04 23 14 Minutes

BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Regular Meetings of the Board of Directors and the Exte...

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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES Regular Meetings of the Board of Directors and the External Affairs and Finance and Audit Committees AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612

Wednesday, April 23, 2014 at 5:00 p.m. Closed Session: 4:00 p.m. (Items SA-80} Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole

MEMBERS OF THE BOARD OF DIRECTORS GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1) ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE) BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DENISE C. STANDRIDGE, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

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BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, April 23, 2014 at S:OO p.m.

ACTION SUMMARY

I The

Alameda-Contra Costa Transit District Board of Directors held a / regular meeting on Wednesday, April 23, 2014.

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i The meeting was called to order at 4:00 p.m. for the purpose of i Closed Session. All Board members were present with the exception iI of Vice President Wallace who arrived at 4:07 p.m., Director Davis

! who arrived at 4:12 p.m. and Director Ortiz who was absent. The ! District Secretary announced that the Board would convene in Closed

I Session to discuss Items SA-D as listed on the agenda.

Closed Session

! concluded at 4:48 p.m. !

I At 5:07 p.m., 1.

President Harper called the Board of Directors meeting

! to order. ! J

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ROLL CALL

I Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper 2.

I I GENERAL MANAGER'S REPORT I General Manager David Armijo reported on the following:

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INFORMATION ONLY

Update on the new Safe Driving Program for bus operators; Initiation of water conservation measures throughout the District; New outreach to employees through "Ask GM" sessions, which provide an informal forum for employees to discuss day-to-day and long term issues directly with the General Manager; and His observations while riding buses during the past two weeks.

! [With regard to the Safe Driving Program, President Harper asked

l whether "accident free" meant the operator had no accidents at all or if I the accident was non-chargeable. Chief Operating Officer Jim Pachan I advised that accident free included nan-chargeable accidents. An ! example of a non-chargeable accident is when an operator is loading i passengers and is hit by a car. A chargeable accident results when the operator has erred.]

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i PUBLIC COMMENT 1 •

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Jane Kramer commented on transparency and accountability with regard to the discussion at the previous meeting concerning Clipper. She added that the Board's deliberative process was thoughtful, noting that Clipper should be integrated with the goals of sustainability and resilient local communities and the creation of local economies.

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4.

APPROVED OR RECEIVED AS INDICATED

CONSENT CALENDAR MOTION: WALLACE/PEEPLES to approve the Consent Calendar as presented. The motion carried by the following vote: AYES:7: Wallace, Peeples, Ortiz, Williams, Davis, Young, Harper

4A. Consider approving Board of Directors minutes of April14, 2014. 4B. Consider receiving Accessibility Advisory Committee minutes of March 12, 2014 (Report 14-096}. 4C. ! Consider receiving Retirement Board minutes of March 13, 2014 (Report 14-097}.

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REGULAR CALENDAR

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SA. Consider approving contract award for the Lead Artist for the Bus I [ Rapid Transit Art Enhancement (Report 14-085}.

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APPROVED CONTRACT AWARD

I BRT Senior Project Manager Ram a Pochiraju presented the staff report,

l noting the BRT Policy Steering Committee recommended award of the

i lead artist contract to Johanna Poethig and Mildred Howard and the ' initiation of community outreach activities.

Discussion ensued regarding the advertisement of the procurement , solely the Oakland Tribune. A mix of views were expressed regarding , the relevance of newspapers in a technology-driven society; however, [ members of the Board expressed the general need to cast a wider net ! i when advertising procurements whether it be it by newspaper, the i ! internet, or other types of outreach. Director of Procurement Jon · Medwin advised that advertisements could be placed in additional papers if requested.

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I I Director Ortiz asked I the selection of the

why community input would be necessary after artist and design concept. BRT advisor, Helene. Freid, reported that community input was sought early in the process ! and used to develop a framework for the artist design concepts. She ! added that the community outreach phase was complete.

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I Public Comment: i

I • Joyce Roy commented that the recommended design is the best

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choice. It is the simplest, but suggested that the color should change with the stations. Steven Huss, Cultural Arts Manager for the City Oakland, encouraged the Board to support the artist team recommended by the selection panel and the Policy Steering Committee. He felt the process was handled well and included a robust pool of applicants. He added

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that the artists are very professional and accomplished and compose a team of national stature.

--·kM~TION: PEEPlES/WAllACE t? approve contract a~ard to the lead

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i art1st team of Johanna Poeth1g of Oakland and Mildred Howard of for the Bus Rapid Transit art enhancement. The motion ! carried by the following vote:

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I AYES:S: Peeples, Wallace, Williams, Davis, Harper I NOES:2: Ortiz, Young i

SB.I Consider adoption of Resolution No. 14-018 approving the changes to the locally Preferred Alternative for the East Bay Bus Rapid Transit Project as described in the Environmental Re-evaluation (Section I 130(c)) Report and authorize the General Manager to file an i amendment to the Notice of Determination with the Alameda County Clerk and State Clearinghouse (Report 12-083b).

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RESOLUTION ADOPTED

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! ! BRT Senior Project Manager Ram a Pochiraju presented the staff report. ! j MOTION: PEEPLES/DAVIS to adopt Resolution No. 14-018 approving

I the changes to the locally Preferred Alternative for the East Bay Bus I Rapid

Transit Project as described in the Environmental Re-evaluation ! {Section 130{c)) Report and authorize the General Manager, or his designee, to file an amendment to the Notice of Determination with ! the Alameda County Clerk and State Clearinghouse. The motion carried I by the following vote:

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! AYES:7: Peeples, Davis, Ortiz, Williams, Young, Wallace, Harper

sc.l Consider the options for the appointment of a non-ATU employee I representative to the Alameda-Contra Costa Transit District

RESOLUTION ADOPTED

I Retirement Board and adoption of Resolution 14-022 (Report 14-123). I I District

Secretary linda Nemeroff presented the staff report. General i Manager David Armijo recommended the appointment of Treasury Manager Sue lee to fill the vacancy on the Retirement Board and i commented on her qualifications and interest in the appointment.

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I MOTION: DAVIS/YOUNG to adopt Resolution No.14-022 approving the 1appointment of Sue lee as the Non-ATU Employee Representative on I the AC Transit Retirement Board to fill an unexpired term ending on j March 31, 2015. The motion carried by the following vote:

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j AYES:7: Davis, Young, Ortiz, Williams, Peeples, Wallace, Harper

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SD. I Announcement regarding the appointment of a Board liaison I representative to the Transbay Task Force. (verbal)

APPOINTMENT ANNOUNCED

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I President Harper announced that he would be the regular Board liaison I representative to the Transbay Task Force. RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 5:40p.m. ALL COMMITTEES ARE ADVISORY ONLY. A.

I EXTERNAL AFFAIRS COMMITTEE- Elsa Ortiz, Chairperson

ACTION SUMMARY

I The External Affairs Committee convened at 5:40 p.m. All Committee , members were present.

I I Public Comment (for items not on the agenda)

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' • John Holder stated he was terminated during Operator Training for I not having his District issued water bottle. He claimed harassment by instructors and felt the response to his claims by the EEO , Manager and Training Manager, were unprofessional and ! unsatisfactory. He asked the Board to investigate the high washout ' rate during training. (Submitted comments along with a copy of Staff Report 13-158 and a memo to all employees from the General Manager dated September 4, 2012) 1 • Yvonne Williams, President of ATU Local 192, spoke on behalf of retired bus operator Laura Nelson - the first female operator to achieve 30 years of safe driving at AC Transit. Ms. Williams advised that despite numerous requests, the District continues to withhold Ms. Nelson's safe driving award (a ring). She requested that the District release the ring to Ms. Nelson. Laura Nelson commented that said she was proud of her performance over 36 years and was told when she put in her papers she would be issued her award. She has spoken to Managers and Superintendents and still hasn't received her award Ed Nash spoke on behalf of Operator Nelson saying that if there I were a driver of the decade award, she should have gotten it. She was always polite, courteous and helpful to everyone. He said the i 30 year safe driving award means a lot to her and she should get it. !' 1 • Ronald Williams echoed the comments of Mr. Nash, noting that Ms. I Nelson was never involved in accidents or mishaps in the yards. He ! said that Maintenance employees deserve recognition for the 1 mileage that they cover driving coaches. With regard to the 'I Apprenticeship Program, he said outside companies have contacted him for materials on how to develop a program similar to AC Transit's because it is a solid Jlrpgram.

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Briefing/Action Items: A-1.

Consider recommending receipt of the monthly legislative report and approval of legislative positions (Report 14-098).

RECOMMEND APPROVALW/ MODIFICATIONS

Director of legislative Affairs and Community Relations Beverly Greene presented the staff report. Director Peeples asked whether it was appropriate for the Board to support any particular cap and trade appropriation at this time. Chair Ortiz offered that it might be better to take a wait and see approach and watch the bills for now. MOTION: ORTIZ/WALLACE to recommend a WATCH position on SB 1122 (Pavley) and SB 1204 (Lara). The motion carried by the following vote: AYES:7: Ortiz, Wallace, Harper, Williams, Davis, Peeples, Young Director Peeples asked why the District would not support fellow transit agencies in placing three-position bike racks on buses. Ms. Greene advised that given what staff is learning from the District's own pilot program, staff is recommending a WATCH position on the bills. Director of Maintenance Sal Llamas advised that the three-position bike racks block headlights and create safety challenges in how passengers remove bikes from the rack. In addition, the racks are not standard features on the new Gillig and New Flyer buses. MOTION: WALLACE/PEEPLES to forward to the Consent Calendar Addenda recommending receipt of the legislative report and approval of legislative positions as amended to include a WATCH position on SB 1122 (Pavley) and SB 1204 (Lara). The motion carried by the following vote: AYES:7: Wallace, Peeples, Harper, Williams, Davis, Young, Ortiz A-2.

Consider recommending approval of the Accessibility Advisory Committee (AAC) Outreach Flyer to be used by committee members to promote AC Transit accessible bus services (Report 14-121).

RECOMMEND APPROVAL

There was no presentation of the staff report. MOTION: PEEPLES/YOUNG to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by the following vote: AYES:7: Peeples, Young, Wallace, Harper, Williams, Davis, Ortiz

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A-3.

Consider recommending support of Measure· AA - the Alameda County healthcare services tax (Report 14-047).

RECOMMEND SUPPORT

[The Staff Report was provided at the meeting for the Committee's consideration.] There was no presentation of the staff report. MOTION: PEEPLES/ORTIZ to forward to the Consent Calendar Addenda recommending support of Measure AA. The motion carried by the 1 following vote:

I AYES:7:

Peeples, Ortiz, Wallace, Harper, Williams, Davis, Young

The External Affairs Committee adjourned at 5:59p.m.

B.

I FINANCE AND AUDIT COMMITTEE- Jeff Davis, Chairperson 1 The Finance and Audit Committee convened at 5:59 p.m. All Committee members were present.

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ACTION SUMMARY

I Public Comment (for items not on the agenda)

l budget and asked when the ! I! next audit of AC Transit would be conducted and how many audits i' I there were per year. I

i Dollene Jones complimented staff on the

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Consent Items: MOTION: PEEPLES/WILLIAMS to forward the items B-1 through B-4 to the Consent Calendar Addenda recommending receipt, approval or , adoption as indicated. Item B-5 was pulled off the Consent Calendar by ! Director Peeples for questions. The motion carried by the following ! vote:

I AYES:7: Peeples, Williams, Ortiz, Wallace, Harper, Young, Davis

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i B-1.

B-3.

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! Consider

recommending receipt of the Monthly !Investments for February, 2014 (Report 14-099).

B-2.

RECOMMEND RECEIPTOR APPROVAL AS INDICATED

Report

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Consider review and recommend approval of Board Policy 320- Debt Limitations with no changes (Report 14-049).

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Consider recommending adoption of Resolution No. 14-020 authorizing the General Manager or his designee to file and execute I applications for the Metropolitan Transportation Commission's FY ! 2013-14 Transit Performance Initiative - Investment grant program ! for the South County Major Corridors Travel Time Improvement ! Project (Report 14-116).

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B-4.

Consider recommending adoption of Resolution No. 14-021 authorizing the General Manager or his designee to file and execute applications for the Alameda County Transportation Commission's FV 2014-15 Transportation Fund for Clean Air program for eligible projects that result in the reduction of motor vehicle emissions (Report 14-117).

B-5.

Consider recommending that the General Manager be authorized to RECOMMEND renew the contract with Sedgwick Claims Management as the APPROVAL District's Third Party Administrator for Workers' Compensation 1 Claims (Report 10-227b). ! Director Peeples inquired about the following: 1) the relationship between leave management and Workers' Compensation; 2) the . relationship between inputs and outputs associated with the Workers' 1' Compensation program; and 3) whether metrics would be added to the next contract to compare to AC Transit's history to industry norms. Human Resources Manager Due Le explained that the leave management unit administers all leave regardless if an employee is on . medical leave, industrial injury, family leave, Workers' Compensation, etc. In comparing other agencies, Mr. Le advised that there are several I ways to evaluate the program, including: cost per claim, open claims I inventory versus closure rates, lost days, etc. He also said that the next I solicitation/contract for third party administration of the program i should include established targets/metrics to keep the number of claims down, cost containment and that employee's return to work. ' He added that these criteria could be used to evaluate whether a future contract should be extended.

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MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by I ! the following vote:

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! AYES:7: Peeples, Williams, Ortiz, Harper, Wallace, Young, Davis ! J

B-6.

Briefing/Action Items:

I Consider

recommending receipt of report on the Draft FV 2014-15 Annual Operating and Capital Budget (Report 14-026c).

RECOMMEND RECEIPT

Budget Manager Hernan Vargas presented the report on the operating budget and Capital Planning and Grants Manager Kiran Bawa gave an i overview of the capital budget for FV 2014-15.

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i Staff addressed questions from members of the Committee concerning

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• How new capital projects are identified and added to the capital budget; • Whether the funding to purchase vehicles for the Bus Rapid Transit has been identified; • The relocation of the Operations Control Center (OCC) to the Central Maintenance Facility due to cost savings and the location of the fiber optic network; • The process to reopen Division 3; • Relocation of the guard desk at the General Offices; • Alameda and Contra Costa County Sheriffs contracts; • The addition of $2.5 million in bus service and whether there will be sufficient revenues to pay for it; • Capital contribution and financial obligations for the Transbay Transit Center; and • Allocation of AB 1107 funds to Special District Two. General Manager David Armijo advised that the challenge for the next [ year will be doing all the projects set forth in the budget within the ! existing budgetary constraints. 1

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i Director Davis requested an analysis of the revenues, in particular, fare i' revenue

which is projected to increase by $2.5 million and what I assumptions are being made that justify the increase.

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I MOTION:

ORTIZ/WILLIAMS to forward to the Consent Calendar iI Addenda recommending receipt. The motion carried by the following i vote:

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AYES:7: Ortiz, Williams, Harper, Wallace, Peeples, Young, Davis

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! Consider recommending receipt of report and authorize the General ! Manager to implement the recommended classification and

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RECOMMEND APPROVAL

structure for the unrepresented employees identified

! in the report effective July 1, 2014 (Report 13-159a).

I! Human Resources Manager Due Le presented the staff report. i

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Ortiz was concerned about the comparison of AC Transit salaries with other transit agencies, noting that AC Transit is trying to change this trend, especially at the executive management level.

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Le addressed questions regarding merit pay, the methodology

i behind the study, and how the proposed salary structure would work. !

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Davis requested supporting data for the study by the Hay

! Group. He also asked if any employees would receive an adjustment in

I salary based on the

results of the study. Mr. Le advised that only one

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position was affected and would receive a slight increase in salary. MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by the following vote: AYES:7: Peeples, Williams, Harper, Wallace, Ortiz, Young, Davis B-8.

Consider recommending authorization to bind the Proposed 20142015 Excess Liability Insurance and Travel Insurance Policies (Report 14-118).

RECOMMEND APPROVAL

Interim General Counsel Denise Standridge presented the staff report. President Harper asked if the duty to defend was attached to the insurance carriers. Ms. Standridge advised that it was not and if it were, it would significantly increase the premium. She further advised that staff would bring the rest of the policies back to the Board in a few months. President Harper stated that given the high deductible, he will demand more intense legal work and litigation because of the increased exposure on every claim. Ms. Standridge advised that the safety program has resulted in fewer accidents and that the carriers were impressed with the District's program. In addition, staff has asked the broker to provide services on risk analysis. President Harper requested a comprehensive risk analysis to be performed by the time the insurance is renewed next year. MOTION: PEEPLES/WALLACE to forward to the Consent Calendar Addenda recommending authorization to renew Excess Liability Insurance and Travel Insurance coverage for FY 2014-15 at a $2 million self-insurance retention level. The motion carried by the following vote: AYES:7: Peeples, Wallace, Harper, Ortiz, Williams, Young, Davis The Finance and Audit Committee adjourned at 6:56p.m. RECONVENE BOARD OF DIRECTORS MEETING - Greg Harper, President The Board of Directors meeting reconvened at 7:33 p.m. All Board members were present.

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ACTION SUMMARY

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REPORT GIVEN REPORTS OF STANDING COMMITTEES District Secretary Linda Nemeroff reported that all of the items from the External Affairs and Finance and Audit Committee meetings had been referred to the Consent Calendar Addenda recommending receipt, approval or adoption as presented, with the following modifications: Item A-1 was forwarded recommending receipt of the legislative report and approval of legislative positions as amended to include a WATCH position on SB 1122 {Pavley) and SB 1204 (Lara); , and Item B-8 was forwarded recommending approval to renew Excess ! 1 Liability Insurance and Travel Insurance coverage for FY 2014-1S at a $2 million self-insurance retention level.

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RECEIVED, APPROVED OR ADOPTED AS INDICATED

CONSENT CALENDAR ADDENDA MOTION: ORTIZ/WILLIAMS to receive, approve or adopt the items referred to the Consent Calendar Addenda as indicated on the agenda, including Item A-1 to receive the legislative report and approve legislative positions as amended to include a WATCH position on SB 1 1122 (Pavley) and SB 1204 (Lara); and Item B-8 to approve a renewal of Excess Liability Insurance and Travel Insurance coverage for FY 2014-15 i at a $2 million self-insurance retention level. The motion carried by the ! following vote:

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i i AYES:7: Ortiz, Williams, Davis, Young, Peeples, Wallace, Harper

Ii The items brought before the Board were as follows: A. A-1.

I EXTERNAL AFFAIRS COMMITTEE:

A-3.

I Consider

Consider receiving the monthly legislative report and approval of j legislative positions, and support of Measure AA - the Alameda County [ Healthcare Services Tax (Report 14-098). A-2. I Consider approving the Accessibility Advisory Committee (AAC) ! Outreach Flyer to be used by committee members to promote AC J Transit accessible bus services (Report 14-121).

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supporting Measure AA - the Alameda County healthcare services tax. (verbal)

I FINANCE AND AUDIT COMMITTEE

Consider receiving the Monthly Report on Investments for February, 12014 (Report 14-099). B-2. 1 Consider approving Board Policy 320 - Debt Limitations with no changes (Report 14-049). B-3. Consider adoption of Resolution No. 14-020 authorizing the General Manager or his designee to file and execute applications for the Metropolita~Transportation Commission's FY 2013-14 Transit ! Performance Initiative - Investment grant program for the South County Major Corridors Travel Time Improvement Project (Report 141116). J

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B-4.

B-5.

B-6. B-7.

B-8.

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Consider adoption of Resolution No. 14-021 authorizing the General Manager or his designee to file and execute applications for the County Transportation Commission's Alameda FY 2014-15 Transportation Fund for Clean Air program for eligible projects that result in the reduction of motor vehicle emissions (Report 14-117). Consider authorizing the General Manager to renew the contract with Sedgwick Claims Management as the District's Third Party Administrator for Workers' Compensation Claims (Report 10-227b). Consider receiving report on the Draft FY 2014-15 Annual Operating and Capital Budget (Report 14-026c). Consider receiving report and authorize the General Manager to implement the recommended classification and compensation structure for the unrepresented employees identified in the report effective July 1, 2014 (Report 13-159a). Consider authorizing the binding of the Proposed 2014-2015 Excess liability Insurance and Travel Insurance Policies (Report 14-118). REPORT GIVEN

CLOSED SESSION/REPORT OUT

Interim General Counsel Denise Standridge reported out on the following: MOTION: PEEPLES/WALLACE to approve settlement in the amount of $110,000 in the matter of Lucina Sandoval v. AC Transit, et a/., ACSC Case No. RG13689501. The motion carried by the following vote: AYES:5: Peeples, Wallace, Williams, Young, Harper ABSENT:2: Ortiz, Davis No other reports were given. 8A.

Conference with Legal Counsel- Existing litigation (Government Code Section 54956.9 (a )I Lucina Sandoval v. AC Transit, eta/., ACSC Case No. RG13689501, Claim No. 12-2905. Arul Edwin v. AC Transit, ACSC Case No. RG12637734; Claim No. 12-1954

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Conference with Legal Counsel- Potential litigation (Government Code Section 54956.9(b)i (Two Cases)

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Conference with Labor Negotiators (Government Code Section 54957.6): Agency Designated Representative: David J. Armijo, General Manager Employee Organizations: ATU Local 192, AFSCME local 3916, IBEW local 1245, Unrepresented Employees

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Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager, Interim General Counsel, District Secretary

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I AGENDA PLANNING Referred to Operations Director Williams requested the development of a recognition/award program for the Maintenance Department.

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Director Ortiz requested that the Board Retreat on April 30th begin at 1:00 After a brief discussion, there was no change to the meeting time of j 2:00p.m.

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BOARD/STAFF COMMENTS I

Members of the Board commented on meetings and events attended since the last meeting.

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ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 7:03 p.m. The next meeting of the Board of Directors is scheduled for Wednesday, April 30, 2014.

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Respectfully submitted,

Q~A-~ ~. Linda Nemeroff District Secretary

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