BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES Regular Meetings of the Board of Directors and the Planning and Operations Committees Special Meeting of the Finance and Audit Committee AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, June 12, 2013, at 5:00 p.m. Closed Session: 4:00 p.m. (Item SA-D) 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) Teleconference/Videoconference: H. E. Christian Peeples, Director At-Large 68 Rue Escudier, 5 GG, 92100 Boulogne Billancourt, France BOARD OFFICERS DAVID J. ARMIJO, GENERAL MANAGER DAVID A. WOLF, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
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BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, June 12, 2013, at 5:00 p.m.
ACTION SUMMARY
j The Alameda-Contra Costa Transit District Board of Directors held a 1
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regular meeting on Wednesday, June 12, 2013. General Counsel David Wolf confirmed that all requirements of the Ralph M. Brown Act (Govt. Code Sections 54950, et seq.) and the provisions of Board Policy 100, Section 4.8 regarding teleconferenced meetings were met in order for Director Peeples to participate in the meeting and advised that all votes must be taken by roll call vote. [An
affidavit verifying that the teleconference location was accessible to persons with disabilities and that the agenda was posted at the teleconference location at least 72 hours prior to the start of the first meeting is attached as Exhibit A.]
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The meeting was called to order by District Secretary Linda Nemeroff at 4:00 p.m. for the purpose of Closed Session. All Board members were present. The District Secretary announced that the Board would convene in Closed Session to discuss Items SA-D as listed on the agenda. Director Peeples recused himself from the discussion regarding a potential litigation matter and left the meeting at 4:15 p.m. Closed Session concluded at 5:00p.m.
i At
5:04 p.m., President Harper called the Board of Directors meeting
! to order. 1.
! ROLL CALL
i Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper i Absent: None 2.
PRESENTATION
! AC Transit Asset and Performance Management (Presentation
i originally given at the American Public Transit Association's 2013 Bus i and Paratransit Conference).
INFORMATION ONLY
i Director of Maintenance Salvador Llamas made a presentation on AC Transit's Asset and Performance and Management Program. The item was presented for information only. No action was taken. 3.
I PUBLIC COMMENT : • Jane Kramer commented on transparency and accountability with regard to Board demeanor. She said Director Ortiz's demeanor when she questioned policy issues was thoughtful and unassuming yet assertive.
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James Arth commented that he had problems taking the bus to work because the printed schedules were inaccurate and the buses sometimes did not show up. He said he would like to know why the schedules were not accurate and why buses do not show. Ed Nash, ATU Local 192, commented on the low morale among AC Transit management at the General Office. He said that management staff feared retaliation for telling the truth. Barbara Kluger commented that she was concerned that the Grass Valley area had no bus service at all. She said that since Line 98 was cut, she sees pedestrians of all ages walking along Golf Links Road at all hours of the day and night, which is unsafe. Yvonne Williams, President of ATU Local 192, commented on the boarding and seating policies outlined in an operations bulletin. She said that operators cannot evaluate passengers' disabilities and decide who can sit in the disabled access seats. She also said that operators have been attacked for asking passengers with strollers to fold them. 4.
CONSENT CALENDAR MOTION: WALLACE/YOUNG to approve the items on the Consent Calendar as indicated. The motion carried by the following vote:
APPROVED AS INDICATED
AYES:?: Wallace, Young, Ortiz, Williams, Davis, Peeples, Harper ABSTAIN:1: Williams {Item 4A only} 4A. Consider approving Board of Directors and Standing Committee minutes of May 22, 2013. 4B. Consider authorizing members of the Board of Directors and the General Manager to attend the 2013 American Public Transportation Association's Annual Meeting in Chicago, Illinois on September 29 October 2, 2013 (Report 13-178). 4C. Consider authorizing Director Peeples to attend the 2013 RaiiNVolution conference in Seattle, Washington on October 20-23, 2013 (Report 13-179}. 40. Consider authorizing Director Peeples to attend the Transportation Research Board's 93'd Annual Meeting in Washington, D.C. on January 12-16, 2014 (Report 13-180}. Director Ortiz inquired whether funds from one fiscal year could be expended for travel in another fiscal year. District Secretary Linda Nemeroff advised that travel policy allowed the practice; however, the policy did not allow for funds from one fiscal year to be carried over to another fiscal year.
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4E. Consider authorizing the General Manager to sign Addendum No. 1 to the Settlement Agreement and Mutual Release of Claims between Northern California River Watch and the Alameda-Contra Costa Transit District (Report 13-168). 5.
REGULAR CALENDAR
SA. Consider the release of the Interim General Counsel's privileged and confidential report distributed to the Board on May 7, 2013, and a waiver of attorney-client privilege as to the report only. (verbal)
APPROVED
No report was given. MOTION: DAVIS/PEEPLES to make the Interim General Counsel's privileged and confidential report public. The motion carried by the following vote: AYES:7: Davis, Peeples, Ortiz, Williams, Young, Wallace, Harper SB. Consider adoption of Resolution No. 13-029 approving the FY 2013-14 Capital Budget (Report 13-019e).
APPROVED
Chief Financial Officer Lewis Clinton presented the staff report and addressed questions regarding funding swaps, the fungibility of capital funds for operations, matching funds, information technology projects, and MAP-21 eligible projects. (Director Ortiz requested that the vote on the item occur later in the meeting following the discussion of Item C-1 on the Finance and Audit Committee agenda. A vote was taken on the item when the Board reconvened later in the evening.) MOTION: YOUNG/WILLIAMS to adopt Resolution No. 13-029 approving the FY 2013-14 Capital Budget. The motion carried by the following vote: AYES:6: Young, Williams, Davis, Peeples, Wallace, Harper NOES:1: Ortiz SC. Consider adoption of Resolution No. 13-027 approving a Construction Careers Policy for the Bus Rapid Transit Project (Report 12-176a).
CONTINUED
{A revised page of the draft policy (page 11 of 11} was provided at the meeting for the Board's consideration.] General Counsel David Wolf presented the staff report. Outside Counsel Julian Gross was present to address questions from the Board Alameda·Contra Costa Transit District
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regarding the Federal Transportation Administration's regulations pertaining to local hiring. Director Wallace expressed concern with the notion that workers from other states could take jobs away from local residents. Director Peeples asked if there had been any outreach to the building trades groups regarding the resolution, to which Mr. Gross advised that the issue had been discussed with the building trades a couple of weeks prior.
Public Comment: Kate O'Hara, East Bay Alliance for a Sustainable Economy, commented in support of the policy, but raised concerns regarding: 1) pathways for new people to enter construction jobs, 2) how the jobs coordinator position could be connected to the West Oakland Job Resource Center, and 3) the need to develop the policy in connection with the Project Labor Agreement (PLA). Kathy Vaquilar, Chair of ACCE, commented that the policy was missing a new apprentice policy and Job Resource Center connection. She requested that AC Transit delay a decision until meetings could be· held with the community and labor on the issues. Claire Haas, ACCE, commented on the need for community involvement in the development of the policy and requested more community engagement meetings. She said that the West Oakland Job Resource Center already had a jobs coordinator and also stated a need to have career jobs. She encouraged the Board to bring the policy back along with the PLA after working further with the community and labor. Andreas Cluver, Alameda County Construction and Building Trades Council, commented in support of BRT and local jobs policies. He said they work in partnership with agencies they negotiate and work with and have done many agreements with workforce development pathways; however, there has not been a partnership with AC Transit. The following concerns were raised: 1) the policy ·did not address getting new hire apprentices· into the job force; 2) that disadvantaged workers from outside California could come in and bump local workers; 3) the policy asks for commitments from labor regarding the PLA, which has yet to be negotiated. Mr. Cluver stated that the PLA is usually developed in tandem with the Construction Jobs Policy and that is not happening. He requested the item be continued and that staff work with labor and the community to develop a comprehensive PLA and Construction Jobs Policy. Director Peeples stated that he would not vote to approve the policy unless it was accompanied by a Project Labor Agreement.
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MOTION: YOUNG/WILLIAMS to continue the item until such time that staff can bring the report back following meetings with community partners and labor organizations to address some of their issues. Staff is to bring the item back to the Board as soon as possible. The motion carried by the following vote: AYES:7: Young, Williams, Ortiz, Davis, Peeples, Wallace, Harper RECESS TO STANDING COMMITTEES (as the Committee ofthe Whole) The Board meeting recessed to the Standing Committees at 6:14 p.m. ALL COMMITTEES ARE ADVISORY ONLY. A.
I PLANNING COMMITTEE- Mark Williams, Chairperson
! The
Planning Committee convened at 6:14 p.m. All Committee \ members were present.
ACTION SUMMARY
i Public Comment (for items not on the agenda) I There was no public comment offered.
I Briefing/Action Items: A-1. ! Consider recommending receipt of report on the final service [ recommendations under the Inner East Bay Comprehensive Operations Analysis, authorize the General Manager to seek funding I for the pilot proposals, and authorize the General Manager to I consider the use of contracted services for the pilot proposals (Report
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RECOMMEND RECEIPT/ APPROVAL WITH MODIFICATIONS
l12-291b).
[ [Written comments received prior to the meeting were provided to the I Committee for consideration. Director Peeples submitted an article I entitled, "Private contractor struggles to deliver public bus service, records show".]
I Director of Service Development I presented the staff report.
and Marketing Robert del Rosario
I Director Peeples commented on the proposed elimination of service on [ some lines, the configuration of various lines, and changes in the I naming convention and service for Line F. He also commented that he I hoped that there would be a lot of outreach to the public regarding the changes. Public Comment: Nathania! Arnold inquired if the supplemental service routes would be ATU Local 192 work. [Mr. del Rosario responded that staff
wanted to explore the use of contracted services for the Transbay pilot proposals but that all the other service would be provided by ATU.] Alameda-Contra Costa Transit District
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Joyce Willis, ATU Local 192, commented on the contracting out of service. She said that AC Transit had always provided good middle class jobs for people living in the Bay Area and should not contract out service to other companies that don't provide living wages or benefits. She asked that ATU keep the work and middle class jobs in the Bay Area. Yvonne Williams, President of ATU Local 192, commented that ATU has provided excellent service to the Bay Area for past 112 years. She said that the District has already contracted out the customer service call center, closed Division 3 and attempted to close the print shop and would have a fight on its hands if any ATU work was contracted out. MOTION: PEEPLES/WALLACE to recommend that that staff's proposal to explore contracting out the Transbay pilots be rejected and direct staff to not pursue the issue any further; President Harper and Director Davis, No (5·2). MOTION: WALLACE/HARPER to forward to the Consent Calendar Addenda recommending receipt of the report (7). A-2.
Consider recommending that the General Manager be authorized to sign the Operation and Maintenance Agreement with the City of San Leandro for operation of Bus Rapid Transit (Report 13-171).
RECOMMEND APPROVAL
Senior Project Manager Mitra Moheb presented the staff report. MOTION: HARPER/WALLACE to forward to the Consent Calendar Addenda recommending approval (7). A-3.
Consider recommending receipt of the annual update on compliance with the California Air Resources Board (CARB) emissions regulations (Report 13-140).
RECOMMEND RECEIPT
Manager of Technical Services Stu.art Hoffman presented the staff report. MOTION: WALLACE/HARPER to forward to the Consent Calendar Addenda recommending receipt (7). A-4.
Consider recommending receipt of a briefing on the California Air Resources Board (CARB) certification for urban bus hybrid electric vehicles (Report 13-141).
RECOMMEND RECEIPT
Manager of Technical Services Stuart Hoffman presented the staff report.
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MOTION: HARPER/WALLACE to forward to the Consent Calendar Addenda recommending receipt (7). A-5.
Consider recommending award of contract to Parsons Brinkerhoff for completion of a Facility Utilization Assessment Study for AC Transit's Division 3 Operating Facility in Richmond (Report 13-142).
RECOMMEND APPROVAL
Chief Operating Officer Jim Pachan presented the staff report. MOTION: WALLACE/ORTIZ to forward to the Consent Calendar Addenda recommending approval (7). The Planning Committee adjourned at 6:57 p.m.
B.
OPERATIONS COMMITTEE- Joe Wallace, Chairperson The Operations Committee convened at 6:57 p.m. All Committee members were present.
ACTION SUMMARY
I Public Comment (for items not on the agenda)
i There was no public comment offered. i !; Consent Items:
I MOTION:
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B-1.
ORTIZ/YOUNG to forward to the Consent Calendar Addenda recommending receipt (7).
RECOMMEND RECEIPT
I Consider
recommending receipt of report on current bus operator i staffing and plans to staff for optimal service [Requested by Director Peeples- 4/27/13) (Report 13-149).
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I Briefing/Action Items: B-2. I Consider recommending
receipt of report on the District's j Classification and Compensation Study of Unrepresented f Classifications (Report 13-159).
RECOMMEND RECEIPT
i Human Resources Administrator Due Lee presented the staff report. '
I MOTION:
PEEPLES/WILLIAMS to forward to the Consent Calendar
I Addenda recommending receipt (7).
I B-3. \ Consider recommending receipt of report on the initiation and , i progress of the On-Time Performance Task Force (Report 13-144).
RECOMMEND RECEIPT
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Superintendent Joseph Robinson presented the staff report.
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! MOTION: DAVIS/WILLIAMS to forward to the Consent Calendar
I Addenda recommending receipt (7). Alameda-Contra Costa Transit District
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B-4.
Consider recommending receipt of Semi-Annual Report on Clipper l Outreach Activities and Usage (Report 13-145).
RECOMMEND RECEIPT
Customer Services Manager Victoria Einhaus presented the staff report. , Members of the Committee expressed frustration and concern with limitations associated with the expansion of the Clipper Vendor Network, noting that the Metropolitan Transportation Commission should make an effort to get another vendor for Clipper. General Manager David Armijo announced a new marketing campaign aimed at expanding usage by informing customers of where Clipper can be accessed.
i the
MOTION: WILLIAMS/YOUNG to forward to the Consent Calendar , Addenda recommending receipt (7). !
B-5.
! Consider
recommending receipt of Semi-Annual Report on the Customer Service Call Center (Report 13-146).
RECOMMEND RECEIPT
Customer Services Manager Victoria Einhaus presented the staff report. Members of the Committee inquired about the Request For Proposals . for the call center, a Google street view database for the call center, i the ability recognize bus stop identification numbers on smart phones, and the length of trip planning telephone calls. MOTION: WILLIAMS/PEEPLES to forward to the Consent Calendar Addenda recommending receipt (7). B-6.
Consider recommending award of contract to Cedar-Crestone, Inc. for Peoplesoft hosting services pending negotiation of non-monetary provisions as may be necessary (Report 13-138).
RECOMMEND APPROVAL
Chief Technology Officer Tom O'Neill presented the staff report. MOTION: PEEPLES/HARPER to forward to the Consent Calendar Addenda recommending approval (7). The Operations Committee adjourned at 7:32 p.m. C.
SPECIAL FINANCE AND AUDIT COMMITTEE- Jeff Davis, Chairperson : The Finance and Audit Committee convened at 7:32 p.m. All Committee members were present.
ACTION SUMMARY
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Public Comment (for items not on the agenda) There was no public comment offered. Consent Items: C-1.
Consider recommending adoption of Resolution No. 13-032 authorizing the General Manager to enter into an amended agreement with the California Air Resources Board (CARB) for $1.1 million for the hydrogen fueling station at the Seminary Division (Report 13-172).
RECOMMEND APPROVAL
[Attachment 2 to the Staff Report was provided at the meeting for the Committee's consideration.] Chief Performance Officer Tom Prescott presented the staff report. Director Ortiz found it troubling that the original agreement had been executed without Board approval as required by Board Policy. She also asked if there were any other agreements with public agencies or private corporations related to the hydrogen fuel cell project in existence that had not obtained Board approval. General Counsel David Wolf advised that there was a pending agreement with Toyota and another agreement with Mercedes that had already been executed. He further reported that he had been told by the Interim General Counsel that the latter agreement could be signed without Board approval under Board Policy 350 {Procurement Policy). Director Ortiz requested that the General Counsel research all contracts in existence and identify those which may have been executed without the proper authority. MOTION: WILLIAMS/WALLACE to forward to the Consent Calendar Addenda recommending approval; Director Ortiz, No {6-1). C-2.
Consider recommending that the General Manager or his designee be authorized to apply for United States Environmental Protection Agency National Clean Diesel Funding Assistance Program funds (Report 13-161).
RECOMMEND APPROVAL
Senior Capital Planning and Grants Analyst Chris Andrichak presented the staff report. MOTION: WALLACE/PEEPLES to forward to the Consent Calendar Addenda recommending approval (7). C-3.
Consider recommending that the General Manager or his designee be authorized to apply for Department of Homeland Security FY 2013 Preparedness Grant Program funds (Report 13-169).
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RECOMMEND APPROVAL
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Senior Capital Planning and Grants Analyst Chris Andrichak presented the staff report. MOTION: WALLACE/YOUNG to forward to the Consent Calendar Addenda recommending approval (7). C-4.
Consider recommending approval of the District's updated 3-year Disadvantaged Business Enterprise goal for Fiscal Years 2014 - 2016 (Report 13-170).
RECOMMEND APPROVAL
Contracts Compliance Administrator Phillip McCants presented the staff report. MOTION: WALLACE/HARPER to forward to the Consent Calendar Addenda recommending approval (7). The Finance and Audit Committee adjourned at 7:53 p.m.
6.
RECONVENE BOARD OF DIRECTORS MEETING- Greg Harper, President The Board of Directors meeting reconvened at 7:53 p.m.
ACTION SUMMARY
REPORTS OF STANDING COMMITTEES District Secretary linda Nemeroff reported that all of the items from the Planning, Operations, and Finance and Audit Committee meetings had been referred to the Consent Calendar Addenda recommending receipt, approval or adoption as indicated with the exception of Item A-1. Item A-1 was forwarded from the Planning Committee recommending receipt of the report and authorization for the ! General Manager to seek funding for the pilot proposals. The ' recommendation to authorize the General Manager to consider the use of contract services for the Transbay pilot proposals was rejected by the Committee and staff was directed not to pursue the issue any further.
REPORT GIVEN
7.
CONSENT CALENDAR ADDENDA
i' MOTION: WALLACE/PEEPLES to receive, approve or adopt the items referred to the Consent Calendar Addenda as indicated on the agenda with the exception of Item A-1, which was forwarded with the following recommendations: 1) receipt of the report and authorization for the General Manager to seek funding for the pilot proposals, and 2) 1 rejecting the use of contracted services for the Transbay pilot proposals ' 1 with direction to staff not to pursue the issue any further. The motion I carried by the following vote:
RECEIVED, APPROVED OR ADOPTED AS INDICATED
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I AYES:7: Wallace, Peeples, Ortiz, Williams, Davis, Young, Harper I NOES:1: Ortiz {Item C-1 only) Alameda-Contra Costa Transit District
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The items brought before the Board were as follows: A. A-1.
A-2.
A-3. A-4.
A-5.
B. B-1.
B-2. B-3. B-4. B-5. B-6.
C. C-1.
C-2.
C-3.
PLANNING COMMITTEE: Consider receiving report on the final service recommendations under the Inner East Bay Comprehensive Operations Analysis, authorize the General Manager to seek funding for the pilot proposals, and authorize the General Manager to consider the use of contracted services for the pilot proposals (Report 12-291b). Consider authorizing the General Manager to sign the Operation and Maintenance Agreement with the City of San Leandro for operation of Bus Rapid Transit (Report 13-171). Consider receiving the annual update on compliance with the California Air Resources Board (CARB) emissions regulations (Report 13-140). Consider receiving a briefing on the California Air Resources Board (CARB) certification for urban bus hybrid electric vehicles (Report 13141). Consider award of contract to Parsons Brinkerhoff for completion of a Facility Utilization Assessment Study for AC Transit's Division 3 Operating Facility in Richmond (Report 13-142). OPERATIONS COMMITTEE Consider receiving report on current bus operator staffing and plans to staff for optimal service [Requested by Director Peeples - 4/27 /13] (Report 13-149). Consider receiving report on the District's Classification and Compensation Study of Unrepresented Classifications (Report 13-159). Consider receiving report on the initiation and progress of the On-Time Performance Task Force (Report 13-144). Consider receiving the Semi-Annual Report on Clipper Outreach Activities and Usage (Report 13-145). Consider receiving the Semi-Annual Report on the Customer Service Call Center (Report 13-146). Consider approving contract award to Cedar-Crestone, Inc. for Peoplesoft hosting services pending negotiation of non-monetary provisions as may be necessary (Report 13-138). SPECIAL FINANCE AND AUDIT COMMITTEE Consider adoption of Resolution No. 13-032 authorizing the General Manager to enter into an amended agreement with the California Air Resources Board (CARB) for $1.1 million for the hydrogen fueling station at the Seminary Division (Report 13-172}. Consider authorizing the General Manager or his designee to apply for United States Environmental Protection Agency National Clean Diesel Funding Assistance Program funds (Report 13-161). Consider authorizing the General Manager or his designee to apply for Department of Homeland Security FY 2013 Preparedness Grant Program funds (Report 13-169).
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C-4.
Consider approving the District's updated 3-year Disadvantaged Business Enterprise goal for Fiscal Years 2014-2016 (Report 13-170).
8.
CLOSED SESSION/REPORT OUT General Counsel David Wolf reported out on the following:
REPORT GIVEN
MOTION: PEEPLES/ORTIZ to approve settlement in the amount $225,000 in the matter of Ranchez v AC Transit, ACSC Case No. RG12634911. The motion carried by the following vote: AYES:6: Peeples, Ortiz, Davis, Young, Wallace, Harper ABSENT:1: Williams No other reports were given. SA.
Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a))
• Ranchez v AC Transit, ACSC Case No. RG12634911 • Edwin v AC Transit, ACSC Case No. RG12637734
SB.
Conference with Legal Counsel- Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
SC.
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
SD.
Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager
9.
AGENDA PLANNING Referred to future Board Meeting Director Ortiz requested that an expert· in the Brown Act provide training to the Board. (Director Peeples concurred) Next Board Meeting President Harper suggested that the Board start meeting in Closed Session at 3:00 p.m. to discuss the General Manager's review. (Consensus by the Board) President Harper requested a discussion on June 26, 2013 of the Interim General Counsel's privileged and confidential report which was authorized to be released to the public earlier in the meeting. (Director Peeples concurred)
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10.
II GENERAL MANAGER'S REPORT
l General Manager David Armijo reported on the following: Status report on the sa le of the property located at 3500 Seminary I Avenue; ' • The BART Strike Regional Contingency Plan developed by the Metropolitan Transportation Commission with a more detailed report to be provided at the next meeting (letter provided to the Board); I1 • Annual California Highway Patrol inspections for Divisions 2 and 3 j noted considerable improvements; and I • Notification that AC Transit was awarded $27.6 million in lB and . PTMISEA funds for capital projects and bus purchases.
INFORMATION ONLY
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BOARD/STAFF COMMENTS Members of the Board commented on meetings and events attended since the last meeting.
12.
ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 8:08 p.m. The next meeting of the Board 1 of Directors is scheduled for Wednesday, June 26, 2013.
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Respectfully submitted,
~~~ District Secretary
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