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, June 24, 2015 at 5:00 p.m. Closed Session: 3:30p.m. Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS H. E. CHRISTIAN PEEPLES, PRESIDENT (AT-LARGE) ELSA ORTIZ, VICE PRESIDENT (WARD 3) JOE WALLACE (WARD 1) GREG HARPER (WARD 2) MARK WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) BOARD OFFICERS KATHLEEN KELLY, INTERIM GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY
Alameda-Contra Co sta Transit District
June 24, 2015
11
Page 1 of 11
BOARD OF DIRECTORS MEETING- H. E. Christian Peeples, President Wednesday, June 24, 2015 at 5:00p.m.
ACTION SUMMARY
I The Alameda-Contra Costa Transit District Board of Directors held a ! regular meeting on Wednesday, June 24, 2015.
i
I The
meeting was called to order at 3:31 p.m. for the purpose of I Closed Session. All Board members were present. The District [ Secretary announced that the Board would convene in Closed Session to discuss Items SA-F as listed on the agenda. Closed Session ! concluded at 5:00p.m.
I
At 5:05 p.m., President Peeples called the Board of Directors meeting ! to order. J
1.
2.
I ROLL CALL I' Present: Wallace (arrived I Young, Ortiz, Peeples
at 5:06 p.m.), Harper, Williams, Davis,
I PRESENTATION 1
AC Transit Enterprise Database and Applications.
INFORMATION ONLY
I Director of Systems and Software Manjit Sooch presented an overview I of the AC Transit Enterprise Database and applications and i developments
in the Information Services Department over the past
! three years.
!
! Director Harper requested a future report on how the Key Performance [ Indicator data is being used from a managerial standpoint, how it will I be used it in the future, and what the limitations are. He also asked i whether it was better to use predictive data or real-time data to determine when a bus would arrive at a stop. Chief Information [ Services Officer Tom O'Neill advised that real-time location data was ! better, adding that he would like to give app developers the option of \ using predictive data or real time location data to develop apps.
I j
I The item was presented for information only. i
3.
I PUBLIC COMMENT
!
1 •
Jane Kramer commented on transparency and accountability with regard to policy, data collection and risk taking, noting that one Board Member had called for tracking insurance costs so that future decisions regarding insurance renewals would be based on historical data. In her opinion, this approach should also be applied to service development by performing a Districtwide household needs study to give data on which to base service planning.
Alameda-Contra Costa Transit District
June 24, 2015 12
Page 2 of 11
4.
CONSENT CALENDAR MOTION: WILLIAMS/WALLACE to approve, adopt or receive the consent calendar as presented. The motion carried by the following vote:
APPROVED, ADOPTED OR RECEIVED AS INDICATED
AYES:7: Williams, Wallace, Harper, Davis, Young, Ortiz, Peeples 4A. Consider authorizing President Peeples to attend the Transportation Research Board's 951h Annual Meeting on January 10-14, 2016 in Washington, D.C. (Report 15-170). 4B. Consider authorizing President Peeples to attend the RaiiNVolution 2015 Conference in Dallas, Texas on October 25-28, 2015 (Report 15171}. 4C. Consider approving Retirement Board Minutes of May 15, 2015 (Report 15-139}. 4D. Consider receiving Accessibility Advisory Committee minutes of April 14, 2015 (Report 15-105}. 4E. Consider receiving Accessibility Advisory Committee minutes of May 12, 2015 (Report 15-140). 4F. [ Consider the adoption of Resolution No. 15-030 acknowledging the ! 251h anniversary of the Americans with Disabilities Act. ! 5.
I REGULAR CALENDAR
I
SA. [ Consideration of next steps associated with the proposed residential I project located at 525 Harrison Street in San Francisco and its ! potential impact on a future contra flow lane on the Bay Bridge and I provide direction. (verbal}
NO ACTION TAKEN
!
' Director of Service Development Robert del Rosario reported that staff had worked with the City of San Francisco Mayor's Office and his Transportation Policy Advisor to develop a process to engage in discussions with Hines regarding the incorporation of a contra flow lane into the design of the S2S Harrison Project. He further advised . that a meeting with Hines was positive and, of the three configurations 1 for the design that were developed, Hines was most interested in the configuration that had the least impact on the property (a five unit impact). No financial discussions took place at this meeting.
I
Another concern raised was the possibility that the San Francisco Planning Commission would ask Hines to densify the project by adding 30 more units for a total of 209 units even though the project was
Alameda-Contra Costa Transit District
June 24, 2015 13
Page 3 of 11
limited by the environmental document to 204 units. It was pointed out that the contra flow lane, which would require the space of five units, could allow the number of units to be increased while staying within the limits of the environmental document. The idea was discussed and was well received at the June 18, 2015 Planning Commission meeting; however, the Commission did not insist that the configuration be incorporated into the design. Mr. del Rosario added that Hines would look at the 3 story, 30 unit option, but would seek Commission approval of the project on July 161h. He indicated that staff was looking to obtain some sort of agreement with Hines that they would accommodate for the contra flow lane off ramp. He added that the District would contract with ARUP to review the design drawings for the project and the ramp design and perform a more concrete analysis. Staff will brief the Board before engaging in further discussions and negotiations with Hines. Vice President Ortiz asked who would fund the study. Staff advised that AC Transit would fund it and it would be used to determine the amount of conflict between the contra flow lane ramp design and the project design. Director Harper asked when it would be appropriate to bring Caltrans into the discussions. Mr. del Rosario advised that AC Transit would not likely be the lead sponsor of the project; it would either be Caltrans or the Transbay Joint Powers Authority. He added that the Core Capacity Transit Study would likely identify the appropriate project lead. Director Harper clarified that the contra flow lane off ramp will lead to only once place- the deck of the Bus Storage Facility, so it makes sense that AC Transit be involved. He added that AC Transit may have to save the easement, but the construction will be a Caltrans project. MOTION: YOUNG/ORTIZ to receive the report. The motion carried by the following vote: AYES:7: Young, Ortiz, Wallace, Harper, Williams, Davis, Peeples 5B. Announcement of changes to the Board and Committee meeting schedule for the month of July. (verbal)
i'
SCHEDULE MODIFICATIONS ANNOUNCED
District Secretary Linda Nemeroff announced that the Board would hold its regular meeting on July 8, 2015 at 5:00p.m. as planned and the regular meeting on July 22, 2015 has been cancelled. The Board and the External Affairs and Finance and Audit Committees will hold special meeting on July 29, 2015 at 5:00p.m.
I The item was presented for information only. Alameda-Contra Costa Transit District
June 24, 2015
14
Page 4 of 11
APPROVED
5C. Consider approving an amendment to the regular Board and Committee meeting schedule to establish November 18, 2015, as the date of the regular Board and Committee meetings for that month. (verbal) District Secretary Linda Nemeroff requested that the Board reschedule its regular meeting from November 11, 2015 to November 18, 2015. She advised that staff was planning to hold a public hearing in November that would be better attended if held on a date other than the Veteran's Day holiday (November 111h). MOTION: WALLACE/YOUNG to approve an amendment to the regular Board and Committee meeting schedule to establish November 18, 2015, as the date of the regular Board and Committee meetings for that month. The motion carried by the following vote: AYES:7: Wallace, Young, Harper, Williams, Davis, Ortiz, Peeples RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 5:35 p.m. ALL COMMITTEES ARE ADVISORY ONLY.
A.
A-1.
I EXTERNAL AFFAIRS COMMITTEE- Mark Williams, Chairperson
j
[ members were present.
i
i The External Affairs Committee convened at 5:35 p.m. All Committee I
ACTION SUMMARY
i Public Comment (for items not on the agenda) There was no public comment offered. I I Briefing/Action Items: J
A-2.
I Consider recommending receipt of the monthly legislative report and
RECOMMEND RECEIPT AND APPROVAL OF LEGISLATIVE POSITIONS
I approval of legislative positions (Report 15-141).
I [A revised Budget Update and information on 58 9 (Beall} from
I Platinum Advisors were provided at the meeting for the Committee's i consideration.]
!
! Director Ortiz inquired about the Transit Pass Expansion Grant
I Program.
Mr. Greene advised that the details of the program were and District's lobbyist has been asked to provide more I information.
! unclear i
! Director Ortiz noted there was concern at the Alameda County
I Transportation
Commission about SB 254 and the possibility that [ transit agencies would be made responsible for maintaining roads .. She asked why AC Transit was not opposing this bill or taking an
I
Alameda-Contra Costa Transit District
I
June 24, 2015
15
Page 5 of 11
oppose unless amended position. Ms. Greene advised that the lobbyist could look at it and make some recommendations. President Peeples commented that many of the state highways were in poor condition and Caltrans does not have any money. Public Comment: Yvonne Williams, President of ATU Local 192, commented on SB 413 which would require operators to ask non disabled passengers to move from disabled seats or the sheriff would be called. In Ms. Williams' opinion, the District does not have enough deputies to enforce this law, and since operators cannot ask a passenger if they are disabled, the operators would not be able to enforce it.
MOTION: WALLACE/YOUNG to forward to the Consent Calendar Addenda recommending receipt of report and approval of legislative positions. The motion carried by the following vote: AYES:7: Wallace, Young, Harper, Ortiz, Davis, Peeples, Williams, The External Affairs Committee adjourned at 5:47 p.m.
B.
B-1.
FINANCE AND AUDIT COMMITIEE- Jeff Davis, Chairperson All I The Finance and Audit Committee convened at 5:47 p.m. I Committee members were present. [ 1
.,1
ACTION SUMMARY
!
I Public Comment (for items not on the agenda)
I There was no public comment offered. I
! Consent Items: I MOTION: ORTIZ/WALLACE to forward to the Consent Calendar
I Addenda
recommending receipt or adoption as indicated. The motion
i carried by the following vote:
RECOMMEND RECEIPTOR ADOPTION AS INDICATED
I ! AYES:7: Ortiz, Wallace, Harper, Williams, Young, Peeples, Davis B-2.
I Consider
recommending
receipt
of
the
Monthly
Report
on
! Investments for the month of April 2015 (Report 15-142). B-3.
Consider recommending adoption of Resolution No. 15-026 providing notice of the scheduled adoption of an Appropriations limit for FY 2015-16 (Report 15-144).
! [Revised Resolution No.
15-026 was distributed at the meeting and is I incorporated into the file by reference.] '
Alameda-Contra Costa Transit District
June 24, 2015 16
Page 6 of 11
Director Harper pulled the item off the consent calendar to ask why the full county population averages were used rather than eliminating the cities that we do not serve, given that the highest population growth occurred outside of our service area. Interim Chief Financial Office Jim Pachan advised that staff would research the issue and report back when the Appropriations limit is brought back for adoption. Briefing/Action Items:
B-4.
Consider recommending receipt of the Bi-monthly Budget Update for the period of March and April 2015 (Report 15-143).
RECOMMEND RECEIPT
Director of Management and Budget Donald Eckert presented the staff report. MOTION: PEEPLES/WALLACE to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AYES:7: Peeples, Wallace, Harper, Ortiz, Williams, Young, Davis B-5.
Consider recommending receipt of the Financial Audit Plan and Audit Engagement Letter for the Fiscal Year Ending June 30, 2015 (Report 15-145).
RECOMMEND RECEIPT
Controller Ralph Martini presented the staff report. David Alvey of Maze and Associates was present to address questions from the Committee. President Peeples inquired about GASB 68 and how it would apply to the District's financial statements, noting concern as to how the change may be perceived by the public and press. Mr. Alvey advised that the audit report/opinion would address this issue and reference the reader to a footnote that will disclose what the implementation was, further documentation of it, and also reference the note on financial statements where this new liability is booked. He added that the public and press will see the effect of GASB on the statements of most government entities, not just AC Transit. Vice President Ortiz asked what is meant by "agreed upon procedures" for Measure VV, Dl, D2, etc. Mr. Martini advised that the agreed upon procedures are a set of steps staff follows to allocate funds between districts or parts thereof, and the auditors ensure that staff allocated the funds properly.
i; MOTION:
PEEPLES/WALLACE to forward to the Consent Calendar
i Addenda recommending receipt. The motion carried by the following
!; vote: Alameda-Contra Costa Transit District
June 24, 2015
17
Page 7 of 11
AYES:7: Peeples, Wallace, Harper, Ortiz, Williams, Young, Davis B-6.
Consider recommending adoption of Resolution No. 15-029 authorizing the Interim General Manager or her designee to file and execute applications with the Metropolitan Transportation Commission for its Transit Capital Priorities (TCP) Program for Federal FY 2016, FY 2017, and FY 2018, including Federal Transit Administration Sections 49 USC 5307 and 5339; Surface Transportation Program; and Assembly Bill 664 Net Bridge Toll Funds (Staff Report 15-163).
RECOMMEND ADOPTION
Manager of Capital Planning and Grants Chris Andrichak presented the staff report. Director Harper requested a needs assessment of the sixty-foot articulated buses and whether the District is ordering the amount necessary. Interim Chief Financial Officer James Pachan advised that the Planning Department had compiled this information and could present it to the Board at a future date. MOTION: WILLIAMS/WALLACE to forward to the Consent Calendar Addenda recommending adoption. The motion carried by the following vote: AYES:7: Williams, Wallace, Harper, Ortiz, Young, Peeples, Davis The Finance and Audit Committee adjourned at 6:04p.m.
i RECONVENE BOARD OF DIRECTORS MEETING I H. E. Christian Peeples, President i The Board of Directors meeting reconvened
6.
I members were present. i REPORTS OF STANDING COMMITIEES
ACTION SUMMARY at 6:04 p.m. All Board
REPORT GIVEN
i District Secretary Linda Nemeroff reported that all of the items from
i' the External Affairs and Finance and Audit Committee meetings were I referred to the Consent Calendar Addenda recommending receipt,
I approval or adoption as presented. 7.
i CONSENT CALENDAR ADDENDA
I MOTION:
WILLIAMS/WALLACE to receive, approve or adopt the items ! referred to the Consent Calendar Addenda as indicated. The motion I carried by the following vote:
RECEIVED, APPROVED OR A_DOPTEDAS INDICATED
II AYES:7: Williams, Wallace, Harper, Davis, Young, Ortiz, Peeples Alameda-Contra Costa Transit District
June 24, 2015 18
Page 8 of 11
A. A-2.
B. B-2. B-3.
B-4. B-5. B-6.
8.
The items brought before the Board were as follows: EXTERNAL AFFAIRS COMMITTEE: Consider receiving the monthly legislative report and approval of legislative positions (Report 15-141). FINANCE AND AUDIT COMMITTEE: Consider receiving the Monthly Report on Investments for the month of April2015 (Report 15-142). Consider adoption of revised Resolution No. 15-026 providing notice of the scheduled adoption of an Appropriations Limit for FY 2015-16 (Report 15-144). Consider receiving the Bi-monthly Budget Update for the period of March and April 2015 (Report 15-143). Consider receiving the Financial Audit Plan and Audit Engagement Letter for the Fiscal Year Ending June 30, 2015 (Report 15-145). Consider adoption of Resolution No. 15-029 authorizing the Interim General Manager or her designee to file and execute applications with the Metropolitan Transportation Commission for its Transit Capital Priorities (TCP) Program for Federal FY 2016, FY 2017, and FY 2018, including Federal Transit Administration Sections 49 USC 5307 and 5339; Surface Transportation Program; and Assembly Bill 664 Net Bridge Toll Funds (Staff Report 15-163). CLOSED SESSION/REPORT OUT General Counsel Denise Standridge reported on the following:
NO REPORT GIVEN
MOTION: PEEPLES/WALLACE to approve settlement in the amount of $200,000 in the matter of Linda Goins v. AC Transit, WCAB Case No. ADJ 867664. The motion carried by the following vote: AYES:7: Peeples, Wallace, Harper, Williams, Davis, Ortiz, Peeples SA.
Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a))
Linda Goins v. AC Transit, WCAB Case No. ADJ 867664 McClendon v. AC Transit, ACSC Case No. RG13687863, Claim No. 12-2226
8B.
Conference with Legal Counsel- Potential Litigation (Government Code Section 54956.9(b)) (Two Cases)
sc.
Public Employee Employment (Government Code Section 54957(b)(l) Title: General Manager
Alameda-Contra Costa Transit District
June 24, 2015 19
Page 9 of 11
SD.
Conference with labor Negotiators (Government Code Section 54957.6): Negotiators: H.E. Christian Peeples, Board President and Gregg Moser of Krauthamer & Associates Unrepresented Employees: General Manager
SE.
Conference with labor Negotiators (Government Code Section 54957.6): Agency Designated Representative: Interim General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees
SF.
Public Employee Performance Evaluation (Government Code Section 54957) Title: Interim General Manager, General Counsel, District Secretary
9.
AGENDA PLANNING Referred to Board of Directors
Director Williams asked the Board to consider authorizing the use of the District logo and sponsorship of advertising for the organization known as PINCC (Prevention International No Cervical Cancer) for their 7th Annual Walk for Women in Africa on September 19, 2015 at Lake Merritt in Oakland. Referred to the Planning Committee
Director Ortiz requested a report on ridership numbers for Transbay service given complaints about capacity problems. Director Ortiz requested a report on whether we are required under Title VI to provide detour signs in other languages and whether it is a good practice.
10.
INFORMATION
GENERAL MANAGER'S REPORT
The revised General Manager's report is attached as Exhibit A and is incorporated into the minutes by reference. 11.
ONLY
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 6:27 p.m. The next meeting of the ! Board of Directors is scheduled for Wednesday, July 8, 2015 at 5:00
I p.m.
Alameda-Contra Costa Transit District
June 24, 2015
20
Page 10 of 11
Respectfully submitted,
~J}oDistrict Secretary
Alameda-Contra Costa Transit District
June 24, 2015 21
Page 11 of 11
