12 09 15 Board Minutes

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BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES Regular Meetings of the Board of Directors and the Planning, Operations, External Affairs and Finance and Audit Committees AC Transit General Offices 2"d Floor Board Room 1600 Franklin Street Oakland, CA 94612 Wednesday, December 9, 2015 at 5:00 p.m. Closed Session: 4:30p.m. (Items 7A-7D) 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) MARl< WILLIAMS (WARD 4) JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARG E) Teleconference: Vice President Elsa Ortiz, Ward 3 Transversal 18A, #96-30. Apartment 302 Bogota, Colombia BOARD OFFICERS MICHAEL A. HURSH, GENERAL MANAGER DENISE C. STANDRIDGE, GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

Alameda-Contra Costa 1rans it District

December 9, 2015

Page 1 of 18

BOARD OF DIRECTORS MEETING- H. E. Christian Peeples, President Wednesday, December 9, 2015 at 5:00 p.m.

ACTION SUMMARY

The Alameda-Contra Costa Transit District Board of Directors held a , f , regular meeting on Wednesday, December 9, 2015. ' ' i I I Prior to the start of the meeting, General Counsel Denise Standridge I confirmed that all requirements of the Ralph M. Brown Act (Govt.l Code Sections 54950, et seq.) and the provisions of Board Policy 100, j Section 4.8 regarding teleconferenced meetings were met in order for i Vice President Ortiz to participate in the meeting and advised that all 1 i votes must be taken by roll call vote. {An affidavit verifying that the

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I teleconference location was accessible to persons with disabilities and i I that the agenda was posted at the teleconference location at least 72 1

I hours prior to the start of the first meeting is attached as Exhibit A.] I ! The meeting was called to order at 4:35 p.m. for the purpose of I

Closed Session. All Board members were present except Directors I Davis (arrived at 4:38 p.m.) and Director Young. The District Secretary i announced that the Board would convene in Closed Session to discuss ! Items 7A-D as listed on the agenda. Closed Session recessed at 5:09 I p.m.

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I President Peeples called the Board of Directors meeting to order at 1

! 5:13p.m.

I ROLL CALL

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' 1 Present: Wallace, Harper, Williams, Davis, Young (arrived at 5:39 I p.m.), Ortiz, Peeples

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I PUBLIC COMMENT 1

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Jane Kramer commented on transparency and accountability with regard to routing policy. She held that the Board takes an irrational, confusing approach to decisions on how to best serve the public. She cited examples from the Service Expansion Plan including the segmenting of routes which cause delays and expense to the rider, and the removal of stops on long routes. She suggested that the Board make more rational decisions based on comprehensive, reliable data and public benefit. Clarence Fischer, on behalf of R. Elizabeth Erickson, felt that while AC Transit receives high marks for providing service to seniors and the disabled, it should receive low marks for not providing these communities with printed schedules and outreach materials since many seniors and disabled persons do not have access to, or cannot use a computer. (Submitted letter) Geoffrey Johnson, TransForm, expressed his gratitude and admiration for Mary King's life of public service, especially in

Alameda-Contra Costa Transit District

December 91 2015

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support of transit. He presented a letter to the Board asking that a memorial be established for her, such as naming a Bus Rapid Transit station in her honor, or possibly a memorial at a transit center such as Eastmont. (Submitted letter) Jerry Grace commented on Mary King's public service to the community and in support of transit. He asked that the Board adjourn their meeting in memory of her.

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I CONSENT CALENDAR i MOTION:

RECEIVED/ APPROVED AS INDICATED

WALLACE/WILLIAMS to receive or approve the Consent The motion carried by the following vote:

i Calendar as indicated.

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! AYES:6: Wallace, Williams, Harper, Davis, Ortiz, Peeples

i ABSENT:!: Young 3A.I Consider approving Board of Directors and Standing Committee [ minutes of October 14, 2015. (Special meeting)

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3B.I Consider approving Board of Directors and Standing C~m•too; i minutes of November 11, 2015. (Special meeting)

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3C.\ Consider approving Board of Directors and Standing Committee i minutes of November 11, 2015. (Regular meeting)

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3D.I Consider receiving Semi-Annual Retirement Board Report (Report 151286}. 3E.I Consider receiving Retirement Board minutes of October 21, 2015 ! (Report 15-287}. 3F

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·II Consider

authorizing members of the Board of Directors and the I General Manager to attend the American Public Transportation \ Association's 2016 Legislative Conference in Washington D.C. on March 13-15, 2016 (Report 15-288}.

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I REGULAR CALENDAR I

4A. i Consider receiving an update on the Service Expansion Plan (SEP) approval process, the associated Title VI service equity process and I implementation plan (Report 15-218b} [A decision on the SEP is ! anticipated in January 2016}.

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I Director of Service Development I' presented the staff report.

RECEIVED

and Planning Robert del Rosario

I Members of the Board inquired about the planning process for the line 1

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flex service pilot, equipment and maintenance needs for flex

Alameda-Contra Costa Transit District

December 9, 2015

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i service, the appearance that Measure BB money is being used for line ! 72 improvements, and the proposed Alameda alternatives.

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I Vice President Ortiz was concerned with the appearance that Alameda I County Measure I on line 72 (72,

BB funds were being used for service improvements 72R, 72M) in West Contra Costa County. Mr. del I Rosario clarified that all West County proposals were dependent on Contra Costa for funding, and the public hearing documents stated that there was no money for improvements at this time.

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i With regard to the three Alameda alternatives, Mr. del Rosario advised 1

that staff was looking to keep two on the table subject to available funding. The preferred recommendation was the Buena Vista alternative; however, if funds could not be identified, Encinal would be I the fallback alternative. He added that Alameda staff needed to be I clear that the message they convey is representative of the city, 1 including the City Council. 1

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I Director Wallace requested that staff make presentations to the cities 1

of Richmond and San Pablo as well as WCCTAC when service

i improvements are proposed in Ward 1.

I I MOTION: WILLIAMS/WALLACE to

receive the update on the Service approval process, the associated Title VI service equity ! process and implementation plan. The motion carried by the following I vote:

I Expansion Plan

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I AYES:6: Williams, Wallace, Harper, Davis, Ortiz, Peeples j

ABSENT:l: Young

! 4B.I Consider authorizing the General Manager to execute a Memorandum of Understanding (MOU) with the Alameda County I Public Works Agency (ACPW) to provide pass-through funding for the I Ashland and Cherryland Transit Access Improvements Project and I waive the two percent administrative charge in lieu of ACPW's funding contribution to the District's South County Corridor line 97 I Project (Report 14-ZSSe).

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APPROVED

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i Senior Capital Planning Specialist laramie Bowron

presented the staff

I report.

Vice President Ortiz advised that she would not support the staff recommendation because she felt there was not a nexus between the line 97 Project and the County's Ashland and Cherryland Transit Access Improvements Project, which actually benefits line 99.

Alameda-Contra Costa Transit District

December 9, 2015

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' MOTION: DAVIS/WILLIAMS to authorize the General Manager to l I execute a Memorandum of Understanding {MOU) with the Alameda I ! County Public Works Agency (ACPW) to provide pass-through funding i for the Ashland and Cherryland Transit Access Improvements Project I I and waive the two percent administrative charge in lieu of ACPW's I funding contribution to the District's South County Corridor Line 971 I Project. The motion carried by the following vote: I

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I AYES:S: Davis, Williams, Harper, Young, Peeples ·1

NOES:l: Ortiz ABSTAIN:l: Wallace

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4C.j Consider authorizing the General Manager to award a contract to 1 Brannon Tire, Inc. for the Tire Mileage and Leasing Program (Report 1 115-113a). 1 i I I There was no presentation of the staff report.

APPROVED

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I MOTION:

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WALLACE/YOUNG to authorize the General Manager to award a contract to Brannon Tire, Inc. for the Tire Mileage and Leasing 'j Program. The motion carried by the following vote:

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

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4D.I Consider authorizing the General Manager to execute a contact ,. amendment with Kimley-Horn and Associates Inc. increasing the 1 1 contract value by $67,700 to provide design consultant services for 1 the Line 51 Corridor Delay Reduction & Sustainability Project (Report ! I 12-297g). i

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I Traffic Engineer Wil Buller presented the staff report.

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MOTION: WALLACE/WILLIAMS to authorize the General Manager to execute a contact amendment with Kimley-Horn and Associates Inc. increasing the contract value by $67,700 to provide design consultant services for the Line 51 Corridor Delay Reduction & Sustainability , Project. The motion carried by the following vote:

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APPROVED

II AYES:7: Wallace, Williams, Harper, Davis, Young, Ortiz, Peeples 4E. Consider authorizing the General Manager to execute a contract amendment with URS, increasing the contract value to provide construction management consultant services for the Line 51 Corridor Delay Reduction & Sustainability Project (Report 12-297h).

APPROVED

Traffic Engineer Wil Buller presented the staff report.

Alameda-Contra Costa Transit District

December 9, 2015

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Vice President Ortiz expressed concern that the contract was being amended after the work had been completed thereby making the Board's action a ratification.

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MOTION: DAVIS/WALLACE to authorize the General Manager execute a contract amendment with URS, increasing the contract value to provide construction management consultant services for the Line 51 Corridor Delay Reduction & Sustainability Project. The motion · carried by the following vote: AYES:S: Davis, Wallace, Harper, Young, Peeples NOES:l: Ortiz ABSENT:l: Williams (out of seat)

4F. Consider adopting the 2016 regular Board meeting schedule taking APPROVED WITH into consideration the District's holiday schedule and any additional 1 MODIFICATIONS days requested by Directors to be included in the holiday schedule I (Report 1S-290). District Secretary Linda Nemeroff presented the staff report. Director Davis requested that the Board consider October 12, 2016 a holiday for Yom Kippur. Options for rescheduling the meeting were discussed. MOTION: PEEPLES/DAVIS to adopt the 2016 regular Board meeting schedule amended to vacate the regular meeting scheduled for October 12, 2016. A determination to cancel the meeting or reschedule to a different date will occur in June or July of 2016. The motion carried by the following vote: AYES:7: Peeples, Davis, Wallace, Harper, Williams, Young, Ortiz 4G. Announcement of appointments to the Nominating Committee for the selection of President and Vice President for 2016 (Verbal).

APPOINTMENTS ANNOUNCED

President Peeples announced the appointment of Director Wallace (Chair), Director Young, and Vice President Ortiz to the Nominating Committee. RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 5:S9 p.m.

ALL COMMITTEES ARE ADVISORY ONLY.

Alameda-Contra Costa Transit District

December 9, 2015

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A.

I PLANNING COMMITIEE- Greg Harper, Chairperson I The Planning Committee convened at 5:59 p.m.

I members were present.

All Committee

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ACTION SUMMARY

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A-1. Public Comment (for items not on the agenda) I There was no public comment offered. 1

A-2.

Briefing/Action Items:

I Consider recommending approval to waive the two hearing I I requirement and set a public hearing on February 18, 2016 at 5:00 1

RECOMMEND APPROVAL

p.m. at El Cerrito City Hall regarding service on new streets in El Cerrito for Lines 667, 668, and 675 and the related environmental document; and authorize staff to conduct the public hearing absent of the Board and report back to the Board (Report 15-303). Senior Transportation Planner Sean DiestLorgion presented the staff report.

! MOTION: WALLACE/WILLIAMS to forward to the Consent Calendar Addenda recommending approval as presented, but with a hearing i time of 6:00 p.m. The motion carried by the following vote: j

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

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i Consider recommending receipt of report on routine service changes 1 scheduled for implementation on December 20, 2015 in conjunction 1 with the Winter Sign-up (Report 15-309). '

RECOMMEND RECEIPT

Director of Service Development and Planning Robert del Rosario , presented the staff report.

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MOTION: PEEPLES/WALLACE to forward to the Consent Calendar Addenda recommending receipt. The motion carried by the following vote: AYES:7: Peeples, Wallace, Ortiz, Williams, Davis, Young, Harper

I The Planning Committee adjourned at 6:06p.m. B.

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OPERATIONS COMMITIEE- Joe Wallace, Chairperson The Operations Committee convened at 6:06 p.m. All Com'!littee members were present.

ACTION SUMMARY

B-1. Public Comment (for items not on the agenda) Yvonne Williams, President of ATU Local 192, requested that the upcoming service changes include enough service to Division 6 so operators can get from the division to their relief points. She also Alameda-Contra Costa Transit District

December 9, 2015

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requested that air conditioned buses be distributed equitably throughout the property so that everyone can be comfortable. Briefing/Action Items: B-2.

RECOMMEND APPROVAL

Consider recommending that the General Manager be authorized to execute an amendment to the STV Inc. contract to provide architectural and engineering services for the Operations Control Center (OCC) Relocation Project (Report 14·107d}. Senior Project Manager Craig Michels presented the staff report.

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MOTION: WILLIAMS/PEEPLES to forward to the Consent Calendar I Addenda recommending approval. The motion carried by the following vote: AYES:7: Williams, Peeples, Harper, Ortiz, Davis, Young, Wallace B-3.

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Consider recommending adoption of Resolution No. 15·0531 authorizing the General Manager to execute an amendment to the Project Labor Agreement for the Bus Rapid Transit Project and direct the General Counsel to make the necessary policy amendments (Report 15-304}.

RECOMMEND ADOPTION

Contracts Compliance Administrator Phillip McCants presented the staff report. Public Comment: Christina Garrett, Alameda County Building Trades Council, spoke in support of the amendment, saying it would enable them to pull people from Oakland and San Leandro directly into local jobs. MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar Addenda recommending adoption. The motion carried by the following vote: AYES:7: Peeples, Williams, Harper, Ortiz, Davis, Young, Wallace B-4.

Consider recommending adoption of Resolution No. 15-052 authorizing the .General Manager, or his designee, to execute a Transfer of Ownership Agreement with the San Mateo County Transit District for the transfer of sixteen buses for the Dumbarton Express bus service (Repqrt 15-308}.

RECOMMEND ADOPTION

[A Revised Resolution No. 15-052 was presented at the meeting for the Board's consideration.]

Alameda-Contra Costa Transit District

December 9, 2015

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[ Dumbarton Express Administrator Howard Der presented the staff , report.

I I Public Comment: I Yvonne

Williams, President of ATU local 192, advised that when the ! current contract for operation of the service expires in 2016, ATU intends to request a competitive bidding process so that AC Transit can I' bid on the service. She reminded the Board that the District ! administers the project and serves as purchasing agent for equipment so ATU operators should have the opportunity to deliver the service.

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I Ii MOTION:

PEEPLES/WILLIAMS to forward to the Consent Calendar l Addenda recommending adoption. The motion carried by the following vote:

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

i The Operations Committee adjourned at 6:24 p.m.

Vice President

i Ortiz left the meeting.

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EXTERNAL AFFAIRS COMMITTEE- Mark Williams, Chairperson \ The External Affairs Committee convened at 6:24 p.m. All Committee I 1 members were present with the exception of Vice President Ortiz. I

ACTION SUMMARY

C-1.[ Public Comment (for items not on the agenda) There was no public comment offered.

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C-2.

I Briefing/Action Items: I I Consider recommending receipt of the monthly legislative report and !

Iapproval of legislative positions (Report 15-292).

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RECOMMEND RECEIPT

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[A memo from Van Scoyoc and Associates summarizing the transit provisions of the FAST Act was presented at the meeting for the Board's 1 1 information.] \

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I Director of legislative Affairs and Community Relations Beverly Greene ! I presented the staff report, focusing her remarks on the provisions of I I the Fixing America's Surface Transportation (FAST) Act signed into law I I by President Obama on Friday. i I i

I Ms. Greene addressed questions from Board members regarding low I I and

no emission vehicle funding, the District's experience with I i competitive grants, and funding for the Division 3 Rehabilitation [

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Project. General Manager Hursh addressed questions from President Peeples regarding the impact of increasing Buy America requirements to 70%

Alameda-Contra Costa Transit District

December 9, 2015

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I and funding for coordination I disabilities.

of regional transit for individuals with

I MOTION:

PEEPLES/WALLACE to forward to the Consent Calendar 1' Addenda recommending receipt. The motion carried by the following 1 vote:

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AYES:6: Peeples, Wallace, Harper, Davis, Young, Williams

! ABSENT:l: Ortiz

I Consider recommending approval of the District's Federal and State

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CONTINUED TO NEXT BOARD OF DIRECTORS MEETING

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i Advocacy Programs for 2016 (Report 15-293). ii

Director of legislative Affairs and Community Relations Beverly Greene ! presented the staff report. 1

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1 I I The Committee discussed amendments to the State Advocacy Program I I

I including, legislation to allow headsign cameras on buses for ticketing

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vehicles parked illegally in bus stops; the effort to reduce tort damages arising from onboard accidents where drivers are not at fault; and an 1 amendment to PEPRA regarding agency reciprocity. Also proposed I 1 were amendments to the Federal Advocacy Program to eliminate the ! Affordable Care Act's Cadillac tax or seek exempt status for transit workers.

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I Public Comment: I • Jerry Grace commented I

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on vehicles such as delivery trucks parked

in bus stops. Jane Kramer commented that if there were a code of conduct for drivers and riders that everyone adhered to, it might alleviate onboard accidents.

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I, I I MOTION: PEEPLES/WALLACE to forward to the next Board of Directors I I meeting for further consideration of the proposed amendments to I i State and Federal Advocacy Programs as discussed by the Committee. I I The motion carried by the following vote: i I AYES:6: Peeples, Wallace, Harper, Davis, Young, Williams I

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i ABSENT:l: Ortiz I

! The External Affairs Committee adjourned at 6:54 p.m. D.

FINANCE AND AUDIT COMMITTEE- Jeff Davis, Chairperson i The Finance and Audit Committee convened at 6:54 p.m. All I Committee members were present with the exception of Vice President Ortiz who was absent. j

ACTION SUMMARY

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Alameda-Contra Costa Transit District

December 9, 2015

Page 10 of18

D-1.1 Public Comment (for items not on the agenda) i There was no public comment offered.

I Consent Items:

RECOMMEND RECEIPTOR ADOPTION AS INDICATED

I MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar I Addenda recommending receipt or approval as indicated. The motion I

I carried by the following vote:

AYES:6: Peeples, Williams, Wallace, Harper, Young, Davis I ABSENT:l: Ortiz 1

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D-2.1 Consider recommending receipt of the FY 2015-16 First Quarter i Employee and Non-Employee Out-of-State Travel Report (Report ! 271). '

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D-3.

! Consider

recommending receipt of the Monthly Report !Investments for the Month of October 2015 (Report 15-294).

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D-4.

Consider recommending receipt of the Budget Update for the initial ! four months of FY 2015-16 (Report 15-295).

D-5.

I Consider

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recommending adoption of Resolution No. 15-049 authorizing the General Manager or his designee to file and execute , applications and funding agreements with the California Governor's I Office of Emergency Services (CalCES) for allocations of Transit i System Safety, Security & Disaster Response Account (TSSSDRA) I Funds for FY 2015-16 for the Transbay Transit Center (Report 15-302).

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I Briefing/Action Items: I

RECOMMEND RECEIPT

D-6. I Consider recommending receipt of report from the District's Parcel II Tax Fiscal Oversight Committee on FY 2014-15 Measure VV Tax 1 Proceeds for the Year Ended June 30, 2015 (Report 15-296).

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Interim Chief Financial Officer Jim Pachan presented the staff report.

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Director Harper noted his repeated requests over the years for a change in the procedure used to review Measure VV funds. He felt that I I his request had not been taken seriously and, as a result, could not I lend his support to a ballot measure to extend Measure VV in 2016.

I While generally supportive, President Peeples pointed out that the I alternative procedure proposed by Director Harper had not been I

debated by the Board, nor had the Board received an analysis from 1' staff, the auditors, or legal department. He added that the existing 1 procedure was the approved procedure and needed to be followed i 1 !' until the Board determined otherwise. He suggested that Director I' Alameda-Contra Costa Transit District

December 9, 2015

Page 11 of 18

' Harper agendize the matter under agenda

planning. Chair Davis added i that he would like to see the new procedure fully vetted. 'I

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! MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar

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J Addenda recommending receipt. The motion carried by the following I ! vote:

I AYES:S: Peeples, Williams, Wallace, Young, Davis I NOES:l: Harper ! ABSENT:l: Ortiz

I Consider recommending that the General Manager, or his designee,

D-7.1

CONTINUED TO i be authorized to respond to the U.S. Department of Labor's (DOL) i SPECIAL BOARD ! conditional certification terms and accept award of the District's 'I OF DIRECTORS I Federal Transit Administration grants (Report 15-ZZOa). ! MEETING

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General Counsel Denise Standridge presented the staff report advising I that the District's 13(c) counsel recommended that the letter be sent to the DOL to protect the rights of the District. She further reported that the letter was opposed by ATU Local192 and AFSME 3916.

Discussion ensued regarding the letter and 1) whether it could be amended to reflect that the District would not implement PEPRA until the court case was resolved; and 2} whether or not the letter was , 1 I necessary. I

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I Director

Harper argued that it was risky for the District to wait to I implement PEPRA, citing the uncertainty of making PEPRA retroactive J once it is upheld as a real problem for employees. He advocated for ! II paying into the pension plan at the Tier 11evel for every employee until 1 1the issue is resolved, which would cost the District nothing if the DOL I litigation was upheld. J

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Standridge reported that CaiPERS is treating employees hired between January 1, 2013 to December 30, 2014 as gap employees subject to the old plan, and effective December 31, 2014, the employees would be in PEPRA. She advised that AC Transit could do something similar, but it would have to be negotiated.

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I President Peeples was concerned with what new employees are told with respect to PEPRA, noting that new employees need to be told that they may be in the PEPRA plan but that it would depend on the outcome of litigation. Ms. Standridge reported that she was working with pension counsel to draft a notice to employees.

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l1n response to questions on whether the letter was necessary and what would happen if the District did not get the federal money, Ms. 1 J

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December 9, 2015

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[ Standridge advised that the letter was necessary to preserve the I ! District's rights in case of litigation over the conditions imposed by the DOL. General Manager Michael Hursh responded that the loss of $50 1 million would be felt immediately and would mean no new buses, a j I halt to the capital program, and would impact operations. J

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I Public Comment:

, ! Kate Hallward, attorney for ATU Locai192/AFSCME District Council 57, noted the unions' support for the District's receipt of the money and held that the DOL's conditions had already gone into effect (the FTA's ! July 8, 2015 certification letter was distributed). She added that a , number of agencies had accepted their money without filing letters of I, complaint and if the District were to implement PEPRA over the union's objection while litigation was pending as to whether PEPRA could be [ 1 reconciled with collective bargaining rights, it would be in conflict with • . I the District's enabling statute and contractual obligations. She added 1 that the letter would set forth an unnecessary adversarial position with 'I the unions and encouraged the District to work with the DOL rather than position itself as a litigant against it and the unions. I

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I i MOTION:

PEEPLES/HARPER to forward to the Consent Calendar J Addenda recommending approval of the staff report and sending of 1 the letter as attached to the staff report. Director Harper added that 1 any decision not to implement PEPRA is a policy decision that had not I been agendized and constituted a promise that would bind the District unnecessarily. The motion failed by the following vote:

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[ AYES:3: Peeples, Harper, Davis I NOES:3: Wallace, Williams, Young I ABSENT:l: Ortiz

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Director Young asked if the union had provided alternative language. I I Ms. Standridge advised that there was no alternative proposal from the I unions, only an objection to the letter. She added that, if directed, she , could meet with the unions to seek alternative language. I' I' I' I Ms. Hallward requested that the District accept the grant monies as-is. ! President Peeples commented that no other agencies have done this. Ms. Hallward noted a few of the agencies that had not responded to the DOL, as well as some that had sent letters after the deadline for I final formal objections, and those that had bypassed unions.

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I I Further discussion was had as to the deadline to submit the letter. I General Manager Michael Hursh advised that the District had another J

two to three weeks in which it could meet with the unions.

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December 9, 2015

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i President

Peeples wanted someone to think through what would happen if a provision that we would not implement PEPRA until the !litigation is over was put in the letter. Also in need of discussion with i the unions is what happens with the gap employees.

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Director Wallace asked what would happen if the District took the Ms. Standridge advised that AC Transit would be bound by the conditions of the DOL's letter, meaning the District would either return the grant money or restore employees back to pre-PEPRA status.

I, money and did not send the letter. 1

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Hallward added that when PEPRA was enacted, there was no analysis of 13 (c) implications and, had there been, there would have I been an exemption for transit workers. President Peeples disagreed, I noting that other employee unions would not have allowed it.

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I Director

Harper felt that since the District was contributing to the pension plan at the Tier 11evel, there would be zero cost to the District 1 1 if it had to meet the DOL's 13 (c) requirements. He objected to making ! a promise that does not need to be made and is not agendized, noting 1 1 that all the letter was intended to do is preserve the rights of the j District. ,

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i The motion failed by the following vote: i

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!I AYES:2: Wallace, Williams

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' J ABSTAIN:1: Yo~ng

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I MOTION: WALLACE/WILLIAMS to accept the money without the letter.~·

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1 NOES:3: Harper, Peeples, Davis

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1 ABSENT:1: Ort1z

! i President Peeples advised that he could call a special meeting to have i the

General Counsel talk to the Board about the impact of having a statement in the letter that we won't implement PEPRA until the ! litigation is over. He also wanted to know how this would impact gap ! employees and wanted advice from 13 (c) and pension counsel.

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I A special

Board of Directors meeting was tentatively called for 1:00 ! p.m. on December 23, 2016.

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j Director Young asked that the District and unions come to a resolution

1 that would be acceptable to everyone, noting that he would like to see ! a joint letter.

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! The Finance and Audit Committee adjourned at 7:52 p.m.

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December 9, 2015

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I RECONVENE BOARD OF DIRECTORS MEETING

ACTION SUMMARY

I H. E. Christian Peeples, President I The 1

5.

Board of Directors meeting reconvened at 7:52 p.m. Director Ortiz was absent.

I I District Secretary Linda Nemeroff reported that all of the items from I

I REPORTS OF STANDING COMMITTEES

REPORT GIVEN

the Planning, Operations, External Affairs and Finance and Audit Committee meetings were referred to the Consent Calendar Addenda I recommending receipt, approval or adoption as presented with the 1 i following modifications/exceptions: J

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Item A-2.- The Public Hearing time was changed to 6:00p.m.; 1 • Item C-3 - The state and federal advocacy programs were forwarded to the next Board of Directors meeting for further consideration; and 1 ' I • Item D-7 - Retained in Committee pending further discussion and/or action at a Special Board of Directors meeting on December 23, 2015. ,,'!

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I CONSENT CALENDAR ADDENDA

RECEIVED, APPROVED OR ADOPTED AS INDICATED

I MOTION: WALLACE/WILLIAMS to

receive, approve or adopt the items i referred to the Consent Calendar Addenda as indicated, with the ! following modifications/exceptions: • Item A-2. -The Public Hearing time was changed to 6:00 p.m.; • Item C-3 - The state and federal advocacy programs were forwarded to the next Board of Directors meeting for further consideration; and • Item D-7 - Retained in Committee pending further discussion ! and/or action at a Special Board of Directors meeting on December 23, 2015. 1

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! The motion carried by the following vote:

Ii AYES:6: Wallace, Williams, Harper, Davis, Young, Peeples ! NOES:l: Harper (Item D-6 only) !

I ABSENT:1: Ortiz I The items brought before the Board were as follows: A. PLANNING COMMITTEE: I 1 A-2. Consider approving a waiver of the two hearing requirement and set a I public hearing on February 18, 2016 at 5:00 p.m. at El Cerrito City Hall 1 regarding service on new streets in El Cerrito for Lines 667, 668, and i 675 and the related environmental document; and authorize staff to I conduct the public hearing absent of the Board and report back to the 1 Board (Report 15-303). i

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December 9, 2015

Page 15 of 18

I Consider

A-3.

receiving report on routine service changes scheduled for implementation on December 20, 2015 in conjunction with the Winter Sign-up (Report 15-309).

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B. OPERATIONS COMMITTEE: B-2.

Consider authorizing the General Manager to execute an amendment to the STV Inc. contract to provide architectural and engineering I services for the Operations Control Center (OCC) Relocation Project (Report 14-107d). B-3. Consider adoption of Resolution No. 15-053 authorizing the General 1 Manager to execute an amendment to the Project Labor Agreement II for the Bus Rapid Transit Project and direct the General Counsel to ! make the necessary policy amendments (Report 15-304). B-4. ' Consider adoption of Resolution No. 15-052 authorizing the General 1 Manager, or his designee, to execute a Transfer of Ownership 1 Agreement with the San Mateo County Transit District for the transfer , of sixteen buses for the Dumbarton Express bus service (Report 151

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308). 1

c. I EXTERNAL AFFAIRS COMMITTEE: C-2. C-3.

I Consider receiving the monthly legislative report (Report 15-292).

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Consider approving the District's Federal and State Advocacy Programs 1 1 I for 2016 (Report 15-293). ;

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D. D-2.

FINANCE AND AUDIT COMMITTEE:

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Consider receiving the FY 2015-16 First Quarter Employee and Non- I · Employee Out-of-State Travel Report (Report 15-271). D-3. Consider receiving the Monthly Report on Investments for the Month [ of October 2015 (Report 15-294). 1 D-4. ! Consider receiving the Budget Update for the initial four months of FY , I 2015-16 (Report 15-295). 1 D-5.[ Consider adoption of Resolution No. 15-049 authorizing the General I' 1 Manager or his designee to file and execute applications and funding I agre~ments with the Cali~ornia Gover~or's Office of Emer~ency 1 Serv1ces (CaiOES) for allocations of Transit System Safety, Secunty & 1 I I Disaster Response Account (TSSSDRA) Funds for FY 2015-16 for the 1 I Transbay Transit Center (Report 15-302}. ' 1 D-6. ! Consider receiving report from the District's Parcel Tax Fiscal Oversight ! I Committee on FY 2014-15 Measure W Tax Proceeds for the Year I' 1 Ended June 30, 2015 (Report 15-296}. ' D-7. [ Consider recommending that the General Manager, or his designee, be ! authorized to respond to the U.S. Department of Labor's conditional I j certification terms and accept award of the District's Federal Transit [' Administration grants (Report 15-220a). , 1

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iI Alameda-Contra Costa Transit District

December 9, 2015

Page 16 of 18

7.

I CLOSED SESSION/REPORT OUT

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At 8:13 p.m., President Peeples announced that the meeting would be in recess until closed session reconvenes immediately following the Financing Corporation meeting. Closed Session convened at 8:16 p.m. and concluded at 8:18p.m.

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REPORT GIVEN

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There was nothing to report out of Closed Session. 7A.

Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9 (a))

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Archuleta v. AC Transit eta/., ACSC Case No. RG15753823, Claim# 14-2274.

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i Quarterly Litigation Report • • •

Newton v. AC Transit, ACSC No. RG13-667254; Thompson v. AC Transit, ACSC No. RG14-720814; Malone v. AC Transit, ACSC No. RG14-720784; I • Turnerv. ACTransit, ACSC No. RG14-730788; • Jones v. AC Transit, ACSC No. RG15-772831; • Reese v. AC Transit, eta/., ACSC No. RG15-769986; • Forest Ambulatory Surgical Associates, L.P., eta/. v. United Healthcare Insurance UnitedHealth Group, Inc., eta/., U.S. Dist. Ct. (Central District), No. C12-02916 PSGI FFM; Freeman v. AC Transit, ACSC No. RG13-683635; 1 Successor Agency to the Redevelopment Agency of the City of Berkeley, eta/. v. • Michael Cohen, eta/., No. 34-2013-80001505; • El Cerrito Redevelopment Agency, eta/. v. Michael Cohen, eta/., No. 34-2013- i 80001671; City of San Leandro, eta/. v. Michael Cohen, eta/., No. 34-2013-80001708; I • City of Pinole, eta/. v. Michael Cohen, eta/., No. 34-2013-80001692; ! Cloud, eta/. v. AC Transit, ACSC No. RG14-744787; Harris v. AC Transit, ACSC No. RG15-772148; and , Claims of Urban (14-3666), Riley (14-4281), Page (15-2017), Allen (15-2109), and

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sese

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Chiu (14-0577).

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II Conference with .Legal Counsel - Potential Litigation I (Government Code Section 54956.9(b)) (Three Cases) ·

7C.

Conference with ·Labor Negotiators 1

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(Government Code Section 54957.6): Agency Designated Representative: General Manager Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Emplpyees

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i Public Employee,Performance Evaluation

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I Title: General Mana~er, General Counsel, District Secretary 8.

I AGENDA PLANNING

I Referred to the Finance and Audit Committee j

Director Harper requested to agendize as soon as possible a review of

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December 9, 2015

Page 17 of 18

his alternative method for evaluating whether Measure VV funds were expended appropriately. (President Peeples concurred)

Referred to External Affairs President Peeples asked staff to provide a report regarding the request from TransForm for a memorial for Mary King. (Director Davis concurred)

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President Peeples requested that John McPartland be invited to provide a NIIMs course ICS 402 to the Board and other local elected officials. (Director Davis concurred)

9.

GENERAL MANAGER'S REPORT The General Manager's report is incorporated into the file by reference as Staff Report 15-310.

10.

BOARD/STAFF COMMENTS Members of the Board commented on meetings and events attended since the last meeting.

11.

INFORMATION ONLY

I ADJOURNMENT There being no further business to come before the Board of Directors, the meeting was adjourned at 8:18 p.m. in memory of Mary King, former member of the Alameda County Board of Supervisors and Interim General Manager of AC Transit. President Peeples acknowledged Ms. King's many accomplishments and her tireless dedication to public service. The next meeting of the Board of Directors is scheduled for Wednesday, January 13, 2016 at 5:00p.m.

Respectfully submitted,

A lameda-Contra Costa Transit Dist rict

December 9, 2015

Page 18 of 18