BOARD OF DIRECTORS ALAMEDA‐CONTRA COSTA TRANSIT DISTRICT
AGENDA
Regular Meetings of the Board of Directors and the Planning, Operations, External Affairs and Finance and Audit Committees AC Transit General Offices 2nd Floor Board Room 1600 Franklin Street Oakland, CA 94612
Wednesday, December 12, 2012 at 5:00 p.m. Closed Session: 4:00 p.m. (12A‐E) Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole
MEMBERS OF THE BOARD OF DIRECTORS ELSA ORTIZ, PRESIDENT (WARD 3) JOE WALLACE, VICE PRESIDENT (WARD 1) GREG HARPER (WARD 2) 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 KENNETH C. SCHEIDIG, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY STANDING COMMITTEES MEETING DAYS* Planning Committee 2nd Wednesday Operations Committee 2nd Wednesday External Affairs Committee 4th Wednesday Finance and Audit Committee 4th Wednesday * All Standing Committees are held in conjunction with the regular Board of Directors meeting, To access live and archived audio of Board of Directors and Standing Committee meetings as well as agendas, staff reports, and the schedule of future meetings please visit www.actransit.org and click on “Board Meetings”. Dial (510) 891‐7200 to access agendas by telephone. For questions, contact the District Secretary’s Office at (510) 891‐7201. Alameda‐Contra Costa Transit District
December 12, 2012
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MEETING PROCEDURES
Public Comment: Members of the public wishing to present comments should complete a Speaker’s Form and submit it to the District Secretary. For subjects not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENTS" section of the agenda. For specific agenda item(s), speakers will be invited to address the Board/Standing Committee(s) at the time the item is being considered. All speakers are allowed two (2) minutes to present comments. Individuals wishing to present more detailed information are encouraged to submit comments in writing. Written comments are included in the record for meeting(s), and as such, are available for public inspection and may be posted to the District’s website.
Electronic Devices: All electronic devices (cell phones, pagers and similar‐sounding devices) shall be placed on mute, vibrate or silent mode during Board and Committee meetings pursuant to District Ordinance No. 12.
Time of Meetings: Times included on this agenda for commencement of Standing Committee meetings are estimates only. Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole.
Order of Agenda Items: The Board or Standing Committee(s) may discuss any item listed on this agenda and in any order.
Agenda Planning: The Agenda Planning portion of the agenda is designed to assist the Board and staff in the preparation of future Board and Committee agendas. Each item requested shall have the concurrence of at least two Directors in order to place a proposed agenda item on a future agenda.
LIVE AUDIO STREAMING OF BOARD AND COMMITTEE MEETINGS Live audio streaming and an archive of previously recorded meetings is available on the District’s website at www.actransit.org. For technological reasons, recordings of meetings held outside of the Board Room cannot be streamed to the web.
AVAILABILITY OF AGENDA RELATED MATERIALS
Written agenda related materials for all open session regular meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be available to the public at that time, or after the meeting if supplied by an outside party. Agenda related materials are available on the District’s website or by contacting the District Secretary’s Office.
ACCESSIBLE PUBLIC MEETINGS
Meetings of the Board of Directors are accessible to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a hearing impairment. Written materials in appropriate alternative formats, disability‐related modification/accommodation as well as sign language and foreign language interpreters must be made 72 hours in advance of the meeting or hearing to help ensure availability. Please direct requests for disability related modification or accommodation and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California, 94612 or call (510) 891‐7201. AC Transit’s General Offices are generally served by bus lines 1, 11, 12, 51A, 72, 72M. The nearest accessible bus service is provided at the intersection of Broadway and 17th Street in Oakland. The nearest accessible BART station is the 19th Street Station in Oakland. District Ordinance No. 13 prohibits bringing non‐service animals to District facilities unless specifically authorized by federal or state law. To accommodate individuals with severe allergies and environmental illnesses, meeting participants should refrain from wearing scented products to the meeting.
Alameda‐Contra Costa Transit District
December 12, 2012
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BOARD OF DIRECTORS MEETING – Elsa Ortiz, President Wednesday, December 12, 2012 at 5:00 p.m.
Staff Contact or Presenter
1.
ROLL CALL 2. ADMINISTRATION OF THE OATH OF OFFICE 2A. Consider receiving the Certificates of Election Results and the Official Linda Nemeroff 891‐7284 Canvass for Directors H. E. Christian Peeples, Joe Wallace, and Greg Harper (Report 12‐307). 2B. Administration of the Oath of Office to re‐elected members of the Board of Directors:
Joe Wallace, Ward 1 Greg Harper, Ward 2 H. E. Christian Peeples, At‐Large 3. PRESENTATION Update on Federal legislative activities. 4.
Steve Palmer, Van Scoyoc Associates
PUBLIC COMMENT Any person may directly address the Board at this time on any items of interest to the public that is within the subject matter and jurisdiction of the Board. Speakers wishing to address a specific agenda item will be invited to address the Board at the time the item is being considered. Two (2) minutes are allowed for each item.
5.
CONSENT CALENDAR
Items listed under the Consent Calendar are considered to be routine and may be enacted by one motion/one vote. If discussion is desired, an item may be removed from the Consent Calendar and will be considered individually.
5A. Consider approving Board of Directors and Board Officers Retreat minutes of October 31, 2012. 5B. Consider approving Board of Directors minutes of November 12, 2012 (special meeting). 5C. Consider approving Board of Directors/Accessibility Advisory Committee joint meeting minutes of November 14, 2012. 5D. Consider approving Board of Directors minutes of November 14, 2012 (special meeting). 5E. Consider approving Board of Directors and Standing Committee minutes of November 14, 2012. Alameda‐Contra Costa Transit District
December 12, 2012
Linda Nemeroff 891‐7284 Linda Nemeroff 891‐7284 Linda Nemeroff 891‐7284 Linda Nemeroff 891‐7284 Linda Nemeroff 891‐7284
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5F. Consider approving Board of Directors minutes of November 27, 2012 Linda Nemeroff 891‐7284 (special meeting). Jim Pachan 5G. Consider receiving Accessibility Advisory Committee minutes of 891‐7215 September 11, 2012 and October 9, 2012 (Report 12‐244). 5H. Consider receiving Retirement Board minutes of October 9, 2012 Hugo Wildmann 891‐4889 (Report 12‐246). 6. REGULAR CALENDAR Jim Pachan 6A. Consider receiving update on the implementation of suggestions 891‐7215 provided by the Accessibility Advisory Committee regarding the prototype bus (Report 12‐311). Jim Pachan 6B. Consider authorizing the issuance of a Request for Proposals to procure 891‐7215 up to twenty‐seven (27) 60‐foot diesel hybrid rapid transit buses (Report 12‐299). Jim Pachan 6C. Consider authorizing the General Manager to negotiate and execute 891‐7215 documents related to a piggyback arrangement for the procurement of up to sixty‐eight (68) 40‐foot Gillig transit buses for delivery in 2014 (Report 12‐318). 6D. Consider authorizing the recruitment of two public member positions Linda Nemeroff 891‐7284 and one non‐ATU position to the AC Transit Retirement Board and determine whether to limit applications to a specific geographical area (Report 12‐276). 6E. Consider cancellation of the Board Retreat scheduled for January 30, Linda Nemeroff 891‐7284 2013. (verbal) The Board of Directors may reconvene in Closed Session prior to the start of the Standing Committee meetings. RECESS TO STANDING COMMITTEES (as the Committee of the Whole) Speakers will be invited to address a Committee at the time an item on the agenda is being considered or under Public Comment for items not on the agenda. Immediately following the Standing Committee Meetings, the Board meeting will reconvene at which time the Board may take action on any of the following Committee agenda items.
ALL COMMITTEES ARE ADVISORY ONLY.
Alameda‐Contra Costa Transit District
December 12, 2012
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Staff Contact or Presenter(s)
A.
PLANNING COMMITTEE – H. E. Christian Peeples, Chairperson Held immediately following the Board Meeting recess.
Public Comment (for items not on the agenda)
Briefing/Action Items:
A‐1. Consider recommending receipt of report regarding the preliminary Draft Central and South County Service Restructuring Plan (Report 12‐ 306). A‐2. Consider recommending receipt of the Existing Conditions Report for the Inner East Bay Comprehensive Operations Analysis (Report 12‐ 291a). A‐3. Consider recommending receipt of the quarterly report on the District’s involvement in external planning processes (Report 12‐249). A‐4. Consider recommending receipt of the quarterly report on the Transbay Transit Center Project (Report 12‐248).
Jim Pachan 891‐7215
Jim Pachan 891‐7215
Dennis Butler 891‐4798 Jim Pachan 891‐7215
Staff Contact or Presenter(s)
B.
OPERATIONS COMMITTEE – Joel Young, Chairperson Held immediately following the Planning Committee meeting.
Public Comment (for items not on the agenda)
Briefing/Action Items:
B‐1. Consider recommending approval to award a contract to McKim Design Group of San Jose, California, for the design of the District‐wide Elevator Modernization Project (Report 12‐310). B‐2. Consider recommending that the Purchasing Department be authorized to issue a solicitation for real‐time bus arrival information system providers (Report 12‐309). B‐3. Consider recommending that the Purchasing Department be authorized to issue a solicitation for PeopleSoft hosting providers (Report 12‐295). B‐4. Consider recommending that the Purchasing Department be authorized to issue a solicitation for PeopleSoft support services (Report 12‐308). B‐5. Consider recommending receipt of a report on operator unavailability [Requested by Director Harper – 9/5/12] (Report 12‐287). Alameda‐Contra Costa Transit District
December 12, 2012
Dennis Butler 891‐4798
Dennis Butler 891‐4798
Tom O’Neill 891‐7278
Tom O’Neill 891‐7278
Jim Pachan 891‐7215
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Jim Pachan 891‐7215
B‐6. Consider recommending approval to release a Request for Proposals for the East Bay Paratransit Consortium (EBPC) Broker and Provider Services for Americans with Disabilities Act (ADA) mandated services (Report 12‐304). B‐7. Consider recommending receipt of a report on SB 863 – Workers’ Compensation Reform (Report 12‐265).
Kurt De Stigter 891‐4791
Staff Contact or Presenter(s)
C.
EXTERNAL AFFAIRS COMMITTEE – Joe Wallace, Chairperson Held immediately following the Operations Committee meeting.
Public Comment (for items not on the agenda)
Briefing/Action Items:
Dennis Butler 891‐4798
C‐1. Consider recommending approval of the District’s Federal and State Legislative Advocacy Programs for 2013 (Report 12‐253). C‐2. Consider recommending receipt of the monthly legislative report (Report 12‐300).
Dennis Butler 891‐4798
Staff Contact or Presenter(s)
D.
FINANCE AND AUDIT COMMITTEE – Greg Harper, Chairperson Held immediately following the External Affairs Committee meeting.
Public Comment (for items not on the agenda)
Consent Items: D‐1. Consider recommending receipt of the monthly report on investments for the month of October, 2012 (Report 12‐283). D‐2. Consider recommending approval to dispose of buses and equipment via sale or by means most advantageous to the District (Report 12‐ 284).
Briefing/Action Items:
Lewis Clinton 891‐4752 Jim Pachan 891‐7215
D‐3. Consider recommending receipt of report from the District Parcel Tax Fiscal Oversight Committee on the FY 2011‐12 Measure VV Tax Proceeds for the Year Ended June 30, 2012 (Report 12‐285). D‐4. Consider recommending receipt of the Disadvantaged Business Enterprise (DBE) Semi‐Annual Payment Report for the period of April 1, 2012 through September 30, 2012 (Report 12‐258). Alameda‐Contra Costa Transit District
December 12, 2012
Lewis Clinton 891‐4752
Phillip McCants 891‐8815
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RECONVENE BOARD OF DIRECTORS MEETING ‐ Elsa Ortiz, President
7.
REPORTS OF STANDING COMMITTEES The District Secretary will report on the recommendations made by the Committees, including those items referred to the Consent Calendar Addenda. If discussion or comment is desired, any person may request that an item be considered individually.
Staff Contact or Presenter(s) Linda Nemeroff 891‐7284
A. PLANNING COMMITTEE: Jim Pachan A‐1. Consider receiving report regarding the preliminary Draft Central and 891‐7215 South County Service Restructuring Plan (Report 12‐306). Jim Pachan A‐2. Consider receiving the Existing Conditions Report for the Inner East Bay 891‐7215 Comprehensive Operations Analysis (Report 12‐291a). Dennis Butler A‐3. Consider receiving the quarterly report on the District’s involvement in 891‐4798 external planning processes (Report 12‐249). Jim Pachan A‐4. Consider receiving the quarterly report on the Transbay Transit Center 891‐7215 Project (Report 12‐248). B. OPERATIONS COMMITTEE: Dennis Butler B‐1. Consider approving contract award to McKim Design Group of San 891‐4798 Jose, California, for the design of the District‐wide Elevator Modernization Project (Report 12‐310). Dennis Butler B‐2. Consider authorizing the Purchasing Department to issue a solicitation 891‐4798 for real‐time bus arrival information system providers (Report 12‐309). Tom O’Neill B‐3. Consider authorizing the Purchasing Department to issue a solicitation 891‐7278 for PeopleSoft hosting providers (Report 12‐295). Tom O’Neill B‐4. Consider authorizing the Purchasing Department to issue a solicitation 891‐7278 for PeopleSoft support services (Report 12‐308). Jim Pachan B‐5. Consider receiving report on operator unavailability [Requested by 891‐7215 Director Harper – 9/5/12] (Report 12‐287). Jim Pachan B‐6. Consider approving the release of a Request for Proposals for the East 891‐7215 Bay Paratransit Consortium (EBPC) Broker and Provider Services for Americans with Disabilities Act (ADA) mandated services (Report 12‐ 304). B‐7. Consider receiving a report on SB 863 – Workers’ Compensation Kurt De Stigter 891‐4791 Reform (Report 12‐265). C. EXTERNAL AFFAIRS COMMITTEE: Dennis Butler C‐1. Consider approving the District’s Federal and State Legislative 891‐4798 Advocacy Programs for 2013 (Report 12‐253). Dennis Butler C‐2. Consider receiving the monthly legislative report (Report 12‐300). 891‐4798 D. FINANCE AND AUDIT COMMITTEE: Lewis Clinton D‐1. Consider receiving the monthly report on investments for the month of 891‐4752 October, 2012 (Report 12‐283). Jim Pachan D‐2. Consider approving the disposal of buses and equipment via sale or by 891‐7215 means most advantageous to the District (Report 12‐284). Alameda‐Contra Costa Transit District
December 12, 2012
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Lewis Clinton D‐3. Consider receiving report from the District Parcel Tax Fiscal Oversight 891‐4752 Committee on the FY 2011‐12 Measure VV Tax Proceeds for the Year Ended June 30, 2012 (Report 12‐285). Phillip McCants D‐4. Consider receiving the Disadvantaged Business Enterprise (DBE) Semi‐ 891‐8815 Annual Payment Report for the period of April 1, 2012 through September 30, 2012 (Report 12‐258). 8. CONSENT CALENDAR ADDENDA The Board is requested to authorize as recommended from the committee meetings above.
9.
10.
11.
12.
Consider receiving report regarding the actuarial impact upon future annual costs of proposed Amendment 12‐A‐17 to the AC Transit Employees’ Retirement Plan; direct the District Secretary to provide public access to its contents for a period of at least two weeks from December 13, 2012 through January 2, 2013 in order for the comments to be considered at the January 9, 2013 Board of Directors meeting, at the earliest (Report 12‐314). Consider authorizing the issuance of a Request for Proposals for executive search services associated with the recruitment of a General Counsel; approve the evaluation criteria for scoring the proposals; and approve the necessary budgetary adjustments to the Board of Directors’ FY 2012‐13 budget (Report 12‐315). Announcement of appointments to the Nominating Committee for the selection of President and Vice President for 2013. (verbal) CLOSED SESSION/REPORT OUT The items for consideration are listed below and will be reported on by the General Counsel as necessary at the end of the meeting.
12A. Conference with Legal Counsel – Existing Litigation
Kenneth Scheidig 891‐7178 Tom Prescott 891‐7221
Linda Nemeroff 891‐7284
President Ortiz
Kenneth Scheidig 891‐7178
(Government Code Section 54956.9 (a))
Lather v. AC Transit, Claim No. 10‐2740, ACSC Case No. RG12646916 Watermon v. AC Transit, Claim No. 11‐2145, ACSC Case No. RG12629859 City of El Cerrito, et al. v. Robert R. Campbell, et al., Case No. 34‐2012‐80001200, Sacramento Superior Court
Quarterly Litigation Report Harbor v. AC Transit, ACSC No. RG10‐513436; Jones v. AC Transit, ACSC No. RG12‐620431; Silveira, et al. v. AC Transit, ACSC No. RG12‐625090; Edwin v. AC Transit, ACSC No. RG12‐637734; Gilmer, et al. v. AC Transit, U.S. Dist. Ct. (No.Cal.Dist.), No. C08‐05186 CW; Forest Ambulatory Surgical Associates, L.P., et al. v. United Healthcare Insurance UnitedHealth Group, Inc., et al., U.S. Dist. Ct. (No.Cal.Dist.), No. C10‐04911 EJD; Sims v. AC Transit, ACSC No. RG12‐638116; Galarza v. AC Transit, ACSC No. RG12‐633141; J. Lee v. AC Transit, ACSC No. RG12‐647237; S. Williams v. AC Transit, ACSC No. RG12‐641047; and Claims of Woldemariam (11‐3563), Granados (11‐3871), and Pitre (10‐1768). Alameda‐Contra Costa Transit District
December 12, 2012
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12B. Conference with Legal Counsel – Potential Litigation (Government Code Section 54956.9(b)) (Four Cases)
12C. 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
12D. Public Employee Appointment
(Government Code Section 54957(b)(1) Title: General Counsel
12E. Public Employee Performance Evaluation
(Government Code Section 54957) Title: General Manager, Interim General Counsel, District Secretary
13. 14. 15. 16.
AGENDA PLANNING GENERAL MANAGER’S REPORT BOARD/STAFF COMMENTS (Government Code Section 54954.2)
David J. Armijo 891‐4753
ADJOURNMENT Next Meeting: January 9, 2013, at 5:00 p.m.
Alameda‐Contra Costa Transit District
December 12, 2012
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