.
--
_,..:~
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 12, 2012 at 5:00 p.m. Closed Session: 4:00p.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
Alameda·Contra Costa Transit District
December 12, 2012 15
Page 1 of 18
BOARD OF DIRECTORS MEETING- Elsa Ortiz, President Wednesday, December 12, 2012 at S:OO p.m.
ACTION SUMMARY
! The Alameda-Contra Costa Transit District Board of Directors held a I
I regular meeting on Wednesday, December 12, 2012.
Interim General Counsel Kenneth C. Scheidig confirmed that all requirements of the Ralph M. Brown Act (Govt. Code Sections S4950, et seq.) and the provisions of Board Policy 100, Section 4.8 regarding teleconferenced meetings were met in order for Director Peeples to j participate in the meeting and advised that all votes must be taken by I roll call vote. [An affidavit verifying that the teleconference location 1
I 1
was accessible to persons with disabilities and that the agenda was ! posted at the teleconfr:rence location at least 72 hours prior to the i start of the first meeting is attached as Exhibit A.] I
The meeting was called to order at 4:02 p.m. for the purpose of Closed Session. All Board members were present with the exception of President Ortiz and Director Williams. The District Secretary . announced that the Board would convene in Closed Session to discuss I Items 12A-E as listed on the agenda. Closed Session recessed at 4:45 p.m. Closed Session later reconvened at 8:34 p.m. and adjourned at 9:20p.m.
I
I
I
1
i I
At 5:04 p.m., Vice President Wallace called the Board of Directors meeting to order. All Board members were present with the exception of Director Williams.
I
{Items were taken out of sequential order; however, they are reported in sequential order in the minutes for ease in reading.] 1.
ROLLCALL : Present: Harper, Davis, Peeples, Young, Wallace, Ortiz Absent: Williams
i 2.
!
I ADMINISTRATION OF THE OATH OF OFFICE !
2A.I Consider receiving the Certificates of Election Results and the Official Canvass for Directors H. E. Christian Peeples, Joe Wallace, and Greg ! Harper (Report 12-307).
I
RECEIVED REPORTS
MOTION: PEEPLES/WALLACE to receive the Certificates of Election Results and the Official Canvass for Directors H. E. Christian Peeples, Joe Wallace, and Greg Harper. The motion carried by the following vote: , AYES:G: Peeples, Wallace, Harper, Davis, Young, Ortiz ABSENT:l: Williams
i
Alameda-Contra Costa Transit District
December 12, 2012 16
Page 2 of 18
2B. Administration of the Oath of Office to re-elected members of the Board of Directors.
OATH OF OFFICE ADMINISTERED
District Secretary Linda Nemeroff administered the Oath of Office to the re-elected members ofthe Board of Directors: • • •
3.
Joe Wallace, Ward 1 Greg Harper, Ward 2 H. E. Christian Peeples, At-Large
'PRESENTATION Update on Federal legislative activities.
I I1
INFORMATION ONLY
Steve Palmer of Van Scoyoc Associates presented an update on Federal legislative activities, including: • • • • •
1
•
New Starts/Small Starts funding; The status of discussions regarding the fiscal cliff; Sequestration; Moving Ahead for Progress in the 21 51 Century (MAP-21) funding and regulatory requirements; Funding challenges; and Short term outlook remains positive.
iI Members of the Board inquired the impact of sequestration on funding
I for transit.
The item was presented for information only. 4.
PUBLIC COMMENT
•
•
•
Jane Kramer commented on transparency and accountability with regard to Board credibility on the budget, noting that AC Transit is $100 million in debt. She made specific reference to the purchase of Van Hool buses; the failure of Measure B1; use State Transit Assistance funds to pay salaries; and the home loan made to the former General Manager Rick Fernandez. She asked how the District would pay its ongoing expenses and provide quality local bus service. Eddie Dillard, President of the Oakland Black Board of Trade and Commerce and member of BART Business Advisory Board, said the BART Advisory Board is made up of minority Chambers of Commerce and advises BART on DBE, MBE participation. He suggested that AC Transit establish a similar community oriented committee to make recommendations on how to be more inclusive of women and minority businesses in contracting opportunities. Reverend Daniel Bufford spoke in support of local hiring with respect to the Bus Rapid Transit Project; reading into the public record a July 17, 2012 Oakland City Council requirement that AC Transit will encourage prime and subcontractors to voluntarily hire
Alameda-Contra Costa Transit District
December 12, 2012 17
Page 3 of 18
i
local residents and provide regular progress reports to the Oakland City Council. He also noted that President Obama signed an i Executive Order in 2009 urging federal agencies to consider mandating the use of Project Labor Agreements. He urged the Board to think more expansively about the benefits of local hire for 'j local residents. [Submitted handout]. I Scott Blake, Community Health Organizer at Allen Temple Baptist ' Church, said a project with no local hire requirement was unimaginable in a city like Oakland which has high unemployment. He urged the Board to consider a local hire component in order for the meaningful employment for the trained and skilled members of the community. Carl Jones, President of the Coalition of Black Trade Unionists and member of the Oakland NAACP, commented on local hiring and suggested the creation of an oversight committee to ensure jobs and projects benefit the community. He said he wanted a working relationship with AC Transit that would provide jobs for people in i the community. 1 Pastor Marcos Bernabe representing the Hispanic community was ! interested in creating job for everyone. He said there needs to be a focus on jobs because violence is bad right now and it was everyone's job to help find jobs for Oakland residents.
I
I
•
•
I
1
· •
i I
I 5.
i I I !
CONSENT CALENDAR
MOTION: WALLACE/HARPER to approve the Consent Calendar as indicated. The motion carried by the following vote:
RECEIVED OR APPROVED AS PRESENTED
i! AYES:6: Wallace, Harper, Davis, Young, Peeples, Ortiz
! ABSENT:l: Williams
SA. I Consider approving Board of Directors and Board Officers Retreat
! minutes of October 31, 2012. l
SB.I Consider approving Board of Directors minutes of November 12, 2012 ! {special meeting). I
sc.l Consider
approving
Board
of
Directors/Accessibility
I Committee joint meeting minutes of November 14, 2012.
Advisory
I
50. Consider approving Board of Directors minutes of November 14, 2012 (special meeting).
SE. Consider approving Board of Directors and Standing Committee , minutes of November 14, 2012.
!
i
SF. Consider approving Board of Directors minutes of November 27, 2012 \ (special meeting). Alameda-Contra Costa Transit District
December 12, 2012 18
Page 4 of 18
SG. Consider rece1vmg Accessibility Advisory Committee minutes of September 11, 2012 and October 9, 2012 (Report 12-244). SH. Consider receiving Retirement Board minutes of October 9, 2012 (Report 12-246). 6.
REGULAR CALENDAR
6A. Consider receiving update on the implementation of suggestions provided by the Accessibility Advisory Committee regarding the prototype bus (Report 12-311).
RECEIVED REPORT
, Chief Operating Officer Jim Pachan presented the staff report and !1 advised the Board of the Accessibility Advisory Committee's 1 recommendations that Gillig was able to accommodate. He also addressed questions regarding the rear door (sensitive edge), concerns I about the ability to adjust the strap in the securement area, and the slope of the ramp. PUBLIC COMMENT: • Hale Zukas, Accessibility Advisory Committee member, said the steps to the back of the bus are too steep and recommended reducing the riser height from 9 inches to the standard 7 inches with a slope to achieve the differential. He added that most passengers will have to climb the steps when a wheelchair is in the securement area and there should be mitigation of the steep steps with stanchions or hand holds to assist people. Finally, he asked why the Q-pod securement systems were not installed and said the preferred seating may be cheaper but will cost much more because it takes more time to fasten. • Sheila Gunn Cushman, Disability Action Network, was concerned that a lot of the AAC recommendations were almost disregarded. She said she felt she wasted her time by coming to see the bus and comment. She noted that the aisle was too narrow and she would not climb the step so she would probably stand a lot on the bus to the concern of drivers. She said the Board should take the AAC's suggestions seriously, otherwise people would be hurt and there would be lawsuits. • Joyce Roy commented that the 9 inch riser was not really a problem for two steps but with an additional step it is treacherous and she would like the whole tread to be yellow. She added that there were plenty of seats at the front of the bus for riders who can't climb steps and didn't see it as a problem, noting that to try and do anything else such as two small steps and a slope would be treacherous.
Alameda-Contra Costa Transit District
December 12, 2012 19
Page 5 of 18
MOTION: YOUNG/HARPER to receive the update on the implementation of suggestions provided by the Accessibility Advisory Committee regarding the prototype bus. The motion carried by the following vote: AYES:G: Young, Harper, Wallace, Davis, Peeples, Ortiz ABSENT:l: Williams APPROVED
GB. Consider authorizing the issuance of a Request for Proposals to procure up to twenty-seven (27) 60-foot diesel hybrid rapid transit buses (Report 12-299). Chief Operating Officer Jim Pachan presented the staff report and addressed questions from the Board regarding the weight limit rules, I impressions from other agencies with five-door buses, the AAC's ability to review the particulars of the bus, and series versus parallel hybrid i systems.
i
I PUBLIC COMMENT: Sheila Gunn Cushman was concerned about all door boarding for everyone and that there weren't any specs for the bus. She was also concerned that there wasn't a ramp in the front, noting that she didn't want another Gillig. She requested that the Accessibility Advisory Committee be given a chance to review the specs.
Ii MOTION:
WALLACE/YOUNG to authorize issuance of a Request for i Proposals to procure up to twenty-seven (27) GO-foot diesel hybrid ' . ! rapid transit buses. The motion carried by the following vote:
I AYES:G: Wallace, Young, Harper, Davis, Peeples, Ortiz i; ABSENT:l: Williams
Gc.l Consider authorizing the General Manager to negotiate and execute
APPROVED
! documents related to a piggyback arrangement for the procurement
iI of up to sixty-eight (68) i 2014 (Report 12-318).
40-foot Gillig transit buses for delivery in
i Chief Operating Officer Jim Pachan presented the staff report. I MOTION:
YOUNG/WALLACE to authorize the General Manager to ! negotiate and execute documents related to a piggyback arrangement l for the procurement of up to sixty-eight (68) 40-foot Gillig transit buses I for delivery in 2014. The motion carried by the following vote: AYES:G: Young, Wallace, Harper, Davis, Peeples, Ortiz ABSENT:l: Williams
Alameda-Contra Costa Transit District
December 12, 2012 20
Page 6 of 18
6D. Consider authorizing the recruitment of two public member positions 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}.
APPROVED WITH MODIFICATIONS
District Secretary Linda Nemeroff presented the staff report. Discussion ensued as to whether individuals living outside of the Bay Area or the District's service area should be precluded from applying for the Retirement Board. MOTION: DAVIS/YOUNG to select Option 3 to give preference to applicants who reside in the five-county Bay Area Region. SUBSTITUTE MOTION: PEEPLES/YOUNG to select Option 4 to give preference to applicants who reside in the nine-county Bay Area Region. The motion carried by the following vote: AYES:6: Peeples, Young, Wallace, Harper, Davis, Ortiz ABSENT:l: Williams MOTION: YOUNG/WALLACE to authorize the recruitment of two public member positions and one non-ATU position to the AC Transit Retirement Board. The motion carried by the following vote: AYES:6: Young, Wallace, Harper, Davis, Peeples, Ortiz ABSENT:l: Williams 6E. Consider cancellation of the Board Retreat scheduled for January 30, 2013. (verbal)
BOARD RETREAT CANCELLED
General Manager David Armijo advised the Board that he would like to hold a Retreat with the Board in March to discuss the fare policy, service and other key issues. MOTION: YOUNG/WALLACE to cancel the Board Retreat scheduled for January 30, 2013. The motion carried by the following vote: AYES:6: Young, Wallace, Harper, Davis, Peeples, Ortiz ABSENT:l: Williams At 6:02 p.m., the General Counsel announced that the Board would reconvene in Closed Session. Closed Session recessed to the Standing Committees at 6:08p.m. to convene to the standing committees. RECESS TO STANDING COMMITTEES (as the Committee of the Whole} The Board meeting recessed to the Standing Committees at 6:12 p.m.
Alameda-Contra Costa Transit District
December 12, 2012 21
Page 7 of 18
ALL COMMITIEES ARE ADVISORY ONLY.
A.
i PLANNING COMMITTEE- H. E. Christian Peeples, Chairperson
I The
ACTION SUMMARY
Planning Committee convened at 6:08 p.m. All Committee
l members were present with the exception of Director Williams who i was absent.
I Public Comment (for items not on the agenda) I There was no public comment offered.
i Briefing/Action Items: l Consider recommending
j
!
A-1.
j
receipt of report regarding the preliminary j RECOMMEND I Draft Central and South County Service Restructuring Plan (Report I RECEIPT I
i'
! 12-306).
i 1
Transportation Planner Linda Morris presented the staff report.
i \ Director Peeples expressed concern with the proposal given that the i Technical Advisory Committee [TAC] and Policy Advisory Committee
! [PAC] in South County and Central County had not weighed in prior to I the setting of the hearing.
j
!
!I
i i
I General
Manager David Armijo advised that it was important to work j through the established process, but ultimately the goal was to ! enhance and improve bus service. Ultimately, there appeared to be I agreement that the TAC and PAC meetings should occur before the i public hearing is set.
l1
i i I PUBLIC COMMENT:
\ MOTION: YOUNG/ORTIZ to forward to the Consent Calendar Addenda
I recommending receipt; Director Williams, absent {6-0-1). A-2.
I Consider recommending receipt of the Existing Conditions Report for I the Inner East Bay Comprehensive Operations Analysis (Report 12-
RECOMMEND RECEIPT
1291a).
I!
[Written public comment received prior to the meeting is incorporated into the file by reference.]
l
! Director of Service Development and Planning Robert del Rosario I' presented the staff report. i
Alameda-Contra Costa Transit District
December 12, 2012 22
Page 8 of 18
Discussion ensued regarding the source of the information provided in the report and whether it was accurate. In addition, members of the Committee inquired about operational comparisons between AC Transit and BART, capacity constraints on BART, and whether Board Policy 550 needed amendment in order to accommodate forthcoming Comprehensive Operations Analysis recommendations. Director Davis was concerned about the absoluteness of the numbers provided in the report and felt it was a problem.
I
PUBLIC COMMENT: • John Gatewod commented that the Transbay service has no brand 1 recognition and poor marketing. He said that the target markets 1 are people that ride the bus and ride BART rather than drivers. He urged the Board to hire an outside agency to put together a more 1 aggressive marketing campaign for the service. • Joyce Roy agreed with Karen Ackerman's letter about transbay j service. She hoped there would be more Transbay TaskForce meetings soon. She also said that seating on BART is limited during commute hours, that BART is at maximum capacity, and there needs to be transit redundancy for when BART is non-operational. ! She said that AC Transit needs to give MTC better reasons why transbay bus service is needed regionally.
I I
I
j MOTION: ORTIZ/YOUNG to forward to the Consent Calendar Addenda 1
A-3.
recommending receipt; Directors Williams, Peeples, absent (5-0-2).
I Consider
recommending receipt of the quarterly report on the i District's involvement in external planning processes (Report 12-249}.
RECOMMEND RECEIPT
I
I Transportation Planner Nathan Landau presented the staff report. MOTION: WALLACE/YOUNG to forward to the Consent Calendar Addenda recommending receipt; Director Williams, absent (6-0-1). A-4. j Consider recommending receipt of the quarterly report on the I Transbay Transit Center Project (Report 12-248).
RECOMMEND RECEIPT
[A PowerPoint Presentation was given at the meeting and is incorporated into the file by reference.] i Traffic Engineer Will Buller presented the staff report. Kevin Clinch, Consulting, presented an overview of the bus ramp design.
i ARUP
MOTION: ORTIZ/WALLACE to forward to the Consent Calendar Addenda recommending receipt; Director Williams, absent (6-0-1). , The Planning Committee adjourned at 7:20p.m.
Alameda-Contra Costa Transit District
December 12, 2012
23
Page 9 of 18
B.
OPERATIONS COMMITTEE- Joel Young, Chairperson The Operations Committee convened at 7:20 p.m. All Committee members were present with the exception of Director Williams who was absent.
ACTION SUMMARY
Public Comment (for items not on the agenda) There was no public comment offered. Briefing/Action Items: B-1.
I Consider
recommending approval to award a contract to McKim Group of San Jose, California, for the design of the Districtwide Elevator Modernization Project (Report 12-310).
I Design
RECOMMEND APPROVAL
Project Manager Craig presented the staff report. MOTION: WALLACE/ORTIZ to forward to the Consent Calendar Addenda recommending approval; Directors Harper (out of seat) and , Williams, absent (6-0-1). B-2.
I 1
Consider recommending that the Purchasing Department be authorized to issue a solicitation for real-time bus arrival information system providers (Report 12-309).
RECOMMEND APPROVAL
There was no presentation of the staff report. , MOTION: ORTIZ/WALLACE to forward to the Consent Calendar
I
i Addenda recommending approval; Director Williams, absent (6-0-1). I
B-3.
Consider recommending that the Purchasing Department be authorized to issue a solicitation for PeopleSoft hosting providers (Report 12-29S).
1
RECOMMEND APPROVAL
Chief Technology Officer Tom O'Neill presented the staff report.
j
[ MOTION: PEEPLES/WALLACE to forward to the Consent Calendar Addenda recommending approval; Director Williams, absent (6-0-1). B-4.
Consider recommending that the Purchasing Department be authorized to issue a solicitation for PeopleSoft support services (Report 12-308).
RECOMMEND APPROVAL
There was no presentation of the staff report. Chief Technology I Officer Tom O'Neill addressed questions from the Committee. Director i Harper and President Ortiz expressed concern with PeopleSoft, i specifically, the amount of money that has been spent on the system i and whether it was too big for the District's needs. There was an 1
Alameda·Contra Costa Transit District
December 12, 2012 24
Page 10 of 18
I' interest in receiving feedback and/or analysis from
staff in the future I I as to whether the system met the District's needs. President Ortiz said !I 1 I that she would recommend approval of the item albeit with reservations.
I I
I MOTION:
WALlACE/HARPER to forward to the Consent Calendar Addenda recommending approval; Director Williams, absent (6-0-1).
Consider recommending receipt of a report on operator unavailability [Requested by Director Harper- 9/5/12] (Report 12-287).
B-5.
RECOMMEND RECEIPT
Chief Operating Officer Jim Pachan presented the staff report.
I
I
I MOTION:
I
WALLACE/ORTIZ to forward to the Consent Calendar j Addenda recommending receipt; Williams, absent (6-0-1).
I
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}.
RECOMMEND APPROVAL
Accessible Services Manager Mallory Brush presented the staff report. MOTION: ORTIZ/WALLACE to forward to the Consent Calendar i I Addenda recommending receipt; Williams, absent (6-0-1). 1 B-7.
I Consider
recommending receipt of a report on SB 863 - Workers' Compensation Reform (Report 12-265}. Human Resources Administrator Janet Jackson presented the staff report.
MOTION: WALLACE/ORTIZ to forward to the Consent Calendar 1 Addenda recommending receipt; Williams, absent (6-0-1).
I i
The Operations Committee adjourned at 7:48 p.m.
c.
EXTERNAL AFFAIRS COMMITTEE- Joe Wallace, Chairperson The External Affairs Committee convened at 7:48 p.m. All Committee members were present with the exception of Director Williams who was absent.
I I I
RECOMMEND RECEIPT
'I
i
I
I ACTION SUMMARY
l
I Public Comment (for items not on the agenda) 1
There was no public comment offered.
I Briefing/Action Items: ! Alameda-Contra Costa Transit District
December 12, 2012 25
Page 11 of 18
C-1.
Consider recommending approval of the District's Federal and State Legislative Advocacy Programs for 2013 (Report 12-253).
RECOMMEND APPROVAL
Director of Legislative Affairs and Community Relations Beverly Greene presented the staff report. President Ortiz requested an analysis of redefining AC Transit as a Rapid Transit District (See Item 13- Agenda Planning).
i MOTION: f
C-2.
ORTIZ/WALLACE to forward to the Consent Calendar Addenda recommending approval; Williams, absent (6-0-1).
Consider recommending receipt of the monthly legislative report (Report 12-300).
I 1
RECOMMEND RECEIPT
Director of Legislative Affairs and Community Relations Beverly Greene presented the staff report.
I I
MOTION: YOUNG/ORTIZ to forward to the Consent Calendar Addenda recommending receipt; Williams, absent (6-0-1). The External Affairs Committee adjourned at 7:55 p.m. D.
I FINANCE AND AUDIT COMMITTEE- Greg Harper, Chairperson The Finance and Audit Committee convened at 7:55 p.m. All Committee members were present with the exception of Director Williams.
ACTION SUMMARY
Public Comment (for items not on the agenda) ' There was no public comment offered. Consent Items: MOTION: ORTIZ/WALLACE to forward to the Consent Calendar 1 Addenda recommending receipt and approval as indicated; Williams, ! absent (6-0-1). D-1.
Consider recommending receipt of the monthly report investments for the month of October, 2012 (Report 12-283).
RECOMMEND RECEIPT/ APPROVAL AS INDICATED
on
D-2. I Consider recommending approval to dispose of buses and equipment 1 via sale or by means most advantageous to the District (Report 12284). Director Peeples inquired about the disposal of buses and whether some of them were from the Dumbarton Express (DB) service and l whether any were used as collateral for the Certificates of Participation ! (COPs) transaction. Staff advised that the DB service buses were Alameda-Contra Costa Transit District
December 12, 2012 26
Page 12 of 18
transferred to the new service provider and that no buses were used as collateral. Briefing/Action Items: Consider recommending receipt of report from the District Parcel Tax Fiscal Oversight Committee on the FV 2011-12 Measure VV Tax Proceeds for the Year Ended June 30, 2012 (Report 12-28S).
D-3.
RECOMMEND RECEIPT
[The draft minutes from the Parcel Tax Oversight Committee and a comparison of operating losses in 01 and 02 submitted by Director Harper.] Chief Financial Officer Lewis Clinton presented the staff report. President Ortiz reported that members of the Parcel Tax Fiscal Oversight Committee had expressed concern with the allocation methodology between Special Districts One and Two and the mission of the Committee. i General Manager David Armijo reported that he had attended the
I meeting and suggested that staff and the Committee meet again to I
\ look at the issue from scratch and lay out how money flows into both ! districts, how funds are allocated, and work through the numbers. He i added that he felt that the service aspect was not discussed in terms of what each district is getting for the funds allocated. He advised that he would report back.
I I !
! MOTION: WALLACE/DVOUNG to forward to the Consent Calendar
D-4.
l Addenda recommending receipt; Williams, absent {6-0-1). I i Consider recommending receipt of the Disadvantaged i
Business Enterprise (DBE) Semi-Annual Payment Report for the period of April 1, 2012 through September 30, 2012 (Report 12-2S8).
RECOMMEND RECEIPT
Contracts Compliance Administrator Phillip McCants presented the staff report.
i MOTION:
WALLACE/YOUNG to forward to the Consent Calendar Addenda recommending receipt; Williams, absent {6-0-1).
The Finance and Audit Committee adjourned at 8:13 p.m.
Alameda-Contra Costa Transit District
December 12 1 2012 27
Page 13 of 18
7.
8.
RECONVENE BOARD OF DIRECTORS MEETING - Elsa Ortiz, President The Board of Directors meeting reconvened at 8:13 p.m. All Board members were present with the exception of Director Williams.
ACTION SUMMARY
REPORTS OF STANDING COMMITTEES District Secretary Linda Nemeroff reported that all Standing Committee agenda items had been referred to the Consent Calendar Addenda recommending receipt or approval as presented. CONSENT CALENDAR ADDENDA MOTION: WALLACE/YOUNG to receive, approve or adopt the items referred to the Consent Calendar Addenda as indicated on the agenda. 1 The motion carried by the following vote: ! AYES:6: Wallace, Young, Harper, Davis, Peeples, Ortiz ' ABSENT:1: Williams
REPORT GIVEN
RECEIVED OR APPROVED AS INDICATED
I
I
The items brought before the Board were as follows: A. A-1.
PLANNING COMMITTEE: Consider receiving report regarding the preliminary Draft Central and South County Service Restructuring Plan (Report 12-306). A-2. Consider receiving the Existing Conditions Report for the Inner East Bay ! Comprehensive Operations Analysis (Report 12-291a). A-3. Consider receiving the quarterly report on the District's involvement in external planning processes (Report 12-249). A-4. i Consider receiving the quarterly report on the Transbay Transit Center Project (Report 12-248).
I
i
B. B-1.
B-2. B-3. B-4. B-5. B-6.
B-7.
OPERATIONS COMMITTEE: Consider approving contract award to McKim Design Group of San Jose, California, for the design of the District-wide Elevator Modernization Project (Report 12-310). I Consider authorizing the Purchasing Department to issue a solicitation for real-time bus arrival information system providers (Report 12-309). Consider authorizing the Purchasing Department to issue a solicitation for PeopleSoft hosting providers (Report 12-295). Consider authorizing the Purchasing Department to issue a solicitation for PeopleSoft support services (Report 12-308). Consider receiving report on operator unavailability [Requested by Director Harper- 9/5/12] (Report 12-287). Consider approving the release of a Request for Proposals for the East Bay Paratransit Consortium (EBPC) Broker and Provider Services for Americans with Disabilities Act (ADA) mandated services (Report 12304). Consider receiving a report on SB 863 - Workers' Compensation Reform {Report 12-265).
I
Alameda-Contra Costa Transit District
December 12, 2012 28
Page 14 of 18
C. C-1.
EXTERNAL AFFAIRS COMMITTEE: Consider approving the District's Federal and State Legislative Advocacy Programs for 2013 (Report 12-253). Consider receiving the monthly legislative report (Report 12-300).
C-2. D. D-1.
1
I
FINANCE AND AUDIT COMMITTEE: Consider receiving the monthly report on investments for the month of October, 2012 (Report 12-283).
D-2.
Consider approving the disposal of buses and equipment via sale or by means most advantageous to the District (Report 12-284). D-3. Consider receiving 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 receiving the Disadvantaged Business Enterprise (DBE) Semi! Annual Payment Report for the period of April 1, 2012 through l September 30, 2012 (Report 12-258).
9.
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).
RECEIVED AND APPROVED AS INDICATED
I
There was no presentation of the staff report.
ii
MOTION: WALLACE/HARPER to receive the report. The motion carried by the following vote: AYES:6: Wallace, Harper, Davis, Peeples, Young, Ortiz ABSENT:1: Williams
10.
Consider authorizing the issuance of a Request for Proposals for executive search services associated with the recruitment of a 1 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).
FAILED
There was no presentation ofthe staff report. , Director Peeples advocated for following up with candidates that the had previously considered for the General Counsel position. Discussion ensued with several Board members voicing a preference to I conduct a full recruitment.
! Board
i
Alameda-Contra Costa Transit District
December 12, 2012 29
Page 15 of 18
MOTION: YOUNG/DAVIS to authorize 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. The motion failed by the following vote: AYES:3: Young, Davis NOES:4: Harper, Wallace, Peeples, Ortiz ASBENT:1: Williams 11.
Announcement of appointments to the Nominating Committee for the selection of President and Vice President for 2013. (verbal) President Ortiz announced the appointment of Directors Williams, Peeples, and Davis to the Nominating Committee for the selection of President and Vice President for 2013.
12.
CLOSED SESSION/REPORT OUT Interim General Counsel Kenneth Scheidig reported out on Item No. 12A as provided below. No other reports were given.
APPOINTMENTS ANNOUNCED
i 1
REPORT GIVEN
MOTION: PEEPLES/HARPER to authorize settlement in the amount of $130,000 in the matter of Waterman v. AC Transit, Claim No. 11-2145, ACSC Case No. RG12629859. The motion passed by the following vote: AYES:5: Peeples, Harper, Wallace, Davis, Young ABSENT: Williams, Ortiz 12A.
Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9 (a))
Lather v. AC Transit, Claim No. 10-2740, ACSC Case No. RG12646916 Waterman v. AC Transit, Claim No. 11-2145, ACSC Case No. RG12629859 City of El Cerrito, et a/. v. Robert R. Campbell, et a/., 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, eta/. v. AC Transit, ACSC No. RG12-625090; Edwin v. AC Transit, ACSC No. RG12-637734; Gilmer, eta/. v. AC Transit, U.S. Dist. Ct. (No.Cai.Dist.), No. COB-05186 CW; Forest Ambulatory Surgical Associates, L.P., eta/. v. United Healthcare Insurance UnitedHealth Group, Inc., eta/., U.S. Dist. Ct. (No.Cai.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 ofWoldemariam (11-3563), Granados (11-3871), and Pitre (10-1768).
Alameda-Contra Costa Transit District
December 12, 2012 30
Page 16 of 18
128.
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.
AGENDA PLANNING Referred to Next Board of Directors Meeting
Director Harper requested to agendize a waiver of Board Policy 100 pertaining to the two term limit for Board President at the next Board meeting. (Director Davis concurred) Referred to Operations Committee
Director Wallace requested a report on the reopening of Division 3 (President Ortiz concurred) Referred to the Finance and Audit Committee
Director Peeples requested an audit of the legal department, particularly the cost for outside counsel, with comparisons to prior years (President Ortiz concurred). Referred to External Affairs
President Ortiz requested an analysis of redefining the AC Transit as a rapid transit district (Director Wallace concurred). Director Peeples requested that the District consider a resolution in support of the West Contra Costa Unified School District's general waiver request of the statutory bonding capacity (Director Wallace concurred). 14.
INFORMATION
GENERAL MANAGER'S REPORT
General Manager David Armijo reported on the following: • Release of Key Performance Indicator (KPI) related to on time performance; • Accomplishments of 2012: • Full staffing of operators with increased training; • Completion of goals and objectives for administrative staff; Alameda-Contra Costa Transit District
December 12, 2012 31
ONLY
Page 17 of 18
• • • • •
15.
Institution of performance appraisals in 2013; Bus Rapid Transit Project; Hiring of BRT Director, Director of Maintenance, and Director of Procurement; Budgetary stability; and Purchase of nearly 200 buses, including some hybrids.
· BOARD/STAFF COMMENTS (Government Code Section 54954.2)
Members of the Board commented on meetings and events attended since the last meeting.
ADJOURNMENT
16.
There being no further business to come before the Board of Directors, ! the meeting was adjourned at 9:20 p.m. The next meeting of the Board of Directors is scheduled for Wednesday, January 9, 2012. 1
i
Respectfully submitted,
~~-----' District Secretary
Alameda-Contra Costa Transit District
December 12, 2012 32
Page 18 of 18
