BOARD OF DIRECTORS ALAMEDA-CONTRA COSTA TRANSIT DISTRICT MINUTES

(1)

53

BOARD OF DIRECTORS

ALAMEDA

-

CONTRA COSTA TRANSIT DISTRICT

MINUTES

Regular Meetings of the Board of Directors and the

Planning and Operations Committees

AC Transit General Offices 2"d Floor Board Room

1600 Franklin Street Oakland, CA 94612

Wednesday, September 10, 2014, at 5:00 p.m. Closed Session: 3:30 p.m. (Items 8A-8F)

Committee meetings will commence when the Board of Directors recesses to a Committee of the Whole

MEMBERS OF THE BOARD OF DIRECTORS

GREG HARPER, PRESIDENT (WARD 2) JOE WALLACE, VICE PRESIDENT (WARD 1)

ELSA ORTIZ (WARD 3) MARK WILLIAMS (WARD 4)

JEFF DAVIS (WARD 5) JOEL YOUNG (AT-LARGE) H. E. CHRISTIAN PEEPLES (AT-LARGE)

Teleconference

Joel Young, Director At-Large 730 E 3rd Street Long Beach, California 90802

BOARD OFFICERS

DAVID J. ARMIJO, GENERAL MANAGER

DENISE C. STANDRIDGE, INTERIM GENERAL COUNSEL LINDA A. NEMEROFF, DISTRICT SECRETARY

(2)

BOARD OF DIRECTORS MEETING- Greg Harper, President Wednesday, September 10, 2014 at S:OO p.m.

1.

2. i

The Alameda-Contra Costa Transit District Board of Directors held a

I

i

regular meeting on Wednesday, September 10, 2014.

I

Prior to the start of the meeting, Interim General Counsel Denise

I

Standridge confirmed that all requirements of the Ralph M. Brown

I

Act (Govt. Code Sections 54950, et seq.) and

t~e

provisions of Board

i

Policy 100, Section 4.8 regarding teleconferenced meetings were met

I

in order for Director Young to participate in the meeting and advised

i

that all votes must be taken by roll call vote.

[An affidavit verifying

I

[ that the teleconference location

was

accessible to persons with [

i

disabilities and that the agenda was posted at the teleconference

I

location at least

72

hours prior to the start of the first meeting is

I

attached as Exhibit A.]

1 The meeting was called to order at 3:35 p.m. for the purpose of

i

Closed Session. All Board members were present, with the exception

I

of Director Young who was absent. The District Secretary announced

I

that the Board would convene in Closed Session to discuss Items SA-F

l

as listed on the agenda. Closed Session concluded at 4:45 p.m.

I

1 At 5:05 p.m., President Harper called the Board of Directors meeting

j to order.

I

ROLLCALL

i

Present: Ortiz, Williams, Davis, Peeples, Young, Wallace, Harper

'

I

GENERAL MANAGER'S REPORT

i

General Manager David Armijo reported on the following:

I.

The Metropolitan Transportation Commission (MTC) Programming

' '

1,,.··'' • and Allocations Committee recommended $5.5 million for capital

improvements for Line 97;

MTC awarded a $1 million TIGER grant to AC Transit and SFMTA to

I

study the transbay and MUNI metro corridor and make

i

recommendations to improve transbay capacity;

1 • Outreach meetings begin next month to update the Comprehensive

.'.'' 1

1 Operations Analysis (COA) which will result in a series of District

priorities for future service;

The General Manager's Quarterly Report will be moving to the internet to provide the Board and public improved digital access to the information; and

i •

August service changes successfully implemented.

I

The item was presented for information only.

ACTION SUMMARY

INFORMATION ONLY

(3)

55 3. PUBLIC COMMENT

I

Vickie Riggin, AFSCME Vice President, commented on the change from a 37.5 hour work week to a 40 hour work week. In her opinion, it was done after the contract was ratified and disrupted work.

lisa Harlow, AFSCME, commented on the elimination of the 37.5 hour work week, claiming that it had not been discussed during negotiations and AFSCME was opposed to the 40 hour work week without additional compensation.

Dwayne Crawley, AFSCME President, felt the increase in work hours amounted to a take away from the raises that AFSCME members had received. He asked the Board to make an official policy ruling to maintain the current work schedule and bargain the issue of work hours in the future.

David Campbell, representing Bike East Bay, asked for Board support to develop a Complete Streets Plan for Telegraph Avenue. He also urged everyone to support Measure BB.

Clarence Fischer spoke on behalf of a disabled rider who was unable to alight at Berkeley BART because the ramp could not be lowered due to an illegally parked truck. The sheriff was not called to move the truck and the rider was not able to alight for several blocks. {Written Title VI complaint received and forwarded to the Title VI Compliance Officer.)

Jane Kramer commented on transparency and accountability with regard to governing ethics related to funding transfers between the District and other government entities. She asked how the monies

I

would be spent, by whom, and under whose jurisdiction. j

Eleanor Wiley, Alameda resident, complained of problems with a

I

line SlA bus stop that was moved directly in front of her home,

i

including the volume of the stop announcements and the use of her porch by passengers who were waiting to board the bus.

4. I CONSENT CALENDAR

I

MOTION: WALLACE/WILLIAMS to approve the Consent Calendar as \ presented with the exception of Item 4A, which was pulled off the

I

J agenda. The motion carried by the following vote:

!

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

4A.I

Consider approving Board of Directors and Standing Committee

I

minutes of June 11, 2014. I

4B.

I

Consider approving Board of Directors and Standing Committee minutes of August 13, 2014.

4C. Consider approving Board of Directors minutes of September 3, 2014.

(Special Meeting)

Alameda-Contra Costa Transit District September 10, 2014

APPROVED

PULLED OFF AGENDA

(4)

4D.I Consider receiving Retirement Board minutes of July 10, 2014 (Report

i 14-200}.

I

5.

!

REGULAR CALENDAR

SA. Consider approving contract award to Van Scoyoc Associates, Inc. for federal lobbying services (Report 14-087a).

Director of Legislative Affairs and Community Relations Beverly Greene , presented the staff report.

I

President Harper asked how staff ascertains whether a lobbying firm is 1

representing other clients whose interests may be in direct conflict 1

with AC Transit's and suggested that staff think about this issue for 1

future lobbying contracts. Ms. Greene advised that the contract for

!

the state lobbyist would expire at the end of the year and it would be J

good to explore the concerns raised in procuring a new contract. MOTION: PEEPLES/WILLIAMS to approve contract award to VanScoyoc Associates, Inc. for federal lobbying services. The motion carried by

!

the following vote:

!

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

58. Consider approving contract award to 181 Group for project management/owner's representation assistance in the planning, engineering and implementation of the District's Computer Aided Dispatching/Automatic Vehicle Location (CAD/AVL) system (Report

i 13-326a}.

I

Information Systems Project Manager Sandra Lewis-Williams presented the staff report.

Director Ortiz asked why Cambridge Systematics classified itself as an LBE (Local Business Enterprise). Contracts Compliance Administrator Phillip McCants advised that it is not uncommon for a local firm to classify itself in this manner, noting that the District used the Alameda 1 County database of vendors, which classified the firm in question with

!

the LBE designation.

i

Director Williams asked about outreach to small businesses and Disadvantaged Business Enterprises for other contracts associated with the project. Director of Procurement Jon Medwin advised that the population of qualified vendors for the next phases of the project was quite limited due to the complexity of the project, but he hoped to get as many qualified proposers as possible.

APPROVED

(5)

57

President Harper commented that his fear with companies that become locked into in certain industries, like transit, is that better systems developed for other sectors may be overlooked. He asked staff to conduct more background work on this issue in the future.

MOTION: WALLACE/PEEPLES to approve contract award to IBI Group for project management/owner's representation assistance in the planning, engineering and implementation of the District's Computer Aided Dispatching/Automatic Vehicle location (CAD/AVL) system. The motion carried by the following vote:

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

RECESS TO STANDING COMMITTEES (as the Committee of the Whole) The Board meeting recessed to the Standing Committees at 5:46p.m.

All COMMITTEES ARE ADVISORY ONLY.

A.

A-1.

!

PLANNING COMMITTEE- Mark Williams, Chairperson

_!

i

The Planning Committee convened at 5:46 p.m. All

I

members were present.

Committee

I

Public Comment (for items not on the agenda)

I

i

There was no public comment offered.

!

! Consent Items:

I

MOTION: WALLACE/DAVIS to forward to the Consent Calendar ₁

!

Addenda recommending adoption as presented. The motion carried by

i

the following vote:

!

! !

I

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

I

Consider recommending adoption of Resolution No. 14-048 I

i

authorizing the General Manager, or his designee, to submit an

!

allocation request to the Metropolitan Transportation Commission 1

(MTC) for Regional Measure 2 (RM2) Funds and execute any documents necessary for the Richmond Parkway Transit Center Project (Report 14-248).

I

I Director Ortiz asked who owned the Transit Center and requested

I

clarification regarding the RM2 funding. Chief Operating Officer Jim Pachan replied that Caltrans was the owner and the District has an agreement to use it without paying rent. In addition, parking fees go to the District but are not enough to pay for major maintenance. Senior Capital Planning and Grants Analyst Chris Andrichak said the $750,000 1 being requested was part of $3 million originally allocated for a parking

1 garage which the District decided not to build.

Alameda~Contra Costa Transit District September 10, 2014

ACTION SUMMARY

RECOMMEND APPROVAL

(6)

Briefing/ Action Items:

I

A-2. Consider recommending receipt of report on the Telegraph Avenue 1 PULLED OFF THE

'

Complete Streets Implementation Plan [Requested by Director

i

AGENDA Peeples- 5/14/14] (Report 14-230}.

The item was pulled off the agenda and moved to the meeting scheduled for September 24, 2014.

A-3. Consider recommending receipt of the Quarterly Report on the Transbay Transit Center Project and authorizing the Board President to sign a letter to the San Francisco Board of Supervisors expressing the District's concerns regarding the Folsom Street Streetscape Plan, if warranted (Report 14-203}.

i

Director of Service Development Robert del Rosario presented the staff

I

, report.

I

I :

[ Director Peeples commented that a consultant on the project believes

i

I

pieces of the Folsom Street Streetscape Plan could be completed

J without impacting AC Transit's vehicles so long as they don't stripe it

1

both ways and they don't stripe the bus lanes. Mr. del Rosario concurred, noting that it appeared the hardscape could move forward and the striping could be delayed until AC Transit moved into the new transit center, which should, in large part, mitigate most of the delays.

I

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

! Addenda recommending receipt of the report and authorization for the

i

Board President to sign a letter to the San Francisco Board of

l

Supervisors if warranted. The motion carried by the following vote: !

I

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

I

RECOMMEND RECEIPT/ AUTHORIZE THE BOARD PRESIDENT TO SIGNA LEITER

A-4. J Consider recommending approval to reinstate bus service along Golf RECOMMEND

!

links Road to Grass Valley Elementary School, with the use of small APPROVAL

I

transit vehicles, as a one-year pilot project (Report 14-229}.

I

Senior Transportation Planner Sean Diest Lorgion presented the staff

I

1 report.

I

Oirector Peeples asked how staff justified the restoration of service to

I

Grass Valley when there were no plans to restore service in other areas

J affected by service cuts. Mr. Diest Lorgion advised that the proposed

I

pilot service would only reinstate about 50% of the service cut in 2010.

f Director of Service Development Robert del Rosario added that the

! pilot would allow staff to offer service to the hills with less frequency

[ using small transit vehicles.

(7)

59

Director Peeples said he would vote "no" on the proposal because he thought this was being done in response to political pressure from the community rather than District policy. He also felt the use of smaller buses on this service would be inadequate.

President Harper felt that future reports needed to include a methodology on how the recommendation was developed.

Public Comment

Yvonne Williams thanked the Board for this service which will allow operators to get riders to their final destination. She hoped with the passage of Measure BB more service like this could be reinstated. 1

MOTION: ORTIZ/WALLACE to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by the following vote:

AYES:6: Ortiz, Wallace, Williams, Davis, Young, Harper 1 NOES:1: Peeples

A-5. Consider recommending that the General Manager be authorized to RECOMMEND

implement a one-year flex service pilot project to replace line 275 in ' APPROVAL Newark (Report 14-247}.

i

Transportation Planner John Urge presented the staff report.

I

!

Discussion ensued regarding the need for performance metrics to [ determine if the project is a success. General Manager David Armijo

l

advised that staff would develop metrics and present them to the ₁

i

Board within the next few months in order to begin evaluating the

!

I

service in six months. j

! t

i

MOTION: HARPER/ORTIZ to forward to the Consent Calendar Addenda '

i

!

recommending approval as presented. The motion carried by the

i

following vote:

AYES:7: Harper, Ortiz, Williams, Davis, Peeples, Young, Wallace The Planning Committee adjourned at 6:18p.m.

B. j OPERATIONS COMMITTEE -Joe Wallace, Chairperson ACTION

1 The Operations Committee convened at 6:18 p.m. All Committee

I

SUMMARY

members were present.

l

Public Comment (for items not on the agenda) i

Yvonne Williams, President of ATU local 192 and Dwaine Crawley,

I

President of AFSCME local 3916, addressed the Board and General I

! Manager jointly regarding labor peace, noting that the relationship

i

(8)

B-1.

between management and labor needed to be solid and was very important.

Briefing/ Action Items:

Consider recommending award of a contract to Linde LLC to provide,

1

1 install, and commission an electrolyzer and buffer storage system at the Seminary Division Hydrogen Fueling Station (Report 14-208).

I

Senior Project Manager Joe Callaway presented the staff report.

Concerns were raised regarding the limited-liability language in the contract. Interim General Counsel Denise Standridge advised that similar language in another contract with Linde was problematic; however, without the electrolyzer, grant funds for the project could be jeopardized. She added that, based on the information available to her, the risk associated with the buffer system and the electrolyzer may be lower than the risk associated with the fueling station. In addition, new contract language was proposed to Linde which would increase the liability coverage and damages, but it was doubtful that it

!

would be accepted.

i

!

Director Ortiz said she was concerned about contracts that do not protect AC Transit and would vote against the contract.

MOTION: PEEPLES/WILLIAMS to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by the following vote:

AYES:6: Peeples, Williams, Davis, Young, Harper, Wallace NOES:l: Ortiz

I

Director Young left the meeting at 6:43 p.m. and returned at 6:45

I

p.m.

RECOMMEND APPROVAL

B-2. Consider recommending award of a sole source contract to S & A RECOMMEND Systems Inc. for software license, technical support, and provision of APPROVAL an extended warranty for the Fleetwatch vehicle monitoring system

and equipment (Report 14-242).

Director of Maintenance Salvador Llamas presented the staff report. Discussion ensued regarding the issue of locking the District into contracts with long-term commitments. General Manager David Armijo advised that staff needs to identify how many legacy systems the District has and try to find a way to have shorter five-year contracts without having to replace the entire system. Director of Procurement

!

(9)

61

Jon Medwin commented that it would be difficult to ask any contractor to provide fair, reasonable and firm pricing ten-years out.

MOTION: DAVIS/PEEPLES to forward to the Consent Calendar Addenda recommending approval as presented. The motion carried by the following vote:

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

I

NOES:1: Ortiz

B-3.

i

Consider recommending award of a contract to Taber Construction RECOMMEND

I

for the District-wide Elevator Modernization Project (Report 14-240). APPROVAL

I

Senior Project Manager Craig Michels presented the staff report.

!

j Questions were addressed regarding contingencies for the project, bid

I

i amounts, and the use of Disadvantaged Business Enterprises.

!

I '

I

MOTION: WILLIAMS/PEEPLES to forward to the Consent Calendar

I

! Addenda recommending approval as presented. The motion carried by

I

i

the following vote:

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

B-4. 1 Consider recommending that the General Manager be authorized to RECOMMEND

i

enter into a new four-year contract with Alameda County Sheriffs APPROVAL

I

Office for law enforcement services (Report 14-226).

I

!

Protective Services Manager Kerry Jackson presented the staff report.

I

Questions were addressed concerning the use of technicians and the

i

COPS grant. Members of the Committee commented on the quality of

!

the service and professionalism of the Alameda County Sheriffs

I

l Department.

I

Public Comment:

I

Clarence Fischer asked the Board support the contract, noting the

I

experience with private security used in the past was negative. He also

i

hoped major bus stops would have better patrols.

I

i

MOTION: ORTIZ/WILLIAMS to forward to the Consent Calendar

!

Addenda recommending approval as presented. The motion carried by

I

the following vote:

I

i

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

I

(10)

B-5. Consider recommending adoption of Resolution No. 14-049 approving

I

a new classification specification for Assistant Director of

I

Maintenance (Report 14-249). :

!

Senior Human Resources Manager Llew Keller presented the staff

I

report.

i

I

Committee members commented that it would be useful if the

I

classification specification required familiarity with California Air

I

Resources Board Urban Bus rules and requirements for emission \ controls. It was also suggested that a Bachelor's degree be highly 1

d~irnble.

I

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

AYES:7: Peeples, Williams, Ortiz, Davis, Young, Harper, Wallace The Operations Committee adjourned at 6:58 p.m.

RECOMMEND APPROVAL

l

RECONVENE BOARD OF DIRECTORS MEETING- Greg Harper, President ACTION

!

The Board of Directors meeting reconvened at 6:58 p.m. All Board SUMMARY

I

members were present.

6.

I

REPORTS OF STANDING COMMITTEES REPORT GIVEN

I

District Secretary Linda Nemeroff reported that all of the items from

I

the Planning and Operations Committee meetings, with the exception

I

of Item A-2 which was pulled off the agenda, had been referred to the

I

Consent Calendar Addenda recommending receipt, approval, or

i

adoption as indicated.

I

7. j CONSENT CALENDAR ADDENDA

I

MOTION: WILLIAMS/PEEPLES to receive or approve the items referred

1 to the Consent Calendar Addenda as indicated on the agenda. The

\ motion carried by the following vote:

I

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

f NOES:1: Peeples (Item A-4 only)

!

NOES:1: Ortiz {Items B-1 and B-2 only)

!

l

'

I

The items brought before the Board were as follows:

i

A., PLANNING COMMITTEE:

I

A-1. , Consider adoption of Resolution No. 14-048 authorizing the General

i

I

Manager, or his designee, to submit an allocation request to the

I

! Metropolitan Transportation Commission {MTC) for Regional Measure

1

J 2 (RM2) Funds and execute any documents necessary for the

I

1 Richmond Parkway Transit Center Project (Report 14-248).

i

. I

RECEIVED, APPROVED OR

ADOPTED AS INDICATED

(11)

63

A-2. Consider receipt of report on the Telegraph Avenue Complete Streets

!

Implementation Plan [Requested by Director Peeples - 5/14/14)

I

(Report 14-230). Pulled of/the agenda and continued to September 24, 2014

I

A-3. Consider receipt of the Quarterly Report on the Transbay Transit

Center Project and authorizing the Board President to sign a letter to the San Francisco Board of Supervisors to express the District's concerns regarding the Folsom Street Streetscape Plan, if warranted A-4.

A-5.

(Report 14-203).

Consider approving the reinstatement of bus service along Golf Links Road to Grass Valley Elementary School, with the use of small transit vehicles, as a one-year pilot project (Report 14-229).

Consider authorizing the General Manager to implement a one-year flex service pilot project to replace Line 275 in Newark (Report 14-247).

B. OPERATIONS COMMITTEE:

_I

B-1. B-2. 8-3. 8-4. B-5.

8.

Consider approving the award of a contract to Linde LLC to provide,

I

install, and commission an electrolyzer and buffer storage system at

'

the Seminary Division Hydrogen Fueling Station (Report 14-208). l

!

Consider approving the award of a sole source contract to S & A

I

!

Systems Inc. for software license, technical support, and provision of an

l

I

extended warranty for the Fleetwatch vehicle monitoring system and \ equipment (Report 14-242).

I

!

Consider approving the award of a contract to Taber Construction for

I

1 the District-wide Elevator Modernization Project (Report 14-240).

1 Consider authorizing the General Manager to enter into a new four-year contract with Alameda County Sheriffs Office for law enforcement services (Report 14-226).

Consider adoption of Resolution No. 14-049 approving new classification specification for Assistant Director of Maintenance 1

(Report 14-249).

CLOSED SESSION/REPORT OUT

I

Interim General Counsel Denise Standridge reported out on the i

following:

I

! !

.

'

I

MOTION: PEEPLES/WALLACE to approve settlement (compromise and

!

release) in the amount of $200,000 in the matter of Felton Amos v AC

I

!

Transit, WCAB Case No. ADJ6829222. The motion carried by the

I

following vote:

I

j

I

AYES:5: Peeples, Wallace, Ortiz, Davis, Harper ABSENT:1: Williams (out of seat), Young

I

MOTION: ORTIZ/WALLACE to approve settlement in the matter of AC

Transit v. Linde, potential litigation - case not filed, in the amount of

$105,000. The motion carried by the following vote:

Alameda-Contra Costa Transit District September 10, 2014

REPORT GIVEN

(12)

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

Report on action taken on August 13, 2014 closed session (report of final settlement):

MOTION: PEEPLES/ORTIZ to approve settlement in the amount of

$49,000 in the matter of Bhatnager v. AC Transit, et at., ACSC

HG13703557, Claim No. 12-4121. The motion carried by the following vote:

AYES:7: Peeples, Ortiz, Williams, Davis, Young, Harper, Wallace No other reports were given.

SA. Conference with Legal Counsel- Existing Litigation

(Government Code Section 54956.9 (a))

Felton Amos v AC Transit, WCAB Case No. ADJ6829222

Bhatnager v. AC Transit, et al., ACSC HG13703557 Claim No. 12-4121

SB. Conference with Legal Counsel- Potential Litigation

(Government Code Section 54956.9(b)) (Two Cases)

sc.

Conference with Labor Negotiators

(Government Code Section 54957.6):

Agency Designated Representative: David J. Armijo, General Manager

Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245, Unrepresented Employees

SD. Public Employee Performance Evaluation

(GovernmentCode Section 54957)

Title: General Manager, Interim General Counsel, District Secretary

SE. Public Employee Appointment

(Government Code Section 54957): Title: General Counsel

SF. Conference with Labor Negotiators - Board Officers

(Government Code Section 54957.6):

Agency Designated Representative: Greg Harper, Board President Title: General Manager, General Counsel, District Secretary

9. AGENDA PLANNING Referred to Operations

Director Peeples requested a report from staff on the

modifications/improvements that were made to the Gillig 1400 series buses to address complaints and issues raised by the Accessibility Advisory Committee and others about the 1300 series buses.

(13)

65 10.

11.

Director Williams requested that the District participate in Eden Area

Livability Initiative organized by Alameda County Supervisor Nate

Miley. 1

I

BOARD/STAFF COMMENTS

I

Members of the Board commented on meetings and events attended \

since the last meeting.

i

ADJOURNMENT

I

There being no further business to come before the Board of Directors,

I

the meeting was adjourned at 7:14 p.m. The next meeting of the

, Board of Directors is scheduled for Wednesday, September 10, 2014. ,

Respectfully submitted,

~

1)::/

District Secretary

(14)