minutes - ac transit · 2017. 10. 19. · fares for fy 2018-19 through fy 2022-23(report 17-234a)....
TRANSCRIPT
BOARD OF DIRECTORS
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
MINUTES
Regular Meeting of the Board of DirectorsAC Transit General Offices
2nd Floor Board Room1600 Franklin Street
Oakland, CA 94612
Wednesday, September 27, 2017 at 5:00 p.mClosed Session: 4:00 p.m. (Items 7A-7C)
MEMBERS OF THE BOARD OF DIRECTORS
ELSA ORTIZ, PRESIDENT (WARD 3)JOE WALLACE, vice PRESIDED'r (WARD i)
GREG HARPER (WARD 2)MARK WILUAMS (WARD 4)
JEFF DAVIS (WARD 5)H. E. CHRISTIAN PEOPLES (AT-LARGE)
JOEL YOUNG (AT-LARGE)
BOARD OFFICERS
MICHAEL A. HURSH, GENERAL MANAGER
DENISE C. STANDRIDGE, GENERAL COUNSEL
LINDA A. NEMEROFF, DISTRICT SECRETARY
Alameda-Contra Costa Tra nsit District September 27, 2017 Page I of 16
BOARD OF DIRECTORS MEETING -- ELSA ORTIZ, President
Wednesday, September 27, 2017 at 5:00 p.m.
ACTION
SUMMARY
The Alameda-Contra Costa Transit District Board of Directors held aregular meeting on Wednesday, September 27, 2017.
The meeting was called to order at 4:02 p.m. for the purpose ofClosed Session. All Board members were present with the exceptionof Director Wallace who arrived at 4:05 p.m. and Director Williamswho arrived at 4:15 p.m. The District Secretary announced that theBoard would convene in Closed Session to discuss Items 7A-C as listed
on the agenda. Closed Session concluded at 4:35 p.m.
President Ortiz called the Board of Directors meeting to order at 5:00p.m.
l ROLL CALL
Present: Harper, Williams, Davis, Peeples, Young, Wallace, Ortiz
2. i PRESENTATION
2A. I Results of the General Public Perception Study (Report 17-251). INFORMATIONONLY
Marketing and Communications Director Michele Joseph introducedSara LaBatt of EMC Research who presented the results of the study.
Director Peeples and President Ortiz asked why the attribute of beingfinancially sound and well managed was identified as an area thatneeded improvement. Ms. LaBatt advised that the rating this attributereceived was not negative, but was an area that showed room forgrowth.
Director Peeples had similar concerns with the rating for technologicaladvancements, noting his feeling that AC Transit was one of the mosttechnologically advanced bus systems in the world. Ms. LaBatt repliedthat because the study focused on community perceptions, some ofthe participants did not ride AC Transit or knew very little about it.
Director Williams requested survey information broken down by wardto which Ms. LaBatt advised that the information would be provided.Director Williams asked what could be done to improve theeffectiveness of social media. Ms. LaBatt advised that the social media
and online numbers, when combined, were climbing.
Director Harper asked about the issue of safety and whether peoplewere concerned about personal safety or safety in broader sense. Ms.Joseph advised that the next study could delve deeper into this subject.
Ala meda-Contra Costa Transit District September 27, 2017 Page 2 Of 16
Director Harper added that he would like to develop a survey thatfocused on areas where AC Transit may not be performing well.
President Ortiz noted that the study appeared to reflect that ridershipwas up by 7% and asked the General Manager to comment. GeneralManager Michael Hursh advised this number was a reflection of thestudy participants and did not correlate to actualridership.
President Ortiz also felt that improvement was needed in the area ofcustomer service as it impacts the perception people have of ACTransit. She also felt it was surprising that only 19% of respondentsreported hearing about AC Transit, adding that AC Transit shouldreceive more recognition when it does positive things in thecommunity such as bus bridges for other transit agencies or forproviding bus service to schools. Mr. Hursh advised that he would liketo see a focus on promoting good news stories about the agency andits employees.
The item was presented for information only
3 PUBLIC COMMENT
- Aleta Dupree addressed the Board concerning technologicaladvancement and awareness, noting that an app would be moreconvenient for Clipper instead of paper tickets. It would also savetime and speed up service
- David Vartanoff addressed the Board concerning the issue of therear doors on the Van Hool buses, suggesting that the Boardconsider the policy issue of opening the rear doors.
4. MODIFICATIONS TO THE AGENDA ! MODIFICATIONS
President Ortiz announced that Item 51 (Rubberized Grant Pavement I ANNOUNCED
Program) was removed from the agenda.
5 CONSENT CALENDAR
MOTION: PEEPLES/WALLACE to approve or receive the items on theConsent Calendar as indicated with the exception of Items 5A and 5Ewhich were pulled off the consent calendar for discussion by DirectorHarper and President Ortiz respectively. Item 51 was pulled off theagenda. The motion carried by the following vote:
RECEIVED OR
APPROVED ASINDICATED
AYES:7: Peeples, Wallace, Harper, Williams, Davis, Young, Ortiz
5A. I Consider approving Board of Directors/Board Officers Retreat I PULLEDOFFTHE
minutes of August 30, 2017. AGENDA
Director Harper pulled Item 5A off the agenda to inquire why theminutes did not reflect comments from Board members with respect I
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to the discussion on the budget. District Secretary Linda Nemeroffadvised that the minutes were not verbatim, but rather a summary ofthe discussion. She suggested that the minutes be pulled off theagenda and be brought back after additionalreview.
Consider approving Board of Directors minutes of September 13,2017.
Consider authorizing Director Peeples and the General Manager totour the New Flyer bus manufacturing facility in Anniston, Alabamaon October 12-13, 2017 (Report 17-281).
5B
5C.
5D.
5E.
Consider receiving Accessibility Advisory Committee minutes of June13, 2017 (Report 17-201). 1
Consider receiving Retirement Board minutes of August 11, 2017(Report 17-282).
RECEIVED
President Ortiz pulled Item 5E off the agenda to call attention to astatement in the minutes that indicated that the District may berequired to pay up front for settlements concerning retirement.
MOTION: PEEPLES/WILLIAMS to receive the Retirement Board minutesas presented. The motion carried by the following vote:
AYES:7: Peeples, Williams, Harper, Davis, Young, Wallace, Ortiz
5F Consider receiving the Monthly Report on Investments for July 2017(Report 17-246).
5G Consider approving amendments to Board Policy 311 -- Budgets, andthe repealof Board Policy 318 -- Hiring of Operators and Maintenance(Service) Employees Above Budgeted Levels (consolidation withPolicy 311) (Report 17-091).
5H Consider authorizing the General Manager, or his designee, to file andexecute applications and funding agreements with the MetropolitanTransportation Commission under a new regional grant programcalled Innovative Deployments to Enhance Arterials (IDEA) (Report17-278).
51 Consider adoption of authorizing the GeneralManager or his designee to file and execute applications and fundingagreements with the California Department of Resources Recyclingand Recovery for the FY 2018 Rubberized Pavement Grant Program(Report 17-274).
PULLED OFF THEAGENDA
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5J Consider approving amendments to Board Policies 460 and 466, SmallLocal Business Enterprise Policy and Disadvantaged BusinessEnterprise Po[icyIRequested by Director Wi[[iams - 4/26/17](Report17-176).
Consider approving amendments to Board Policy 236 Disability andLeave of Absence Policy (Report 17-238).
REGULAR CALENDAR i
5K
6.
External Affairs Items:
6A. I Consider receiving the Monthly Legislative Report and approval oflegislative positions(Report 17-239).
RECEIVED
Director of Legislative Aff airs and Community Relations Beverly Greene
presented the staff report.
MOTION: PEEPLES/WALLACE to receive the Monthly Legislative ReportThe motion carried by the following vote:
AYES:7: Peeples, Wallace, Harper, Williams, Davis, Young, Ortiz
Finance and Audit Items:
6B. I Consider and discuss the alternatives regarding adjusting Transbayfares for FY 2018-19 through FY 2022-23(Report 17-234a).
RECEIVED
Director of Management and Budget Chris Andrichak presented thestaff report, giving an overview of the three fare scenarios underconsideration, noting that staff was seeking clear direction from theBoard as to which proposal would be subject to a public hearing inJanuary of 2018. He also discussed the limitations associated withzone-based fa res.
President Ortiz requested a more thorough overview of the staff's"Recommended" fare proposal, which was given by Mr. Andrichak. Headded that a larger increase was reasonable in the first year given theamenities that would be offered in the new terminal.
Director Peeples agreed with a larger fare increase up front becauseriders will benefit from the amenities offered at the new terminal. Hefurther requested that staff continue to investigate the idea of zone-based fares, noting that the District should not be constrained by theabilities of Clipper. Mr. Andrichak advised that staff would continue toinvestigate.
Vice President Wallace requested more Transbay service in his wardbecause it is more affordable to live in West Contra Costa County.
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Director Harper commented on the need to track demographics withinthe service area, noting that people were relocating faster than theycan be tracked.
Director Harper also asked why staff planned to hold a public hearingnow for fares that would go into effect in 2023. General CounselDenise Standridge advised that the Board was being asked to considera proposed Transbay Fare Schedule for financial planning purposes inan effort to pay off the debt on the new terminal early. DirectorHarper felt it would be prudent to have more flexibility in setting faresbecause he anticipated more demand for the service in the future, andhe felt that the District was greatly underselling the service. He also feltthat providing a high quality service was valuable and would warrant ahigher fare. He supported Alternative #2 as outlined in the staff reportto adjust assumptions in the model.
General Manager Michael Hursh advised that the Board would not be
locked into a fare policyand could lookat it at anytime. He added thata schedule is transparent and communicates to all riders at all incomelevels where we predict our finances will be. It also communicates to
funding partners that AC Transit has a multi-year plan.
Director Young agreed with Director Harper in feeling that the servicewas being undervalued, noting that the Board should have gone withthe original recommendation, especially when evaluating what otheragencies charge.
Mr. Andrichak responded that if the service is undervalued, then theBoard should go with the "Recommended Scenario", which front loads
the fares. A five year schedule would also provide the District with abaseline with which to study and plan future service
Public Comment:
- Aleta Dupree addressed the Board concerning the report and otherissues that would need to be addressed such as a reduced faremonthly pass for Transbay and zone-based fares.
David Vartanoff addressed the Board regarding fare elasticity, notingthat no transit agency in the country operated solely off the farebox.It was also pointed out that if AC Transit didn't have adequateservice during the middle of the day, asking people to pay more forthe rush hour service would not be received well.
MOTION: WILLIAMS/PEEPLES to select the "Recommended Scenario"
for further consideration. The motion carried by the following vote:
AYES:6: Williams, Peeples, Young, Davis, Peeples, OrtizABSTAIN :l: Wallace
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6C. I Consider receiving the Fiscal Year End Budget Update comparing theFiscal Year 2016-117 Mid-Year Budget to preliminary and unauditedactual results(Report 17-215).
RECEIVED
Director of Management and Budget Chris Andrichak presented thestaff report.
Director Harper advised that he was pleased to see that the District'scontribution to the capitalprogram would occur on a cash flow basis.
Vice President Wallace requested a list of expenditures by ward, towhich General Manager Michael Hursh advised that staff wouldattempt to provide the requested information for the capitalprogram.
MOTION: WILLIAMS/PEEPLES to receive the Fiscal Year End BudgetUpdate comparing the Fiscal Year 20].6-17 Mid-Year Budget topreliminary and unaudited actual results. The motion carried by thefollowing vote:
AYES:7: Williams, Peeples, Harper, Davis, Young, Wallace, Ortiz
Planning Items:
6D. I Consider receiving the monthly construction progress report andbudget update on the East Bay Bus Rapid Transit (BRT) Project(Report 17-248).
RECEIVED
BRT Senior Project Manager Mitra Moheb and External Aff airsRepresentative Claudia Burros presented the staff report. ContractsCompliance Administrator Phillip McCants reported on the progressmade toward meeting workforce goals.
President Ortiz continued to express serious concerns about the costsassociated with a December 2019 revenue service date and the need
to extend professional service contracts through that date. Ms. Mohebexplained that many of the contracts would need to remain in place inorder to handle additional issues that arose through the close of theproject. Director of BRT David Wilkins advised that the revenue servicedate was extended in the Project Completion Plan approved by theBoard and submitted to the FederaITransit Administration, adding thatthere was a lag time between construction completion and revenueservice. General Manager Michael Hursh reported that staff was Iworking diligently to recover some of the slip in the constructionschedule and that the December 2019 revenue service date was the iworst case scenario. I
President Ortiz also asked if staff had followed-up on the suggestionthat someone from the project be onsite at the West Oakland Job
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Resource Center. Director of Legislative Aff airs and CommunityRelations Beverly Greene reported that staff had not acted on thesuggestion as of yet, but would discuss it internally and get back to theBoard.
Director Peeples inquired about the availability of software to trackgood faith efforts by the construction contractor in meeting workforcegoals and was advised by Mr. McCants that no software existed;
however, staff had created a standardized process to capture therequired information.
MOTION: ORTIZ/WALLACE to receive the monthly constructionprogress report and budget update on the East Bay Bus Rapid TransitProject. The motion carried by the following vote:
AYES:7: Ortiz, Wallace, Harper, Williams, Davis, Young, Peeples
6E Consider receiving a project update on the South County CorridorsTransit Performance Initiative Project, and authorize the GeneralManager to execute a cooperative agreement with the Cities ofHayward, San Leandro, Union City and the County of Alameda; and anOperations Agreement with Caltrans (Report 17-247).
APPROVED
Planning Manager Jim Cunradipresented the staff report
Director Williams asked if any senior centers would be affected by theproject. Mr. Cunradi advised that there would be minimal impact tobus stops.
President Ortiz wanted assurance from the General Counsel that she
had reviewed and approved the agreements, to which Ms. Standridgeadvised that she had. President Ortiz also asked about AC Transit'scontribution of matching funds and whether the other cities had beenasked to contribute more money. Director of Management and BudgetChris Andrichak advised that the project was mostly federally funded,and while some of the partner agencies had provided matching funds,the District would have to fund the remainder. President Ortiz wantedto make sure that the service would be evaluated to ensure it was
performing as planned. Mr. Andrichak advised that the immediateeffects of the project would be evaluated initially and would bemonitored continuously thereafter.
Director Williams asked that staff be mindful of providing contractingopportunities for Disadvantaged Business Enterprises and SmallBusiness Enterprises.
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MOTION: WALLACE/WILLIAMS to receive the project update on theSouth County Corridors Transit Performance Initiative Project, andauthorize the General Manager to execute a cooperative agreementwith the Cities of Hayward, San Leandro, Union City and the County ofAlameda; and an Operations Agreement with Caltrans. The motioncarried by the following vote:
AYES:7: Wallace, Williams, Harper, Davis, Young, Peeples, Ortiz
6F. I Consider receiving the 2017 Annual Ridership and Route PerformanceReport in accordance with Board Policy 545 - Service Standards andDesign Policy(Report 17-268).
RECEIVED
Manager of Systems Analysis CampbelIJ ung presented the staff report
Director Davis asked how staff would address low ridership numberson low density routes in Ward 5. Director of Service Development andPlanning Robert del Rosario reported that there was a decline inridership because Northwestern Polytechnic University had lost itsaccreditation and student population had declined. He added that staffwould bring a report to the Board in a few months on possible ways toaddress the problem through Flex service
Director Peeples asked staff to address the problems with Line 215 andthe opening Warm Springs BART station. Mr. del Rosario advised thatthat the District had received more requests for service to the WarmSprings BART station from the south and that staff hoped to establishzones for Flex service in this area. The City of Fremont is also exploringits own shuttle solution.
President Ortiz asked why Line NX4 was listed as one of the bottomperforming routes. Mr. del Rosario responded that while the NX4 hadgood ridership on some peak trips, it was less full on other trips for alonger period of time because it is such a long route
Director Williams asked about the impact of AC Go on CentraIAlamedaCounty. Mr. del Rosario advised that he hoped to see ridership increasebecause some routes would have more frequency and would be morelegible for riders.
Director Harper commented on the drop in ridership on Line 72R. Mr.del Rosario explained that this was attributable to the elimination ofthe IR. Director Harper also commented that more investigation wasrequired when ridership decreases on lines that already have frequentservice. He further complimented staff on the thoroughness of thereport.
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Public Comment:
David Vartanoff addressed the Board concerning the large ridershiplosses on Lines I and 6, noting a large drop in riders over the lasttwo years. It was also pointed out that Line 51ridership was down.Comments were also registered about the lack of response fromthe Board on the ridership losses.David Bush addressed the Board concerning Lines 72R and I andwhy Van Hool buses were being dispatched on those lines on hotdays. As a customer, the issue of safety needed a response
CONSENSUS to receive the 2017 Annual Ridership and RoutePerformance Report in accordance with Board Policy 545 -- ServiceStandards and Design Policy. (7-0).
6G. I Consider receiving update on the operational readiness of theTransbay Transit Center(verbal).
RECEIVED
Executive Director of Planning and Engineering Rama Pochiraju gave averbal update on the operational readiness of the Transbay TransitCenter, including construction progress, delays in bus deck testing, busramp striping and modification issues, and the opening of the busstorage facility in July 2018.
With respect to the issue of bus ramp striping and modification, Mr.Pochiraju advised that District staff had taken initialsteps to coordinatewith Caltans, San Francisco Municipal Transportation Agency, and theTransbay Joint Powers Authority (TJPA) in starting the mitigation designinitiative, which the Board would be asked approve funding for later inthe meeting. He added that staff would also work with the regionalpartners and the TJPA to help fund the design and construction. Inaddition, the Bus Storage Faci]ity is on schedu]e to open in Ju]y 20].8.Staff was also working with WestCat, MUNI, and Greyhound onoperations and maintenance costs and hoped to bring subleases to theBoard in January. The District will vacate the Temporary Terminal onceit is satisfied that it can operate safely from the new terminal with noinconvenience to passengers.
President Ortiz asked about the operations and maintenanceagreements with other agencies. General Manager Michael Hurshadvised that the goal was to minimize the amount of money transitagencies had to pay to operate in the terminal. He further advised thatthere was an existing agreement in place; however, other transitoperators were uncomfortable, indicating they may not be able to payto operate out of the terminal.
Senior Transportation Planner Linda Morris clarified that AC Transitwas the main leaseholder in an agreement with the TJPA. AC Transit,
Alameda-Contra Costa Transit District September 27, 2017 Page 10 of 16
in turn, would enter into sub-leases with the other transit operatorsand would proportionately divide the remaining operations andmaintenance costs for use of the bus deck. Mr. Hursh added that he
was concerned about the ability of other agencies to pay, noting thatthe actual costs greatly exceed what was forecasted when theagreement was signed. He further advised that staff from AC Transit,MTC and TJPA were meeting to discuss this issue as well as the realfinancial implications.
Director Harper offered that operations and maintenance costs werenow an issue because of the lack of rail, which would hurt theterminal's ability to draw rental income from retail. What he felt wasdetrimentalto AC Transit at this point and needed to be reversed wasthe reallocation of $5 million in revenue from naming rights to tenantimprovements, which should be considered a capital expense. Mr.Hursh advised that the Metropolitan Transportation Commission wasworking on a long-term funding plan with Regional Measure 3 funds.Staff is attempting to resolve this matter at the staff level beforebringing a recommendation to the Board.
MOTION: WILLIAMS/HARPER to receive the report. The motion carriedby the following vote:
AYES:7: Williams, Harper, Davis, Young, Peeples, Wallace, Ortiz
6H. iConsider amending the Capital Improvement Program to include aproject for the design of improvements to the Salesforce (Transbay)Transit Center on-ramp with a budget of $200,000 (Report 17-283).
APPROVED
Director of Management and Budget Chris Andrichak presented thestaff report.
President Ortiz asked who owned the bridge on-ramp, who is liable fora situation that creates an unsafe condition, and who was responsible Ifor fixing it. Mr. Andrichak advised that the ramp was owned byCaltrans. GeneralCounsel Denise Standridge advised that it would be inthe best interest to have a redesign of the on-ramp. General ManagerMichael Hursh advised that he did not see the ramp as theresponsibility of AC Transit, but since no one has stepped up to takeownership, he would like AC Transit to assume a leadership role incorrecting the situation.
MOTION: WALLACE/ORTIZ to approve amending the CapitalImprovement Program to include a project for the design ofimprovements to the Salesforce (Transbay) Transit Center on-rampwith a budget of $200,000. The motion carried by the following vote:
Ala meda-Contra Costa Transit District September 27, 2017 Page 1l of 16
AYES:7: Wallace, Ortiz, Harper, Williams, Davis, Young, Peeples
Operations Items:
61. I Consider adoption of Resolution No. 17-040 approving amendmentsto Board Policy 296 - Personnel Policies for Unrepresented Employees(Report 17-031a).
ADOPTED
[Written comments received prior to the meeting are incorporated intothe file by reference.]
General Counsel Denise Standridge presented the staff report andproposed additionalamendments as follows:
Section I.I.C.: Definition ofAt-Will Employee - Fourth Line".. or any employee hired or promoted into..." changed to "or ang!!!plQyee. h red after September..27, 2017 who is hired for or
Ms. Standridge also requested clarification from the Board that anycurrent employee, with respect to the above referenced amendment,meant any employee irrespective of whether they were represented orunrepresented. Members of the Board confirmed this was theirunderstanding.
Section I.I.D.: Temporary
Ms. Standridge recommended that changes with respect to temporaryemployees be removed from the current policy amendment due toconflicts with other policies and internal processes.
MOTION: WALLACE/YOUNG to adopt BQSQlytion No. 17-040 approvingamendments to Board Policy 296 - Personnel Policies forUnrepresented Employees. The motion carried by the following vote:
AYES:7: Wallace, Young, Harper, Williams, Davis, Peeples, Ortiz
6J Consider adoption of Resolution No. 17-042 approving the newclassification specification of Deputy District Secretary (Report 17-286).
ADOPTED
There was no presentation of the staff report
MOTION: ORTIZ/WILLIAMS to adopt Resolution No. 17-042 approvingthe new classification specification of Deputy District Secretary. Themotion carried by the following vote:
AYES:7: Ortiz, Williams, Wallace, Harper, Davis, Young, Peeples
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6K. I Consider adoption of BQ$QIUlipil lyQ: !Z Q41 approving amendmentsto Board Policy 410 - Construction Careers Policy for the Bus RapidTransit Project(Report 17-252).
ADOPTED
Contracts Compliance Administrator Phillip McCants presented thestaff report.
MOTION: PEEPLES/WALLACE to adopt llQ$QIUtip blQ: !7 Q41
approving amendments to Board Policy 410 -- Construction CareersPolicy for the Bus Rapid Transit Project. The motion carried by thefollowing vote:
AYES:7: Peeples, Wallace, Harper, Williams, Davis, Young, Ortiz
6L. Consider authorizing the General Manager to exercise a five-yearcontract option with Cypress Private Security (Report 12-192b).
At 7:45 p.m., prior to the discussion of Staff Report 12-192b, VicePresident Wallace announced that he would recuse himself due to aconflict of interest and left the dais.
APPROVED
There was no presentation of the staff report
President Ortiz asked if staff had evaluated the performance of thecontractor. Executive Director of Safety, Security and Training StevenKeller advised that performance was reviewed continuously and thatproblems with the service and personnel were immediately addressedby Cypress Security. Evaluation of performance was an ongoingprocess.
Director Young inquired if the Board was being asked to approve theextension because of cost, noting that the staff report pointed toperiods of inferior service by Cypress. General Manager MichaeIHurshcommented that the District's oversight and management of thecontract had significantly improved over the past couple of years. Headded that the contractor now utilized an on-site project manager andthe District has made its expectations of better service clear. Hefurther commented that staff aimed to be transparent about thecontractor's past performance
Director Williams asked staff to provide details on some of theperformance problems, to which Mr. Keller gave examples, noting thatperformance problems generally arose during periods of poorsupervision .
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MOTION: ORTIZ/PEEPLES to authorize the GeneraIManager to exercisea five-year contract option with Cypress Private Security. The motioncarried by the following vote:
AYES:6: Ortiz, Peeples, Harper, Williams, Davis, YoungABSENT:l: Wallace
Vice President Wallace returned to the dais at 7:52 p.m
6M Consider approving the purchase of new network routers and voicegateways to support the Ellipse Enterprise Asset Management Systemusing the National Joint Powers Alliance agreement from the ValueAdded Reseller CDW-G (Report 17-272a). /Cont/Dyed /rom the September13, 2017 Board of Directors meeting.]
APPROVED
Chief Information Officer Ahsan Baig introduced Enterprise Network IEngineer Mike Carvalho who presented the staff report.
MOTION: PEEPLES/WALLACE to approve the purchase of new networkrouters and voice gateways to support the Ellipse Enterprise AssetManagement System using the National Joint Powers Allianceagreement from the Value Added Reseller CDW-G. The motion carriedby the following vote:
AYES:7: Peeples, Wallace, Harper, Williams, Davis, Young, Ortiz
Board Administrative Matters
6N. I Discussion regarding the scope of the AC Transit District Parcel TaxOversight Committee, and consider directing staff to annually provideinformation to the Committee on the percentage of unrestrictedfunds allocated to Special District Nos. I and 2 (Report 17-285).
DIRECTIONGIVEN
Chief Financial Officer Claudia Allen advised the Board that the Parcel
Tax Fiscal Oversight Committee had requested an annual report onunrestricted funds allocated to each District. She also requested thatthe Board authorize staff to provide the draft Comprehensive AnnualFinancial Report to the Committee before it was provided to the Boardof Directors, adding that the report could be provided to the Board atthe same time it was provided to the Committee.
President Ortiz reported that one of the Committee members hadraised concerns regarding the scope of the Committee's mandate.General Counsel Denise Standridge advised that Committee's role wasto oversee the expenditure of parcel tax monies in Special District I foroperations and maintenance activities, which included activitiesnecessary to provide bus service such as equipment, supplies, fuel and
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lubricants, personnel, compensation and payment for andmaintenance of facilities in Special District One. She added that theCommittee did not have to approve of the way the funds were spent,but did have to determine whether the funds were spent for thepurpose intended by the tax.
Director Peeples felt it was appropriate for the Committee to view theexpenditure of parceltax funds as to: 1) whether the amount spent onoperations and maintenance in Specia] District]. exceeded the amountof tax collected, or 2) whether the amount of revenues received fromSpecial District 2 met or exceeded the level of service being provided.He also felt that at least one member of the Committee had anexaggerated view of the Committee's role. President Ortiz raisedsimilar concerns.
Vice President Wallace expressed contempt with the notion that somemembers of the Committee felt they had more power than what wasgranted under the measure
Director Davis felt the Board should clarify the Committee's mandate
Director Harper had no objection to providing the requestedinformation to the Committee
MOTION: PEEPLES/WALLACE to uphold the General Counsel's opinionregarding the powers of the Parcel Tax Fiscal Oversight CommitteeThe motion carried by the following vote:
AYES:7: Peeples, Wallace, Harper, Williams, Davis, Young, Ortiz
MOTION: PEEPLES/WALLACE to direct staff to annually provideinformation to the Parcel Tax Fiscal Oversight Committee on thepercentage of unrestricted funds allocated to Special District Nos. Iand 2 as well as the draft Comprehensive Annual Financial Reportbefore it is formally presented to the Board. The motion carried by thefollowing vote:
AYES:7: Peeples, Wallace, Harper, Williams, Davis, Young, Ortiz
7. CLOSED SESSION/REPORT OUTThere was nothing to report out of Closed Session.
NO REPORT
GIVEN
7A. Conference with Legal Counsel - Potential LitigationIGovernment Code Section 54956.9(b)) (Two Cases)
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7B Conference with Labor NegotiatorsIGovernment Code Section 549S7.6l:Agency Designated Representative: GeneraIManagerEmployee Organizations: ATU Local 192, AFSCME Local 3916,Unrepresented Employees
BEW Local 1245,
7C. Public Employee Performance EvaluationIGovernment Code Section 54957)Title: GeneraIManager, GeneralCounsel, District Secretary
8. ! AGENDA PLANNING
Director Harper requested a report on the progress made by the City ofOakland to install boarding islands on Telegraph Avenue. (PresidentOrtiz concurred)
Vice President Wallace requested a report on eligibility requirementsfor the Safe Driver Award Program.
9 GENERAL MANAGER'S REPORT E INFORMATION
The General Manager's report and budget summary was presented for ONLYinformation only and is incorporated into the file by reference as StaffReport 17-301.
10. BOARD/STAFF COMMENTSMembers of the Board commented on meetings and events attendedsince the last meeting
11 ADJOURNMENT
There being no further business to come before the Board of Directors,the meeting was adjourned at 8:15 p.m. The next meeting of the Boardof Directors is scheduled for Wednesday, October 25, 2017 at 5:00 p.m.
Respectfully submitted,
Linda A. Nemeroff
District Secretary
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