MINUTES

Alameda-Contra Costa Transit District

Board of Directors Meeting

Teleconferencing

Patrisha Piras, Board President

Renaissance Hotel

999 Ninth Street NW

Washington, DC 20002

Telephone: (202) 898-9000

Fax: (202) 289-0947

Wednesday, December 3, 2003

2:00 p.m.

[Tape 1-2]

Board of Directors: Patrisha Piras, President, (Director Ward IV)

Joe Wallace, Vice President, (Director Ward I) Joe Bischofberger, Director Ward V

Greg Harper, Director Ward II Rebecca Kaplan, Director at Large

Dolores Jaquez, Director Ward III H. E. Christian Peeples, Director at Large

The Alameda-Contra Costa Transit District Board of Directors held a regular meeting on Wednesday, December 3, 2003. The meeting was called to order at 2:00 p.m. with Vice President Wallace, presiding.

Roll Call

Upon call of the roll, the following Board members responded with their names: Directors Harper, Jaquez, Bischofberger, Kaplan, Peeples, Vice President Wallace, President Piras (via teleconference) – 7

Directors Absent – None

General Counsel confirmed that all requirements of the Ralph M. Brown Act (Govt. Code sections 54950, et seq.) and the provisions of Board Policy No. 100, Section 4.8 regarding Teleconferenced Meetings were met to allow President Piras to participate in the meeting and as such all votes are required to be by roll call vote.

Public Comment: The following persons addressed the Board regarding their opposition to elimination of Lines 50 and 63:

Mary Green-Parks

Ted Burnaugh

CONSENT CALENDAR

MOTION: PEEPLES/HARPER to approve the Consent Calendar as presented (7-0-0-0). President Piras voted “No” on Item 4b.
Ayes: / Directors Peeples, Harper, Jaquez, Bischofberger, Kaplan, President Piras, Vice President Wallace - 7
Noes: / None – 0
Abstain: / None – 0
Absent: / None – 0
  1. Planning Committee (November 19, 2003 meeting)
  1. Receive Planning Committee minutes of October 8, 2003.
  2. Receive report on Short Range Transit Plan (SRTP) submittal

(GM Memo No. 03-330).

  1. Receive update on activities related to the Richmond Parkway Transit Center (GM Memo No. 03-309).

MOTION: PEEPLES/HARPER to approve minutes on Item 1a and receive reports on Items 1b and 1c as presented (7-0-0-0).

Ayes: / Directors Peeples, Harper, Jaquez, Bischofberger, Kaplan, President Piras, Vice President Wallace - 7
Noes: / None – 0
Abstain: / None – 0
Absent: / None – 0
  1. Paratransit Committee (November 19, 2003 meeting)
  1. Receive Paratransit Committee minutes of September 17, 2003.
  2. Receive FY 2003-04 1st Quarter Accessible Services Performance Indicators report (GM Memo No. 03-335).
  3. Consider Fourth Amendment to the East Bay Paratransit Consortium joint powers agreement and authorize the General Manager to execute the agreement once it has been approved by BART (GC Memo No. 03-274).
  4. Receive update regarding potential efficiency and cost saving strategies for Paratransit (GM Memo No. 03-308).
  5. Consider non-ADA mandated trip scheduling/accounting for East Bay Paratransit Consortium riders and recommended approach to AC Transit’s participation in the Alameda County Transportation Improvement Authority (ACTIA) GAP funding process (GM Memo No. 03-310).

MOTION: PEEPLES/HARPER to receive items 2a, 2b, and 2d as presented and approve Items 2c and 2e as recommended ( 7-0-0-0).
Ayes: / Directors Peeples, Harper, Jaquez, Bischofberger, Kaplan, President Piras, Vice President Wallace - 7
Noes: / None – 0
Abstain: / None – 0
Absent: / None – 0
  1. Finance Committee (November 19, 2003 meeting)
  1. Receive Finance Committee minutes for October 15, 2003.
  2. Receive Retirement Board minutes for August 11, 2003 and September 8, 2003 (GM Memo No. 03-292).
  3. Receive semi-annual Retirement Board update (GM Memo No. 03-298).
  4. Receive FY 2002-03 4th Quarter Grant Activity report (GM Memo No. 03-320).
  5. Receive monthly Financial status report (GM Memo No. 03-321).
  6. Consider adopting Resolution No. 2114 authorizing submittal of a grant application to Alameda County Transportation Improvement Authority (ACTIA), Bicycle and Pedestrian Countywide Discretionary Fund Program and authorizing the General Manager, or his designee, to execute all applicable agreements thereto (GM Memo No. 03-332).
  7. Receive report on Fare Structure and consider staff recommendation that the District should maintain its decision to withdraw from the BART Plus program (GM Memo No. 03-293a).
  8. Receive FY 2003-04 1st Quarter Employee and Non-Employee out-of-state travel report (GM Memo No. 03-322).
  9. Receive FY 2003-04 1st Quarter Travel and Meeting Expenses for the Board of Directors and Board Officers report (DS Memo No. 03-323).
  10. Receive FY 2003-04 1st Quarter Internal Audit report (GM Memo No. 03-299).
  11. Consider approving donation of surplus van to Themus Spencer Learning Center (GM Memo No. 03-324).

MOTION: PEEPLES/HARPER to receive Items 3a, 3b, 3c, 3d, 3e, 3g, 3h, 3i and 3j as presented and approve Items 3f, and 3g as recommended (7-0-0-0).

Ayes:Directors Peeples, Harper, Jaquez, Bischofberger, Kaplan, e President Piras, Vice President Wallace - 7

Noes:None – 0

Abstain:None – 0

Absent:None – 0

4.Operations Committee(November 19, 2003 meeting)

  1. Receive Operations Committee minutes for October 15, 2003.
  2. Receive update on Proof of Payment activities and implementation schedule (GM Memo No. 03-316). (President Piras voted “No”)
  3. Receive report on savings from June 2003 Service Changes and Summer Runcut (GM Memo No. 03-318).
  4. Receive update on launch of the new 511 web site (GM Memo No. 03-333).
  5. Receive update on 511 system (GM Memo No. 03-313).
  6. Consider authorizing the General Manager to join Lawrence Hall of Science, Schatz Energy Research Center and Chabot Space and Science Center in submitting a grant application for funds from the Department of Energy’s Hydrogen Education Development solicitation (GM Memo No. 03-314).
  7. Consider authorizing the General Manager to negotiate and enter an agreement for a one-year extension of the City of Berkeley Eco Pass Program (GM Memo No. 03-334).
  8. Receive FY 2003-04 1st Quarter Customer Complaints (including Accessible Services Fixed Route) report (GM Memo No. 03-311).
  9. Receive FY 2003-04 1st Quarter Operations report (GM Memo No. 03-312).

MOTION: PEEPLES/HARPER to receive Items 4a, 4b (President Piras voted “No”), 4c, 4d, 4e, 4h and 4i and approve Items 4f and 4g as recommended (7-0-0-0).

Ayes: / Directors Peeples, Harper, Jaquez, Bischofberger, Kaplan, President Piras, Vice President Wallace - 7
Noes: / None – 0
Abstain: / None – 0
Absent: / None – 0
  1. External Affairs Committee(November 19, 2003 meeting)
  1. Receive External Affairs Committee minutes of October 8, 2003.
  2. Receive Accessibility Advisory Committee Minutes for May, June, July and

September 2003. (GM Memo No. 03-319.)

  1. Receive update on Transportation Equity Act (TEA) (GM Memo No. 03- 328).
  2. Receive update on Legislation (GM Memo No. 03-300).
  3. Receive analysis of SB 916 Bridge Toll Bill (GM Memo No. 03-325).
  4. Receive information on campaign rules (GC Memo No. 03-317).
  5. Receive report on posting Budget information and Revenue and Expense
    details on the District web site and buses (GM Memo No. 03-304).

MOTION: PEEPLES/HARPER to receive Items 4a through 4g as recommended (7-0-0-0).

Ayes: / Directors Peeples, Harper, Jaquez, Bischofberger, Kaplan, President Piras, Vice President Wallace - 7
Noes: / None – 0
Abstain: / None – 0
Absent: / None – 0

REGULAR CALENDAR

  1. Consider adopting Resolution No. 2115 amending the AC Transit Retirement

Plan to reflect changes for an Early Retirement Incentive (GC Memo No. 03-344).

MOTION: PEEPLES/BISCHOFBERGER to adopt Resolution No. 2115 as amended by the changes reflected on Exhibit Two, “Designated Maintenance Superintendents” (7-0-0-0).

Ayes:Directors Peeples, Bischofberger, Harper, Jaquez, Kaplan, President

Piras, Vice President Wallace - 7

Noes:None – 0

Abstain:None – 0

Absent:None – 0

The Board will receive an update on estimated costs for the next quarterly financials and more comprehensive information when available from the actuary.

7. Consider letter to MTC regarding Regional Transportation Plan (RTP) investment
strategy (Continued from Board Meeting held on November 19, 2003).

MOTION: PIRAS/KAPLAN approve letter to MTC with modifications and authorize Vice President Wallace to sign the letter in President Piras’ absence (7-0-0-0).

Ayes:President Piras, Directors Kaplan, Harper, Jaquez, Bischofberger,

Peeples, Vice President Wallace - 7

Noes:None – 0

Abstain:None – 0

Absent:None – 0

8.External AffairsCommittee (November 19, 2003)

Consider approving the 2004 State and Federal Advocacy Programs. (GM Memo No. 03-306).

MOTION: PEEPLES/KAPLAN to approve State and Federal Advocacy Programs for 2004 as presented with the addition of an item to the State Advocacy program as follows: (7-0-0-0).

“Support legislation to provide basic liability insurance to all licensed California drivers paid for by a surcharge on the price of fuel.”

Ayes: / Directors Peeples, Kaplan, Harper, Jaquez, Bischofberger, President Piras, Vice President Wallace - 7
Noes: / None – 0
Abstain: / None – 0
Absent: / None – 0

9. Operations Committee(October 15, 2003) (Continued from Board meeting held on
November 19, 2003)

Consider recommendations from the Operations Committee on amendments to Board Policy No. 100 – Rules for Procedures (GC Memo No. 296a):

Issue 1: Use of District Letterhead: Recommending approval with the inclusion of an “exception to allow use of the letterhead for ceremonial matters or routine “thank you” letters from the President.

MOTION: JAQUEZ/HARPER to approve as recommended with the following amendment:

(a) No Director, including the Board President and Vice President,” shall use … (5-1-1-0).

Ayes: / Directors Jaquez, Harper, Bischofberger, Kaplan, Peeples - 5
Noes: / President Piras – 1
Abstain: / Vice President Wallace - 1
Absent: / None – 0

Issue 2:Criteria for placing items on the agenda and time schedule for Committee/Board Meetings: Recommend full Board discussion on the concept and rotation issue but include the recommendation that Closed Sessions be kept together with the Board meetings.

Item withdrawn by Director Jaquez.

Issue 3:Allocating Directors time during public comment to respond to comments from the public received at a public hearing: Recommend support of staff’s recommendation.

Motion by Director Peeples, seconded by Director Bischofberger to approve recommendation with a modification to include that Board comments should be limited to two (2) minutes after the public hearing, was withdrawn following further discussion.

MOTION: HARPER/KAPLAN to approve as presented (7-0-0-0).

Ayes: / Directors Harper, Kaplan, Jaquez, Bischofberger, Peeples, President Piras, Vice President Wallace - 7
None – 0
Abstain: / None – 0
Absent: / None – 0

Issue 4:Report on feasibility of amending policy on speaker time limits to two minutes: Recommend two minutes for all speakers for public hearings as well as public comment with discretion to increase the time as appropriate.

MOTION: PIRAS/KAPLAN to approve as presented (7-0-0-0).

Ayes: / President Piras, Directors Kaplan, Harper, Jaquez, Bischofberger, Peeples, Vice President Wallace - 7
Noes: / None – 0
Abstain: / None – 0
Absent: / None – 0
  1. Consider discussion concerning the Board Retreat scheduled for February 11,

2004

Received a report from the Board Retreat Committee (Directors Jaquez, Harper and Vice President Wallace). The Committee met and reported that in preparation for the retreat, materials developed by APTA and a questionnaire developed by TCRP Project H-24A, “Assessing the Effectiveness of Public Transit” would be distributed to Board members and Executive staff requesting their input and responses by December 10th. The Committee expects to draft an agenda based on the responses received, after which the Committee will teleconference with Jerry Estenson to finalize the agenda. The Retreat Committee will provide an update to the Board at the January 7, 2004 meeting.

  1. Consider date for a joint meeting between the AC Transit Retirement Board and

the AC Transit Board of Directors.

Consensus to provide the following dates to the Retirement Board for their consideration for a joint meeting:

March 24, 2004

March 31, 2004

January 28, 2004

12.Receive semi-annual Board Liaison reports. [Tape 2 – 1130]

  1. Alameda County CMA – President Piras (Director Jaquez)
  2. ABAG – Director Kaplan (Director Jaquez)
  3. MIS PSC – Directors Harper, Jaquez, Piras (Director Kaplan)
  4. South County PAC – Director Bischofberger, Peeples (Piras)
  5. Transbay Task Force – Director Kaplan (Director Harper)

The General Manager will assign staff to monitor ABAG agendas, especially for Wednesday meetings. Upon Director Kaplan’s request, it was agreed to change the primary representative on the Transbay Task Force from Director Kaplan to Director Harper. Director Kaplan will be the alternate for this committee.

Schedule a report to the Board in March 2004 for both the ABAG and Transbay Task Force Committees.

13.Announcement of Nominating Committee for Board President and Vice President for calendar year 2004. (verbal)

Following confirmation of acceptance from Directors Peeples and Harper, President Piras announced that the nominating committee will consist of Director Peeples as Chair and Director Harper and President Piras as members. The Committee will report back to the Board in January.

14.Report on action(s) taken during Closed Session [Will be reported after theconclusion
of Closed Session.]

Closed Session was cancelled.

Board/Staff Comments (Government Code Section 54954.2)

Agenda Planning

Referred to Board

Request preparation of Resolution honoring Miriam Hawley on her retirement (Requested by Director Kaplan – 12/3/03).

Referred to Paratransit

Review options for the East Bay Paratransit Consortium (EBPC) JPA to get broad public involvement other than SRAC (Requested by President Piras – 12/3/03).

CLOSED SESSION: [CANCELLED]

Conference with Legal Counsel – Anticipated Litigation

(Initiation of litigation pursuant Government Code Section 54956.9 Subdivision (c) One case.

Conference with Legal Counsel – Existing Litigation

(Government Code Section 54956.9 Subdivision (a)

Livable Streets Network et al v. ACT (ACSC No. RG0386477)

Conference with Labor: (Government Code Section 54957.6)

Agency Negotiator:General Manager

Employee Organization:Paratransit, Local 192, ATU Local 192,

AFSCME, Local 3916; IBEW, Local 1245

Unrepresented Employees

Public Employee Performance Evaluation:(Government Code Section 54957)

Title:General Manager

Title: General Counsel

Title: District Secretary

Adjourned at 4:42 p.m.

Respectfully submitted,

Rose Martinez

District Secretary

AC Transit District

Board of Directors Meeting December 3, 2003 Page 1 of 9