AGENDA Special Board of Directors Meetings - AC Transit

AGENDASpecial Board of Directors MeetingsAlameda-Contra Costa Transit District10 th Floor Conference Room/2 nd Floor Board Room1600 Franklin StreetOakland, CA 94612Wednesday, November 18, 200910:00 a.m. and 6:00 p.m.Board of Directors:Ryan “Rocky” Fernandez, President (Director Ward IV)H. E. Christian Peeples, Vice President (Director at Large) Elsa Ortiz, Director Ward IIIJoe Wallace, Director Ward IJeff Davis, Director Ward VGreg Harper, Director Ward IIJoel B. Young, Director at LargePlease set cell phones and pagers on silent mode as a courtesy to those in attendanceRoll Call10:00 A.M. SPECIAL BOARD OF DIRECTORS MEETING10 TH FLOOR CONFERENCE ROOMPublic CommentAny person may directly address the Board at this time on any item of interest to the public that is within thesubject matter and jurisdiction of the Board. Speakers wishing to address a specific agenda item will be invitedto address the Board at the time the item is being considered. All individuals addressing the Board should limittheir comments to 2 minutes.1. Retirement Board Interviews:• Receive AC Transit District Retirement Board applications and conduct interviews ofapplicants for one public representative.• Consider adoption of Resolution No. 09-059 appointing one public memberrepresentative to fill a vacancy on the Alameda-Contra Costa Transit DistrictRetirement Board for a term expiring on March 31, 2011 (DS Memo No. 09-274a).RECESS6:00 P.M. SPECIAL BOARD OF DIRECTORS MEETING2 ND FLOOR BOARD ROOMRoll CallPublic CommentAny person may directly address the Board at this time on any item of interest to the public that is within thesubject matter and jurisdiction of the Board. Speakers wishing to address a specific agenda item will be invitedto address the Board at the time the item is being considered. All individuals addressing the Board should limittheir comments to 2 minutes.AC Transit DistrictBoard of Directors November 18, 2009 Page 1 of 4

Introduction of Thomas Prescott, Labor Attorney, by General Counsel Ken ScheidigConsent CalendarItems listed under the Consent Calendar are considered to be routine and may be enacted by one motion/onevote. If discussion is desired, an item may be removed from the Consent Calendar and will be consideredindividually.1. Finance and Audit Committee (October 28, 2009 Meeting) Recommendations:Receivea. Finance and Audit Committee minutes of September 30, 2009 and October 14,2009.b. Monthly report on the budget and ten-year projections (GM Memo No. 09-244).c. Report on Titan Outdoor’s Subcontracted Operating Expenses and Small LocalBusiness Enterprise (SLBE) Participation for the Quarter July – September 2009(GM Memo No. 09-245).Approved. Disposal of four (4) Gilligs, two (2) Flyers and seven (7) non-revenue vehicles(GM Memo No. 09-248).2. Planning Committee (October 28, 2009 Meeting) Recommendations:Receivea. Planning Committee minutes of September 30, 2009.b. Report on results of analysis of Hastus ATP data sources (GM Memo No. 09-250).3. Board Mattersa. Consider approving Board of Directors minutes of October 28, 2009.b. Consider approving Board of Directors minutes of November 4, 2009.Board Workshop4. Consider receiving report regarding the Revised 2009 Service Adjustments Plan andprovide direction to staff on the revised service proposals (GM Memo No. 09-217d).Regular Calendar5. Consider adoption of Resolution No. 09-060 affirming the AC Transit Board ofDirectors’ compliance with the conditions as established by the MetropolitanTransportation Commission (MTC) regarding the receipt of Congestion Mitigation andAir Quality funds (GM Memo No. 09-278).6. Consider approving recommendations for the scope and duration of the Funding TaskForce and the process to appoint members (GM Memo No. 09-276).AC Transit DistrictBoard of Directors November 18, 2009 Page 2 of 4

7. Consider receiving report and possible options to facilitate the flow of materials,information, and recommendations between the Policy Steering Committee (BRT) andthe AC Transit Board of Directors (Requested by Director Peeples – 7/08/09) (GM MemoNo. 09-204a). [Planning committee recommendation of October 28, 2009 to receive the report].Staff Contact: Nancy Skowbo, 891-47168. Consider adoption of Resolution No. 09-054 authorizing the General Manager to fileand execute applications and funding agreements with the California Department ofTransportation and the Metropolitan Transportation Commission (MTC) for allocationsof FY 2009-10 Public Transportation Modernization, Improvement, and ServiceEnhancement Program Account (PTMISEA) Funds (GM Memo No. 09-240a). [Financeand Audit Committee recommendation of October 28, 2009, to adopt the resolution as amended.]Staff Contact: Jim Gleich, 891-71859. Consider receiving report on District vehicles and update on the draft administrativeregulation implementing Board Policy 422 (Requested by Director Harper – 5/27/09;Vice President Peeples/Director Ortiz – 8/26/09) (GC/GM Memo No. 09-178b).10. Consider approving the Interim General Manager’s Employment Agreement (GC MemoNo. 09-277).11. Consider approving a Settlement Agreement and Release of Claims with Mr. RickFernandez and, if necessary, the adoption of Resolution No. 09-061 (GC Memo No.09-281).Staff Contact: Ken Scheidig, 891-717812. Discussion regarding the meeting schedule for January, 2010. (verbal)13. Announcement of nominating committee for the selection of Board President and VicePresident for calendar year 2010 (verbal).14. Consider verbal reports from the Chair of the External Affairs Committee onlegislative matters (Note: Pursuant to Policy No. 100, the Board may take action onlegislative matters requiring immediate action.)15. Report on actions(s) taken during Closed Session [Will be reported after the conclusionof Closed Session.]Board/Staff Comments (Government Code Section 54954.2)Agenda PlanningAC Transit DistrictBoard of Directors November 18, 2009 Page 3 of 4

CLOSED SESSION:Conference with Labor: (Government Code Section 54957.6)Agency Negotiator: Interim General ManagerEmployee Organization: Paratransit, Local 192, ATU Local 192,AFSCME, Local 3916; IBEW, Local 1245Unrepresented EmployeesLabor Negotiations – Board Officers: (Government Code Section 54957.6)Negotiators: President Ryan “Rocky” FernandezGreg Fox, Esq.Public Employee Performance Evaluation: (Government Code Section 54957)Title: General ManagerTitle: General CounselTitle: District SecretaryAdjournmentLinda A. NemeroffDistrict SecretaryAC Transit DistrictBoard of Directors November 18, 2009 Page 4 of 4