SAN JOAQUIN REGIONAL TRANSIT DISTRICT BOARD OF DIRECTORS - AGENDA
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1 SAN JOAQUIN REGIONAL TRANSIT DISTRICT BOARD OF DIRECTORS - AGENDA THE BOARD OF DIRECTORS OF THE SAN JOAQUIN REGIONAL TRANSIT DISTRICT WILL HOLD A REGULAR MEETING AT 10:00 A.M. ON FRIDAY, NOVEMBER 17, 2017, IN THE BOARDROOM OF SAN JOAQUIN REGIONAL TRANSIT DISTRICT S DOWNTOWN TRANSIT CENTER, 421 EAST WEBER AVENUE, STOCKTON, CALIFORNIA. ACCESSIBLE PUBLIC MEETINGS: San Joaquin Regional Transit District (RTD) will make all reasonable accommodations for persons with disabilities to participate in this meeting. Upon request to the Chief Executive Officer, RTD will provide agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number, and a brief description of the requested materials and/or preferred alternative format or auxiliary aid or service at least three workdays before the meeting. Requests should be sent to RTD by mail at P.O. Box , Stockton, CA 95201, by fax at (209) , or by to BoardSupport@sjRTD.com. For language assistance, interpreter services, please contact (209) Para información en Español, por favor llame al (209) CALL MEETING TO ORDER 2. MOMENT OF SILENCE/REFLECTION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. SAFETY ANNOUNCEMENT 5. ROLL CALL 6. SPECIAL PRESENTATIONS A. EMPLOYEES OF THE MONTH Special recognition to the Administration, Maintenance, and Transportation Employees of the Month B. YEARS OF SERVICE RECOGNITION Special recognition to retiring employees for their years of service 7. PUBLIC COMMENT Each person who addresses the Board shall not make slanderous or profane remarks to or about any member of the Board, staff, or general public. Any person who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any disorderly conduct which disrupts, disturbs, or impedes the orderly conduct of any Board meeting shall, at the discretion of the presiding officer or a majority of the Board, be barred from further audience before the Board during that meeting. All public comments shall be limited to no more than THREE MINUTES. In addition, applause, loud noises, or any other outbursts or disruptions from the audience are not allowed during or after a public comment. At the discretion of the presiding officer, those who are in violation of this protocol may be removed from the meeting. Page 1 of 33
2 8. REPORTS A. MV REPORT B. CHIEF EXECUTIVE OFFICER UPDATE C. STATE/FEDERAL LEGISLATIVE UPDATE D. FINANCIAL REPORTS October Financial Reports provided to the Board 9. INFORMATION ITEMS These reports are being provided for information only. A. VANPOOL UPDATE Director of Planning and Scheduling Nate Knodt will provide an update on vanpool B. BRT IV and V UPDATE Director of Facilities Wendell Krell will provide an update on BRT IV and V 10. CONSENT CALENDAR A. RESOLUTION: APPROVING THE MINUTES OF THE OCTOBER 20, 2017, REGULAR BOARD OF DIRECTORS MEETING Board approval of the October 20, 2017, Regular Board of Directors Meeting minutes B. RESOLUTION: APPROVING THE JANUARY 12, 2018, BOARD OF DIRECTORS REGULAR MEETING Board approval of the January 12, 2018, Board of Directors Regular Meeting 11. ACTION ITEMS A. RESOLUTION: APPROVING REVISIONS TO THE SAN JOAQUIN REGIONAL TRANSIT DISTRICT (RTD) DEFINED BENEFIT PLAN DOCUMENT Board approval of the revisions of the San Joaquin Regional Transit District (RTD) Defined Benefit Plan document B. RESOLUTION: APPROVING A JOINT USE AGREEMENT FOR COMMUNICATION FACILITIES, SITES AND EQUIPMENT WITH THE COUNTY OF SAN JOAQUIN Board approval of a Joint Use Agreement for communication facilities, sites and equipment with the County of San Joaquin 12. QUESTIONS AND COMMENTS FROM DIRECTORS 13. CLOSED SESSION A. LABOR NEGOTIATIONS 1. Conference with Labor Negotiator Agency Negotiator: Donna DeMartino, CEO Employee Organization: Amalgamated Transit Union, Local 276 Page 2 of 33
3 B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION [Paragraph (1) of subdivision (d) of Government Code, Section ]: San Joaquin Regional Transit District vs. DSS-2731 Myrtle LLC, et al., San Joaquin Superior Court Case No CU-El-STK C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS RTD Negotiator: Donna DeMartino, CEO 14. ADJOURNMENT 1. Property: 1704 East Fremont Street, Stockton, CA Negotiating Party: Dr. Rami Georgies, Buyer Under Negotiation: Sale of Real Property, including price and terms of payment 2. Property: 1523 South Union St., Stockton, CA Negotiating Party: Kevin Dougherty, for property owner Under Negotiation: Purchase of Real Property, including price and terms of payment NOTE: THE NEXT REGULARLY SCHEDULED BOARD MEETING WILL BE HELD ON FRIDAY, JANUARY 12, 2018, AT 10:00 A.M. DATE POSTED: NOVEMBER 13, 2018 Page 3 of 33
4 Item 6A Subject: Employees of the Month November 17, 2017 SPECIAL PRESENTATION: LEAD STAFF: RECOGNITION OF ADMINISTRATION, MAINTENANCE, AND TRANSPORTATION EMPLOYEES OF THE MONTH DONNA DeMARTINO, CHIEF EXECUTIVE OFFICER BACKGROUND: To qualify as Employee of the Month (EOM), employees must meet the following basic requirements: 1. Has been an employee for at least six months 2. Has not been selected EOM for the previous six months 3. Has a perfect attendance record for the month 4. Does not have any disciplinary action pending or in effect RTD selects EOMs based on the following criteria: 1. Takes initiative and accepts and carries out additional responsibilities beyond regular job assignments 2. Provides exceptional internal and external customer service by being courteous and helpful 3. Projects a positive image and has a helpful and cooperative attitude 4. Exemplifies trustworthy and ethical behavior 5. Promotes a positive work environment 6. Comes to work on time, on a daily basis The Administrative EOMs are selected as follows: 1. A member of the management team nominates employees at a monthly meeting. 2. Nominees are selected as EOM when they receive at least a 2/3 majority of the votes cast by members of the management team. A majority of their respective supervisors selects Maintenance and Transportation EOMs. There may be months where no EOM is selected for Administration, Maintenance, or Transportation. Every EOM receives: EOM watch RTD coffee tumbler Certificate and acceptance photograph RTD recognizes Employees of the Month by posting their photographs at each RTD facility in frames designed for EOM recognition and through a feature article with photographs in the employee newsletter, As the Wheels Turn. The EOM program provides that RTD selects the Employee of the Year (EOY) from the previous 12 months EOMs. RTD offers EOYs the opportunity to represent their department/division at one of the conferences of the American Public Transportation Association (APTA). Page 4 of 33
5 Item 6B Subject: Years of Service Recognition November 17, 2017 SPECIAL PRESENTATION: LEAD STAFF: RECOGNITION OF YEARS OF SERVICE FOR RETIRING EMPLOYEES DONNA DeMARTINO, CHIEF EXECUTIVE OFFICER BACKGROUND: RTD has benefitted from many employees who have chosen to spend a significant number of years with our agency. To recognize the years of service for retiring employees, RTD will present a certificate honoring the time employees have spent with RTD and thanking them for their service. For employees leaving after 25 years or more, RTD will provide them with a commemorative plaque. These certificates and plaques will be presented to retiring employees in a special ceremony at the next scheduled RTD Board meeting following their retirement. On behalf of all RTD employees, Board members, customers, and the community, RTD management wishes to thank these employees for their service and contributions over the years. Page 5 of 33
6 Item 8A Subject: MV Report November 17, 2017 REPORT: LEAD STAFF: MV TRANSPORTATION, INC. UPDATE HARLEY KEMPTER, INTERIM MV GENERAL MANAGER DISCUSSION: MV Transportation staff will provide an update. Page 6 of 33
7 Item 8B Subject: Chief Executive Officer Report November 17, 2017 REPORT: LEAD STAFF: CHIEF EXECUTIVE OFFICER UPDATE DONNA DeMARTINO, CHIEF EXECUTIVE OFFICER CUSTOMER COMMENTS (OCTOBER) For October FY 2018, a total of 65 comments were received. This is an increase of 17 from October FY 2017 and an increase of 2 from September. RTD received 5 commendations. This is a decrease of 2 from FY Chart reflects comment comparison from FY 2017 and FY 2018, but does not include commendations. POLICE ACTIVITIES (OCTOBER) Officer Tran worked 13 days; Officer Butcher worked 23 days; Officer Rust worked 12 days. Their production statistics for October are listed below: Type of Report Filed Quantity Type of Report Quantity Type of Report Filed Quantity Felony Arrests 0 Intoxication 1 Field Interviews 106 Warrants Arrests 3 Moving Citations 3 PC 640 Citations 0 Other Arrests 0 SMC Citations 0 Misdemeanor Arrests 2 Parking Citations 0 Traffic Citations 0 Abandoned Autos 0 Other Citations 0 Vehicles Towed 0 Self-Initiated Activity 0 Calls for Service 31 Weapons Seized 0 MEETINGS RTD participated in conferences and meetings of the following committees and organizations: Air Resources Board: Donna DeMartino, CEO Business Team San Joaquin: Nate Knodt, Director of Planning and Scheduling California Transportation Association (CTA): Donna DeMartino, CEO California Transportation Association (CTA) Fall Conference: Donna DeMartino, CEO; Gloria Salazar, Deputy CEO; Les Fong, Director; Balwinder Singh, Director Page 7 of 33
8 Item 8B Subject: Chief Executive Officer Report November 17, 2017 California Association for Coordinated Transportation (CALACT): Donna DeMartino, CEO CALSTART: Donna DeMartino, CEO City of Stockton Mayor s Task Force for Person with Disabilities: Toan Tran, Mobility and Contract Operations Manager City of Stockton RTD Joint Action Committee (JAC): Donna DeMartino, CEO; Nate Knodt, Director of Planning and Scheduling Downtown Stockton Alliance (DS): Moorea Warren, Customer Engagement Manager Greater Stockton Chamber of Commerce Fresh Wellness Committee: Nancy Antonio, Safety and Risk Specialist San Joaquin County Board of Supervisors: Donna DeMartino, CEO; Nate Knodt, Director of Planning and Scheduling San Joaquin County Smoking & Tobacco Outreach/Prevention Program (STOPP): Nancy Antonio, Safety and Risk Specialist San Joaquin Council of Governments (SJCOG) Board of Directors: Donna DeMartino, CEO; George Lorente, Grants Manager; Toan Tran, Mobility and Contract Operations Manager SJCOG Citizens Advisory Committee (CAC): Nate Knodt, Director of Planning and Scheduling SJCOG Interagency Transit Committee: George Lorente, Grants Manager SJCOG Management & Finance Committee: Donna DeMartino, CEO SJCOG Technical Advisory Committee (TAC): George Lorente, Grants Manager ZEB & Autonomous Vehicle Committee Meeting: George Lorente, Grants Manager * If you would like more information on any of these meetings please submit a request to BoardSupport@sjRTD.com. ABSENTEEISM REPORT We are currently in the process of expanding our absenteeism report to include additional performance data. The expanded report will be available beginning January EVENTS 2017 Laurrie Brown Memorial Golf Tournament On Sunday, September 17, RTD employees hosted the Annual Laurrie Brown Golf Tournament at Elkhorn Golf Club. With the largest number of golfers to date, the event in its fourth year raised over nine-thousand dollars to benefit the Disabled Veterans and the Community Center for the Blind and Visually Impaired Family Day at the Park On Sunday, September 17, RTD participated in Family Day at the Park at University Park. This event featured an RTD informational table along with coloring pages for kids. Attendees toured an RTD electric bus that was on display and staff from our Customer Engagement department answered any questions about the bus or RTD s services. Artie D. even made a special appearance in the mascot parade. This event was hosted by Sass Public Relations; the estimated attendance was at 8, Shopper Shuttle Outreach On Saturday, October 21, RTD hosted a Shopper Shuttle Outreach event. The RTD Shopper Shuttle will take riders to and from Weberstown Mall, Stone Creek Village, and Sherwood Mall every 20 minutes this holiday season, Two RTD representatives did the outreach at each Shopper Shuttle location with a table decorated with balloons that included games, prizes, and information about RTD s services. Gloria Salazar Celebrated for Breaking Through the Bamboo Ceiling On October 26, 2017, Deputy CEO, Gloria Salazar, was honored for breaking through the Page 8 of 33
9 Item 8B Subject: Chief Executive Officer Report November 17, 2017 bamboo ceiling at the third annual women s leadership event hosted by the Central Valley Asian- American Chamber of Commerce (CVACC). Gloria was selected by the CVACC Board and nominating committee because of her professional success and role as a leader in the community. To celebrate her recognition, RTD sponsored a table with Board member Les Fong and members from various departments in attendance. UPCOMING EVENTS Stuff the Bus: Friday, November 17 19, 2017 RTD will hold its annual Stuff the Bus food drive leading a countywide effort to collect food for nonprofit agencies in the community. Holiday Caroling: Thursday, December 7, 2017 RTD will spread holiday cheer throughout the Stockton area with its annual employee caroling activity. Employees travel to various transit stations and points of interest to share RTD s joy with community. RTD Employee Celebration: Saturday, December 16, 2017 RTD will hold an evening event to celebrate and thank its employees. With a roaring 20s theme, this employee appreciation event will be held at the historic Masonic Temple located in Downtown Stockton. Page 9 of 33
10 Item 8C Subject: State/Federal Legislative Report November 17, 2017 REPORT: UPDATED BY: STATE/FEDERAL LEGISLATIVE REPORT UPDATE JORDAN & ASSOCIATES STATE REPORT California Department of Transportation (Caltrans) Releases Draft Rail Plan Caltrans released a draft of the 2018 California State Rail Plan in October, which presents strategies for and investments supporting California s passenger and freight rail network. The Passenger Rail Investment and Improvement Act passed by Congress in 2008 required state rail plans to be developed and updated every five years in order to be eligible for federal passenger rail funding. Caltrans also requires a state rail plan be prepared that is consistent with federal requirements. The Rail Plan will contain the following major components: A statewide vision for an integrated passenger rail system that describes how different rail services will work together to deliver a comprehensive network that is well connected with the State s multimodal transportation system, providing frequent, convenient service. A current system inventory which identifies needs and deficiencies. A description of reasonable funding options for achieving the 2040 vision. List of improvements and a detailed investment strategy tied to five-year (2022), 10-year (2029) and long-term horizon (2040) timeframes. Description of how these improvements would support and reflect other state, regional, and local planning activities throughout California. There is a 60-day public comment period that ends on December 11 and a series of open houses are being held throughout the State. A public workshop will be held in Sacramento on November 7 at the Sacramento Public Library at 825 I Street from 4:30 7:30 p.m. A link to the draft Rail Plan can be found here: A link to the Executive Summary can be found here: Effect on RTD: The draft California State Rail Plan will have an impact on bus connections in RTD s service area and provides important information to RTD regarding the State s priority for high speed rail development in Northern California. FEDERAL REPORT Senate Approves Budget Resolution The Senate adopted a budget for the next fiscal year on October 19, clearing a critical hurdle in the Republican push to overhaul the tax code. The passage of the budget blueprint, in a vote primarily along party lines, helps unlock a procedure that Republicans plan to use to rewrite the tax code with only Republican votes. It also allows the tax bill to lower projected revenue by up to $1.5 trillion over a decade. Budget resolutions are non-binding and do not require the President s signature. They generally reflect the parties priorities and are separate from the spending bills that actually fund the government. Republicans released a framework last month that outlined a range of tax changes including lower taxes on corporate profits, incentives for businesses, fewer and lower individual income tax brackets, and the end of estate taxes with the goal of simplifying the code and boosting the economy. Page 10 of 33
11 Item 8C Subject: State/Federal Legislative Report November 17, 2017 The House passed its own budget earlier this year, but the White House and some Senate Republicans have been urging the House to simply take up the Senate budget and pass it. An amendment passed by the Senate allows the House to take up the Senate-passed bill version and avoid the need for a conference. This would save time for the tax overhaul bill that Republicans are desperate to pass this year. Democrats criticized the plan as a giveaway to the rich because a number of proposed changes, including lower business tax rates and a repeal of the estate tax, would benefit the top sliver of wealthy households. Republican senators acknowledged that they see the sole purpose of the budget as providing a path to a tax cut through the so-called reconciliation process, which would permit a tax bill to pass with a simple majority in the Senate instead of the normally required two-thirds majority vote. Several senators noted that the discretionary top lines in the plan which would limit FY 2018 defense spending to $549 billion and non-defense to $516 billion have little meaning since most Democrats and Republicans see those limits as too low. The spending limits were set in the 2011 Budget Control Act passed by Congress. A continuing resolution is currently funding government programs in the absence of a budget through December 8. So far, the House and Senate Appropriations Committees have largely rejected the deep cuts to many domestic discretionary programs that were recommended in the President s budget proposal earlier this year. Effect on RTD: The Senate budget resolution does not affect federal transit formula funding for RTD. The blueprint provides insight regarding the interest of House and Senate Republicans to pass a tax overhaul bill this year. Public Transit Takes a Hit in House in House Tax Reform Bill H.R. 1, the Tax Cuts and Jobs Act introduced was introduced on November 2, and has several provisions that negatively impact public transit. The House Ways and Means Committee approved H.R. 1 on November 9 after four days of considering amendments. The House committee bill would affect transit through the following provisions: Terminate Private Activity Bonds (PABs), which are used for construction of rail and bus infrastructure and facilities; Allow Alternative Fuel Tax (ALT) credits to not be extended, which expired in December 31, 2016; Eliminating ability of employers to deduct the cost of paying for employees public transportation PABs are a type of bond to fund private projects that have a public benefit, and the interest for the bonds is exempt from federal taxation (like the interest for bonds issued directly by state and local governments). The bond market considers PABs to be a part of the municipal bond sector. Section 3601 of H.R. 1 would eliminate private activity bonds moving forward after the end of calendar year The change to PABs came as a complete surprise to the infrastructure community, since the White House has been discussing significant expansion of PABs in its forthcoming infrastructure proposal. The House bill eliminates several deductible business expenses. Under current law, transportation fringe benefits, such as employer-provided parking, mass transit passes, and bicycle commute cost reimbursement) are current tax-free both to employers as a deductible business expense and to employees, since the value of the benefits are excluded from their income tax calculation. Section 3307 of the bill eliminates the employer s ability to deduct the cost of transportation fringe benefits. The current transportation fringe benefits are: $255 per month for combined commuter highway vehicle transportation and transit passes $255 per month for qualified parking Page 11 of 33
12 Item 8C Subject: State/Federal Legislative Report November 17, 2017 $20 multiplied by the number of qualified bicycle commuting months during that year for qualified bicycle commuting reimbursement of expenses incurred during the year. Senate Releases Tax Reform Bill The Senate Finance Committee released details of the Senate GOP tax plan on November 9. The Committee unveiled the Chairman s mark, as it is known. A conceptual markup to amend and rewrite the bill will take place the week of November 13. President Trump has said he would like to sign a tax bill by Christmas. Public transit also takes a hit in the Senate tax bill, although some provisions are not as onerous. The following provisions would affect public transit: PABs are maintained, but the ability to advance refund ability of municipal bonds would be eliminated, which allows one-time refinance for lower interest rates Alternative fuels tax credit would not be extended that expired on December 31, 2016 Eliminate ability of employers to deduct cost of public transportation for commuters Effect on RTD: The House tax bill would more negatively affect RTD, due to the termination of municipal bonds. The Senate tax bill would still limit the ability of RTD to utilize municipal bonds to finance transit projects. The alternative fuels tax credit will not affect RTD. The inability of employers to deduct the cost of public transportation could decrease transit ridership at the District. Infrastructure President Trump disparaged public-private partnerships again the week of October 16. For the second time in a month, the President made comments in a White House meeting expressing his lack of interest in public-private partnerships (P3s) to finance an infrastructure package. Since the presidential campaign, P3s have been the cornerstone of Trump s plan to invest $1 trillion in infrastructure over the next 10 years. The most recent comments about the lack of effectiveness of P3s came in exchanges with a bipartisan group of Senate Finance Committee members who were gathered to talk about a tax bill. The President on more than one occasion has used the example of a now-dissolved P3 for a road project in Indiana that was approved by then-governor Mike Pence as part of his reconsideration about the effectiveness of P3s. When pressed by some Senators as to how he would pay for the $1 trillion infrastructure package in the absence of P3s, Trump reportedly resuscitated a proposal to combine the infrastructure package with a tax bill, because he expects the tax bill to raise significant revenues. Congressional leaders long ago dismissed the idea of combining infrastructure with a tax bill for a number of reasons, including the chance that lowering individual and corporate tax rates would actually add to the deficit rather than create revenue (the budget resolution approved by the Senate on October 19 included instructions for a tax bill that would add $1.5 trillion to the deficit over 10 years). In the past, both the President and some Members of Congress have spoken about using revenues from onetime payments from U.S. companies to bring their offshore profits back to the U.S. (referred to as repatriation) for infrastructure, but the congressional tax-writing committees have been cool to that idea. White House staff working on the infrastructure plan met with Senators from the Commerce Committee the week of October 16, and reports indicated that the Trump Administration has not made any significant progress on the details of a plan, which most Senators expect will ultimately be an issue for The White House signaled it may be open to increasing the federal gas tax the week of October 23. The President s chief economic advisor, Gary Cohn, told House Republican lawmakers this week that members would have an opportunity to vote on raising the federal gas tax as part of an infrastructure package debate. Page 12 of 33
13 Item 8C Subject: State/Federal Legislative Report November 17, 2017 The meeting on Capitol Hill dealt mostly with current tax reform efforts, but some moderate Republican members stated that tax overhaul efforts should address a gas tax increase. Cohn told lawmakers at the meeting they would have an opportunity for such a vote early next year, once tax reform legislation is passed by Congress. President Trump campaigned on a promise to raise $1 trillion for infrastructure, mostly by providing tax breaks to corporate investors. In the spring, Trump said increasing the gas tax was something that he would consider. Industry sources say the White House intends to back a seven-cent gas tax increase to pay for roads, bridges, highways and transit, but it is unclear whether this proposal would be included in an infrastructure bill sent to the Hill by the Administration or if it would be added at the committee level. Representative Peter DeFazio (D-OR), Ranking Democrat of the House Transportation Committee, said that seven cents is completely inadequate. DeFazio introduced a bill earlier in the year that would index the gas and diesel tax, capping the annual increase at 1.5 cents per gallon because he anticipated opposition.. DeFazio said that would raise $500 billion over a 15-year period, but the bill gained no traction. House Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) said House Republicans have little interest in a federal gas tax increase, but that members could come around if the White House gets behind the effort and actively pushes for an increase. Shuster said the President needs to be the lead on the infrastructure package in order for House Republican members to support the effort. Shuster wants lawmakers to start working on an infrastructure package now instead of waiting for the tax reform overhaul to finalize. The Administration has yet to release detailed information about an infrastructure plan and the details for finding the revenue are far from finalized. Effect on RTD: The Administration has vacillated on how to fund an infrastructure package, but there is growing interest in both Congress and the White House to pass such legislation. This could benefit RTD if additional funding is provided for public transit. U.S. DOT Releases Draft Strategic Plan On October 19, Department of Transportation (DOT) released their Strategic Plan for FY Comments are due by November 13. The draft Strategic Plan focuses on the current underinvestment in highways and transit, which has resulted in a backlog of needs. Emphasis is also placed on the need to improve freight bottlenecks across the country, and to improve environmental streamlining procedures so that highway and transit projects can be completed more quickly. The link to the draft Strategic Plan can be found here: Effect on RTD: The DOT draft Strategic Plan is informational. FTA Requests Comments on NTD Reporting Changes and Clarifications The National Transit Database (NTD) was established by Congress to be a primary source for information and statistics on the transit systems in the country. Grant recipients from the Federal Transit Administration (FTA) under the Urbanized Area Formula Grants Program or Urbanized Area Rural Formula Program are required to submit data to the NTD. The Moving Ahead for Progress in the 21st Century (MAP-21) passed by Congress in July 2012 authorized the collection of an expanded asset inventory and condition information through the NTD. The updated asset inventory and condition reporting requirements were published in the Federal Register in July Page 13 of 33
14 Item 8C Subject: State/Federal Legislative Report November 17, 2017 The final NTD asset inventory reporting guidance specifies that service vehicles and administrative or maintenance facilities are reportable if the agency has full or partial capital responsibility for the asset. However, the updated guidance did not define capital responsibility as it relates to the NTD reporting requirements. This notice clarifies the term capital responsibility. It also provides clarification on when a new asset is reportable to the NTD. FTA is also seeking comments on the following five additional pieces of proposed guidance for inclusion in the NTD Reporting Manual: Update to the definition of a reportable event Clarification on reporting requirements for recipients of JARC funds Additional guidance on distinguishing between commuter and intercity service Adjustment to the reporting requirements for non-rail, for-profit providers of public transportation Proposed update to the definition of major mechanical system failures and other mechanical system failures The request for comments is for informational purposes only, but may be used to develop a future notice. All of the proposed changes and clarifications will be effective for report year 2017 that began in September Effect on RTD: The NTD reporting changes and clarifications will inform RTD s submission of federal grants information to the national database. Page 14 of 33
15 Item 8D Subject: October Financial Report November 17, 2017 REPORT: LEAD STAFF: FINANCIAL REPORT VIRGINIA ALCAYDE, DIRECTOR OF FINANCE DISCUSSION: Finance staff will provide an update on the following: Revenue and Expense Summary Graph (Total YTD Expenses vs. Annual Budget) Graph (YTD Expenses Composition) Cash Flow Projection Page 15 of 33
16 Item 8D Subject: October Financial Report November 17, 2017 Page 16 of 33
17 Item 8D Subject: October Financial Report November 17, 2017 Page 17 of 33
18 Item 9A Subject: Vanpool Update November 17, 2017 INFORMATION ITEM: LEAD STAFF: RTD S VANPOOL PROGRAM UPDATE NATE KNODT DIRECTOR OF PLANNING AND SCHEDULING BACKGROUND: Director of Planning and Scheduling Nate Knodt will provide an update. Page 18 of 33
19 Item 9B Subject: BRT IV AND V November 17, 2017 INFORMATION ITEM: LEAD STAFF: BRT IV AND V UPDATE WENDELL KRELL, DIRECTOR OF FACILITIES BACKGROUND: Director of Facilities Wendell Krell will provide an update on the status of the BRT IV and V projects. Page 19 of 33
20 Item 10A Subject: Minutes October 20, 2017 November 17, 2017 MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE SAN JOAQUIN REGIONAL TRANSIT DISTRICT FRIDAY, October 20, 2017 The Board of Directors of the San Joaquin Regional Transit District (RTD) held a Regular Meeting at 10:00 a.m. on Friday, October 20, 2017, in the Boardroom of RTD s Downtown Transit Center, 421 East Weber Avenue, Stockton, California. 1. CALL MEETING TO ORDER Chair Michael Restuccia called the meeting to order at 10:01 a.m. 2. MOMENT OF SILENCE/REFLECTION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. SAFETY ANNOUNCEMENT 5. ROLL CALL Present: Michael Restuccia Les Fong Joni Bauer Balwinder Singh Absent: Gary Giovanetti Staff Present Donna DeMartino, Chief Executive Officer Gloria Salazar, Deputy Chief Executive Officer Al Hoslett, RTD Legal Counsel Kent Bradbury, Legal Counsel Brad Menil, Superintendent Operations George Lorente, Grants Manager Kelvin Cao, Customer Engagement Analyst Matthew Taia Jr., Grants Specialist Max Cao, Marketing Senior Specialist Moorea Warren, Customer Engagement Manager Nancy Braxton, Executive and Board Support Analyst Nate Knodt, Director of Planning and Scheduling Sharon Miller, Director of Procurement Terry Williams, Marketing Manager Toan Tran, Mobility and Contract Services Manager Virginia Alcayde, Director of Finance Brandon Vales, Contracts Analyst Pinky Acosta, Accountant I Stephennie Hayne, Senior Accountant Guillermo Perez, Operator Victoria Gonzalez, Marketing Intern Damaris Galvan, Planning and Scheduling Manager Nancy Antonio, Safety and Risk Senior Specialist Dero In, Grants Senior Specialist Wendell Krell, Director of Facilities Members of the Public Who Indicated They Were Present Robert Alan Wagner Page 20 of 33
21 Item 10A Subject: Minutes October 20, 2017 November 17, SPECIAL PRESENTATIONS A. EMPLOYEE OF THE MONTH Special recognition was given to Coach Operator Guillermo Perez, Employee of the Month for September 2017 B. YEARS OF SERVICE RECOGNITION No recognition was given at this meeting. 7. PUBLIC COMMENT Richard takes Route 172 from Tracy to Sunnyvale at 3:00 a.m. and has concerns with cuts in the commuter service. He has spoken to others on the bus and told them to attend the meetings if they have concerns about the service, but it is not easy to take a Friday off to attend an RTD Board meeting. He would like to know if there is another meeting day to discuss issues or concerns. He thanked Director of Planning and Scheduling Nate Knodt for coming out last year to talk to them. He thanked RTD for taking commuters to work every day and keeping more cars off the road. Director Restuccia notified Richard that riders can send s or call to provide information to RTD. He also directed Richard to speak with Nate Knodt on dates, times, and locations of Unmet Transit Needs meetings. Alan Wagner, President, ATU Local 276, expressed concerns about an upcoming apprenticeship training program that will take place in Pacifica, CA this month. He believes Union representatives should be able to attend and be compensated if they attend training. 8. REPORTS A. MV REPORT MV Interim General Manager Harley Kempter reported for the month of September. MV had 4 commendations: Aaron Harris, Jean Yu, and Steve Nettles received two. For the month of August, Reuben Zabala was MV s Employee of the Month and Mario Guerrera was the Employee of the Month for September. He was also the Captain McLarey Award recipient for the second quarter and Magdelina Ortez was the third quarter winner. MV will be holding its monthly safety meeting tomorrow and will be conducting the annual wheelchair recertification. MV will also be planning its inaugural rodeo for the local drivers. B. CHIEF EXECUTIVE OFFICER REPORT Mobility Manager Toan Tran was asked to provide an update on the Non- Emergency Medical Transportation (NEMT) Project. The San Joaquin Council of Governments (SJCOG) board has set aside $250,000 for this project. In partnership with COG staff, RTD has been asked to develop a model. RTD examined the model that is currently in place in Stanislaus. The program in Stanislaus is called Medivan. Medivan offers one trip a day in the morning. The route starts in Modesto, travels through San Joaquin County, goes to Livermore, through Oakland, to San Francisco, and then to the San Jose area and then all the way back. The Stanislaus program currently costs $260,000 a year. All passengers ride the same route and stop at the same stops. Instead of just adopting the Stanislaus model of one trip per day, RTD proposes offering 16 trip Page 21 of 33
22 Item 10A Subject: Minutes October 20, 2017 November 17, 2017 options per day. And instead of $260,000 a year, RTD projects that it will be able to transport the same number of riders for only $180,000 a year by connecting people to existing services. Basically, instead of reinventing the wheel, RTD will take advantage of all the services that are currently in place. The first option is to connect people to the Medivan program. Since Medivan currently goes through San Joaquin County, RTD has an unofficial agreement with START to have a bus stop in Tracy and provide a connection service to that stop. RTD would transfer people to the Medivan service, and START would take them to the Bay Area. RTD would be offering the same level of service as Stanislaus is currently offering, but it intends to offer more than the current model with 15 other options as well, by connecting to existing services: RTD s Route 150, with 9 round trips to the Bay Are each day, ACE with 4 round trips to San Jose, and RTD s Commuter Routes 163 and 165, so they can also have access to Medical facilities in the Sacramento Area. The projection of initial start-up cost is $15,000. Marketing Manager Terry Williams was asked to present on the Shopper Shuttle project and the Unmet Transit Needs Workshops. RTD s Shopper Shuttle service connects customers to all three of the major shopping malls every 20 minutes. At Weberstown Mall, RTD stops between Sears and JC Penny. At Sherwood Mall, the stop is between Dick s Sporting Goods and The Patio. The Shopper Shuttle will take riders over to Stone Creek and drop them off conveniently between the Hometown Buffet and Five Guys Burgers. Marketing, Customer Engagement, and Service Development will be there this weekend, Saturday, noon to seven, with the Wheel O Fun promoting RTD s services. Those who stop by can win fabulous prizes like an Artie D plush toy. Marketing Manager Terry Williams provided an update on the upcoming Unmet Transit Needs Workshop. RTD will be holding multiple transit needs workshops all over the county. These workshops will begin on October 24 th at ACE, October 25 th in Lodi, November 6 th in Mountain House, November 8 th in Manteca, and November 13 th here at RTD in our boardroom. RTD will be collecting comments from customers all day. For guests like Richard, who use the commuter services and work all day in the bay area, this event is going to start at 8 a.m. and end at 7 p.m. In addition, RTD has set up online surveys and provided links to the surveys on fliers that are being circulated in a variety of different ways. There are links to the survey in English, Spanish, Vietnamese, and Tagalog. There will be food, beverages, and prizes at the event. If customers want to see more routes, need additional bus stops, or extended service times, this is the time to provide feedback. C. STATE/FEDERAL LEGISLATIVE REPORT UPDATE The CEO provided a written report to the Directors in the Board package. D. FINANCIAL REPORTS Director of Finance Virginia Alcayde provided a written report to the Directors in the Board package. 15. INFORMATION ITEMS These reports are being provided for information only. A. QUARTERLY UPDATE OF CONTRACTS AWARDED JULY SEPTEMBER 2017 Director of Procurement Sharon Miller provided a quarterly update to the Board. Page 22 of 33
23 Item 10A Subject: Minutes October 20, 2017 November 17, CONSENT CALENDAR A. RESOLUTION NO: 5738 RESOLUTION: APPROVING THE MINUTES OF THE AUGUST 18, 2017, REGULAR BOARD OF DIRECTORS MEETING B. RESOLUTION NO: 5739 RESOLUTION: AUTHORIZING THE FILING OF AN AMENDMENT TO THE FY 2017 STATE TRANSIT ASSISTANCE (STA) CLAIM 17. ACTION ITEMS Chair Restuccia stated that the following resolution should be considered, adding an item to the Agenda: RESOLUTION NO: 5740 FINDING THE NEED TO ADD ITEM ONTO AGENDA RE: Amendment to Agreement for Use of Transportation Development Act Funds Dated: October 20, 2017 WHEREAS, this Board of Directors for the San Joaquin Regional Transit District (RTD) has a need to consider an item that is not on its Agenda for its Regular Meeting scheduled on October 20, 2017; and, WHEREAS, there is a need to take immediate action with respect to the amendment to an agreement with the County of San Joaquin regarding the use of Transportation Development Act Funds; and, WHEREAS, the need to take such action came to the attention of RTD after the date and time of posting the Agenda for this meeting; and, WHEREAS, it is in the best interests of this RTD and the persons interested therein to bring this matter before the Directors at this time. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Directors of the San Joaquin Regional Transit District (RTD) that pursuant to Section (b)(2) of the Government Code of the State of California, the Directors of RTD find and determine that the need to take immediate action on the following matter came to the attention of RTD subsequent to the Agenda for this meeting being posted and therefore the following matter is hereby added to the Agenda: Approve Amendment To Agreement A Between The County of San Joaquin and the San Joaquin Regional Transit District For Use of Transportation Development Funds. Chair Restuccia called for a vote on the resolution. ACTION: MOTION: DIRECTOR FONG SECOND: DIRECTOR SINGH Roll Call: AYES: Bauer, Fong, Restuccia, Singh NAYES: ABSTAIN: ABSENT: Giovanetti A. RESOLUTION NO: 5741 RESOLUTION: APPROVING THE CONTRACT CHANGE ORDER (CCO) 01 TO THE CONTRACT WITH A. TEICHERT AND SON dba TEICHERT CONSTRUCTION FOR THE CONSTRUCTION OF THE BUS RAPID TRANSIT IV MARTIN LUTHER KING JR. CORRIDOR FOR AN AMENDMENT AMOUNT NOT TO EXCEED $1,293, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $7,412, Page 23 of 33
24 Item 10A Subject: Minutes October 20, 2017 November 17, 2017 ACTION: MOTION: DIRECTOR SINGH SECOND: DIRECTOR FONG Roll Call: AYES: Bauer, Fong, Restuccia, Singh NAYES: ABSTAIN: ABSENT: Giovanetti B. RESOLUTION NO: 5742 RESOLUTION: AWARDING A CONTRACT TO GILLIG, LLC FOR THE PURCHASE OF UP TO TWELVE FORTY-FOOT LOW FLOOR COMMUTER BUSES FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $10,384, ACTION: MOTION: DIRECTOR FONG SECOND: DIRECTOR BAUER Roll Call: AYES: Bauer, Fong, Restuccia, Singh NAYES: ABSTAIN: ABSENT: Giovanetti C. RESOLUTION NO: 5743 RESOLUTION: APPROVING A SECOND AMENDMENT TO THE CONTRACT WITH PROTERRA, INC. FOR THE PURCHASE OF FIVE OPTION BUSES FOR AN AMENDMENT AMOUNT NOT TO EXCEED $4,276, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $14,520, PLUS TAX ACTION: MOTION: DIRECTOR FONG SECOND: DIRECTOR SINGH Roll Call: AYES: Bauer, Fong, Restuccia, Singh NAYES: ABSTAIN: ABSENT: Giovanetti D. RESOLUTION NO: 5744 RESOLUTION APPROVING AMENDMENT TO AGREEMENT WITH COUNTY OF SAN JOAQUIN FOR USE OF TRANSPORTATION DEVELOPMENT ACT FUNDS Board approval of amendment to Agreement with County of San Joaquin for use of Transportation Development Act funds ACTION: MOTION: DIRECTOR FONG SECOND: DIRECTOR BAUER Roll Call: AYES: Bauer, Fong, Restuccia, Singh NAYES: ABSTAIN: ABSENT: Giovanetti 18. QUESTIONS AND COMMENTS FROM DIRECTORS Director Bauer stated that after 2 years in the making, the RTD tactile audio maps are completed. She would like to thank RTD for supporting this endeavor and everyone who was involved with this project. 19. CLOSED SESSION No closed session. 20. ADJOURNMENT Chair Restuccia adjourned the meeting at 11:05 a.m. Page 24 of 33
25 Item 10B Subject: January 12, 2018 Board of Directors Meeting November 17, 2017 RECOMMENDATION: LEAD STAFF: APPROVE THE JANUARY 12, 2018 BOARD OF DIRECTORS MEETING DONNA DeMARTINO, CHIEF EXECUTIVE OFFICER BACKGROUND: The Board of Directors monthly meetings are usually scheduled on the third Friday of every month. The meeting dates may change due to conference schedule conflicts and other considerations. DISCUSSION: To accommodate for conference scheduling conflicts, staff recommends that the January meeting be held on Friday, January 12, Page 25 of 33
26 Item 10B Subject: Resolution January 12, 2018, Board of Directors Meeting November 17, 2017 RESOLUTION NO. DATED: NOVEMBER 17, 2017 RESOLUTION TO APPROVE THE JANUARY 12, 2018, BOARD OF DIRECTORS REGULAR MEETING WHEREAS, the Board of Directors monthly meetings are regularly scheduled on the third Friday of every month; and WHEREAS, the recommended schedule considers the availability of the Board of Directors; NOW, THEREFORE, BE IT RESOLVED that the January 12, 2018, meeting be approved by the Board of Directors: Page 26 of 33
27 Item 11A Subject: Revision to the RTD Defined Benefit Plan November 17, 2017 INFORMATION ITEM: LEAD STAFF: FINANCIAL IMPACT: APPROVE REVISIONS TO THE RTD DEFINED BENEFIT PLAN DOCUMENT KENT BRADBURY, LEGAL COUNSEL NONE BACKGROUND: In January 2017, non-represented employees who had not vested in the RTD Defined Benefit Retirement Plan moved out of that plan into a 401(a) retirement savings plan. However, the language of the plan document governing the Defined Benefit Plan has not been revised to demonstrate the removal of that group of employees from participating in the plan. In January 2017, RTD proposed to the ATU language changes in the Retirement Plan document to accurately indicate which RTD employees and retirees are members of the Defined Benefit Plan. Recently, the ATU approved those language changes, and the plan document has been revised with those language changes to reflect that non-vested, non-represented employees are no longer members of the plan. Page 27 of 33
28 Item 11A Subject: Resolution Revision to the RTD Defined Benefit Plan November 17, 2017 RESOLUTION NO. DATED: November 17, 2017 RESOLUTION TO APPROVE AN AMENDMENT TO THE SAN JOAQUIN REGIONAL TRANSIT DISTRICT RETIREMENT PLAN WHEREAS, in January 2017, non-vested, non-represented employees of RTD moved out of the existing defined benefit retirement plan and into a defined contribution 401(a) plan; and WHEREAS, in light of the adoption of the new 401(a) plan, effective January 1, 2017, RTD wishes to close participation in the Plan to non-represented employees not vested in the Plan as of such date; and WHEREAS, to effect this change, certain language in the defined benefit plan document needed to be revised to reflect this change and to ensure the plan language is accurate and in compliance with statutory and regulatory requirements; and WHEREAS, RTD staff and ATU Local 276 representatives have met and conferred and agreed to the proposed language changes. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Directors of the San Joaquin Regional Transit District that that the Plan is hereby amended to exclude participation in the Plan of any non-represented employees who are not vested in the Plan as of January 1, 2017; and the proposed amendment to RTD s Retirement Plan be, and hereby is, approved. Page 28 of 33
29 Item 11A Subject: Revised RTD Defined Benefit Plan November 17, Section 1.E of the Plan is amended by adding the following language in bold: E. Final Compensation means the average monthly compensation earned by a Member during any consecutive thirty-six month period elected by a Member at or before the time the Member files an application for retirement, or if the Member fails to elect, the thirty-six months immediately preceding the member's retirement. Notwithstanding the preceding sentence, for Members described in Section 3.E, Final Compensation means the average monthly compensation earned by the Member during any thirty-six month period occurring prior to January 1, Members described in Section 3.E may make their election at or before the time of the Member files an application for retirement, or if the Member fails to elect, the thirty-six months immediately preceding the Member's most recent termination of employment with RTD prior to January 1, Section 1.F of the Plan is amended by adding the following language in bold: F. Member means any person included in the membership of this Retirement Plan. Notwithstanding the preceding sentence, any Non-Represented Employee who is or was an active Member on January 1, 2017 but was not Vested in his or her benefit in the Plan as of that date, shall no longer be a Member of this Plan. Instead, such individuals and any other individuals hired by RTD as a Non-Represented Employees on or after January 1, 2017, shall participate in the defined contribution plan sponsored by RTD. In addition, any individual rehired by RTD as a Non-Represented Employee on or after January 1, 2017, shall participate in the defined contribution plan sponsored by RTD regardless of the individual's prior employment classification or vesting status under the Plan. 3. Section 3 of the Plan is amended by adding a new Subsection C as follows: C. Notwithstanding Subsection 3.B, Non-Represented Employees who were Members of the Plan on or before January 1, 2017 but were not vested in his or her Plan benefit as of that date, shall no longer be Members of this Plan. Instead, such Non-Represented Employees shall participate in the defined contribution plan sponsored by RTD. Any employee contributions made to this Plan by unvested Non-Represented Employees shall be transferred to the defined benefit Code section 401(a) plan sponsored by RTD. 4. Section 3 of the Plan is amended by adding a new Subsection D as follows: D. Notwithstanding Subsection 3.B, Individuals hired by RTD as a Non-Represented Employee on or after January 1, 2017, shall not be eligible for Membership nor become Members of this Plan. 5. Section 3 of the Plan is amended by adding a new Subsection E as follows: E. Individuals rehired by RTD on or after January 1, 2017 as Non-Represented Employees shall not be eligible for Membership nor become Members of this Plan with respect to services performed upon rehire. However, if such rehired individual has a vested benefit under the Plan as a result of previous employment with RTD and his or her prior contributions were not returned, such rehired individual's prior contributions shall remain in the Plan and he or she shall be considered a Member of this Plan with respect to any previously accrued and vested Plan benefits. Conversely, if such rehired individual previously vested under this Plan but received a return of prior contributions, such rehired individual shall not be eligible for Membership or again become a Member of this Plan nor is such individual entitled to any benefit under the Plan with respect to his or her prior employment. Page 29 of 33
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