Board of Directors Regular Meeting. Monday, January 12, MST Conference Room One Ryan Ranch Road, Monterey. 10:00 a.m.

Transcription

1 Board of Directors Regular Meeting Monday, January 12, 2009 MST Conference Room One Ryan Ranch Road, Monterey 10:00 a.m. TRANSPORTATION: Ride the Peninsula DART to MST Office 1. CALL TO ORDER 1-1. Roll call Pledge of Allegiance. 2. CONSENT AGENDA 2-1. Review highlights of Agenda. (Carl Sedoryk) These items will be approved by a single motion. Anyone may request that an item be discussed and considered separately Adopt Resolution recognizing Sonia Bannister, Office Administrator/Marketing & Sales Specialist, as Employee of the Month for January (Carl Sedoryk) (p. 1) 2-3. Adopt Resolution recognizing Fred Simkins, Coach Operator, as Employee of the Year for (Mike Hernandez) (p. 3) 2-4. Disposal of property left aboard buses. (Danny Avina) (p. 5) 2-5. Minutes of the regular meeting of December 8, (Sonia Bannister) (p. 7) 2-6. Financial Report December (Hunter Harvath) (p. 17) 2-7. Adopt Resolution recognizing Jose Tamonte, Coach Operator, for 9 Years of Service. (Mike Hernandez) (p. 39)

2 2-8. Extend Marina Transit Exchange development agreement with Gannett/Fleming. (Hunter Harvath) (p. 41) 2-9. Approve Performance Incentive for GM/CEO. (Carl Sedoyk) (p. 43) Approve Monterey-Salinas Transit 2009 Legislative Program. (Hunter Harvath) (p. 45) Claim rejection. (Ben Newman) (p. 53) Adopt Resolution for employer paid member contributions (pick ups) to CalPERS retirement. (Lyn Owens) (p. 55) Adopt Resolution recognizing William Morris, Contract Transportation Manager, for 11 Years of Service. (Robert Weber) (p. 59) End of Consent Agenda 3. SPECIAL PRESENTATIONS 3-1. January Employee of the Month Sonia Bannister, Office Administrator/Marketing & Sales Specialist. (Carl Sedoryk) 3-2. Employee of the Year Fred Simkins, Coach Operator. (Mike Hernandez) 3-3. General Manager s Excellence Award Mark Eccles, Director of Information Technology. (Carl Sedoryk) 3-4. Retirement Jose Tamonte, Coach Operator. (Mike Hernandez) 3-5. Retirement William Morris, Contract Transportation Manager. (Robert Weber) Year Service Award Jamey McCallon, Communication Systems Specialist. (Charles Armbruster). 4. PUBLIC COMMENTS ON MATTERS NOT ON THE AGENDA Members of the public may address the Board on any matter related to the jurisdiction of MST but not on the agenda. There is a time limit of not more than three minutes for each speaker. The Board will not take action or respond immediately to any public comments presented, but may choose to follow-up at a later time, either individually, through staff, or on a subsequent agenda.

3 5. COMMITTEE REPORTS No action required unless specifically noted MST RIDES Advisory Committee Minutes October 20, (Bill Morris) (p.61) 5-2. Finance Committee Minutes December 8, (Hunter Harvath) (p. 65) 6. BIDS/PROPOSALS 6-1. Award $56,664 contract to Moore & Associates to conduct the Marina Area Service Study. (Mike Gallant) (p. 67) 7. PUBLIC HEARINGS 8. UNFINISHED BUSINESS 8-1. Contract Amendment MV Transportation, Inc. (Robert Weber) (p. 69) 9. NEW BUSINESS 9-1. Authorize staff to execute agreement with TAMC to pay off bus debt. (Carl Sedoryk) (p. 73) 10. REPORTS & INFORMATION ITEMS The Board will receive and file these reports, which do not require any action by the Board General Manager/CEO Report. (p. 77) TAMC Highlights December 3, (p. 99) Washington D. C. Lobbyist report December 19, (p. 103) Board referrals. (p. 105) 11. COMMENTS BY BOARD MEMBERS Reports on meetings attended by Board members at MST expense (AB1234). 12. ELECTION OF OFFICERS Receive report from Nominating Committee and conduct election of officers. (Director Clark) (p. 107)

4 13. ANNOUNCEMENTS 14. CLOSED SESSION As permitted by Government Code et seq. of the State of California, The Board of Directors may adjourn to Closed Session to consider specific matters dealing with personnel and/or pending possible litigation and/or conferring with the Board's Meyers- Milias-Brown Act representative Conference with property negotiators (Parcel # L.2.3, L.2.4.1, L.2.4.2, L.2.4.3, L.2.2.1, L.2.2.2). (No enclosure) (Carl Sedoryk) 15. RETURN TO OPEN SESSION Report on Closed Session and possible action. 16. ADJOURN NEXT MEETING DATE: February 9, 2009 in MST Conference Room. NEXT AGENDA DEADLINE: January 28, 2009 Materials related to an item on this Agenda submitted to the Board after distribution of the agenda packet are available for public inspection at the Monterey-Salinas Transit Administration office at 1 Ryan Ranch Road, Monterey, CA during normal business hours. Upon request, MST will provide written 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 brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to Sonia Bannister, MST, One Ryan Ranch Road, Monterey, CA or srbannister@mst.org

5 SONIA BANNISTER JANUARY 2009 EMPLOYEE OF THE MONTH WHEREAS, each month Monterey-Salinas Transit recognizes an outstanding employee as Employee of the Month; and WHEREAS, the Employee of the Month is recognized for their positive contribution to MST and to the entire community; and WHEREAS, Sonia Bannister began her career as a Secretary with Monterey-Salinas Transit on November of 1988; and WHEREAS, Sonia Bannister has been selected as MST Employee of the Month on numerous occasions including November 1995, February 2000 and February 2001 for outstanding performance; and WHEREAS, Sonia Bannister received an MST Leadership Award for her efforts in leading the coordination of the staffing of MST volunteers in support of the California Transit Association Fall 2008 Annual Conference. THEREFORE BE IT RESOLVED that the Board of Directors of Monterey-Salinas Transit recognizes Sonia Bannister as Employee of the Month for January 2009; and BE IT FURTHER RESOLVED that Sonia Bannister is to be congratulated for her excellent work at Monterey-Salinas Transit. THE BOARD OF DIRECTORS OF MONTEREY-SALINAS TRANSIT PASSED AND ADOPTED RESOLUTION this 12 th day of January 2009 by the following vote: AYES: NOES: ABSENT: Armenta, Clark, Downey, Ford, Mancini, Sanchez, Sharp, Stilwell None None Fernando Armenta Chairman Carl G. Sedoryk Secretary

6 FRED SIMKINS EMPLOYEE OF THE YEAR 2008 WHEREAS, each month Monterey-Salinas Transit recognizes an outstanding employee as Employee of the Month; and WHEREAS, the Employee of the Year is recognized for their positive contribution to MST and to the entire community; and WHEREAS, Fred Simkins began his career with Monterey-Salinas Transit in March of 2003 as a Coach Operator. Since that time, Fred has continued to demonstrate exceptional skills and dedication while performing his duties; and WHEREAS, Fred Simkins has selected as Employee of the Month for April 2005 and again in November 2008; and WHEREAS, in 2008, Fred Simkins received his fifth consecutive safe driving award while maintaining an average on-time schedule adherence of 93%, which exceeds MST s system-wide goal of 87%. Additionally in 2008, Fred Simkins once again had perfect attendance and provided exceptional customer service throughout the year. THEREFORE BE IT RESOLVED that the Board of Directors of Monterey-Salinas Transit recognizes Fred Simkins as Employee of the Year for 2008; and BE IT FURTHER RESOLVED that Fred Simkins is to be congratulated for his excellent work at Monterey-Salinas Transit. THE BOARD OF DIRECTORS OF MONTEREY-SALINAS TRANSIT PASSED AND ADOPTED RESOLUTION this 12th day of January 2009 by the following vote: AYES: NOES: ABSENT: Armenta, Clark, Downey, Ford, Mancini, Sanchez, Sharp, Stilwell None None Fernando Armenta Chairman Carl G. Sedoryk Secretary

7 Agenda # 2-4 January 12, 2009 Meeting To: From: Subject: Board of Directors Danny Avina, Marketing and Customer Service Manager Disposal of unclaimed property left on bus St. Vincent De Paul (Seaside) 1 note book 1 wallet 1 backpack 2 shirts 3 cell phones 2 sweaters 1 sunglass 1 pair pants To be disposed 3 credit cards 1 lunch bag 1 ID card 1 note book 1 check book 1 toiletries 2 sets of keys 1 medication 1 baby sweater 2 bottles of beer 1 baby shoe $3.93 turned into accounting for deposit. MST makes an attempt to contact the owners of Lost and Found items. If the items are unclaimed after 30 days, they are added to the above list. PREPARED BY: REVIEWED BY: Danny Avina Carl Sedoryk

8 BOARD OF DIRECTORS REGULAR MEETING MONTEREY-SALINAS TRANSIT December 8, CALL TO ORDER Chair Armenta called the meeting to order at 10:05 a.m. in the MST Conference Room. Present: Karen Sharp Kristin Clark James Ford Libby Downey Vicki Stillwell Thomas Mancini Fernando Armenta Maria Orozco City of Carmel-By-The-Sea City of Del Rey Oaks City of Marina City of Monterey City of Pacific Grove City of Seaside County of Monterey City of Gonzales (Ex-Officio) Absent: Sergio Sanchez City of Salinas Staff: Carl Sedoryk General Manager/CEO Hunter Harvath Asst. General Manager/Finance & Administration Michael Hernandez Asst. General Manager/Chief Operating Officer Robert Weber Director of Transportation Services Lyn Owens Director of Human Resources Kelly Halcon Human Resources Manager Sonia Bannister Office Administrator/Marketing & Sales Specialist Michael Gallant Planning Manager Kathy Williams Accounting Manager Tom Hicks CTSA Manager Kathy Medina Human Resources Assistant Others: Dave Laredo DeLay & Laredo Heidi Quinn DeLay & Laredo Leslie Llantero City of Seaside Dawn Withers Salinas Californian Bob Parks ATU Local 1225 Doug Wallace ATU Local 1225 Alma Almanza CCCIL Rena Weaver Blind and Visually Impaired Center Kim Mitchell Patricia Calgrove Leah Veile MPUSD Carmelita Garcia Pacific Grove resident Raul Estrada Coach Operator

9 December 8, 2008 Minutes Page 2 of 9 Margaret Osborne John Slobodin Jim Fink Jim Wright Bill Martin Del Monte/TA Pacific Grove resident Salinas resident Marina resident MPUSD Apology is made for any misspelling of a name CONSENT AGENDA The consent agenda items consisted of the following: 4-2. Adopt Resolution recognizing Raul Estrada, Coach Operator, as Employee of the Month for December Disposal of property left aboard buses Minutes of the regular meeting of November 17, Financial Report November Adopt 2009 meeting calendar Authorize Chair to appoint ad-hoc Nominating Committee. Director Downey moved to approve the items on the consent agenda. Director Clark seconded and the motion carried unanimously. 5. SPECIAL PRESENTATIONS Robert Weber, Director of Transportation Services introduced Raul Estrada, Coach Operator, as Employee of the Month for December On October 23, 2008, Raul performed the Heimlich maneuver on a co-worker who was chocking on a food item. From all reports, the employee had a fully obstructed airway and was in severe distress. Raul s intervention helped to dislodge the obstruction avoiding what could have been a truly tragic event. 6. PUBLIC COMMENTS Jim Fink, Salinas resident, said for three months in a row, the DART from Edgewater doesn t show up when scheduled even though he has called ahead. The Dispatch for DART need to be handled by MST. Communication on DART from their dispatchers to DART drivers needs to be in English and not in Spanish so that passengers can understand what is being relayed to the drivers.

10 December 8, 2008 Minutes Page 3 of 9 7. COMMITTEE REPORT The Board accepted and filed the MST Legislative Committee Minutes November 17, BIDS/PROPOSALS None. 9. PUBLIC HEARINGS Mr. Harvath, Assistant General Manager for Finance & Administration gave a brief presentation on the proposed fare increase and possible service adjustments. He reported that in response to severe reductions in state funding and local transportation funding uncertainties, MST is proposing to increase fares for both its fixed-route and MST RIDES paratransit services as follows. These changes, if adopted by the Monterey-Salinas Transit Board, would go into effect in January Proposed Service Reductions & Route Eliminations Effective January 2009 Route Service Reduction or Route Elimination Affected Days Peninsula DART Route Elimination Daily Line 1x Asilomar/Lovers Point Express Route Elimination Daily OR Lines 1 & 2 Pacific Grove Route Elimination Daily Line 7 Monterey-Carmel via CHOMP Route Elimination Weekdays Line 9 Fremont-Hilby Service Reduction Saturdays Line 10 Fremont-Ord Grove Service Reduction Saturdays Line 11 Edgewater-Carmel Route Elimination Daily Line 20 Monterey-Salinas Service Reduction Saturdays Line 27 Watsonville-Marina Route Elimination Weekdays Line 28 Watsonville-Salinas Service Reduction Daily Line 29 Watsonville-Salinas Service Reduction Daily Line 41 East Alisal-Northridge Service Reduction Sundays Line 42 East Alisal-Westridge Service Reduction Sundays Line 43 Memorial Hospital Service Reduction Saturdays Line 49 Northridge Route Elimination Daily

11 December 8, 2008 Minutes Page 4 of 9 Proposed Fare Increases Effective January 2009 Current Proposed MST Fixed Route Bus Base Fare (per zone) $2.00 $2.50 Discount Fare $1.00 $1.25 Transfer $0.25 No Change $0.25 Discount Transfer $0.10 $0.10 DayPasses Single Zone $4.50 $6.00 Single Zone Discount $2.25 $3.00 All Zone $9.00 $12.00 All Zone Discount $4.50 $6.00 Monthly Passes Single Zone $62.00 $75.00 Single Zone Discount $31.00 $37.00 All Zone $ $ All Zone Discount $62.00 $74.00 Book of 20 Tickets Regular $40.00 $50.00 Discount $20.00 $25.00 MST RIDES Paratransit Base Fare (Per Zone) $2.50 $3.50 Book of 10 Tickets $25.00 $35.00 A total of seven public hearings were held to receive public comments on the proposed fare increase and/or service change. In addition to in-person comments received at the meetings, MST also received comments via , regular mail, and fax. Two petitions in support of line 1X were also received. Nineteen comments supporting the fare increase and an additional 19 opposing the service reductions were received. Two comments support cutting service and not increasing the fares. Three comments were received opposing both the fare increase and the service cuts. Two people support both the fare increase and service reduction. Eleven ideas were submitted such as eliminating transfers, not operating service on holidays, etc. For MST RIDES, comments support the fare increase; however, don t increase past $3.50 per zone.

12 December 8, 2008 Minutes Page 5 of 9 As a result of the public comments received, staff recommends the following: 1) adopt $0.50 base fare increase for fixed route; 2) adopt $1 per zone fare increase for MST RIDES; 3) return to using ultralow sulfur clean diesel fuel until biodiesel is financially competitive; and 4) implement height-based free fare for passengers under 46. Director Stilwell asked about the pros and cons of eliminating transfers. Mr. Harvath commented that eliminating the transfers would basically double the cost for those trips within one zone. However, the longer trips using only one bus would only pay once. The system in designed to force people to transfer at the major transfer points. Chair Armenta opened the public hearing at 10:46 a.m. to receive public comments on the proposed changes. Nancy Hamilton, Pacific Grove resident, commented about this meeting being held during the day. It should have been in the evening at the Monterey Public Library. The other meetings in Seaside and Salinas were in the evenings and along bus routes. Regarding fareboxes in the mini-vans, the fareboxes need to be lower. Drivers cannot see over the farebox. Just going from Pacific Grove to Carmel resulted in her using three buses. Eliminating transfers would cause her to pay for her fare three times. Cutting service will result in fewer passengers. Many people decide where to live based on bus routes. The Riders Guide cover could be done more cheaply than using full color glossy covers. With regards to Biofuel, she suggested hitting up conservation groups to subsidize the fuel costs. She urged staff to hit up major employers to subsidize certain routes (Aquarium, CHOMP). Alma Almanza, CCCIL, supports the fare increase to MST RIDES; however, not by $1. She urged the Board to consider raising it to $0.50 cents. The $1 increase would make it harder for the disabled community who are already on a fixed income and don t have the luxury of picking up more hours with their employment. The fixed route fares are increasing by 25% and MST RIDES is increasing by 40%. Increase the fares by $0.50 cents. Rena Weaver, Blind Center, supports the MST RIDES fare increase; however only by $0.50 cents. She requests keeping line 1X intact. Her clients are mostly seniors on fixed income. Kim Mitchell is upset about getting rid of line 11. This line in the morning is always full of passengers. Eliminating this route would cause her to take three buses to get from Pacific Grove to Carmel. The drivers on line 11 allow people to take up two seats.

13 December 8, 2008 Minutes Page 6 of 9 Nancy Hamilton, Pacific Grove resident, made a choice to ride the bus last year. She is upset that MST is suspending the biodiesel fuel program. She uses line 1X. If this route is gone, she will have to walk one mile to the nearest bus stop. Patricia Cauldgrove, has been using the bus most of her life. The bus service to Carmel is unacceptable. Jim Wright, Marina resident, wants DART to stay. He uses these buses to get to his doctor appointments. He suggested putting questionnaires on the buses to find out which buses are being used the most. Do not eliminate lines 7, 1X and 11. Leah Veile, Chief Business Officer for MPUSD, commented that the school districts within California are not receiving any additional funds that are being cut from public transit. The State is backfilling so that the school receives the same amount as previous years. She is receiving less than $1 million to transport students on school buses. The school district is using money allocated for classroom supplies and are supplementing their transportation program by $2 million annually. They appreciate what MST is doing in transporting the students to/from school. Margaret Osborne asked if the trolley program would continue. Staff responded that it is fully funded by the City of Monterey and the Monterey Bay Aquarium. Jim Fink, Salinas resident, said to keep up with inflation, the base fare should be $2.60 and it needs to go up. Fare increases are needed; however, it is not enough and they need to be raised them higher. Seeing no one wishing to comment, Chairman Armenta closed the public hearing at 11:09 a.m. Director Downey said there should be a discount for ticket books for MST RIDES. She suggested approaching CHOMP, MPC, and the hospitality industry in subsidizing routes serving their facilities. She would like to reduce the discounts offered to students. Director Ford understands the $0.50 cent increase in MST RIDES. He does not support eliminating the youth discount. In addition to using the bus to get to/from school, many of the students rely on public transit to get to/from their jobs and extra curricular activities after school. Director Mancini prefers raising the fares instead of cutting service. Director Sharp would like to offer more incentive for 10 tickets for MST RIDES to give RIDES clients a bigger discount. Director Clark urged the members of the public to write to their elected officials to try to get more funding for public transit.

14 December 8, 2008 Minutes Page 7 of 9 Director Orozco thanked staff for their presentations during the public hearings. She supports the fare increase and wants to keep existing service FARE INCREASE AND/OR SERVICE REDUCTIONS Staff recommends the following: 1) adopt $0.50 cent fare increase to fixed-route; 2) adopt $0.50 cent per zone fare increase to RIDES; 3) return to ultra low sulfur clean diesel until biodiesel is financially competitive; 4) implement height-based free fares at less than 46 ; 5) fast-track smart farebox procurement; and 6) maintain youth discount revisit for FY 2010 budget. Director Downey moved to have staff re-evaluate the various requests regarding the fare increases and not cut service and to report back to the Board with updated proposed fares. Director Stilwell seconded. After further discussion, Director Stilwell removed her second to the original motion. The original motion failed due to lack of a second. Director Mancini moved to accept the staff recommendation and within the next 90 days, staff may come back to the Board with any potential modifications based on the State Budget. Director Ford seconded and the motion carried with Director Downey opposed. Director Orozco left at 11:36 a.m FRANK J. LICHTANSKI MONTEREY BAY OPERATIONS PROJECT Mr. Hernandez, Assistant General Manger/Chief Operating Officer, gave a brief update on the Frank J. Lichtanski Monterey Bay Operations project. Modifications have been made to the sizes of the offices and some of the open space in the Maintenance section. There are some outstanding issues with the current site. MST is unsure if Monterey County would allow 8 th Avenue to be closed off, and there currently is no water allocated to the site. Staff recently learned of a habitat conservation plan that has not been completed. There are two species a plant and a salamander that would be affected. County staff has indicated a perceived conflict with the gateway to the Equestrian Center and the Veterans Cemetery. In November, Monterey County staff approached MST with the notion of possibly moving to another site called Whispering Oaks located along Inter Garrison Road. This area is zoned for light industrial use with water allocation. There is potential for MST to be master developer for unused parcels of land. Some concern is there is a large gas line directly under the site, landfill approximately ¼ mile from the site, and sewage issues.

15 December 8, 2008 Minutes Page 8 of 9 MST has already been spent $400,000 in developing the original site. Expenses related to building design are transferrable; whereas expenses directly related to the site are not transferrable LINE 55 UPDATE Mr. Gallant, Planning Manager, provided an update on line 55 Monterey-San Jose Express. Ridership on this line has been growing exponentially with over seven passengers per hour in August Passenger surveys reflect that overall, 90% of those surveyed reported that they were very or somewhat satisfied with this route. Only 4% were unsatisfied. The primary trip purpose is to visit friends and family. If this route was unavailable, 37% of passengers would not have made the trip. This demonstrates a significant demand for this connection between Monterey and the bay area. John Slobodin has ridden this route and it s a very good service. He suggested increasing the fares outside of Monterey County to match VTA fares. Jim Fink said the times listed on the timetables do not reflect current running time. It s always in Morgan Hill slightly ahead of schedule. The times listed are not realistic for actual traffic conditions LEGISLATIVE PROGRAM Mr. Harvath reported that at the federal level, Congress will continue to implement the final year of the Transportation Authorization bill (SAFETEA-LU) including provisions related to funding transit operations and capital programs, as well as programs designed to fund transit in rural areas, to increase access for the disabled, to protect transit vehicles and facilities, and to support intelligent transportation systems. At the state level, MST will continue to push for the restoration of transit funds that have been diverted to other purposes and identification of legislative remedies that enhance the efficiency and effectiveness of transit service. Given the financial situation MST has had to face with reduced funding, staff will look at converting MST from a Joint Powers Agency to a District. This would allow MST to pass its own tax to be used for public transit. The Board directed staff to: 1) add the conversion to a District to the Legislative Program; 2) research costs associated with becoming a District; 3) continue as appropriate with Board direction; and 4) bring back to the January Board meeting for adoption.

16 REPORTS & INFORMATION ITEMS December 8, 2008 Minutes Page 9 of 9 The reports consisted of the General Manager/CEO Report; Washington DC Lobbyist Report November 28, 2008; Letters rejecting the Governor s proposal to eliminate the State Transit Assistance program; Board Referrals; and Staff trip reports. 13. COMMENTS BY BOARD MEMBERS Director Downey would like to see more lead time when staff is asking the Board to make major decisions. 14. ANNOUNCEMENTS None. 2. CLOSED SESSION The Board adjourned to Closed Session to meet with legal counsel regarding General Manager/CEO performance. 15. RETURN TO OPEN SESSION Upon returning to open Session, General Counsel Laredo announced that no reportable action was taken by the Board. 15. ADJOURNMENT p.m. There being no further business, Chair Armenta adjourned the meeting at 12:00 Prepared by: Sonia A.R. Bannister

17 Agenda # 2-6 January 12, 2009 Meeting To: From: Board of Directors H. Harvath, Assistant General Manager for Finance & Administration Subject: Financial Report December 2008 RECOMMENDATION: 1. Accept report of December cash flow presented in Attachment #1 2. Approve December disbursements listed in Attachment #2 3. Accept report of December treasury transactions listed in Attachment #3 FISCAL IMPACT: #1. The cash flow for December is summarized below and is detailed in Attachment Beginning balance November 22, 2008 $ 8,672, Revenues 1,700, Disbursements < 2,388, > Ending balance December 19, 2008 $ 7,984, POLICY IMPLICATIONS: Disbursements are approved by your Board each month and are shown in Attachment #2. Treasury transactions are reported to your Board each month, and are shown in Attachment #3. Prepared by: Reviewed by: Hunter Harvath Carl Sedoryk

18 Attachment #3 TREASURY TRANSACTIONS FOR DECEMBER 2008 Date Account Confirm # Bank Deposit Withdrawal Balance Balance Forward at 11/22/08 $ 8,253,771 Dec 2 LAIF FNB 514,000 8,767,771 Dec 2 LAIF WF 514,000 8,253,771 Dec 3 LAIF WF 400,000 7,853,771 Dec 12 LAIF FNB 492,000 8,345,771 Dec 15 LAIF WF 369,000 7,976,771 Dec 17 LAIF WF 420,000 7,556,771 Local Agency Investment Fund: (Earned 2.568% for Nov. 2008) $ 7,556,771 Treasury Balance at 12/19/08: $ 7,556,771

19 JOSE P. TAMONTE 9 YEARS OF SERVICE WHEREAS, Jose P. Tamonte began his career with Monterey-Salinas Transit on June 15, 1999 as a Coach Operator; and WHEREAS, Jose P. Tamonte has been recognized with numerous safety and customer service awards; and WHEREAS, Jose P. Tamonte provided exceptional support to MST s new Coach Operator training program; and WHEREAS, Jose P. Tamonte supported numerous MST events and other employee functions through volunteer efforts; and WHEREAS, Jose P. Tamonte supported MST S mission through his professionalism and dedication to safety, accumulating 5 years of Safe Driving; and WHEREAS, Jose P. Tamonte is a positive influence within the workforce and maintained an excellent working relationship with his customers, peers, and all MST staff; and WHEREAS, after 9 years of service with MST, Jose P. Tamonte retired on December 23, THEREFORE BE IT RESOLVED that the Board of Directors of Monterey-Salinas Transit recognizes and congratulates Jose P. Tamonte for his outstanding service to MST; and BE IT FURTHER RESOLVED the Board of Directors expresses its sincere gratitude to Jose P. Tamonte and wishes him continued success, and a satisfying retirement. THE BOARD OF DIRECTORS OF MONTEREY-SALINAS TRANSIT PASSED AND ADOPTED RESOLUTION this 12th day of January 2009 by the following vote: AYES: NOES: ABSENT: Armenta, Clark, Downey, Ford, Mancini, Sanchez, Sharp, Stilwell None None Fernando Armenta Chairman Carl G. Sedoryk Secretary

20 Agenda # 2-8 January 12, 2009 Meeting To: From: Subject: Board of Directors H. Harvath, Assistant General Manager for Finance and Administration Marina Transit Exchange Mixed-Use Development RECOMMENDATION: Authorize staff to extend by six months MST s exclusive negotiations with Gannet Fleming Project Development Corp. and Urban Housing Communities for the development of the mixed-use phase of the Marina Transit Exchange. FISCAL IMPACT: Unknown at this time. If negotiations with the Gannett Fleming / Urban Housing Communities team are successfully completed, staff will return to your Board with fiscal impact data and submit a request for final approval for the selection of the firm as the master developer for this project. POLICY IMPLICATIONS: Your Board approves expenditures exceeding $25,000. Phase 2 of the Marina Transit Exchange mixed-use development will cost in excess of $25,000 to build. DISCUSSION: From 2000 to 2005, MST and the city of Marina had been in negotiations to build a new transit facility on MST s 3.3-acre property at 280 Reservation Road that would include some mixed-use commercial/professional and residential structures. In October of 2005, MST issued a Request for Proposals (RFP) for a master developer to construct both the transportation portion as well as the mixed-use buildings at this location. MST only received one proposal from Mid-Peninsula Housing, Inc., which was deemed non-responsive due to an inadequate financial package as well as the housing mix offered. In October of 2006, the Marina City Council approved a specific plan and an environmental document for the MST property that allowed MST to go forward with constructing the transit portion of the site while providing the opportunity to attract additional interest among the development community for the mixed-use portion of the project. In June of 2007, MST issued an RFP for a master developer to build a mixed-

21 use commercial/professional and residential project on the remaining 2.3 acres of land adjacent to the Marina Transit Exchange. This second RFP had fewer restrictions on development and had more incentives for prospective developers. Community Housing Improvement Systems and Planning Association, Inc. (CHISPA) submitted the only proposal received by MST. CHISPA s proposal did not meet the requirements set out in the RFP, the objectives of MST s Joint Development Policy adopted by your Board at its August 13, 2007, meeting, or the vision of the City of Marina for this site. In April of 2008, MST once again issued an RFP for a master developer for the Marina Transit Exchange Phase 2 mixed-use project. In order to try to solicit qualified developers for this project, the scope of work was further revised and simplified. Gannett Fleming was the only submittal that was received. Gannett Fleming has a long history of project and construction management as well as architectural and engineering services around the country with a specialization in transit projects. Gannett Fleming Project Development Corp. focuses on public/private partnerships with emphasis on transportation/transit and mixed-use with workforce housing. It has managed residential and/or commercial development and construction projects in such northern California communities as Rohnert Park, Vallejo, and Santa Rosa. If this project moves forward, Gannett Fleming would partner with Urban Housing Communities, which has experience building residential communities in Madera, Elk Grove, Santa Rosa, and Indio, California. Urban Housing Communities was formed by key executives of AIG SunAmerica, ASL Housing and Heritage Community Housing and has established a partnership with Morgan Stanley for purchase of federal and state tax credits that can help finance these types of developments. Given their extensive experience in transit, residential and commercial development and their financial resources and partners, staff requested and received authorization to enter into exclusive negotiations with Gannett Fleming and Urban Housing Communities to develop the Marina Transit Exchange mixed-use site from your Board at its July 14, 2008 meeting. Due to recent turmoil in the credit and real estate markets, staff is requesting a six-month extension to continue exclusive negotiations with the developer team in order to reach a successful project agreement. PREPARED BY: REVIEWED BY: Hunter Harvath Carl G. Sedoryk

22 Agenda # 2-9 January 12, 2009 Meeting To: From: Subject: Board of Directors C. Sedoryk, General Manager/CEO Performance Incentive for the General Manager/CEO RECOMMENDATION: Approve a 5% annual Performance Incentive for the General Manager/CEO. FISCAL IMPACT: $7, This cost is included in the approved FY 2009 operating budget. POLICY IMPLICATIONS: Your Board approves the employment agreement with the General Manager/CEO. DISCUSSION: On September 18, 2008, your Board renewed an employment agreement with the General Manager/CEO. The agreement provides benefits comparable to those currently received by Monterey-Salinas Transit Employee Association including an incentive pay pool equal to 5% of the GM/CEO base salary with the incentive paid based upon performance in accordance with achievement of Board adopted goals and objectives. According to the amended agreement, the incentive for the current year of the contract will use the base salary as of July 1, The incentive payment calculated each year is a one-time payment and does not increase the base pay. At your meeting of November 10, 2008 your Board completed a review of the GM/CEO performance and achievement of Board adopted goals and objectives. Based upon this review your Board recommended an incentive payment of 5.0%. If approved, this matter shall authorize payment of a 5% Performance Incentive to the General Manager/CEO.

23 Agenda # 2-10 January 12, 2009 Meeting To: From: Subject: Board of Directors Hunter Harvath, Assistant General Manager Finance & Administration 2009 Legislative Program RECOMMENDATIONS: Approve the Monterey-Salinas Transit 2009 Legislative Program. FISCAL IMPACT: None. The 2009 Legislative Program would advocate preservation of existing transportation funding and increased funding for priority projects. POLICY IMPLICATIONS: Your board adopts an annual legislative program. The recommended legislative program for 2009 (Attachment 1) is consistent with our mission to lead and advocate and deliver quality public transportation. The 2009 Legislative Program will be presented to state and federal legislators and will guide MST positions on legislative matters throughout the year. The Legislative Program is also used as a guideline for supporting, opposing, or watching legislation when time does not permit official MST Board action on specific legislation. DISCUSSION: In addition to participating in the California Transit Association (CTA) and American Public Transportation Association (APTA), MST is represented by John Arriaga (JEA & Associates) in Sacramento and by Walters & Associates in Washington, D.C. These firms provide analysis, advice, staff support, and advocacy on our behalf. They have also assisted MST in seeking additional state and federal funding. At the federal level, Congress will continue to implement the final year of the Transportation Authorization bill (SAFETEA-LU) including provisions related to funding transit operations and capital programs, as well as programs designed to fund transit in rural areas, to increase access for the disabled, to protect transit vehicles and facilities, and to support intelligent transportation systems. MST has enjoyed an excellent relationship with its federal legislators as evidenced by the recent congressional appropriations for facilities, buses, and ITS (Intelligent Transportation Systems) projects. Federal dollars continue to be crucial to the MST capital program, particularly

24 for the replacement of buses and development of transit centers and the Frank J. Lichtanski Monterey Bay Operations and Fueling facility on the former Fort Ord. In addition, staff will continue participating in discussions with fellow APTA members regarding funding and program priorities to be included in the next transportation authorization legislation, scheduled to take effect with FY At the state level, MST will focus on ensuring that its projects are funded through the state transportation bond approved by voters in November of MST will continue to push for the restoration of transit funds that have been diverted to other purposes and identification of legislative remedies that enhance the efficiency and effectiveness of transit service. New for the 2009 Legislative Session is exploration into the conversion of MST from a Joint Powers Authority to a Rapid Transit District, which would potentially enable the agency to generate local revenues that would not be subject to state diversions. Overarching issues of concern at the state level continue to include another projected budget shortfall for FY 2010 and potential AB32 restrictions on greenhouse gasses. In particular, the Governor s proposed elimination of the State Transit Assistance program is of grave concern to MST with regards to financial support for the RIDES paratransit program, currently experiencing a substantial growth in demand. In order to maximize our legislative effectiveness, MST will continue to work closely with CTA at the state level and APTA at the federal level. Additionally, MST shares a number of the same legislative objectives as TAMC, the Fort Ord Reuse Authority and the County of Monterey. It should be noted that JEA & Associates also represents TAMC, FORA and the County of Monterey in Sacramento. In addition, MST s 2009 legislative program includes supporting the federal Transportation Authorization of 2009 principals put forth by the California Alliance for Leadership in Mobility led by Governor Arnold Schwarzenegger, the California Business, Transportation and Housing agency, and Caltrans. These principals are profiled in Attachment 2. Attachment 1: Proposed MST 2009 Legislative Program Attachment 2: California Consensus on Federal Transportation Authorization for 2009 cc: J. Arriaga, JEA &Associates T. Walters, Walters & Associates

25 ATTACHMENT 1 Proposed State Issues MST 2009 Legislative Program 1S. Engage in cooperative support among partner organizations. a. Support the 2009 California Transit Association (CTA) Legislative Program. b. Support the 2009 State Legislative Programs for the Transportation Agency for Monterey County (TAMC), the Fort Ord Reuse Authority, and Monterey County. c. Support other partner agency legislative efforts where common interests exist. d. Ensure state legislative efforts are consistent with and coordinated with the MST federal legislative program. 2S. Support transit-related legislation. a. Support legislation and polices that enable transit supportive development. b. Introduce and/or support legislation creating pilot programs to fund public transit buses and support vehicles with bio-fuel-powered and other alternative-powered engines, including hybrids. c. Explore the potential advantages and possible disadvantages of rapid transit districts (RTDs) and, if appropriate, introduce legislation supportive of MST s transformation from a joint powers authority to an RTD. d. Support legislation that increases safety for transit employees and customers by increasing penalties against those that commit crimes against an operator of a transit vehicle, against the transit riding public, or against property of transit agencies. e. Support legislation to reduce the requirement of a two-thirds supramajority vote for enactment or continuation of local county sales taxes for transportation purposes and to remedy the impact of the decision in the Santa Clara County Local Transportation Authority vs. Guardino case. f. Support legislation to reduce the liability exposure of transit agencies related to the placement of bus stops to remedy the impact of the California Supreme Court Bonanno vs. Central Contra Costa Transit Authority decision.

26 3S. Encourage the state to restore, preserve and augment transportation and transit funding. a. Oppose any transfer or expenditure of Transportation Development Act, Public Transportation Account, Traffic Congestion Relief Fund, and other transit funds to state and local agencies for purposes other than those specified in the Act and existing transit funding law. Seek repayment for the transfer of these same funds from previous years including interest, including a permanent payback of Public Transportation Account spillover funds. b. Support and advocate for the development of legislation that provides fair and equitable transportation program funding and project criteria and allocation formulas for funds from transportation and housing bond measures that were passed on the 2006 General Election Ballot. Ensure that such legislation maximizes funds for MST and retains the region s authority to decide how to program any new funds. Work with the Governor s Administration, the Legislature, the California Transportation Commission, Caltrans and others in key decision-making processes. Seek bond funding for the Frank J. Lichtanski Bus Operations Center, new bus purchases, transit stations in Monterey and Salinas, security improvements to property and buses, Bus Rapid Transit and mixed-use transit oriented developments (TODs). c. Seek state funding for critical transit capital projects, including but not limited to bus and bus replacement, the Monterey Bay Operations and Fueling Facility, Monterey Transit Center, Intelligent Transportation System (ITS), Security and other transit facilities. d. Support enactment of comprehensive long-term transit funding programs to: increase operating revenue; create new transit capital funding programs; enact transit-supportive development funding; add revenue needed to comply with air quality requirements, including a cap and trade system for greenhouse gasses with funding for transit; index the gas tax to inflation; and protect and recover from state budget actions that shift of transit revenue to non-transit purposes. 4S. Support reductions in burdensome legal and/or regulatory requirements. a. Support exemptions for small operators from financially burdensome new legal or regulatory requirements, or to minimize their impact on small operators. b. Oppose efforts to mandate benefits or other specific working conditions that should more appropriately be addressed through the local collective bargaining process.

27 5S. Raise MST s profile and role in state legislative issues. a. Continue to bring Legislators, key Governor Schwarzenegger staff and others to MST for a facilities tour and presentation. b. Continue having MST Board and staff participate in transit-related meetings with elected representative, key transportation and budget committee members and other officials. January 12, 2009 Board Meeting

28 Federal Issues Proposed MST 2009 Legislative Program 1F. Engage in cooperative support among partner organizations. a. Support the 2009 American Public Transportation Association (APTA) Legislative Program. b. Support the 2009 Federal Legislative Programs for the Transportation Agency for Monterey County, the Fort Ord Reuse Authority and Monterey County. c. Support other partner agency legislative efforts where common interests exist, including the California Alliance for Leadership in Mobility. d. Participate in TAMC efforts to gain funding from New Starts Program for fixed-guideway service within the Monterey Bay region. 2F. Ensure short-term and long-term transit funding stability and expansion. a. Seek federal funding for critical transit projects, including but not limited to new buses, bus facilities, Bus Rapid Transit, and Intelligent Transportation System (ITS) technology. b. Seek maximum annual appropriations for transit programs and maintain the guaranteed funding levels and firewalls established in current legislation that match transportation revenue to transportation expenditures. c. Protect funding levels according to existing formulas of SAFETEA-LU federal reauthorization and seek funding from all authorized funding sources including New Freedoms, Jobs Access Reverse Commute (JARC), New Freedoms (NF), ITS, Homeland Security and other programs. d. Participate in planning, discussions and negotiations for the next federal transportation reauthorization and support the APTA Recommendations on Federal Public Transportation Authorizing Law. e. In the federal reauthorization legislation, stabilize and increase transportation funding sources in light of the potential bankruptcies of the federal highway trust fund and transit trust fund within the coming years, including raising or indexing the gas tax to inflation. f. Support California receiving its fair share of its contribution to federal transportation funding.

29 g. Oppose efforts to place a statewide funding cap or limit on formula or discretionary federal transit funds. h. Retain eligibility for Department of Homeland Security grants for transit security. i. Promote Intelligent Transportation System (ITS) programs and research, as a cost-effective means of addressing transportation needs. j. Seek additional funding for elderly and disabled transportation, including additional funding for the federal Section 5310 elderly and disabled transit capital funding program and New Freedoms Program. k. Oppose any efforts to shift transit funds to other programs or projects. l. Include transit capital and operating funds as part of economic stimulus bills and relieve local agencies from funding match requirements. 3F. Support reductions in burdensome legal and/or regulatory requirements. a. Encourage legislative and regulatory efficiency. b. Work to streamline regulations and improve the ability of local and regional agencies to deliver transportation projects in a timely, costeffective manner. 4F. Raise MST s profile and role in federal legislative issues. a. Continue to bring Legislators, key staff and others to MST for a facilities tour and presentation. b. Continue having MST Board and staff participate in transit-related meetings with elected representative, key transportation and budget committee members and other officials. January 12, 2009 Board Meeting

30 Agenda # 2-11 January 12, 2009 Meeting To: From: Subject: Board of Directors Ben Newman, Risk Manager Liability Claim Rejection RECOMMENDATION: Reject claim against MST by the claimant below. FISCAL IMPACT: $30,000. POLICY IMPLICATIONS: None. DISCUSSION: Anita Gervado alleges to have been injured while traveling in a vehicle operated by MV Transportation. A claim has been filed by the claimant with MV Transportation. A claim was also filed by the claimant against MST, an involved entity because of vehicle ownership. The above claim is under investigation. If any Board member desires further information on this claim, they may request it be discussed in closed session. PREPARED BY: APPROVED BY: Ben Newman Carl Sedoryk

31 Agenda # 2-12 January 12, 2009 Meeting To: From: Subject: Board of Directors L. Owens, Director of Human Resources-Risk Management Ratify PERS Resolution Employer Pre-Tax Member Contributions to CalPERS RECOMMENDATION: Ratify re-tax member contributions and revenue ruling FISCAL IMPACT: None. POLICY IMPLICATIONS: None. DISCUSSION: The resolution following this memorandum is required of all public agencies and schools who contract with the Public Employees Retirement System (PERS) and pay all or part of the employee s retirement benefit with pre-tax dollars. This is known as the tax-deferred member contribution (pick-ups). In a review of their files, PERS discovered they did not have these resolutions for many public agencies and school as is required for ongoing compliance with CalPERS regulations and federal tax reporting requirements. It is recommended that your Board ratify the resolution as presented. PREPARED BY: Lyn Owens REVIEWED BY: Carl G. Sedoryk ATTACHMENTS 1-2

32 RESOLUTION FOR EMPLOYER PICK-UP WHEREAS, Monterey-Salinas Transit, has the authority to implement the provisions of section 414(h)(s) of the Internal Revenue Code (IRC); and WHEREAS, the Board of Administration of the Public Employees Retirement System adopted its resolution regarding section 414(h)(2) IRC on September 18, 1985; and WHEREAS, the Internal Revenue Service has stated in December 1985, that the implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of section 414(h)(2) IRC; and WHEREAS, Monterey-Salinas Transit has determined that even though the implementation of the provisions of section 414(h)(2) IRC should be provided to its employees who are members of the Public Employees Retirement System: NOW, THEREFORE, BE IT RESOLVED: I) That Monterey-Salinas Transit will implement the provisions of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code section to the Public Employees Retirement System on behalf of its employees who are members of the Public Employees Retirement System. Employee contributions shall mean those contributions to the Public Employees Retirement System which are deducted from the salary of employees and are credited to individual employee s accounts pursuant to California Government Code section II) That the contributions made by Monterey-Salinas Transit to the Public Employees Retirement System, although designated as employee contributions, are being paid by Monterey-Salinas Transit in lieu of contributions by the employees who are members of the Public Employees Retirement System. III) That employee shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by Monterey-Salinas Transit to the Public Employees Retirement System. IV) That Monterey-Salinas Transit shall pay to the Public Employees Retirement System the contributions designated as employee contributions from the same source of funds as used in paying salary. V) That the amount of contributions designated as employee contributions and paid by Monterey-Salinas Transit to the Public Employees Retirement System on behalf of an employee shall be the entire contribution required of the employee by the Public Employees Retirement Law (California Government Code sections 20000, et seq.). VI) That the contributions designated as employee contributions made by Monterey-Salinas Transit to the Public Employees Retirement System shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by the Public Employees Retirement System.