ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
AGENDA  
Board of Directors - Regular Meeting  
CLOSED SESSION 3:45 PM (see item 8 for details)  
HYBRID MEETING  
AC Transit General Offices  
2nd Floor Board Room - 1600 Franklin Street, Oakland, California  
Phone (669) 900 6833, Webinar ID: 984 8717 5063  
Wednesday, April 24, 2024 at 5:00 PM  
MEMBERS OF THE BOARD OF DIRECTORS  
JOEL YOUNG, PRESIDENT (AT-LARGE)  
DIANE SHAW, VICE PRESIDENT (WARD 5)  
JOVANKA BECKLES (WARD 1)  
JEAN WALSH (WARD 2)  
SARAH SYED (WARD 3)  
MURPHY MCCALLEY (WARD 4)  
H. E. CHRISTIAN PEEPLES (AT-LARGE)  
BOARD OFFICERS  
MICHAEL A. HURSH, GENERAL MANAGER/CHIEF EXECUTIVE OFFICER  
SHAYNA VAN HOFTEN, INTERIM GENERAL COUNSEL/CHIEF LEGAL OFFICER  
LINDA A. NEMEROFF, BOARD ADMINISTRATIVE OFFICER/DISTRICT SECRETARY  
TELECONFERENCE:  
Director H. E. Christian Peeples, 1628 B Street, Room 16-B, Hayward, California  
Live Public Comment  
The public is invited to attend the Board of Directors meeting in person or remotely. Live  
public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover of this agenda.  
District Secretary will call each speaker when it is their turn to speak. Zoom participants must  
use the “raise your hand" feature to indicate they wish to speak on an item and use the  
“unmute” option once prompted to speak.  
For participants calling in, dial *9 to “raise your hand” when the agenda item is called. When  
you are called by the last 4 digits of your phone number, dial *6 to unmute. If you decide not  
to speak, dial *9 to "lower your hand".  
Written Public Comment  
Written comment can be submitted directly to the Board BEFORE the meeting starts. Click on  
corresponding meeting. Please note that eComment submissions close 30 minutes prior to the  
start of the meeting. Written comments can also be emailed to myvoice@actransit.org.  
Indicate the agenda item number in the subject of the email. Email submissions must be  
received two hours prior to the start of the meeting.  
Members of the public who wish to listen/view the meeting can do so at  
"Audio/Video" column. This feature is only available during the live broadcast of the meeting.  
AC Transit does not provide technical support to users accessing the meeting by  
telephone/Zoom.  
1.  
2.  
3.  
CALL TO ORDER  
ROLL CALL  
AB 2449 COMPLIANCE  
Request by Director Peeples to attend the meeting remotely. The Board must take action to  
approve the request to attend the meeting under emergency circumstances.  
4.  
PUBLIC COMMENT  
Any person may directly address the Board at this time on any item of interest to the public  
that is within the subject matter and jurisdiction of the Board. Boardmembers may briefly  
respond to statements or questions from the public, ask questions for clarification, refer a  
matter to staff, request staff to report back at a subsequent meeting, or direct staff to place  
the matter on a future agenda. However, under the Brown Act, the Board cannot engage in  
discussion or take action on any item not listed on the agenda. Public Comment on a specific  
agenda item will be invited at the time the item is being considered. Two (2) minutes are  
allowed for each item.  
5.  
6.  
MODIFICATIONS TO THE AGENDA  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
6.A. Consider approving Board of Directors special meeting minutes of April  
10, 2024.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
6.B. Consider approving Board of Directors meeting minutes of April 10,  
2024.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
6.C. Consider review of Board Policy 322 - Reserve Policy with no  
amendments.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.D. Consider adoption of Resolution No. 24-010 authorizing the General  
Manager, or his designee, to file and execute applications and funding  
agreements with the Metropolitan Transportation Commission (MTC) for  
Fiscal Year (FY) 2024-25 allocations of Transportation Development Act  
(TDA), State Transit Assistance (STA), Assembly Bill 1107 (AB 1107),  
Regional Measure 2 (RM2) bridge toll revenues and Regional Measure 3  
(RM3) bridge toll revenues.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.E.  
Consider adoption of Resolution No. 24-012 authorizing the General  
Manager or his designee to file and execute applications and funding  
agreements with the California Department of Transportation (Caltrans)  
for allocations of the Fiscal Year 2023-24 Low Carbon Transit Operations  
Program (LCTOP) funds for Tempo operating assistance and the Cutting  
Boulevard Project, authorizing execution of related Certifications and  
Assurances, and assigning the General Manager, or his designee, to be  
the Authorized Agent for resulting LCTOP grants.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.F.  
Consider adoption of Resolution No. 24-013 authorizing the General  
Manager, or his designee, to file and execute applications and funding  
agreements, and certifications and assurances with the Metropolitan  
Transportation Commission for the State of Good Repair (SGR) Program  
to maintain the District’s existing transportation infrastructure and  
facilities in a state of good repair, upgrade, rehabilitate or make  
improvements thereto.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.G. Consider adoption of Resolution No. 24-014 authorizing the General  
Manager, or his designee, to file and execute applications and funding  
agreements with the Metropolitan Transportation Commission (MTC) for  
Fiscal Year (FY) 2023-24 allocations of Regional Measure 3 (RM3) bridge  
toll revenues.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.H. Consider authorizing the General Manager to exercise the first option  
year of the contract with Crowe LLP for continued financial auditing  
services.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.I.  
6.J.  
Consider adoption of Resolution No. 24-017 approving revisions to the  
classification specification of Assistant District Secretary.  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
Consider adoption of Resolution No. 24-018 approving minor, clarifying  
amendments to the classification specification for General Counsel/Chief  
Legal Officer.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
6.K. Consider adoption of Resolution No. 24-007 approving a new  
classification series for the Retirement Plan, including the revised  
classifications of Executive Officer Retirement Plan, Principal Retirement  
Plan Analyst, Retirement Plan Analyst, and Retirement Plan Assistant  
Analyst as well as the new classifications of Deputy Executive Officer  
Retirement Plan, Senior Retirement Plan Analyst and Retirement Plan  
Associate Analyst.  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
7.  
REGULAR CALENDAR  
External Affairs Items - Chair Peeples  
7.A. Consider receiving the Monthly Legislative Report and approve  
legislative positions.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
7.B. Consider receiving a briefing related to accessible wayfinding hardware  
and software technology solutions. [Requested by Vice President Shaw -  
9/13/23.]  
Staff Contact:  
Ahsan Baig, Chief Information Officer  
Planning Items - Chair Syed  
7.C. Consider the adoption of Board Policy 491 implementing a new  
District-wide Local Workforce Engagement Policy and authorize the  
addition of a Compliance Administrator in the District’s Fiscal Year  
2024-25 budget.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
7.D. Consider awarding and authorizing the General Manager to execute a  
revenue-generating transit shelter advertising contract with Lamar  
Transit, LLC for a base period of two years with three one-year options  
to extend with a cumulative Minimum Annual Guarantee of $1,050,000  
in revenue for all five years.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Operations Items - Chair Shaw  
7.E.  
Consider authorizing the General Manager to execute a contract, jointly  
with the Bay Area Rapid Transit District (BART), with Spare Labs Inc.  
(Spare) for Software-As-A-Service (SaaS), including turnkey  
implementation and support services, for the East Bay Paratransit  
Consortium (EBPC) for a seven-year term, inclusive of up to a two-year  
implementation period and a five-year operational period.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Ahsan Baig, Chief Information Officer  
7.F.  
Consider approving Resolution No. 24-016 continuing the District’s  
current hiring incentive and employee referral pilot programs for the  
remainder of calendar year 2024.  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
Board Administrative Matters - President Young  
7.G. Consider approving the draft candidate profile for the General  
Counsel/Chief Legal Officer position.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
8.  
CLOSED SESSION/REPORT OUT  
The items for consideration are listed below and will be reported on by the General  
Counsel as necessary at the end of the meeting.  
8.A. Conference with Legal Counsel – Potential Litigation  
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Two cases)  
8.B. Conference with Labor Negotiators  
(Government Code Section 54957.6):  
Agency Designated Representative:  
- General Manager Michael Hursh;  
- Labor and Employee Relations Representative;  
Employee Organizations: ATU Local 192, AFSCME Local 3916, IBEW Local 1245,  
Unrepresented Employees  
8.C. Public Employee Appointment  
(Government Code Section 54957(c))  
Title: General Counsel  
9.  
AGENDA PLANNING  
Directors are limited to two agenda planning requests per meeting. Each item requested shall  
have the concurrence of three Directors, including the requestor.  
9.A. Review of Agenda Planning Pending List and Agenda Planning Request  
Forms.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
10.  
GENERAL MANAGER’S REPORT  
10.A. General Manager’s Report for April 24, 2024.  
11.  
12.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
ADJOURNMENT  
Next Meeting: May 8, 2024 at 5:00 p.m.  
MEETING DISCLOSURES  
Live Audio/Video Stream: Meetings of the Board of Directors are recorded and streamed live on the District’s  
website.  
Public Comment: Live public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover page. Members of the public wishing to present comments in  
person should complete a Speaker’s Form and submit it to the District Secretary at the meeting. For subjects  
not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENT" item on the regular  
meeting agenda. For specific agenda item(s), speakers will be invited to address the Board at the time the item  
is being considered. All speakers, including anyone using simultaneous translation equipment, are allowed two  
(2) minutes to present comments. Speakers using a translator will receive twice the allotted time. Individuals  
wishing to present more detailed information are encouraged to submit comments in writing. Written  
comments are included in the record for meeting(s), and as such, are available for public inspection and may be  
posted to the District’s website.  
Electronic Devices: All electronic devices such as cell phones, smartphones, tablets and similar sounding  
devices, shall be placed on mute, vibrate, or silent mode during Board meetings pursuant to District Ordinance  
No. 12.  
Order of Agenda Items: The Board may discuss any item listed on this agenda and in any order.  
Availability of Agenda-Related Materials: Written agenda-related materials for all open-session regular  
meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed  
to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be  
available to the public at that time, or after the meeting if supplied by an outside party. Agenda-related  
materials are available from the District Secretary’s Office, 1600 Franklin Street, Oakland, California, or on the  
District’s website.  
Accessible Public Meetings/Alternative Formats/Interpreters: Meetings of the Board of Directors are accessible  
to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a  
hearing impairment. Written materials in appropriate alternative formats and disability-related  
modification/accommodations must be made three business days in advance of the meeting or hearing to help  
ensure availability. Subject to availability, sign language, and foreign language interpreters will be provided  
upon request with 72-hour notice. Please direct requests for disability-related modification or accommodation  
and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California,  
94612 or call (510) 891 7201. To access a recording of the current agenda by telephone, dial (510) 891 7200. AC  
Transit’s General Offices are accessible by various bus lines serving the intersection of 17th Street and  
BART station is the 19th Street Station in Oakland.  
District Ordinance No. 13 prohibits non service animals at District facilities unless specifically authorized by law.  
To accommodate individuals with severe allergies and environmental illnesses, meeting participants should  
refrain from wearing scented products to the meeting.