ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES

Board of Directors - Regular Meeting

CLOSED SESSION 4:15 PM (see item 7 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, July 10, 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, 13328 San Pablo Avenue, Room 9B, San Pablo, California

94806

CALL TO ORDER

The Alameda-Contra Costa Transit District Board of Directors held a meeting on Wednesday,

July 10, 2024, at 5:00 p.m.

Prior to the start of the meeting, Interim General Counsel Shayna van Hoften confirmed that all

requirements of the Ralph M. Brown Act (Govt. Code Sections 54950, et seq.) and the

provisions of Board Policy 101, Section 4.9 regarding teleconferenced meetings were met in

order for Director Peeples to teleconference to the meeting. The Interim General Counsel

advised that all votes must be taken by roll call vote.

The meeting was called to order at 3:04 p.m. for the purpose of Closed Session. All

Boardmembers were present with the exception of President Young. The Board convened in

Closed Session to discuss Items 7A-7D as listed on the agenda. Closed Session concluded at

4:06 p.m.

ROLL CALL

President Young was excused from attending the meeting while traveling on District Business.

Present:

Absent:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

PUBLIC COMMENT

There were no public comments offered.

MODIFICATIONS TO THE AGENDA

Agenda item 5.I. (contract for General Offices 10th floor retrofit) was removed from the

agenda.

CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)

There was no public comment offered on the Consent Calendar.

MOTION: PEEPLES/McCALLEY to receive, approve or adopt the items on the Consent Calendar

as indicated with the exception of Item 5.G. (funding agreements) which was pulled off the

Consent Calendar by Director Walsh. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.A. Consider approving Board of Directors special meeting minutes of June

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5, 2024.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

MOTION: PEEPELS/McCALLEY to approve Board of Directors special meeting minutes of

June 5, 2024. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.B. Consider approving Board of Directors meeting minutes of June 12,

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2024.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

MOTION: PEEPELS/McCALLEY to approve Board of Directors meeting minutes of June

12, 2024. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.C. Consider the adoption of Resolution No. 24-022 to repeal Resolution

No. 23-021, dissolve the AC Transit Accessibility Advisory Committee

(AAC); express appreciation on behalf of senior and disabled fixed

route transit riders to the past members of the AAC and thanking the

members of the General Manager’s Access Committee (GMAC) for

their commitment to accessible public transit; and direct and

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authorize the General Manager to utilize the means he determines are

best-suited for soliciting and receiving input on District planning,

programs and services for seniors and individuals with disabilities.

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: PEEPELS/McCALLEY to adopt Resolution No. 24-022 to repeal Resolution No.

23-021, dissolve the AC Transit Accessibility Advisory Committee (AAC); express

appreciation on behalf of senior and disabled fixed route transit riders to the past

members of the AAC and thanking the members of the General Manager’s Access

Committee (GMAC) for their commitment to accessible public transit; and direct and

authorize the General Manager to utilize the means he determines are best-suited for

soliciting and receiving input on District planning, programs and services for seniors and

individuals with disabilities. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.D. Consider receiving the Monthly Reports on Investments for April and

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May 2024.

Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPELS/McCALLEY to receive the Monthly Reports on Investments for April

and May 2024. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.E. Consider authorizing the General Manager or his designee to file and

execute applications, and any resulting funding agreements or other

such documentation required, for the U.S Department of

Transportation (USDOT) Fiscal Year (FY) 2024 Strengthening Mobility

and Revolutionizing Transportation (SMART) grant for the Zero

Emission Bus Data Integration and Management Environment System

(ZEBDIME) Project.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPELS/McCALLEY to authorize the General Manager or his designee to file

and execute applications, and any resulting funding agreements or other such

documentation required, for the U.S Department of Transportation (USDOT) Fiscal Year

(FY) 2024 Strengthening Mobility and Revolutionizing Transportation (SMART) grant for

the Zero Emission Bus Data Integration and Management Environment System

(ZEBDIME) Project. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.F. Consider authorizing the General Manager or his designee to file and

execute applications for funding from the Metropolitan Transportation

Commission (MTC) through MTC’s Transit Capital Priorities (TCP)

Program for Federal Fiscal Years (FFY) 2024-25, 2025-26, 2026-27,

2027-28, and 2028-29.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPELS/McCALLEY to authorize the General Manager or his designee to file

and execute applications for funding from the Metropolitan Transportation Commission

(MTC) through MTC’s Transit Capital Priorities (TCP) Program for Federal Fiscal Years

(FFY) 2024-25, 2025-26, 2026-27, 2027-28, and 2028-29. The motion carried by the

following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.G. Consider adoption of Resolution Nos. 24-027 and 24-028 authorizing

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the General Manager, or his designee, to file and execute applications

and funding agreements with the Metropolitan Transportation

Commission (MTC) for the Bus Accelerated Infrastructure Delivery

(BusAID) Program for the Park Street Transit Signal Priority (TSP) and

Signal Optimization Project and International Boulevard Transit Lane

Delineation Project.

Staff Contact:

Chris Andrichak, Chief Financial Officer

Item 5.G. was pulled off the Consent Calendar by Director Walsh for questions that

were addressed by staff.

MOTION: WALSH/BECKLES to adopt Resolution Nos. 24-027 and 24-028 authorizing the

General Manager, or his designee, to file and execute applications and funding

agreements with the Metropolitan Transportation Commission (MTC) for the Bus

Accelerated Infrastructure Delivery (BusAID) Program for the Park Street Transit Signal

Priority (TSP) and Signal Optimization Project and International Boulevard Transit Lane

Delineation Project. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.H. Consider authorizing the General Manager to execute a funding

agreement with the Bay Area Rapid Transit District (BART), for East Bay

Paratransit Software.

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Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Chris Andrichak, Chief Financial Officer

MOTION: PEEPELS/McCALLEY to authorize the General Manager to execute a funding

agreement with the Bay Area Rapid Transit District (BART), for East Bay Paratransit

Software. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.I.

Consider approving a single source contract award to One WorkPlace

Construction, LLC (dba Vantis) to provide technological equipment,

supplies, and labor associated with the upgrade of the tenth-floor

conference room in the District’s General Office building.

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Staff Contact:

Ahsan Baig, Chief Information Officer

This item was removed from the agenda.

5.J.

Consider authorizing the General Manager to exercise the first of five

one-year options under agreements with Stanford University (the

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“University”) and Stanford Health Care (ther “Hospital”) to continue

operating Line U service at no cost to the District through August 31,

2025.

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

MOTION: PEEPELS/McCALLEY to authorize the General Manager to exercise the first of

five one-year options under agreements with Stanford University (the “University”) and

Stanford Health Care (ther “Hospital”) to continue operating Line U service at no cost to

the District through August 31, 2025. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.K. Consider exercising the first of three one-year options with MV

Transportation to continue operating the Dumbarton Express service

under the existing contract through December 31, 2025.

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Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

MOTION: PEEPELS/McCALLEY to approve the first of three one-year options with MV

Transportation to continue operating the Dumbarton Express service under the existing

contract through December 31, 2025. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

Planning Items - Chair Syed

6.A. Consider receiving a report on the District’s planned service changes

REGULAR CALENDAR

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associated with the August 2024 Sign-up.

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Transit Schedules Administrator Christine Eduok presented the staff report. Transit

Schedules Manager Ajay Martin also addressed questions from the Board.

Public Comment:

Jessie Gunn thanked the Board and staff for listening to the concerns of operators but

suggested a more proactive approach in the future that would avert the need for scores

of union members to attend Board meetings to express their concerns. Gunn suggested

a communication protocol be put in place to keep all parties on track.

MOTION: SHAW/BECKLES to receive report on the District’s planned service changes

associated with the August 2024 Sign-up. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

CLOSED SESSION/REPORT OUT

Assistant General Counsel Aimee Steele reported out on the following:

MOTION: MCCALLEY/SYED to authorize settlement in the matter of Winder v. AC Transit,

WCAB Case Nos. ADJ13247201 and ADJ11019890 up to $242,296.20 minus permanent

disability advances estimated to $25,520.00 (approximately $216,776.20 in new money). The

motion carried by the following vote:

Ayes: MCCALLEY, SYED, BECKLES, WALSH, PEEPLES, SHAW

Absent: YOUNG

There were no other reports out of Closed Session.

7.A. Conference with Legal Counsel – Existing Litigation

(Government Code Section 54956.9 (a))

- Chris Winder v. AC Transit: Claim No. ACCT-026299; WCAB Case No. ADJ13247201 and Claim

No. ACCT-0038; WCAB Case No. ADJ11019890.

7.B. Conference with Legal Counsel – Potential Litigation

Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (two cases)

7.C. 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

7.D. Public Employee Appointment

(Government Code Section 54957(c))

Title: General Counsel

AGENDA PLANNING

8.A. Review of Agenda Planning Pending List and Agenda Planning Request

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Forms.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

There were no new items added to Agenda Planning.

GENERAL MANAGER’S REPORT

9.A. General Manager’s Report for July 10, 2024.

The report was presented for information only.

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10.

BOARD/STAFF COMMENTS

(Government Code Section 54954.2)

10.A. Written reports from Board members on travel to District-related

conferences occurring in the last 30 days.

There were no reports provided.

11.

ADJOURNMENT

There being no further business to come before the Board of Directors, the meeting adjourned

in the memory of former General Counsel Kenneth C. Scheidig at 5:30 p.m. The next meeting

of the Board is scheduled for July 24, 2024 at 5:00 p.m.

Respectfully submitted,

/s/

Linda A. Nemeroff

Board Administrative Officer/District Secretary