ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
MINUTES  
Board of Directors - Regular Meeting  
CLOSED SESSION 3:30 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, January 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  
1.  
CALL TO ORDER  
The Alameda-Contra Costa Transit District Board of Directors held a meeting on Wednesday,  
January 24, 2024, at 5:00 p.m.  
The meeting was called to order at 4:01 p.m. for the purpose of Closed Session. All Board  
members were present with the exception of Director Walsh who arrived at 4:15 p.m. The  
Board convened in Closed Session to discuss Items 8A-8E as listed on the agenda. Closed  
Session concluded at 4:45 p.m.  
President Young called the Board of Directors meeting to order at 5:02 p.m.  
2.  
3.  
ROLL CALL  
Present:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
PRESENTATION  
3.A. Update on state legislative activities.  
Presenters:  
Darius Anderson & Steve Wallauch, Platinum Advisors  
Darius Anderson and Steve Wallauch of Platinum Advisors made a presentation on  
transit-related legislation.  
Public Comment:  
Warren Cushman thanked Director Shaw for raising Paratransit issues.  
The agenda item was presented for information only.  
4.  
PUBLIC COMMENT  
John Klein commented on the challenges faced by residents of the Brooklyn Basin  
neighborhood to ride the bus and asked the Board to increase bus service in this area.  
5.  
6.  
MODIFICATIONS TO THE AGENDA  
There were no modifications to the agenda.  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
There were no public comments offered.  
MOTION: PEEPLES/McCALLEY to approve the items on the Consent Calendar as indicated, with  
the exception of Item 6.C. (non-revenue vehicle purchase) which was pulled off the agenda for  
discussion. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.A. Consider approving Board of Directors meeting minutes of January 10,  
2024.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/McCALLEY to approve the Board of Directors meeting minutes of  
January 10, 2024. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.B. Consider the reappointment of Ben Gould as AC Transit’s  
representative on the Alameda County Transportation Commission's  
(ACTC) Bicycle and Pedestrian Advisory Committee (BPAC).  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/McCALLEY to reappoint Ben Gould as AC Transit’s representative on  
the Alameda County Transportation Commission's (ACTC) Bicycle and Pedestrian  
Advisory Committee (BPAC). The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.C. Consider authorizing the General Manager, or his designee, to execute  
documents through the State of California State Consortium Contract  
for the procurement of fifteen (15) non-revenue passenger vehicles, to  
replace older vehicles that have surpassed their useful life.  
Staff Contact:  
Salvador Llamas, Chief Operating Officer  
At the request of Director Walsh, the agenda item was pulled off the Consent Calendar  
for discussion. Technical Services Manager Stuart Hoffman presented the report and  
responded to questions along with Director of Maintenance Cecil Blandon. There were  
no public comments offered.  
MOTION: WALSH/BECKLES to continue the item until staff provides a detailed  
state-of-the fleet report to better understand the fleet needs, along with a plan to  
transition to a zero-emission non-revenue vehicle fleet. After discussion, the motion  
was withdrawn by Director Walsh, who then offered a new motion to continue the  
agenda item until the mid-year budget review. The motion failed for the lack of second.  
MOTION: YOUNG/McCALLEY to authorize the General Manager, or his designee, to  
execute documents through the State of California State Consortium Contract for the  
procurement of fifteen (15) non-revenue passenger vehicles to replace older vehicles  
that have surpassed their useful life; and direct staff to develop a zero-emission  
transition plan for non-revenue vehicles and report to the Board within six months. The  
motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.  
REGULAR CALENDAR  
External Affairs Items - Chair Peeples  
7.A. Consider receiving the Monthly Legislative Report.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
External Affairs Representative Steven Jones presented the staff report. There were no  
public comments offered.  
MOTION: YOUNG/McCALLEY to receive the Monthly Legislative Report. The motion  
carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Finance and Audit Items - Chair McCalley  
7.B. Consider receiving an update on the District’s small and local business  
utilization and program accomplishments for 2023. [Requested by Vice  
President Shaw - 3/8/23]  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Lynette Little, Director of Civil Rights & Compliance  
Contracts Compliance Program Manager Phillip Halley presented the staff report. There  
were no public comments offered.  
MOTION: YOUNG/PEEPLES to receive an update on the District’s small and local  
business utilization and program accomplishments for 2023. The motion carried by the  
following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Planning Items - Chair Syed  
7.C. Consider setting hybrid Public Hearings before the Board of Directors  
at 2:00 p.m. and 6:00 p.m. on Wednesday, March 13, 2024, at AC  
Transit’s General Offices; and direct staff to hold two remote Public  
Hearings on March 11, 2024 at 9:00 a.m. and March 12, 2024 at 6:00  
p.m. regarding the Realign Draft Final Service Plan Proposal.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
[Written comment received prior to the meeting is incorporated into the file by  
reference.]  
Principal Transportation Planner David Berman and External Affairs Representative  
Diann Castleberry presented the staff report.  
PUBLIC COMMENT:  
Eric Engelbart commented on the proposed changes to Line 21, noting that the  
proposed change eliminates service to the airport without proposing a viable  
alternative while running against the Board’s own adopted environmental goals.  
Engelbart added that a service cut would leave eastern Alameda residents without a  
viable option for public transportation.  
George Spies recommended that the Board delay the Realign process so it can bring  
forth the most efficient service delivery to the public.  
Dory Goldberg, Co-Chair of People's Transit Alliance, commented on the importance of  
working conditions for transit workers and supported actions which implement  
reliability and runtime improvements on existing routes. Goldberg expressed  
opposition to the hiring of non-ATU labor for the micro transit pilot program proposal  
in the Warm Springs area.  
Navi Rizvi noted that while the proposed service cuts would improv reliability, it would  
add service to some corridors at the expenses of cuts to service on other major  
corridors, including some 'lifeline' routes. Rizvi commented that these proposed route  
changes would not improve service reliability but instead create longer run times and  
missed driver breaks. Rizvi suggested that management should look to reallocate  
resources from Transbay service with the lowest ridership to prevent cuts to local  
service.  
Andy Katz commented that the draft service plan for Realign is premature and would  
send the District on a downward spiral. Katz explained that the depth of the service  
cuts is not budget-based and would create negative service quality because of  
proposed service hour cuts. Katz also commented about proposed service cuts for Lines  
65 and 67 in Berkeley and why these lines should be retained.  
Laurel Paget-Seekins noted the negative impact and likely reduced and unreliable bus  
service in the current Realign proposal. Paget-Seekins commented on alternative ways  
to achieve positive changes, including working with partner cities.  
Jack Watkins, Bus Operator, expressed the negative impact and additional job stresses  
felt by bus operators connected to consideration of the proposed micro transit  
proposal. Watkins asked for Board support of bus operator mental health.  
Richard Marcantonio appreciated the Board's decision to make improvements to  
benefit bus operators and believed that staff should take steps to quickly implement  
these improvements. Marcantonio commented that AC Transit needs to develop its  
visionary network to include both healthy working conditions and frequent, reliable  
service. Marcantonio added that the micro transit proposal should be staffed by AC  
Transit ATU operators.  
David Lyons, retired bus operator, commented on the needs and areas of support for  
bus operators in the Realign process.  
Tyler expressed disappointment of the reported decrease of frequency on urban bus  
lines, like Line 57. Tyler commented that providing frequent local service is key to  
reducing car dependence and the creation of a cycle where decreased congestion  
makes it easier and cheaper to operate buses. Tyler added that re-designing Transbay  
service should be considered to mitigate cuts to local bus service.  
Uchenne Okoye commented on conflicting messaging about service reduction in the  
Realign program, but lauded other Realign program efforts that improve community  
connectivity, especially for student riders.  
Warren Cushman asked that the District clarify its messaging to riders whether the  
workforce crisis or the fiscal cliff dangers are the issues driving the Realign process.  
Cushman commented on the hopeful vision that a system where the operators and  
riders work together to solve its problem.  
Avima Zuliani commented against proposed service reduction on Line 74 line because  
residents would have to travel 15 minutes on streets with no sidewalks to reach other  
public transit or Kaiser hospital.  
Anthony criticized the Board for its inactivity to address the service cuts. Anthony  
noted that the Board should be taking action to reverse service cuts, perhaps by  
re-addressing its contracts with Alameda County Sheriff's Office and the Transbay  
Terminal.  
Juan C commented on views about the Realign proposals and noted support for the use  
of unionized workers for the proposed micro transit proposal.  
Brian Culbertson commented that a reduction of services since 2019 is the beginning of  
a transit death spiral which must be quickly reversed. Culbertson noted that service  
recovery should aim for 2026 when more funding is available. Culbertson also  
commented that the micro transit proposal would be more expensive with fewer riders  
than regular bus service and suggested that Transbay service be de-focused in favor of  
local bus service until 2026.  
Christian Rodrigo, People's Transit Alliance, commented on the tasks that would be  
needed to make Realign successful, like improving bus frequency. Rodrigo noted that  
any micro transit service program should be staffed by ATU workers.  
Chonita Chew requested clarity for the Line 73 service.  
Eve Devilers expressed appreciation for Realign for enhancing transit service reliability.  
Devilers urged the implementation of reliability and runtime improvements on existing  
routes, which would improve bus operator working conditions, and that the district  
continue to push for increased public transit funding. Devilers added support for the  
micro transit proposal if staffed by ATU workers.  
Nathaniel Arnold expressed disappointment for the way the Realign program is  
changing lines 57 and 18, which serve students and the neediest communities. Arnold  
commented on the need to improve policies which improve safety and retention.  
Sam Greenberg noted disappointment that the expected transit transformation for the  
East Bay has not happened and blamed unfair austerity measures. Greenberg agreed  
with other public speakers that any micro transit proposal should be staffed by ATU  
labor and noted that expenditures on Alameda County Sheriffs contract and Transbay  
routes at the cost of cutting local service for transit-dependent riders is unjustified.  
Valery Lancey noted concerns that transbay service is protected over the needs of local  
service, calling Transbay service redundant to BART. Lancey commented that the  
Realign process has been less about transit transformation and more about loss of  
service.  
Robert Mckay commented that prioritization for transit frequency drives productivity  
and increased ridership, and steps should be taken in the short term to cut duplicative  
services or low ridership lines while keeping equity issues in mind. McKay added that  
long-term considerations about managing employee retention needs to be worked out.  
Cecile opposes cuts to union jobs and key transit routes needed by daily commuters.  
Cecile expressed support for more frequent transit service and asked the Board to  
retain critical routes.  
Sultana Adams, Co-Chair, Peoples Transit Alliance, hoped that the comments and  
suggestions of the drivers are heard. Adams commented on concerns about cuts to  
some routes which would leave no service to riders with any other form of public  
transit alternatives and urged the Board to avoid any cuts to these essential routes.  
Adams supported the use of ATU drivers over outsourcing for any possible micro transit  
service.  
Alfred Twu commented that service reliability and good working conditions are the  
most important issues to keep in mind during this process and added that adding and  
retaining a strong number of bus operators is key to restoring service and maintaining  
bus frequency. Twu also noted that the elimination of service that leaves riders without  
any alternative transit options will not improve ridership for the system. Two noted  
that micro transit service has a low track record for ridership and high expense but, if  
needed, must be staffed by union labor.  
MOTION: SYED/BECKLES to extend the Realign process to a March 2025  
implementation (six month extension) and direct staff to report back in three months  
with a recommendations that can be made in August 2024 sign-up related to ensuring  
that critical bus operator issue are being addressed.  
After further discussion of the motion, Director Syed revised the motion on the floor,  
which was seconded by Director Beckles as follows:  
REVISED MOTION: SYED/BECKLES to direct staff to extend the Realign process by six  
months; to refine the draft plan to eliminate disparate impacts on equity priority  
communities; to cease the study of using non-union operators in the District’s service  
area; to approach ATU Local 192 about another general signup and to advise and  
consult with the Board in the next three months on this issue. The motion carried by  
the following vote:  
Ayes:  
BECKLES, WALSH, SYED, PEEPLES  
YOUNG, SHAW, McCALLEY  
Nayes:  
Director Beckles left the meeting at 8:01 p.m. prior to the discussion of Item 7.D.  
Board Administrative Matters - President Young  
7.D. Consider authorizing the issuance of a Request For Proposals for  
executive search services associated with the recruitment of a General  
Counsel/Chief Legal Officer, including the approval of the Scope of  
Services and the evaluation criteria that will be used in scoring the  
proposals.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
Board Administrative Officer Linda Nemeroff presented the staff report. There were no  
public comments offered.  
MOTION: SYED/McCALLEY to authorize the issuance of a Request For Proposals for  
executive search services associated with the recruitment of a General Counsel/Chief  
Legal Officer, including the approval of the Scope of Services and a revised evaluation  
criteria to eliminate points for a local preference. The motion carried by the following  
vote:  
Ayes:  
YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES  
BECKLES  
Absent:  
7.E. Announcement of Chair and Liaison Committee assignments for  
Calendar Year 2024.  
Presenter:  
President Young  
President Young referenced the Committee Chair assignments and the Liaison  
Committee assignments outlined in Staff Report 24-095. There was no public comment  
offered.  
8.  
CLOSED SESSION/REPORT OUT  
Interim General Counsel Shayna van Hoften reported out on the following:  
MOTION: PEEPLES/MCCALLEY to approve settlement in the amount of $289,000 in the matter  
of Brown v. AC Transit, WCAB Case Nos. ADJ9949972, ADJ7920938. The motion carried by the  
following vote:  
Ayes: PEEPLES, MCCALLEY, BECKLES, WALSH, SYED, SHAW, YOUNG  
8.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
Brown v. AC Transit, WCAB Case Nos. ADJ9949972, ADJ7920938  
8.B. Conference with Legal Counsel – Potential Litigation  
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (two cases)  
8.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  
8.D. Public Employee Performance Evaluation  
(Government Code Section 54957)  
Title: General Counsel  
8.E. Conference with Labor Negotiators  
(Government Code Section 54957.6)  
Agency Designated Representatives: Joel Young, Board President  
Title: General Counsel  
9.  
AGENDA PLANNING  
9.A. Review of Agenda Planning Pending List and Agenda Planning Request  
Forms from Director Peeples and Vice President Shaw.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
With concurrence by Directors Syed and McCalley, Director Peeples' agenda request  
was accepted.  
With concurrence by President Young and Director Peeples, Vice President Shaw's  
agenda request was accepted.  
10.  
11.  
GENERAL MANAGER’S REPORT  
10.A. General Manager’s Report for January 24, 2024.  
The report was presented for information only.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
Members of the Board commented on meetings and events attended since the last Board  
meeting.  
12.  
ADJOURNMENT  
There being no further business to come before the Board of Directors, the meeting adjourned  
at 8:15 p.m. The next meeting of the Board is scheduled for February 14, 2024 at 5:00 p.m.  
Respectfully submitted,  
/s/  
Linda A. Nemeroff  
Board Administrative Officer/District Secretary