ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES

Board of Directors - Regular Meeting

5:00 PM Regular Meeting

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, November 13, 2024 at 5:00 PM

MEMBERS OF THE BOARD OF DIRECTORS

DIANE SHAW, PRESIDENT (WARD 5)

MURPHY MCCALLEY, VICE PRESIDENT (WARD 4)

H. E. CHRISTIAN PEEPLES (WARD 1)

JEAN WALSH (WARD 2)

SARAH SYED (WARD 3)

ANTHONY C. SILVA (WARD 6)

JOEL YOUNG (AT-LARGE)

BOARD OFFICERS

KATHLEEN KELLY, INTERIM GENERAL MANAGER/CHIEF EXECUTIVE OFFICER

AIMEE L. STEELE, GENERAL COUNSEL/CHIEF LEGAL OFFICER

LINDA A. NEMEROFF, BOARD ADMINISTRATIVE OFFICER/DISTRICT SECRETARY

TELECONFERENCE:

Director H. E. Christian Peeples, 13328 San Pablo Avenue, Room 38C, San Pablo, California

94806

CALL TO ORDER

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

November 13, 2024, at 5:00 p.m.

Prior to the start of the meeting, General Counsel Aimee Steele 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 participate in the meeting and advised that all votes must be

taken by roll call vote.

The meeting was called to order at 2:30 p.m. for the purpose of Closed Session. All

Boardmembers were present. The Board convened in Closed Session to discuss Items 8A - 8D

as listed on the agenda. Closed Session concluded at 4:55 p.m.

President Young called the Board of Directors meeting to order at 5:04 p.m.

ROLL CALL

Director Peeples arrived to the open session portion of the meeting at 5:09 p.m.

Present:

YOUNG, SHAW, SYED, McCALLEY, PEEPLES

PRESENTATION

3.A. Consider the adoption of Resolution 24-039 honoring Director Jovanka

Beckles for dedicated service as a member of the AC Transit Board of

Directors and representative of Ward 1.

24-568

Presenter:

President Joel Young

President Young read Resolution 24-039 honoring Director Jovanka Beckles for

dedicated service as a member of the AC Transit Board of Directors. Board members

joined President Young in sharing their heart-felt appreciation of Director Beckles's

service on the Board. There were no public comments offered.

MOTION: WALSH/PEEPLES to adopt Resolution 24-039 honoring Director Jovanka

Beckles for dedicated service as a member of the AC Transit Board of Directors and

representative of Ward 1. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

PUBLIC COMMENT

Jane Kramer spoke on scarcity of federal/state funding and the belief that policies are a matter

of local and regional concern. Jane stated that the Board should work out its internal

differences so it can gain community support to make changes to local transit.

Director Beckles left the meeting at 5:19 p.m.

MODIFICATIONS TO THE AGENDA

There were no modifications to the agenda.

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

There was no public comment on the Consent Calendar.

MOTION: SHAW/WALSH to receive, approve or adopt items on the Consent Calendar, as

indicated. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.A. Consider approving Board of Directors meeting minutes of October 9,

24-045

2024.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

The District Secretary noted that the minutes would be edited administratively to

correct minor typographical errors.

MOTION: SHAW/WALSH to approve Board of Directors meeting minutes of October 9,

2024. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.B. Consider approving Board of Directors meeting minutes of October 23,

24-046

2024.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

MOTION: SHAW/WALSH to approve Board of Directors meeting minutes of October 23,

2024. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.C. Consider approving Board of Directors/Board Officer Retreat Minutes

24-582

of October 30, 2024.

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: SHAW/WALSH to approve Board of Directors/Board Officer Retreat Minutes

of October 30, 2024. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.D. Consider authorizing lodging expenses for members of the Board of

Directors attending the California Transit Association (CTA) 59th Fall

Conference and Expo on November 20-22, 2024, in San Jose,

California.

24-559

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: SHAW/WALSH to authorize lodging expenses for members of the Board of

Directors attending the California Transit Association (CTA) 59th Fall Conference and

Expo on November 20-22, 2024, in San Jose, California. The motion carried by the

following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.E. Consider receiving the FY 2024-25 first Quarter Travel and Meeting

24-532

Expense Report for the Board of Directors.

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: SHAW/WALSH to receive the FY 2024-25 first Quarter Travel and Meeting

Expense Report for the Board of Directors. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.F. Consider approving the transfer of Director Beckles remaining Ward 1

travel allotment to the new Ward 6 Director, effective December 6,

2024.

24-546

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: SHAW/WALSH to approve the transfer of Director Beckles remaining Ward 1

travel allotment to the new Ward 6 Director, effective December 6, 2024. The motion

carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.G. Consider authorizing General Counsel to attend The Transportation

24-557

Research Board (TRB) Annual Meeting on January 5-9, 2025 in

Washington D.C.

Staff Contact:

Aimee L. Steele, General Counsel/Chief Legal Officer

MOTION: SHAW/WALSH to authorize the General Counsel to attend The Transportation

Research Board (TRB) Annual Meeting on January 5-9, 2025 in Washington D.C. The

motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.H. Consider receiving the General Manager’s Access Committee minutes

24-552

of September 10, 2024.

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

MOTION: SHAW/WALSH to receive the General Manager’s Access Committee minutes

of September 10, 2024. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.I.

Consider receiving the report on the District’s involvement in external

planning processes.

24-553

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

MOTION: SHAW/WALSH to receive the report on the District’s involvement in external

planning processes. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.J.

Consider authorizing the General Manager to enter into a 12-month

extension of the Dumbarton Bridge Regional Operations Consortium

(DBROC) Cooperative Agreement from January 1, 2025, to December

31, 2025, concurrent with the previously-approved 12-month

extension of the service contract with MV Transportation to provide

contracted Dumbarton Bridge Express Bus Services.

11-256s

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

MOTION: SHAW/WALSH to authorize the General Manager to enter into a 12-month

extension of the Dumbarton Bridge Regional Operations Consortium (DBROC)

Cooperative Agreement from January 1, 2025, to December 31, 2025, concurrent with

the previously-approved 12-month extension of the service contract with MV

Transportation to provide contracted Dumbarton Bridge Express Bus Services. The

motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.K. Consider receiving an update on FY 2024-25 First Quarter Customer

24-441

Service Metrics.

Staff Contact:

Nichele Laynes, Director of Marketing, Communications & Customer

Services

MOTION: SHAW/WALSH to receive an update on FY 2024-25 First Quarter Customer

Service Metrics. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.L.

Consider approving the proposed FY 2025-26 Annual Budget

Development Process Calendar.

24-480

Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: SHAW/WALSH to approve the proposed FY 2025-26 Annual Budget

Development Process Calendar. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.M. Consider receiving the Disadvantaged Business Enterprise (DBE)

Semi-Annual Payment Report for the period of April 1, 2024, through

September 30, 2024.

24-525

Staff Contact:

Lynette Little, Director of Civil Rights & Compliance

MOTION: SHAW/WALSH to receive the Disadvantaged Business Enterprise (DBE)

Semi-Annual Payment Report for the period of April 1, 2024, through September 30,

2024. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.N. Consider the adoption of Resolution No. 24-037 approving the revision

of the classification of Director of Safety, Security, and Training, which

includes a retitling to Chief Safety and Security Officer.

24-554

Staff Contact:

Michael A. Hursh, General Manager/Chief Executive Officer

MOTION: SHAW/WALSH to adopt Resolution No. 24-037 approving the revision of the

classification of Director of Safety, Security, and Training, which includes a retitling to

Chief Safety and Security Officer. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.O. Consider authorizing the General Manager to enter into a contract

extension with Brink’s for up to an additional six months for cash

revenue collection services from January 1, 2025, through June 30,

2025.

18-253c

Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: SHAW/WALSH to authorize the General Manager to enter into a contract

extension with Brink’s for up to an additional six months for cash revenue collection

services from January 1, 2025, through June 30, 2025. The motion carried by the

following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

6.P. Consider adoption of revised Resolution No. 24-003 supporting the

Seamless Transit Principles. [Previously considered by the Board of

Directors on June 26, 2024. Requested by Director Beckles - 9/13/23]

24-060b

Staff Contact:

Claudia Burgos, Director of Legislative Affairs and Community

Relations

[Written comment received prior to the meeting is incorporated into the file by

reference.]

The District Secretary noted for the record that the word "amount" was missing from

the second whereas clause on page 2 of the resolution and requested that the Board

adopt the resolution incorporating the minor edit.

MOTION: SHAW/WALSH to adopt revised Resolution No. 24-003 supporting the

Seamless Transit Principles. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

REGULAR CALENDAR

External Affairs Items - Chair Peeples

7.A. Consider receiving the Monthly Legislative Report and approving

24-564

legislative positions, if necessary.

Staff Contact:

Claudia Burgos, Director of Legislative Affairs & Community Relations

[Written comment received prior to the meeting is incorporated into the file by

reference.]

[A document outlining a proposed motion regarding the Regional Transportation

Measure offered by Director Syed was distributed to the Board at the meeting and is

incorporated into the file by reference.]

Director of External Affairs and Community Relations Claudia Burgos presented the

staff report.

Public Comment:

Anthony commented on the upcoming Metropolitan Transportation Commission

meeting scheduled for December 9th regarding the regional transportation measure,

stating that a deal needed to be reached before sending it to State legislative

delegation. According to Anthony, Santa Clara County is the richest county in the Bay

Area but does not want to share control of the money raised in that county. Anthony

stated that it would be in AC Transit’s best interest to pass a regional measure.

Director Syed's proposed motion was discussed, but was not acted on.

MOTION: SHAW/YOUNG to receive the Monthly Legislative Report and approve

legislative positions. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

7.B. Consider the adoption of AC Transit’s 2025 Federal and State Advocacy

24-534a

Programs.

Staff Contact:

Claudia Burgos, Director of Legislative Affairs & Community Relations

External Affairs Representative Maria Henderson presented the staff report. There

were no public comments offered.

MOTION: WALSH/SYED to adopt AC Transit’s 2025 Federal and State Advocacy

Programs as amended to included the addition of the bulleted items outlined in Staff

Report 24-524a. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

7.C. Consider receiving an update on AC Transit’s partnership with the

24-440

Oakland Ballers. [Requested by Director Walsh - 6/12/2024]

Staff Contact:

Nichele Laynes, Director of Marketing, Communications & Customer

Services

Marketing and Communications Manager Andrew Nern presented the staff report.

There were no public comments offered.

MOTION: SHAW/WALSH to receive an update on AC Transit’s partnership with the

Oakland Ballers. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

Operations Items - Chair Shaw

7.D. Consider authorizing the General Manager, acting jointly with the Bay

Area Rapid Transit District (BART), to negotiate and enter into a 4.5

year agreement, with one five-year option period, with Transdev

Services, Inc. (“Transdev”) to serve as the Broker for the East Bay

Paratransit Consortium (EBPC), providing Paratransit Services for AC

Transit and BART as mandated by the Americans with Disabilities Act

(ADA) in an amount not to exceed $387,810,000.

21-471a

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Accessible Services Manager Mallory Brush presented the staff report. There were no

public comments offered.

MOTION: PEEPLES/YOUNG to authorize the General Manager, acting jointly with the

Bay Area Rapid Transit District (BART), to negotiate and enter into a 4.5 year

agreement, with one five-year option period, with Transdev Services, Inc. (“Transdev”)

to serve as the Broker for the East Bay Paratransit Consortium (EBPC), providing

Paratransit Services for AC Transit and BART as mandated by the Americans with

Disabilities Act (ADA) in an amount not to exceed $387,810,000. The motion carried by

the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

7.E. Consider receiving the Quarterly Operations Performance Report for

AC Transit Fixed Route Services during the first quarter of Fiscal Year

2024-25.

24-541

Staff Contact:

Salvador Llamas, Chief Operating Officer

Director of Maintenance Cecil Blandon presented the staff report.

Public Comment

Brian Culbertson expressed disappointment about the Tempo Line having the most

non-operational trips of any line. Culbertson requested an inquiry into the reason for all

the missed trips as well as an explanation for operators having 20% unscheduled

availability. Culbertson questioned if 20% is on par with other transit agencies.

MOTION: YOUNG/WALSH to receive the Quarterly Operations Performance Report for

AC Transit Fixed Route Services during the first quarter of Fiscal Year 2024-25. The

motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

7.F. Consider receiving the FY 2024-25 First Quarter Protective Services

24-569

Report.

Staff Contact:

Marla Blagg, Director of Safety, Security & Training

Manager of Public Safety and Security Ronald Erb presented the staff report. There

were no public comments offered.

MOTION: SHAW/WALSH to receive the FY 2024-25 First Quarter Protective Services

Report. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

7.G. Consider authorizing the General Manager to enter into a contract

with the Contra Costa County Sheriff’s Office for transit police services,

with a base period from January 1, 2025, through December 31, 2027,

with two (2) one-year options to extend upon mutual decision.

24-561

Staff Contact:

Michael A. Hursh, General Manager/Chief Executive Officer

Chief Safety and Security Officer Marla Blagg presented the staff report. There were no

public comments offered.

MOTION: YOUNG/SYED to authorize the General Manager to enter into a contract with

the Contra Costa County Sheriff’s Office for transit police services, with a base period

from January 1, 2025, through December 31, 2027, with two (2) one-year options to

extend upon mutual decision. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

7.H. Consider the adoption of Resolution 24-038 approving a revised Board

Policy 465 - Procurement Policy ("Policy"). [Passage of the Resolution

by a four-fifths vote (six affirmative votes) is required pursuant to

section 22050 of the California Public Contract Code.]

24-516

Staff Contact:

Chris Andrichak, Chief Financial Officer

Chief Financial Officer Chris Andrichak presented the staff report. There were no public

comments offered.

MOTION: McCALLEY/SYED to continue Resolution 24-038 approving a revised Board

Policy 465 - Procurement Policy ("Policy") to s future meeting in order for staff to

review additional amendments offered to staff by Director McCalley prior to the

meeting, The motion carried by the following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

Board Administrative Matters - President Young

7.I. Consider adopting the 2025 regular Board meeting schedule taking

24-509

into consideration the District’s holiday schedule and any days

requested by Directors to be included in the holiday schedule; and

reschedule regular meetings if necessary.

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

Staff received feedback on the proposed meeting schedule and will bring the updated

schedule for the Board's approval in December. There were no public comments

offered.

MOTION: YOUNG/SHAW to continue the 2025 regular Board meeting schedule to the

December 11, 2024 Board meeting for further consideration. The motion carried by the

following vote:

Ayes:

YOUNG, SHAW, WALSH, SYED, McCALLEY, PEEPLES

BECKLES

Absent:

CLOSED SESSION/REPORT OUT

General Counsel Aimee Steele reported out on the following actions taken at the October 30,

2024, Board of Directors meeting:

MOTION: BECKLES/McCALLEY to authorize settlement in the amount of $250,000 in the

matter of Pamela Edwards v. AC Transit, ACSC Case No. 23CV028305. The motion carried by

the following vote:

Ayes: BECKLES, McCALLEY, PEEPLES, SHAW, WALSH, YOUNG

Absent: SYED

MOTION: PEEPLES/McCALLEY to authorize settlement in the amount of $135,000 in the

matter of Poonam Kukreja v. AC Transit, ACSC Case No. 23CV050454. The motion carried by

the following vote:

Ayes: McCALLEY, PEEPLES, BECKLES, WALSH, SHAW, YOUNG

Absent: SYED

8.A. Conference with Legal Counsel – Existing Litigation

(Government Code Section 54956.9 (a))

- Graciela Pena-Garcia v. AC Transit, Alameda County Superior Court Case No. 23CV032825

- Cooks v. AC Transit, WCAB Case Nos. ADJ006670, ADJ8285977, and ADJ9169216

- Poonam Kukreja v. AC Transit, Alameda County Superior Court Case No. 23CV050454 (Report

Out)

- Pamela Edwards v. AC Transit, Alameda County Superior Court Case No. 23CV028305 (Report

Out)

8.B. Conference with Legal Counsel – Potential Litigation

Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (2 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, District Secretary

AGENDA PLANNING

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

24-061r

24-016r

Forms submitted by Directors Walsh.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

The Agenda Planning requests from Director Walsh were accepted.

GENERAL MANAGER’S REPORT

10.

10.A. General Manager’s Report for November 13, 2024.

The report was presented for information only.

11.

BOARD/STAFF COMMENTS

(Government Code Section 54954.2)

Members of the Board commented on meetings and events attended since the last Board

meeting.

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

24-316

conferences occurring in the last 30 days.

There were no travel reports entered into the record.

12.

ADJOURNMENT

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

at 8:27 p.m. The next regular meeting of the Board of Directors is scheduled for December 11,

2024.

Respectfully submitted,

/s/ Linda Nemeroff

Board Administrative Officer/District Secretary