ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES

Board of Directors - Regular Meeting

2:30 PM Closed Session (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, October 9, 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

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,

October 9, 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 teleconference to the meeting. The General Counsel advised that

all votes must be taken by roll call vote.

The meeting was called to order at 3:47 p.m. for the purpose of Closed Session. All

Boardmembers were present. The Board convened in Closed Session to discuss Items 7A-7C as

listed on the agenda. Closed Session concluded at 4:24 p.m.

President Young called the Board of Directors meeting to order at 5:03 p.m.

ROLL CALL

Present:

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

PUBLIC COMMENT

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

reference as Exhibit A.]

Gilbert Morales commented on bus safety and passengers suffering from mental illness while

riding Line 54. Morales noted that the bus driver did not intervene when asked for assistance

with unruly passengers and would like to see some type of safety intervention.

Sheila Gunn expressed concerns that paratransit will be affected, and ADA will not be

prioritized once Realign is adopted and implemented. Gunn asks that plenty of notice be given

to those who use paratransit if it will be cut so they can make proper alternative

arrangements.

Jo Veres commented on the Line 36 bus in Berkeley and how the wait times are affecting

students in that area. According to Vares, the bus is scheduled to run every 30 minutes but

typically runs late and is so full that they are passing multiple stops due to the bus being at

capacity. Veres would like to see the bus run more frequently and have room for all the

passengers.

Warren Cushman commented on paratransit and its importance to seniors and people with

disabilities. Cushman would like to see AC Transit join in on the One seat ride process and

urged the Board to take paratransit riders into consideration and involve them in the

decision-making process of its future use.

Michai Freeman commented on paratransit and the hardships associated with having a

disability and trying to obtain transportation and having equal access to transit.

Noam Elisha Commented on the Line 36 bus and how crowded it is. Due to the current wait

times and limited space Elisha doesn’t feel comfortable having loved ones catch the bus once

it’s dark.

Keying Zang commented on overcrowding on the bus line near UC Berkeley, saying that Lines

18/52 have changed to accommodate a housing development at the inconvenience to

students who now must walk several more blocks to catch those lines.

Speero Tannous commented on Line 36 and its unreliability due to it being late, which has

made Tannouse late to work on several occasions and can not rely on the bus.

MODIFICATIONS TO THE AGENDA

President Young announced that Item 5.D. 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/SHAW to receive, approve, or adopt items on the Consent Calendar, except

Item 5.D. which was pulled off the agenda and Item 5.I. which was pulled off the Consent

Calendar by Director Peeples for clarification. The motion carried by the following vote:

Ayes:

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

5.A. Consider approving Board of Directors meeting minutes of September

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25, 2024.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

MOTION: PEEPLES/SHAW to approve the Board of Directors meeting minutes of

September 25, 2024. The motion carried by the following vote:

Ayes:

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

5.B. Consider receiving report on proposed amendments to the AC Transit

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Conflict of Interest Code.

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: PEEPLES/SHAW to receive report on proposed amendments to the AC Transit

Conflict of Interest Code. The motion carried by the following vote:

Ayes:

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

5.C. Consider review of Board Policy 324 - Revenue and Grants with minor

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amendments.

Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/SHAW to receive a review of Board Policy 324 - Revenue and Grants

with minor amendments. The motion carried by the following vote:

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

5.D. Consider adoption of Resolution No. 24-032, authorizing the General

Manager or his designee to file and execute an application and funding

agreement for Alameda County Transportation Commission (ACTC)

administered funding for the International Boulevard (Blvd) Bus Rapid

Transit (BRT) and Streetscape Improvements Project and committing

any necessary matching funds and stating assurances to complete the

Project.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

Item 5.D. was pulled off the agenda.

5.E. Consider adoption of Resolution No. 24-033, authorizing the General

Manager or his designee to file and execute an application and funding

agreement for the Alameda County Transportation Commission (ACTC)

administered funds for the East Oakland Facility Battery Electric Bus

Infrastructure Project and committing any necessary matching funds

and stating assurances to complete the project.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/SHAW to adopt Resolution No. 24-033, authorizing the General

Manager or his designee to file and execute an application and funding agreement for

the Alameda County Transportation Commission (ACTC) administered funds for the East

Oakland Facility Battery Electric Bus Infrastructure Project and committing any

necessary matching funds and stating assurances to complete the project.The motion

failed by the following vote:

Ayes:

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

5.F. Consider adoption of Resolution No. 24-034, authorizing the General

Manager or his designee to file and execute an application and funding

agreement for Alameda County Transportation Commission (ACTC)

administered funding for the Grand Avenue Improvements Project and

committing any necessary matching funds and stating assurances to

complete the Project.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/SHAW to adopt of Resolution No. 24-034, authorizing the General

Manager or his designee to file and execute an application and funding agreement for

Alameda County Transportation Commission (ACTC) administered funding for the

Grand Avenue Improvements Project and committing any necessary matching funds

and stating assurances to complete the Project. The motion carried by the following

vote:

Ayes:

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

5.G. Consider receiving the General Manager’s Access Committee minutes

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of July 9, 2024.

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

MOTION: PEEPLES/SHAW to Received Consider receiving the General Manager’s Access

Committee minutes of July 9, 2024. The motion carried by the following vote:

Ayes:

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

5.H. Consider authorizing the General Manager to exercise the second and

final one-year option from January 1, 2025 through December 31,

2025 with Concentra, CCCMA Occupational Clinic, and Mega Lab

Services for drug and alcohol testing, commercial driver license (CDL)

medical examinations, and physical agility testing services of

prospective and current employees (contracted as Third Party

Administration of US Department of Transportation (US DOT) Medical

Examinations and Workplace Drug/Alcohol Testing Services).

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Staff Contact:

Lynette Little, Director of Civil Rights & Compliance

MOTION: PEEPLES/SHAW to authorize the General Manager to exercise the second and

final one-year option from January 1, 2025 through December 31, 2025 with Concentra,

CCCMA Occupational Clinic, and Mega Lab Services for drug and alcohol testing,

commercial driver license (CDL) medical examinations, and physical agility testing

services of prospective and current employees (contracted as Third Party

Administration of US Department of Transportation (US DOT) Medical Examinations

and Workplace Drug/Alcohol Testing Services). The motion carried by the following

vote:

Ayes:

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

5.I.

Consider receiving a report regarding the 2024 Federal Transit

Administration (FTA) Triennial Review.

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Staff Contact:

Alan Parello, Manager of Internal Audit

This agenda item was pulled of the Consent Calendar by Director Peeples for

clarification which was addressed by staff.

MOTION: PEEPLES/SHAW to receive a report regarding the 2024 Federal Transit

Administration (FTA) Triennial Review.The motion carried by the following vote:

Ayes:

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

REGULAR CALENDAR

Director Beckles periodically left the dais at various intervals during the discussion of Item 6.A.

but was present for the vote.

6.A. Consider adopting Resolution No. 24-035, which approves the

proposed Realign Final Network Plan and Realign+ service additions,

approves the service equity analyses, and directs the General Counsel

to file a Notice of Exemption with Alameda and Contra Costa Counties

and any other parties as may be required.

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Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Claudia Burgos, Director of Legislative Affairs & Community Relations

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

reference.]

Senior Transportation Planner David Berman made a presentation regarding the

Realign Project. Director of Legislative Affairs and Community Outreach Claudia Burgos

presented the project's outreach efforts.

Public Comment:

ATU Local 192 Representatives:

· Latrina Meredith (President),

· Nathaniel Arnold (Vice President)

James Jackson

Taheed Sabrie

Darren Xie

Lupe Miller

Michael Miller

Tywonya Spring

Lisa Honeycutt

Christopher Garcia

David Lyons

Jack Watkins

Lawnele Jones

Manjit Gill

Phyllis Jackson

· Steven Vaniman

· Eddie Sanchez

· Cassandra

· Steven Jefferson

· Ronald Baskin

· Darlene

· Aaron Olden

· John Williams

· Lisa Jackson

· Kelly Turner

· Sarah Ropati

· Rigoberto Alonso

· Sucari Perkins

· Alisa Jackson

· Keith Brown

· Stephanie Butler

· Anitria Brown

· Russel

· Tonya

· AC Junior

· Jasmine Bryant

ATU Local 1555 Representatives:

· Erica Joven

· Michael Granata

Members of the Public:

Beverly Chanier,

Jesse Gunn,

Marc Lispi,

Noor Rizvi

Laurel Pageant Seekins,

Ellen Murray,

Josh Anijar

Anwar Baroudi

George Spies

Marceline

John Murray

Carter Lavin

Sophia Dewitt

Michai Freeman

Sheela Gunn,

Anthony Campana

Joanna Pace

Warren Cushman

Giovanni

ATU 192, ATU 1555 and members of the public spoke in opposition to the realign plan

regarding the following subjects.

Bus lines: 51, 21, 20, 14, 7, 18, 72, 99, 10 - it was suggested that these lines not be

eliminated and have shorter headways.

Safety: Issues raised were the interactions between passengers and drivers with

mentally ill patrons, longer wait times, line cuts to minority and low-income areas and

that Realign will create angry passengers and unsafe working conditions.

Micro-transit: Drivers, patrons, and union leaders voiced opposition to micro-transit

and expressed fear that micro-transit will lead to the outsourcing of jobs, ultimately

reducing the number of drivers and leading to self-driving buses.

Paratransit: Many speakers were against cutting paratransit service due to limited

alternatives for the elderly and disabled. They also worry that this population would

have difficulty utilizing the app and learning a new system.

Employee Needs: Most speakers were in solidarity with the union and workers

regarding meal and rest periods. Many drivers stated they are stressed; their health is

declining, and an immediate/effective plan is needed to address the restroom issue.

Regional Measure/Funding for Service: The Metropolitan Transportation Commission’s

proposed Regional Measure was mentioned as a solution to funding for the transit

plan. Members were encouraged to attend/participate a meeting on October 21st so

that the ideas brought forth could be properly funded and approached as a

multi-organizational collaboration.

The following member of the public spoke in support of the Realign plan.

Lisa Foster: Transportation Manager for the City of Alameda commented in favor of

Realign. Foster thanked the Board for keeping the 51A service in Alameda and for its

responsiveness to Alameda community needs. Although all suggestions were not

implemented in the Realign plan, the City looks forward to collaborating with AC Transit

soon.

MOTION: SYED/BECKLES to direct staff to review the concerns raised alleging

inaccuracies in the Title IV analysis; identify the process, timeline, and community

engagement plan for changes in the paratransit service; continue to work with ATU on

the concerns raised regarding lack of break time and access to bathrooms, cease study

of using non-ATU workers for micro transit, and report to the Board in three months.

Further discussion ensued. Upon request, General Counsel clarified the procedure

regarding substitute motions by referring to Board Policy 101 and the procedures

outlined in the Robert’s Rules of Order.

SUBSTITUTE MOTION: SHAW/WALSH to adopt Resolution No. 24-035, which directs the

General Counsel to file a Notice of Exemption with Alameda and Contra Contra

Counties and any other parties that may be required, approves the staff’s proposed

Realign Final Network Plan (including micro transit better known as Flex Service) and

excludes Realign + which shall be looked into further at a later point. The motion

carried by the following vote:

Ayes: SHAW, WALSH, McCALLEY, PEEPLES, YOUNG

Noes: BECKLES, SYED

MOTION: PEEPLES/McCALLEY to direct staff and the outside consultant to finish their

review of Director Syed’s and Laurel Paget-Seekins’ Title VI analysis and report back to

the Board with an explanation of their responses. The motion carried by the following

vote:

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

CLOSED SESSION/REPORT OUT

There was no report out of closed session.

7.A. Conference with Legal Counsel – Potential Litigation

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

7.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

7.C. Public Employee Performance Evaluation

(Government Code Section 54957)

Title: General Manager, General Counsel, District Secretary

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

No new items were added to Agenda Planning.

GENERAL MANAGER’S REPORT

9.A. General Manager’s Report for October 9, 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.

Written reports were presented for the record from Vice President Shaw and President

Young.