ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
MINUTES  
Board of Directors - Regular Meeting  
CLOSED SESSION 3:45 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, March 27, 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,  
March 27, 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 participate in the meeting and advised that all votes must be  
taken by roll call vote.  
The meeting was called to order at 4:17 p.m. for the purpose of Closed Session. All Board  
members were present. The Board convened in Closed Session to discuss Items 8A-8D as listed  
on the agenda. Closed Session concluded at 4:28 p.m.  
President Young called the Board of Directors meeting to order at 5:00 p.m.  
2.  
3.  
ROLL CALL  
Present:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
PRESENTATION  
3.A. Update on federal legislative activities.  
Staff Contact:  
Steve Palmer, Vice President - Van Scoyoc Associates  
Steve Palmer of Van Scoyoc Associates presented a summary report on the federal  
legislative agenda for 2024 and transit-related programs and implications.  
Public Comment:  
Carter Lavin, Transbay Coalition, noted that House Resolution 7039, the “Stronger  
Communities through Better Transit Act”, would annually provide $1 Billion in funding  
for Transit Agency Operations within Oakland and San Francisco. Lavin commented on  
the opportunity presented to AC Transit to get this into the 5-year re-authorization bill  
and asked AC Transit to support HR 7039.  
The report was presented for information only.  
4.  
5.  
PUBLIC COMMENT  
Brian Culbertson cited ongoing accidents and fatalities related to speeding vehicles on  
International Boulevard and asked the Board to take steps to stop speeding vehicles.  
Culbertson noted the Quick Build project to add bus lane delineation and the High Street speed  
cushions as probable immediate solutions to address this issue.  
MODIFICATIONS TO THE AGENDA  
Agenda item 6.G. was removed from the agenda and will be scheduled for the April 10th Board  
of Directors meeting. Later in the meeting, in the interest of time, agenda items 7.D., 7.E. and  
7.F. were removed and scheduled for the April 10th meeting.  
6.  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
MOTION: SHAW/McCALLEY to receive or approve the items on the Consent Calendar as  
indicated, with the exception of Item 6.B. (Board Policy 155) which was pulled off the Consent  
Calendar by Director Walsh, Item 6.L (Tempo platform video) which was pulled off the Consent  
Calendar by Directors McCalley and Peeples, and Item 6.M. (contract extension with Messer)  
which was pulled off the Consent Calendar by Director Peeples. 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 March 13,  
2024.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: SHAW/McCALLEY to approve the Board of Directors meeting minutes of  
March 13, 2024. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.B. Consider approving amendments to Board Policy 155 - Travel, Meeting  
and Miscellaneous Expense Reimbursements for Directors and Board  
Officers, including an increase to the travel allotment for each  
individual Board member as well as the additional funds allotted to  
the Board President. [Requested by Vice President Shaw - 3/13/24]  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
[Written comment and additional information, including an amendment to the policy  
proposed by Director Walsh concerning travel reports were provided to the Board prior  
to the meeting and are incorporated into the file by reference.]  
The item was pulled off the Consent Calendar by Director Walsh for discussion.  
Public Comment:  
Damien Park, Alameda County Transportation Commission Independent Watchdog  
Committee, recommended the Board consider the increase for hotel rates rather than  
the 2007-present Consumer Price Index as a measure for determining how much to  
increase Board Member Travel allowances. Park requested the Board make better use  
of its travel funds and recommended the Board adopt an 80% subsidy for travel.  
Director Walsh offered an amendment that would eliminate mileage reimbursement to  
Board meetings. Director Syed suggested that the Board reduce the travel budget.  
There was no support for either proposal.  
MOTION: YOUNG/SHAW to amend Board Policy 155 to address clerical errors when  
making travel arrangements, require Boardmembers to provide written reports to the  
Board no later than 30 days upon return from a conference, and increase each  
Boardmenber’s travel allotment by 20%. The motion carried by the following vote:  
Ayes: YOUNG, SHAW, BECKLES, PEEPLES  
Nayes: WALSH, SYED, MCCALLEY  
PEEPLES/SHAW to increase the Board President’s travel budget to $3,000 every six  
months. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, McCALLEY, PEEPLES  
BECKLES, WALSH, SYED  
Nayes:  
6.C. Consider approving amendments to Board Policy 177, including a  
change in the title of the policy to “Transit Passes & Meeting Expense  
Reimbursements for Board or General Manager-Appointed Advisory  
Committee Members”.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
MOTION: SHAW/McCALLEY to approve amendments to Board Policy 177, including a  
change in the title of the policy to “Transit Passes & Meeting Expense Reimbursements  
for Board or General Manager-Appointed Advisory Committee Members”. The motion  
carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.D. Consider approving the guidelines and process for reimbursement of  
travel expenses associated with the General Counsel/Chief Legal  
Officer Recruitment process.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
MOTION: SHAW/McCALLEY to approve the guidelines and process for reimbursement  
of travel expenses associated with the General Counsel/Chief Legal Officer Recruitment  
process. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.E. Consider receiving the Quarterly budget update for the period of July  
2023 through the end of December 2023 of FY 2023-24.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
MOTION: SHAW/McCALLEY to receive the Quarterly budget update for the period of  
July 2023 through the end of December 2023 of FY 2023-24. The motion carried by the  
following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.F. Consider receiving the Monthly Report on Investments for November,  
December, and January.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
MOTION: SHAW/McCALLEY to receive the Monthly Report on Investments for  
November, December, and January. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.G. Consider approving one two-year option for custody/safekeeping bank  
17-019d  
services with Principal Custody Solutions.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
This agenda item was removed from the agenda and scheduled for the April 10, 2024  
Board of Directors meeting.  
6.H. Consider review of Board Policy 316 - Debt Management Policy, with  
no recommended amendments.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
MOTION: SHAW/McCALLEY to approve a review of Board Policy 316 - Debt  
Management Policy, with no recommended amendments. The motion carried by the  
following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.I.  
Consider a review of Board Policy 349, Investment Policy, with no  
recommended amendments.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
MOTION: SHAW/McCALLEY to approve a review of Board Policy 349, Investment Policy,  
with no recommended amendments. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.J.  
Consider authorizing the General Manager to execute a contract with  
Mohawk Lifts, LLC, to purchase three sets of portable bus lifts.  
Staff Contact:  
Salvador Llamas, Chief Operating Officer  
MOTION: SHAW/McCALLEY to authorize the General Manager to execute a contract  
with Mohawk Lifts, LLC, to purchase three sets of portable bus lifts. The motion carried  
by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.K. Consider approving an increase to contract 2022-1540 to GEMS  
Environmental Services, Inc. for the removal and disposal of  
unforeseen contaminated soil and water at the Emeryville (D2)  
Division Underground Tank Removal Project.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
MOTION: SHAW/McCALLEY to approve an increase to contract 2022-1540 to GEMS  
Environmental Services, Inc. for the removal and disposal of unforeseen contaminated  
soil and water at the Emeryville (D2) Division Underground Tank Removal Project. The  
motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.L.  
Consider receiving an annual report identifying all Tempo Platform  
video/data requests made from outside law enforcement agencies,  
and direct staff to provide an annual report to the Board. [Requested  
by Director Peeples - 1/24/24]  
Staff Contact:  
Alan Parello, Internal Audit Manager  
At the request of Director Peeples, this agenda item was pulled off the Consent  
Calendar. Internal Audit Manager Alan Parello addressed the Board's questions.  
Public Comment:  
Tracy Rosenberg, Oakland Privacy, commented on a public records request made by  
the Oakland Observer about law enforcement requests for TEMPO platform video  
content. Rosenberg noted that the necessary paperwork pursuant to the privacy policy  
was followed only 50 percent of the time and asked the Board to annually report an  
audit of these reported requests at a Board Meeting and to act to significantly improve  
the compliance rate.  
MOTION: SHAW/McCALLEY to receive the report and direct staff to provide an annual  
report identifying all Tempo Platform video/data requests made from outside law  
enforcement agencies, with an interim report due to the Board in six months. The  
motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.M. Consider authorizing the General Manager to execute two one-year  
contract options with Messer of North America, LLC; one for hydrogen  
fuel supply and the other for maintenance services associated with the  
District-operated hydrogen fuel station.  
Staff Contact:  
Salvador Llamas, Chief Operating Officer  
At the request of Director Peeples, this agenda item was pulled of the Consent  
Calendar. Chief Operating Officer Sal Llamas addressed the Board's questions. There  
was no public comment offered.  
MOTION: PEEPLES/McCALLEY to authorize the General Manager to execute two  
one-year contract options with Messer of North America, LLC; one for hydrogen fuel  
supply and the other for maintenance services associated with the District-operated  
hydrogen fuel station. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.N. Consider approving minor amendments to Board Policy No. 480 Safety  
Management Systems Policy.  
Staff Contact:  
Marla Lee Blagg, Director of Safety, Security & Training  
MOTION: SHAW/McCALLEY to approve minor amendments to Board Policy No. 480  
Safety Management Systems Policy. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.O. Consider receiving a report summarizing the new and revised  
classification specifications presented during the calendar year 2023.  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
MOTION: SHAW/McCALLEY to receive a report summarizing the new and revised  
classification specifications presented during the calendar year 2023. 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 and approving  
legislative positions.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
External Affairs Representative Steven Jones presented the staff report.  
Public Comment:  
Laurel Paget-Seekins, Public Advocates, commented on SB 1031 and requested that AC  
Transit support the bill.  
Anthony requested that AC Transit support SB 960 and AB 1031 and commented on the  
need for public agency advocacy for this legislation.  
MOTION: SHAW/PEEPLES to receive the Monthly Legislative Report and approving  
legislative positions. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.B. Consider receiving a report of findings from AC Transit’s first customer  
satisfaction survey.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
Project Manager Michelle Schurig introduced Alysia Snell of Lake Research Partners,  
who presented the report. There were no public comments offered.  
MOTION: BECKLES/WALSH to receive the report of findings from AC Transit’s first  
customer satisfaction survey. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Finance and Audit Items - Chair McCalley  
7.C. Consider the adoption of Resolution 24-009 selecting one of the  
following options for the planned local and Transbay fare increases:  
1. implement the previously-deferred increases, to be effective on  
July 1, 2024 and July 1, 2025; or  
2. further defer implementation of the previously-postponed local  
and Transbay fare increases by one additional year to July 1, 2025 and  
July 1, 2026, and allow for no further deferrals;  
and receive an update on proposed changes to Board Policy 333: Fare  
Policy Goals and Methodology and the outreach planned to support  
the required Title VI analysis.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
[Written comment received prior to the meeting is incorporated into the file by  
reference.]  
Chief Financial Officer Chris Andrichak presented the staff report.  
Public Comment:  
Jesse Gunn, Hayward Teacher and Ward 6 candidate, commented against fare  
increases, adding it does not address the issues about ridership. Gunn commented on  
strategies, emphasizing a focus on increasing ridership and investing in enhancing the  
rider experience. Gunn added agreement for fare caps but cautioned its impact to  
riders with limited budgets.  
Laurel Paget-Seekins commented how raising fares is a daunting task for Board  
members and that current reported information may still be inadequate. Paget-Seekins  
noted that riders are more interested how fare increases affect their lives and not  
about how many fare deferrals have previously been made and raising bus fares will  
force some riders to cut costs elsewhere. Paget-Seekins suggested the Board take  
advantage of discussions on Clipper 2 to analyze and develop a better fare policy.  
Brian Culbertson noted how the District's transit fare would compare with other Bay  
Area transit agencies following a fare increase, adding how other Bay Area transit  
agencies are focusing on lowering transit fares. Culbertson commented on how current  
District revenue reporting shows increasing fare revenues due to ridership increases,  
and suggested the Board hold off on fare increases for two years.  
Carter Lavin, Transbay Coalition, noted that a fare increase would be the opposite  
action to other Bay Area transit agencies. Lavin disagreed with the notion that  
customers will pay whatever you charge, and that riders will leave the system for other  
modes of transit. Lavin added that implementing a fare increase at a time the District  
has a $56 million budget surplus is unnecessary.  
Sam Greenberg opposes a fare increase and that increases in revenue will occur with  
the continued increasing pace in ridership. Greenberg commented that the number one  
priority should be to continue to grow ridership and a fare increase would negatively  
impact the poorest community of transit riders.  
Anthony suggested that the Board hold off on any decision to raise fares until June  
2024 as the Board approaches upcoming reporting of Clipper 2. Anthony requested a  
holistic review of the fare increases involving rider feedback.  
Joshua Gunter, Transbay Coalition, commented on a community coalition letter  
submitted to the Board addressing the fare increase and listed the agencies who signed  
onto this letter who request the Board to reject the proposed fare increase and ensure  
that transit is accessible and affordable to all.  
Ren Fitzgerald urged the Board to reject a fare increase and instead focus on increasing  
ridership and improving the rider experience.  
Dave Lyons reflected on the stress to bus operators following a fare increase. Lyons  
noted that ridership will decrease following a fare increase.  
Vallery Lancey commented on peer transit agencies that are prioritizing ridership which  
offers more leverage for pursuing funding sources in lieu of fare increases. Lancey  
addressed the ease by which riders can switch to cars when they’re faced with rising  
fares and noted that a fare increase will not significantly impact the issues with the  
fiscal cliff in an impactful way.  
Raul Maldonado commented that the time is not right for this fare increase.  
MOTION: YOUNG/SHAW to adopt Resolution 24-009, Option 2.  
AMENDED MOTION: PEEPLES/SYED to adopt Resolution 24-009, with a revised Section  
1, Option 2 to read: " The local and Transbay fare increases previously deferred and  
now scheduled for July 1, 2024 and July 1, 2025 are to be deferred for at least one  
additional year to July 1, 2025 and July 1, 2026. Direct staff to return to the Board in 3-6  
months with a timeline for revising/re-evaluating fare pricing. The motion carried by  
the following vote:  
Ayes:  
YOUNG, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
SHAW  
Nayes:  
Planning Items - Chair Syed  
7.D. Consider receiving the Semi-annual Strategic Plan update and draft  
24-170  
24-186  
timeline for developing Strategic Plan 2025.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
The item was continued to the April 10, 2024 Board meeting.  
7.E. Receive a report on the process and guiding principles for updating  
Board Policy 501 governing the District’s bus stops.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
The item was continued to the April 10, 2024 Board meeting.  
Operations Items - Chair Shaw  
7.F. Consider receiving the FY 2023-24 Second Quarter Protective Services  
24-211  
Report.  
Staff Contact:  
Marla Lee Blagg, Director of Safety and Security  
The item was continued to the April 10, 2024 Board meeting.  
Board Administrative Matters - President Young  
7.G. Consider the review and approval of the draft agenda for the Board of  
Directors/Board Officers Retreat scheduled for Wednesday, May 29,  
2024 at 9:00 a.m.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
Board Administrative Officer/District Secretary Linda Nemeroff presented the items  
that would be discussed at the Board Retreat. No public comment was offered.  
MOTION: PEEPLES/SYED to approve the draft agenda for the Board of Directors/Board  
Officers Retreat scheduled for Wednesday, May 29, 2024 at 9:00 a.m. The motion  
carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.H. Consider approving the creation of a limited-purpose General Counsel  
Executive Recruitment Committee.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
Shayna van Hoften, Interim General Counsel/Chief Legal Officer  
There was no presentation of the staff report. No public comment was offered.  
MOTION: PEEPLES/BECKLES to approve the creation of a limited-purpose General  
Counsel Executive Recruitment Committee. The motion carried by the following vote:  
Ayes: YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.I.  
Announcement of appointments to the Limited-Purpose General  
Counsel Executive Recruitment Committee.  
Presenter:  
President Young  
President Young announced the appointment of Director Peeples, Director McCalley  
and himself to the Limited-Purpose General Counsel Executive Search Committee.  
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.  
Interim General Counsel/Chief Legal Officer Shayna van Hoften reported out on the following:  
MOTION: PEEPLES/MCCALLEY to approve settlement in the amount of $103,189.91 in the  
matter of Howard v. AC Transit, WCAB Case Nos. ADJ7644015, ADJ7644013, ADJ3074104,  
ADJ960966. The motion carried by the following vote:  
Ayes: PEEPLES, MCCALLEY, BECKLES, WALSH, SYED, SHAW, YOUNG  
In addition, the Interim General Counsel reported on the selection Bob Murray & Associates to  
carry out the search for a permanent General Counsel/Chief Legal Officer.  
8.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
Howard v. AC Transit, WCAB Case Nos. ADJ7644015, ADJ7644013, ADJ3074104, ADJ960966  
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 Appointment  
(Government Code Section 54957(c))  
Title: General Counsel  
9.  
AGENDA PLANNING  
9.A. Review of Agenda Planning Pending List.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
There were no new items added to Agenda Planning.  
10.  
GENERAL MANAGER’S REPORT  
10.A. General Manager’s Report for March 27, 2024.  
The report was presented for information only.  
11.  
12.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
Members of the Board commented on meetings, conferences, and events they attended since  
the last Board meeting.  
ADJOURNMENT  
There being no further business to come before the Board of Directors, the meeting adjourned  
at 8:42 p.m. The next meeting of the Board is scheduled for April 10, 2024 at 5:00 p.m.  
Respectfully submitted,  
/s/  
Linda A. Nemeroff  
Board Administrative Officer/District Secretary