ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
AGENDA  
Board of Directors - Regular Meeting  
CLOSED SESSION 4:15 PM (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, 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  
Teleconference  
Director H. E. Christian Peeples, Grand Hyatt - Business Center, 3300 Peachtree Road NE,  
Atlanta, GA  
Live Public Comment  
The public is invited to attend the Board of Directors meeting in person or remotely. Live  
public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover of this agenda.  
District Secretary will call each speaker when it is their turn to speak. Zoom participants must  
use the “raise your hand" feature to indicate they wish to speak on an item and use the  
“unmute” option once prompted to speak.  
For participants calling in, dial *9 to “raise your hand” when the agenda item is called. When  
you are called by the last 4 digits of your phone number, dial *6 to unmute. If you decide not  
to speak, dial *9 to "lower your hand".  
Written Public Comment  
Written comment can be submitted directly to the Board BEFORE the meeting starts. Click on  
corresponding meeting. Please note that eComment submissions close 30 minutes prior to the  
start of the meeting. Written comments can also be emailed to myvoice@actransit.org.  
Indicate the agenda item number in the subject of the email. Email submissions must be  
received two hours prior to the start of the meeting.  
Members of the public who wish to listen/view the meeting can do so at  
"Audio/Video" column. This feature is only available during the live broadcast of the meeting.  
AC Transit does not provide technical support to users accessing the meeting by  
telephone/Zoom.  
1.  
2.  
3.  
CALL TO ORDER  
ROLL CALL  
PRESENTATION  
3.A. Update on federal legislative activities.  
Staff Contact:  
Steve Palmer, Vice President - Van Scoyoc Associates  
4.  
PUBLIC COMMENT  
Any person may directly address the Board at this time on any item of interest to the public  
that is within the subject matter and jurisdiction of the Board. Boardmembers may briefly  
respond to statements or questions from the public, ask questions for clarification, refer a  
matter to staff, request staff to report back at a subsequent meeting, or direct staff to place  
the matter on a future agenda. However, under the Brown Act, the Board cannot engage in  
discussion or take action on any item not listed on the agenda. Public Comment on a specific  
agenda item will be invited at the time the item is being considered. Two (2) minutes are  
allowed for each item.  
5.  
6.  
MODIFICATIONS TO THE AGENDA  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
6.A. Consider approving Board of Directors meeting minutes of March 13,  
2024.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
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  
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  
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  
6.E.  
6.F.  
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  
Consider receiving the Monthly Report on Investments for November,  
December, and January.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.G. Consider approving one two-year option for custody/safekeeping bank  
services with Principal Custody Solutions.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.H. Consider review of Board Policy 316 - Debt Management Policy, with no  
recommended amendments.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.I.  
6.J.  
Consider a review of Board Policy 349, Investment Policy, with no  
recommended amendments.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
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  
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  
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  
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  
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  
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  
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  
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  
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  
Planning Items - Chair Syed  
7.D. Consider receiving the Semi-annual Strategic Plan update and draft  
timeline for developing Strategic Plan 2025.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
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  
Operations Items - Chair Shaw  
7.F.  
Consider receiving the FY 2023-24 Second Quarter Protective Services  
Report.  
Staff Contact:  
Marla Lee Blagg, Director of Safety and Security  
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  
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  
7.I.  
Announcement of appointments to the Limited-Purpose General  
Counsel Executive Recruitment Committee.  
Presenter:  
President Young  
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.  
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  
Directors are limited to two agenda planning requests per meeting. Each item requested shall  
have the concurrence of three Directors, including the requestor.  
9.A. Review of Agenda Planning Pending List.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
10.  
GENERAL MANAGER’S REPORT  
10.A. General Manager’s Report for March 27, 2024.  
11.  
12.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
ADJOURNMENT  
Next Meeting: April 10, 2024 at 5:00 p.m.  
MEETING DISCLOSURES  
Live Audio/Video Stream: Meetings of the Board of Directors are recorded and streamed live on the District’s  
website.  
Public Comment: Live public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover page. Members of the public wishing to present comments in  
person should complete a Speaker’s Form and submit it to the District Secretary at the meeting. For subjects  
not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENT" item on the regular  
meeting agenda. For specific agenda item(s), speakers will be invited to address the Board at the time the item  
is being considered. All speakers, including anyone using simultaneous translation equipment, are allowed two  
(2) minutes to present comments. Speakers using a translator will receive twice the allotted time. Individuals  
wishing to present more detailed information are encouraged to submit comments in writing. Written  
comments are included in the record for meeting(s), and as such, are available for public inspection and may be  
posted to the District’s website.  
Electronic Devices: All electronic devices such as cell phones, smartphones, tablets and similar sounding  
devices, shall be placed on mute, vibrate, or silent mode during Board meetings pursuant to District Ordinance  
No. 12.  
Order of Agenda Items: The Board may discuss any item listed on this agenda and in any order.  
Availability of Agenda-Related Materials: Written agenda-related materials for all open-session regular  
meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed  
to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be  
available to the public at that time, or after the meeting if supplied by an outside party. Agenda-related  
materials are available from the District Secretary’s Office, 1600 Franklin Street, Oakland, California, or on the  
District’s website.  
Accessible Public Meetings/Alternative Formats/Interpreters: Meetings of the Board of Directors are accessible  
to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a  
hearing impairment. Written materials in appropriate alternative formats and disability-related  
modification/accommodations must be made three business days in advance of the meeting or hearing to help  
ensure availability. Subject to availability, sign language, and foreign language interpreters will be provided  
upon request with 72-hour notice. Please direct requests for disability-related modification or accommodation  
and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California,  
94612 or call (510) 891 7201. To access a recording of the current agenda by telephone, dial (510) 891 7200. AC  
Transit’s General Offices are accessible by various bus lines serving the intersection of 17th Street and  
BART station is the 19th Street Station in Oakland.  
District Ordinance No. 13 prohibits non service animals at District facilities unless specifically authorized by law.  
To accommodate individuals with severe allergies and environmental illnesses, meeting participants should  
refrain from wearing scented products to the meeting.