ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES

Board of Directors - Regular Meeting

CLOSED SESSION 3:45 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, April 10, 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 Sarah Syed, 1196 West Lower Crabapple Road, Fredericksburg, Texas 78624

CALL TO ORDER

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

April 10, 2024.

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 Syed to participate in the meeting.

In addition, the Interim General Counsel confirmed that Director Peeples met all the conditions

to participate in the meeting remotely under the "Just Cause" exception under the Brown Act

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 purposes of Closed Session. All Board

members were present except President Young. Closed Session concluded at 4:45 p.m.

The Board of Directors meeting was called to order at 5:02 p.m.

ROLL CALL

President Young was absent from the meeting while on authorized District business and was

excused.

Present:

Absent:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

PUBLIC COMMENT

George Spies commented on the implementation of quick build projects on International Blvd,

noting that such projects are welcome due to the number of speeding and pedestrian accident

and fatal incidents. Spies also asked the Board to remain open to SB 1031, the Regional Transit

Funding measure.

Jane Kramer commented that the Board must include the public for meaningful comments on

the funding of the transit system. Kramer suggested Board members take public transportation

to their Board meetings to set an example for other decision makers.

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 items on the Consent Calendar.

MOTION: McCALLEY/BECKLES to receive or approve the items on the Consent Calendar as

indicated. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.A. Consider authorizing members of the Board of Directors and the

General Manager to attend various out-of-state conferences,

meetings, and seminars held by the Conference of Minority

Transportation Officials (COMTO), American Public Transportation

Association (APTA), Transportation Research Board (TRB), the Center

for Transportation and the Environment (CTE), the International

Association of Public Transport (UITP/LTA), and the National

Association of City Transportation Officials (NACTO) as outlined in the

staff report.

24-133

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: McCALLEY/BECKLES to authorize members of the Board of Directors and the

General Manager to attend various out-of-state conferences, meetings, and seminars

held by the Conference of Minority Transportation Officials (COMTO), American Public

Transportation Association (APTA), Transportation Research Board (TRB), the Center for

Transportation and the Environment (CTE), the International Association of Public

Transport (UITP/LTA), and the National Association of City Transportation Officials

(NACTO) as outlined in the staff report. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.B. Consider receiving report on Annual Statement of Economic Interest

24-188

filings.

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: McCALLEY/BECKLES to receive report on Annual Statement of Economic

Interest filings. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

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

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of February 13, 2024.

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

MOTION: McCALLEY/BECKLES to receive the General Manager’s Access Committee

minutes of February 13, 2024. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.D. Consider authorizing the General Manager or his designee to submit

application(s) and execute funding agreements for the Federal Transit

Administration (FTA) Section 5339 Competitive Programs (Bus and Bus

Facilities Discretionary, and Low and No Emissions Discretionary) for a

package of bus purchases, facility improvements, and Workforce

Development.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: McCALLEY/BECKLES to authorize the General Manager or his designee to

submit application(s) and execute funding agreements for the Federal Transit

Administration (FTA) Section 5339 Competitive Programs (Bus and Bus Facilities

Discretionary, and Low and No Emissions Discretionary) for a package of bus purchases,

facility improvements, and Workforce Development. The motion carried by the

following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

5.E. Consider ratifying assignment of the custody/safekeeping bank

services contract from Wells Fargo Institutional Retirement and Trust

to Principal Custody Solutions and exercising one two-year option for

the same contract with Principal Custody Solutions.

17-019e

Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: McCALLEY/BECKLES to ratify assignment of the custody/safekeeping bank

services contract from Wells Fargo Institutional Retirement and Trust to Principal

Custody Solutions and exercising one two-year option for the same contract with

Principal Custody Solutions. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

REGULAR CALENDAR

Finance and Audit Items - Chair McCalley

6.A. Consider receiving a report on the Draft FY 2024-25 Operating and

Capital Budgets, which includes revised Budget Goals, a financial

projection and an overview of the major assumptions and drivers to

the operating revenues and operating expenses.

23-513b

Staff Contact:

Chris Andrichak, Chief Financial Officer

Chief Financial Officer Chris Andrichak presented the staff report and addressed the

questions regarding Budget Goals and grants.

Public Comment:

Laurel, Public Advocates, asked how bus operator retention will be considered and

reported in the FY 2024-25 Operations and Capital Budget.

MOTION: SHAW/BECKLES to receive a report on the Draft FY 2024-25 Operating and

Capital Budgets, which includes revised Budget Goals, a financial projection and an

overview of the major assumptions and drivers to the operating revenues and

operating expenses. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

6.B. Consider authorizing the General Manager to bind the District’s

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2024-2025 Transit Operations Insurance program.

Staff Contact:

Shayna van Hoften, General Counsel/Chief Legal Officer

[Attachment 1 to the Staff Report (Excess Automobile and General Liability Proposal)

was not available at the time of the meeting and will be incorporated into the record

once received.]

Claims and Liability Manager Jean Paul Popoff presented the staff report and

introduced P.J. Skarlanic of Aliant who addressed questions from the Board. There were

no public comments offered.

MOTION: BECKLES/WALSH to authorize the General Manager to bind the District’s

2024-2025 Transit Operations Insurance program. The motion carried by the following

vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

Planning Items - Chair Syed

6.C. Consider receiving an update on AC Transit’s participation in the

Metropolitan Transportation Commission’s (MTC’s) regional transit

priority efforts.

24-217

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Senior Transportation Planner Casey Bruno presented the staff report. Joel Schaffer

with Metropolitan Transportation Commission was present to address questions. There

were no public comments offered.

MOTION: McCALLEY/PEEPLES to receive an update on AC Transit’s participation in the

Metropolitan Transportation Commission’s (MTC’s) regional transit priority efforts. The

motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

6.D. Consider receiving the Semi-annual Strategic Plan update and draft

24-170a

timeline for developing Strategic Plan 2025.

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Director of Business Sciences Bill Tonis presented the staff report. There were no public

comments offered.

MOTION: McCALLEY/WALSH to receive the Semi-annual Strategic Plan update and draft

timeline for developing Strategic Plan 2025. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

6.E. Receive a report on the process and guiding principles for updating

24-186a

Board Policy 501 governing the District’s bus stops.

Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Service Planning Manager Michael Eshleman presented the staff report. There were no

public comments offered.

MOTION: BECKLES/WALSH to receive a report on the process and guiding principles for

updating Board Policy 501 governing the District’s bus stops. The motion carried by the

following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

Operations Items - Chair Shaw

6.F. Consider receiving the FY 2023-24 Second Quarter Protective Services

24-211a

Report.

Staff Contact:

Marla Lee Blagg, Director of Safety and Security

Director of Safety and Security Marla Lee Blagg presented the staff report. There we no

public comments offered.

MOTION: WALSH/McCALLEY to receive the FY 2023-24 Second Quarter Protective

Services Report and direct staff to provide an annual report by the end of the fiscal year

that analyzes data for trends and patterns. The motion carried by the following vote:

Ayes:

SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

YOUNG

Absent:

CLOSED SESSION/REPORT OUT

Interim General Counsel Shayna van Hoften reported out on the following:

MOTION: PEEPLES/McCALLEY to approve settlement of the permanent disability claim in the

matter of Kaur v. AC Transit, WCAB Case No. ADJ10228265 in the amount of $172,042.50.

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

Absent: YOUNG

The Interim General Counsel added that there were no other actions to report out from the

3:45 p.m. Special Meeting/Closed Session or the 4:00 p.m. Closed Session.

7.A. Conference with Legal Counsel – Existing Litigation

(Government Code Section 54956.9 (a))

Kaur v. AC Transit, WCAB Case No. ADJ10228265

7.B. Conference with Legal Counsel – Potential Litigation

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

7.C. Public Employee Appointment

(Government Code Section 54957(c))

Title: General Counsel

AGENDA PLANNING

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

24-061e

Forms.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

There were no new agenda items for consideration.

GENERAL MANAGER’S REPORT

9.A. General Manager’s Report for April 10, 2024.

The item was presented for information only.

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10.

11.

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. Vice President Shaw and Director Walsh gave verbal reports of their

attendance at the American Public Transportation Association Legislative Conference in

Washington, D. C.

ADJOURNMENT

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

at 7:19 p.m. The next meeting of the Board is scheduled for April 24, 2024 at 5:00 p.m.

Respectfully submitted,

/s/

Linda A. Nemeroff

Board Administrative Officer/District Secretary