Board of Directors

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[0:00] I'm not going to vote.
[0:07] I'm not going to vote.
[0:13] I'm going to vote.
[0:51] Okay, we're going to go ahead and call this regular meeting of the Alameda
[1:20] Contra Costa Transit District Board of Directors to order for Wednesday, December 11, 2024.
[1:26] We'll call Director Peoples.
[1:30] Thank you. Director Walsh is absent this evening. Director Siyad is running late to the meeting,
[1:36] Director McColley. Director Silva. Vice President Shah.
[1:41] You're President Young. President Young will note for the record that Director Peoples was previously
[1:51] qualified to participate in this meeting via teleconference and that all votes will be taken by Roe
[1:55] Callbook. The floor is yours. Okay. Why don't we move on to three. Consider the adoption of
[2:05] resolution number 24-040 honoring Michael A. Hirsch for his years of dedicated service as AC Transit's
[2:15] General Manager and Chief Executive Officer. I'm going to turn it over to Mr. Robert Lyle's
[2:22] who will do a little presentation for us. Thank you. Thank you. Good evening Board of Directors.
[2:28] I'm Robert Lyle's manager of Media Affairs and Strategic Initiatives. Over the past nine years,
[2:33] as you know, General Manager Michael Hirsch has led our esteemed transit agency,
[2:38] he is our fully melted wisdom and work in an incredibly infectious passion for both AC Transit and
[2:47] Transit in general. I know he's given me that eye roll because he can do the same direction of himself.
[2:56] So the news of his transition out of leadership certainly fell almost like a
[3:01] letter balloon for a lot of the employees who were seeking ways to send a heartfelt message to someone
[3:07] who was led the transit district for nine years. And so what better way to do that in the digital age
[3:12] but to grab their cell phones and record those messages. So we've taken a number of those messages
[3:17] and some snapshots and put them together in this very short video and we hope you enjoy us now that
[3:23] you cast or get late gaze to the monitors for the video.
[3:53] Now we know that you leave an exit and more special than what you found out through the airport style.
[4:12] Thank you for having me this close.
[4:23] We wish you great success in your new world.
[4:32] Thank you, Mike.
[4:33] Thank you!
[4:34] I think I'm in a smoking room.
[4:38] I smell a wind and sheep perfume.
[4:42] For a smile that can share the night, it goes on and on.
[4:47] Hey everybody, my curse, you channel manager.
[4:50] I just wanted to take a minute to say thank you.
[4:52] Thank you so much for the hard work and dedication.
[4:55] I'm so proud to be an AC Transit family member.
[4:58] I know these are difficult times.
[5:01] You've responded incredibly well, incredibly professional.
[5:05] I'm proud of you.
[5:06] The industry is proud.
[5:20] Thank you.
[5:30] Thank you so much for coming here.
[5:37] And from the morning on and on and on
[5:41] The great chance, great chance
[5:46] Walking down the pool of all the shadows
[5:51] Searching in the night
[5:57] See you later
[5:59] Thank you very much
[6:01] Thank you very much
[6:03] Thank you very much
[6:05] To you all
[6:06] Thank you very much
[6:07] To you all
[6:10] Thank you very much
[6:15] We're having endlessness
[6:16] So soft and hostile in guidance
[6:18] To all of us
[6:19] And then with compassion
[6:21] You had good moments, mentor
[6:23] And then you have to be...
[6:26] Everybody wants to clear
[6:29] And in a thing we'll know the light
[6:32] Thank you for the support, you have given the maintenance of farming to harvest the
[6:46] trees, the best of the best.
[6:48] Thank you for the support, thank you for the support, thank you for the support, thank you
[7:04] for the support, and thank you for the support, thank you for the support, thank you
[7:19] for the support, thank you for the support, thank you for the support, thank you.
[7:24] This is MBA 148, we just want to say thank you for a good wonderful 9 years, all your hard work
[7:30] and sacrifice today's heat-trainsy.
[7:32] Yeah!
[7:45] Congratulations, Mike.
[7:47] It's not all the achievements or awards you put on these shelves,
[7:50] but it's the impact on people.
[7:52] That's your legacy you'll leave behind.
[7:54] As we have proven zero-mission technology,
[8:00] we are now going to give to the industry,
[8:03] the training programs that will get not only the incumbent workforce,
[8:07] but our future workforce to maintain these fleets that can't in me.
[8:11] This is the one thing happening in this world.
[8:24] So we'll first apologize for a few audio-visual issues.
[8:36] Nevertheless, the overriding message for this video
[8:40] is that the staff collectively, 2100 strong,
[8:44] will definitely miss the presence of Michael Hirsch.
[8:48] In full disclosure, we had a go-in-away celebration earlier today.
[8:53] This was a standing room-only room in recognition of his contributions,
[8:59] and his dedication to the transit district.
[9:01] And so we just wanted to put together a short video
[9:04] that's just not only honor those accomplishments,
[9:06] but gave the staff members an opportunity to offer their well wishes.
[9:10] We wish him the best,
[9:12] and I can speak for all of the employees in saying,
[9:15] he will be sorely missed.
[9:17] And I thank you for your time.
[9:19] Thank you for the presentation.
[9:22] And to continue on, can we add more?
[9:24] Yes, we can.
[9:26] To this going away part.
[9:28] So the board is going to consider a resolution.
[9:31] It's right there.
[9:32] I have a copy of it in front of me.
[9:34] It's a very long resolution, obviously,
[9:37] so I picked out a few whereas clauses for us to consider.
[9:41] First one is, whereas Michael Hirsch was appointed
[9:44] by the board of directors on September 21, 2015,
[9:48] the Servant General Manager,
[9:50] last chief executive officer of the Alameda County,
[9:54] out of the Alameda Contra Costa Transit District.
[9:58] And whereas Michael Hirsch is served
[10:01] to the General Manager of AC Transit
[10:03] with exceptional leadership dedication and commitment
[10:06] and a commitment to advancing public transportation
[10:08] in the East Bay,
[10:10] transforming the agency into one of one of the most forward
[10:15] and customer-focused transit agencies in the region.
[10:19] Whereas Michael Hirsch is prioritized equity and inclusion
[10:23] in AC Transit operations,
[10:25] working to ensure that services are accessible
[10:27] to all residents, particularly under-served communities,
[10:30] and that AC Transit remains a vital lifeline
[10:33] for those who depend on public transit to access.
[10:36] Jobs, healthcare, education,
[10:39] and other essential services,
[10:41] and whereas Michael Hirsch has fostered
[10:45] a culture of collaboration, accountability,
[10:48] and respect with NAC Transit,
[10:50] earning the trust and admiration of his colleagues,
[10:53] the Board of Directors,
[10:54] past and present community partners,
[10:56] labor partners, and writers alike.
[10:59] Thank you.
[11:00] With that, is there a second?
[11:04] Okay, is there a second?
[11:07] Okay.
[11:08] And Director Peoples has his hand up for our comment.
[11:10] I don't know if you want to.
[11:11] Chris, we're going to,
[11:12] we are going to all have a chance to speak
[11:16] after we adapt the resolution
[11:18] and take some pictures.
[11:20] Okay.
[11:21] All right.
[11:22] I will go ahead and call the roll.
[11:24] Vice President Sean?
[11:25] Yes.
[11:26] Director McColley?
[11:27] Yes.
[11:28] Director Peoples?
[11:29] Yes.
[11:30] Okay.
[11:31] Let's see.
[11:32] Director Silva?
[11:34] Yes.
[11:35] And President M.
[11:36] Yes.
[11:37] The motion passes unanimously.
[11:39] Five to zero.
[11:40] Okay.
[11:41] We're going to all come down here
[11:43] and present the resolution and take some pictures
[11:45] for one last.
[11:47] All right.
[11:53] Come on.
[11:54] Sorry.
[11:55] Yes.
[11:56] Yes.
[11:57] Thank you.
[11:58] Thank you.
[11:59] Thank you.
[12:00] Thank you.
[12:01] Thank you.
[12:02] Thank you.
[12:03] Thank you.
[12:04] Thank you.
[12:05] Please do.
[12:06] How do we have a meeting?
[12:08] Sure.
[12:09] All right.
[12:10] Five.
[12:11] Five.
[12:12] Five.
[12:13] five.
[12:15] Six.
[12:16] Yes.
[12:17] Five.
[12:19] Six.
[12:20] Five.
[12:21] Five.
[12:22] Five.
[12:23] Five.
[12:24] Five.
[12:25] Five.
[12:26] Five.
[12:27] Five.
[12:28] Five.
[12:29] Five.
[12:31] Five.
[12:32] Five.
[12:33] Five.
[12:34] Alright.
[12:36] Alright.
[12:42] Perfect. Thank you.
[12:44] Thank you so much.
[12:46] Thank you.
[12:58] Here.
[13:00] Sorry.
[13:04] Press you there.
[13:08] Yep.
[13:10] The floor is yours.
[13:12] Why don't you go first?
[13:14] Thank you.
[13:16] Mike.
[13:18] I know how much you understand how much I appreciate you.
[13:22] But I want to say a few things.
[13:24] I've been on this board for 28 years.
[13:28] I was active as an activist
[13:30] dealing with AC transit for about five years,
[13:35] ten years before that.
[13:38] In my time on the board,
[13:40] I've served with six general managers.
[13:42] You are by far the best.
[13:44] And I think you're one of the best in the country.
[13:48] You spent the first few years
[13:51] cleaning up the insides.
[13:54] Trying to get some of the first
[13:57] backstage.
[14:07] You've continued to do that for your whole tenure.
[14:11] You've become our voice in the region and the nation.
[14:15] We've always had problems with NTC.
[14:18] NTC is appointed you to read all the transit agencies.
[14:24] in the lead all the transit agencies in trying to deal with our fiscal crisis that we're all
[14:34] sharing. And you've led that admirable. You're now on the Executive Board of Apta
[14:41] and are making a national name for yourself. You've done a marvelous job of leading along the
[14:51] sale and all the folks in his department in leading what is a...
[15:00] Local crisis that we're all sharing. And you've led that admirable. You're now on the executive board of
[15:07] Apta and are making a national name for yourself. You've done a marvelous job of leading along the
[15:18] sale and all the folks in his department. In leading what is a world leading zero whole series
[15:30] of experiments in zero emission. You will be greatly missed. I'm extremely sorry that you're leaving.
[15:40] I would hope to have had you for another five years. But best of luck in your future endeavors.
[15:51] And hope you can go out there and help some other transit agencies.
[15:57] Or agencies.
[16:00] Thank you, Director Peoples. Obviously some of us already made comments earlier today.
[16:07] If anyone else would like to make any comments, the floor is yours.
[16:14] Yeah, I'll just make a couple of public comments. I won't repeat what I said today. Some of
[16:19] that I don't want to repeat. But not in a public forum. But I happen to have the chance of
[16:24] business for a while. And so I really recognize what you've brought to the industry. And I just
[16:30] want to say thank you. And then the second thing I think you're unwavering supportive
[16:36] of our veterans. I think is important. And also all the cultural diversity that we have in
[16:42] the organization, which I didn't mention earlier. But you're supportive of those different
[16:47] events. I think has been really good. And the fact that you can wear Darth Vader mask, you're
[16:52] the only general measure. I know that would wear Darth Vader masks and come to work. So thank
[16:58] you for bringing all of that rounded person to us. Great. I won't repeat what I said earlier.
[17:07] But I just wanted to also point out that this been a real pleasure working with Michael for the
[17:11] last couple years. He's a true professional. I put him on the Mount Rushmara of transit GM's.
[17:18] He's right up there. He could also put him in the category of the goat discussion, right?
[17:24] You got to have it in the mix. So I think you've played the blueprint that the
[17:30] in the system up to us to continue to follow and move forward. So that's I think as our challenge is to
[17:36] try to take your legacy and move forward. Thank you. And Mike, thank you for your time and your
[17:44] service to the agency. It's been a pleasure working with you. You will be very messed.
[17:48] Okay. Go for it. Thank you. So as you depart, Mike, I would just like to acknowledge your
[17:57] nine years of service and express my gratitude in particular for your strong advocacy for the needs
[18:04] of Black and Brown low-income AC transit riders. You have really made a full-throated argument
[18:13] with regional decision makers at the Metropolitan Transportation Commission and with our state
[18:18] legislatures to advance a more equitable regional transportation measure and state legislation.
[18:26] And I just want to let you know how much I appreciate that. Thank you. Okay. With that, go for it.
[18:34] Thank you. President Yang, so Mike, I just want to say once again, what an honor and a privilege
[18:41] has been to work with you. You have given me and my office so much support over your time here at
[18:48] the district. I think more support than we've ever gotten with staffing, with automation,
[18:55] with just being there to support our needs and making our work important. So with that, I just really
[19:02] want to thank you again. And thank you again for all the stability you've brought to this organization
[19:08] because I know what it's like to work in a place that was not very stable and you have been
[19:13] wonderful at providing a place where everybody can come to work, do their job and
[19:21] make positive contributions happen throughout this organization. So thank you once again.
[19:28] Okay. Moving on, unless we all, you'll have a chance at the end or if you want to say it now.
[19:36] Actually, it's my intention to read my entire GM report tonight. So I'll answer if you don't mind
[19:43] President Yang, I'll reserve my closing comments from when we get to my GM report. Sounds good.
[19:47] Okay. Are there any, why don't we move on to public comments? Are there for public comments,
[19:52] right? Not at least one speaker here. Jane, Kramer. Okay.
[20:03] You got it, Jane?
[20:06] You're hired.
[20:11] While we're waiting, I'm still having trouble joining as a panelist. I think I have that to
[20:16] do, Mr. Still, I apologize. I want my comments to be taken to be, to be bent, to be positive.
[20:26] And I'm going to try real hard.
[20:28] At great loss to this community. This board is in transition and this board needs to
[20:44] understand that it needs to learn how to work, not only amongst its own membership,
[20:52] but also needs to be of real assistance to the community it's supposed to serve.
[21:03] You have distanced yourself from the community by making it clear you don't want its input.
[21:11] Just the way, for instance, that you itemize the agenda. You've made it clear to the community
[21:19] just by the way, you've redistricted yourselves that you only are concerned about getting
[21:29] reelected, not serving everybody, minority groups, et cetera in your own individual districts.
[21:40] You've made it clear to the public that you have dissension amongst yourselves and don't know
[21:46] how to problem yourself in a positive way. Now you've got another chance.
[21:55] Hopefully the person you hire might be able to fill the shoes of the retiring general manager.
[22:07] Listen to that person and listen to your community. You were not elected to sit at a desk.
[22:15] You were elected to find out and appreciate and respond positively to their concerns.
[22:25] Thank you for your comments, Jane. Do we have any additional public comments?
[22:29] Yes, Edwardo, an online speaker.
[22:36] Hello. Hello, can you hear me? Yes, please go ahead.
[22:39] I'm sorry. Is this public comments supposed to be for Michael Hershey's retirement or is it for
[22:44] whatever you want to talk about? It's for items not on the agenda, but we'll go ahead and take your comment regarding the general manager.
[22:50] Hey, Mike, congratulations. You made it. Stay healthy, brother.
[22:56] And besides that, I want to talk about the final report the two year investigation on this whole vaccine mandate that came from the
[23:04] house from government itself. They said that the whole mental vaccine never had a scientific proven that
[23:13] it stopped you from getting COVID or spreading it. Natural, natural immunity was a real thing that
[23:21] that she had been accepted that the people that gave the most misinformation was government itself
[23:27] that the six feet apart never had scientific backing that the mask never had scientific evidence that
[23:36] it worked against COVID-19. All I want to say about this, I've been fighting you guys about this forever,
[23:41] that I'm that annoying. It conspiracy theorists die, but I'm no longer conspiracy theorists because every single thing I told you
[23:52] throughout this year is about this vaccine. The house, their final two year investigation have said me
[23:59] free. I mean, I was right about everything and there wasn't that I was right. I was giving you information
[24:05] that that they were hiding from you guys. And all I want to say is that everybody who lost their job over this
[24:12] vaccine were completely right. They're not taking it. And I'm hoping that you guys could do the right thing and
[24:19] hire everybody back with back pay. And this never happens again. A lot of those are really mad.
[24:27] And I'm going to tell you just one case, this is a work that you guys have in a CMS.
[24:35] It's a whole family took it. And I'm close. Evidence of vaccines in a year and a half after taking
[24:40] the vaccine, seven of its family members died of a heart attack. That just once told you, I got so many more
[24:46] for you guys. I just wanted to never do this again, please. And please do the right thing and
[24:51] hire the people you guys fired over this vaccine. All the time about it.
[24:58] Microhorses. Thank you. Thank you for your comments. Do we have any additional comments?
[25:05] That concludes public comment. Okay. Why don't we move on to the consent calendar? I know that
[25:10] we are removing 60, 60, 60. And then Chris, you had mentioned what item are you removing?
[25:20] Fix and is in Nancy. Okay. Six and is there a before we do that? Let's call public comment on the consent calendar.
[25:40] We have no public comment on the consent. Okay. So is there a motion to approve approval of the
[25:56] remainder of the items? Okay. Is there a set? Okay. Why don't we take the roll on that?
[26:03] Okay. Director of peoples? Aye. Vice-president Shaw. Aye. Director Sian? Yes.
[26:11] Mr. McColley? Yes. Director Silva? Yes. And President Young? Yes. Yes. What do we take?
[26:17] Six D.I. have to remove myself from the dias because I have a conflict because my firm co-councils
[26:23] with Jeffrey Lewis's firm. So I will step away from the dias what you guys consider this one. Thank you
[26:30] over director. Thank you very much. Okay. Consider authorizing the district secretary to
[26:42] conduct a recruitment to fill a vacant public member position on the AC Transit Retirement Board,
[26:48] allow applicants residing with the five county bay area region outlined in the staff report to apply
[26:54] an adopt resolution number 24 dash 30 re-appointing Jeffrey Lewis as the second of the two
[27:01] public members AC Transit Board and chief financial officer Chris and to check as a non-AT member each
[27:08] for two-year term expiring our March 30 first 2027. So do we have any questions from the board on any
[27:17] folks? Okay. Move a problem. All right. We have a... I will call the roll. Director Peoples?
[27:29] Aye. Director McColley? Aye. Director Sian? Yes. Director Silva? Yes. Vice President Shaw? Yes. Motion passes?
[27:40] Thank you very much. Okay. We're going to go on to the next one which
[27:47] Excuse me. You got to announce your non-flips.
[27:54] And he's made the room.
[27:58] Amy, do you want to help out on it? On 6G, our newest director, director Silva has a conflict of interest
[28:04] due to his employment with Gillick. So he'll be excused for this item.
[28:16] Okay. Um, 62 proof. Okay. 6G consider authorizing the general manager as the need to execute
[28:27] documents through the state of California's Department of General Services, contract,
[28:32] the purchase, 960 foot zero emission hydrogen buses from the fire. There's been a motion to a
[28:38] prove as there a second. Okay. What do we call the roll? Okay. Vice President Shaw? Yes.
[28:46] Director Peoples? Yes. Director Sian? Yes. Director McColley? Yes. And President Ion? Yes.
[28:53] That motion passes. Okay. What do we move on to 6N Director Peoples? Do you want to launch into your
[29:03] question? Sure. I just have a question. It's a whether this contract includes means of
[29:10] communication, assuming that the phone lines and the internet are down. One such method is
[29:18] and radio, which I know we've done some work with and mics considerably more expert at it than I am.
[29:27] But I just want to see whether that's in the contract. Director Peoples, this is
[29:33] my personal manager. This particular contract will not need to address that specific question
[29:39] because the overall architecture and the geos have been upgraded. So whether you're in the
[29:44] tenth floor conference room, essentially if you plugged into an ethernet port, we have two separate
[29:50] internet providers. We do have satellite phone technology. We have satellite service for limited
[29:57] availability for emergency operations at the geo.
[30:00] For limited availability for emergency operations at the GO, so it's agnostic of where we would be
[30:06] set up. We could have redundant communications. We have not achieved the desire to have a
[30:13] ham radio station yet. That's something we made seeking other research for somebody that has
[30:19] a license. You know, I'm stepping down for my position and Tom O'Neill was the other license
[30:25] ham operator, so there's no specific included for ham, but the GO as a whole is quite redundant
[30:31] for other communications channels. All righty, thank you very much and I'll move the item. Is there a
[30:38] second? Thank you. Okay, what do we take the roll on that? Director Peoples? Aye. Vice President Shaw. Yes. Director
[30:46] Yes. Director Silva? Yes. And President Young? Yes. Okay, six, few. Thank you. Yes. I have questions regarding two of the
[30:59] positions. And the first is the training and workforce development manager. I believe it's
[31:07] our training and education manager that is being upgraded to a director of training and workforce
[31:14] development. And I just would like to learn a little more about what else is changing, but with that upgrade.
[31:22] So will there be the same number of direct reports? It will be it's that role have expanded greatly over
[31:30] a number of years and we have worked with the incumbent employee as well as the GOO to revise it. And
[31:38] it's just it's now is the time to do it because we're we need to mitigate any risks that we have
[31:46] associated with pay equity. So that's the reason. Wait, let me add a little bit to that. We're
[31:54] very full for the incumbent person in the position, but we've added a tremendous amount of work
[31:59] in responsibility, de-escalation training. We've nearly tripled the number of need bus operator classes
[32:06] the workforce development specifically and I'll make comments on that. What I do my GM report
[32:13] is to further expand our operator mentor and mechanic mentor programs as well as all the work that's
[32:20] coming with W. I would ask for the board support on this item. Thank you. And my understanding is that this
[32:29] with this position at the salary grade 14 that the assistant manager makes a grade eight. So I
[32:37] just had a question about that large difference between the assistant manager and the director.
[32:43] Are there how many other positions are there in between those? Just thinking about progression of employees
[32:49] who are there at that grade eight, right? Hoping for promotions. So and that you're absolutely right.
[32:57] It does need to be looked at. I think that the approach is iterative that we need to do it
[33:05] and we need to chunk it up and just ensure that it's economically feasible. So that's our approach
[33:13] with the current economic situation. So is that is the direct report to the salary grade 14 or
[33:20] those direct reports grade eight? Currently yes. Okay and with this change,
[33:27] it would be, or is there someone else in between those? If there's not and we understand that that's
[33:35] something that we need to look to in the future to rectify, but it is on the radar and
[33:43] yes. Good evening, Board of Directors. So yeah, I'm a chief operator, an officer. I like to just
[33:51] share a little more information, director. So I thank you for your question. Those are really good
[33:56] questions. I think right now we're evolving as a district and we've been evolving as a district
[34:01] since starting in 2016. We started to partner with our union to develop more as the general manager mentioned
[34:07] more of our employee workforce development programs and career ladders. So that's one component of
[34:12] this change. The other component is we've adopted a zero-mission university program that's going to
[34:19] create learning capability not only for our employees, but also for other transit agencies and also
[34:26] partnering with community based organizations like we're doing with the Shibon and the Shibon and
[34:29] the S Policitas College where we now we have college critics that are our mechanics or
[34:34] our earning while they're going through an apprenticeship program. A lot of the roles and responsibilities
[34:39] this position has been handed over requires executive level interaction and also interaction with
[34:46] other elected folks, elected officials and leadership at the universities for example. Because we're in
[34:54] a process of transitions, this is step one. Step one is to create a director position. We're in a
[34:59] continue to evaluate the reporting structure to your point on the career succession and that is going
[35:05] to happen next so that now that we have a director we want to be able to look at the
[35:10] whole entire workforce development program at the district and align all the different positions that
[35:15] create that program to make it successful. Thank you. I appreciate that. So my question on the second
[35:24] position is regarding the executive director of retirement and my recollection was at several board
[35:32] members and when we actually had different items. Oh, I'm sorry. Oh, okay. Is that that's
[35:40] six R R and it's been it it's been okay. We acted on that already so I you know we'll just hold off on that
[35:48] but I'm mistakenly acted on that one. So I would have been I know based on our last concerns expressed
[35:56] that I do not believe have been addressed so so I really appreciate the update on this new director
[36:02] position and including this editor of work that is going to continue. My preference would be to see the
[36:10] the full plan so we understand the full cost of it and to not be making these one of decisions outside
[36:16] of the budget process. So I will move to adopt these positions with the exception of the director
[36:23] of training and workforce development and have that one come back to us during our budget process coming
[36:29] up soon. So that's a motion. Okay, is there a motion? There's when a motion is there a second.
[36:38] Hearing none that motion fails is there a motion to approve six Q and it's totality. So a
[36:47] moment is there a second. Second. Okay, why don't we call the role on that? Okay, director peoples.
[36:55] Hi. Vice President Shaw. Yes. Director Sayon? No. Director McColley? Director Silva?
[37:06] So steam. Epstein? Okay and President Yeah. Yes. Okay, well that motion also failed.
[37:15] Okay, do we want to I guess board members how do we want to move forward on this item? Do we want to
[37:24] is there a portion of the classifications that board members would be interested in approving?
[37:35] I did suggest a path forward, but did not receive a second. So I would be open to a second if
[37:43] someone has changed the mind to bring this back as part of our budget process to continue to do that
[37:49] iterative work. So we can understand how this fits in with the career succession planning.
[37:57] The point of clarification is that would that motion be just for the one position director training
[38:04] Yes, just for that one position. I'll second it. Okay, that's been moved in second then. Why don't
[38:10] we take a roll call on that? Just to clarify that was for the entire item with the exception of the
[38:16] director of training workforce development. Correct. Correct. All right, director Sayon?
[38:22] Director McColley? Yes. Director peoples? Yes. Okay, let's see here, director Silva. Yes. Okay.
[38:32] Vice President Shaw?
[38:34] Of steam.
[38:37] Yeah, I'm President Ian. Yes.
[38:39] Yeah, that motion passed. Okay. Why do we move on to seven? Thank you for your time. Why don't
[38:45] we move on to seven A? Consider receiving, we're moving on to external affair, seven A. I'll
[38:52] chair it. Seven A, consider receiving the monthly legislative report and approving legislative positions
[38:58] if necessary. Take it away. Good evening, board members. Go. The award was presenting the
[39:04] monthly legislative report. On the federal level, on November 18th, President Electrump announced his intent
[39:10] to nominate former Wisconsin Republican Congressman Sean Duffy to be the next secretary of transportation.
[39:17] The Senate Commerce Committee will hold his confirmation hearing as early as January 20,
[39:21] once Mr. Duffy is formally nominated. Mr. Duffy was elected to Congress in 2010, where he served
[39:27] on the House Financial Services Committee, the Budget Committee, and the Joint Economic Committee.
[39:33] On January 3rd, former board board member Latifa Simon will be sworn in to represent California's
[39:38] 12th Congressional District. She replaces longtime Congresswoman Barbara Lee. This will be the only
[39:44] change to the district's federal delegation. At the state level, the California Legislature
[39:49] returned to Sacramento on December 2nd for swearing in ceremonies. Former Berkeley Mayor Jesse Arrigin
[39:55] has been sworn in representing the seventh district. He replaces longtime Senator Nancy Skinner.
[40:01] This will be the only change to the district's state delegation. Here in the region, a special meeting
[40:08] of the Metropolitan Transportation Commission was held on Monday to discuss the revenue measure. In
[40:13] advance of the meeting, General Manager Hirsch submitted a letter to the commission. That letter was
[40:18] forwarded to the board last Friday and General Manager Hirsch provided comments in person at the commission meeting.
[40:25] The commission received a draft report to the Legislature on the revenue measure, select committee,
[40:29] which was an informational item and there was no discussion from the commission. The second item on
[40:34] the agenda during that meeting was an action item to seek approval to pull proposed transportation revenue
[40:42] measure frameworks and policy provisions and outline next steps. As a result of the commission's
[40:48] action, MTC staff is going to be conducting polling in January and will come back to the commission
[40:53] in February with the results. The polling is going to be focused on split sample polling for
[40:58] scenario 1A, the hybrid scenario, and there will be polling questions regarding variable tax rates. The
[41:04] scenarios being pulled have not changed from what's been presented to the board in the past few meetings.
[41:10] So again, scenario 1A is a 10 year measure, which will be pulled in five counties, and the hybrid
[41:16] scenario is a 30 year measure, which will be pulled in all nine counties. Many transit advocates spoke in
[41:22] support of AC transit being fully funded under both scenarios. They also raise concerns about
[41:27] equity, which the general manager also raised, and they also raise concerns about the regressive
[41:31] nature of the sales tax. Commission are mildly asked whether a backup funding strategy such as
[41:37] using MTC capital funds for operations is going to be pulled, and I believe the response was no.
[41:43] Santa Clara County commissioners reiterated their position that they prefer to pursue their own
[41:48] 30 year measure in their county. San Mateo County commissioners reiterated their request to
[41:54] request an opt-out option of the regional measure. However, in response to that, contract cost
[42:00] of county representatives expressed concerns about one county being given the opt-out option,
[42:06] but not others. Again, in terms of timeline and next steps, polling is said to begin in January
[42:12] with results expected in February. MTC staff did confirm to the commission that they are committed to
[42:17] working in collaboration with transit operators to develop that poll. And that concludes my report
[42:24] happy to take any questions. Okay, why don't we take public comment on this item? Okay, is there a
[42:31] public comment on this item at this time? Looks like we have one of the works. We're taking public
[42:37] comments. We don't have any online comment. Are you planning to comment on this particular item?
[42:42] Okay. Okay. I have a question. Questions, comment, hearing no public comment? Questions, comments from
[42:48] board members. Director of Peoples, your hand is up. Yeah, this is probably a totally unnecessary
[42:59] comment given where we are and who we are. But I've read everything I can find on the nominee for
[43:09] Secretary of Transportation. And as far as I can tell, he's totally an absolutely unqualified.
[43:15] Never served on TNI. Never had anything to do with transit. The only transportation measures he
[43:23] sponsored were purely local and prokeal. He tried to exempt drivers from time limitations. If they were
[43:36] doing certain things in his state, it's frustrating. But as I say, I'm just venting. I know that
[43:45] nobody here necessarily disagrees with me. I am concerned about the reports about the NTC meeting. I've
[43:55] also been following that for years. And the hope was that we would get a regional measure because we
[44:03] have some counties, particularly Santa Clara, who encourage a huge amount of commercial development
[44:13] and do not supply the housing to solve that commercial development thus leading to a great deal of
[44:23] intercounty and interregional commuting. And it's unfortunate that we can't get a regional funding
[44:34] source to solve a regional problem. But again, I'm sure there's no disagreement here with that,
[44:43] but I felt the need to make a comment about it. Thank you for your comments, Director.
[44:51] Thank you for that day. Just on the polling you mentioned, there'll be poll.
[45:00] What we've seen for the last few months. So does that mean that there will be no polling of the potential
[45:08] of us going to 70% service, right? So voters voting for attacks, and then it being insufficient
[45:16] funding for AC transit. Was that discussed at all? No, it wasn't discussed on Monday. I mean, the polling
[45:25] is going to be on the two scenarios. As staff, we do intend to work closely with MTC staff on
[45:36] the questions. One of the main points that we included in the letter from the general manager
[45:40] was that the polling has to include real questions about trade-offs, which, in our opinion, haven't
[45:45] been included in the polls. MTC has done two dates. So in terms of service levels and, you know,
[45:53] those kinds of questions, we'll do our best to get those included in their poll.
[46:01] Thank you. And I agree. Those are critical important if, you know, a measure goes forward and fails
[46:09] to meet our needs and leads to service cuts. And it's, you know, we passed on the basis of the
[46:14] tremendous support of Alameda County, which the region really relies upon, to vote for transit.
[46:22] You know, it will be a real trust broken, right, to kind of a bait and switch, like you voted for transit
[46:28] and then you got service cuts. So thank you for that advocacy and, you know, anything we can do to get the
[46:36] word out there. I've seen some data related to the cost per writer that, you know, the
[46:44] different scenarios would fund, right? And it reminded me of, you know, one of those handouts that
[46:52] director Peoples has for many years ago, right, looking at the inequities in our regional funding.
[46:59] And I believe it was, you know, the, looking at the different agencies funding per trip under
[47:09] scenario 1A, Bart would receive $6.5 per passenger boarding using our FY23 to 24 ridership numbers,
[47:19] an AC transit would receive 97 cents per trip. And that is assuming that eight of the 10 million that
[47:29] is allocated for Alameda Contra Costa County, feeder bus service goes to AC transit. Otherwise,
[47:35] the amount would be even less. So, you know, I mentioned, you know, Bart and AC, but when you look at
[47:41] Caltrain in scenario 1A, Caltrain would get even more than Bart, $9.83 per passenger boarding,
[47:50] you know, using FY23 24 ridership numbers. And Muni would receive even less than AC transit.
[47:59] 58 cents a trip. So, and when you actually look at current service levels,
[48:07] Bart is over 100% of service is my understanding, Caltrain is almost at 100% AC transit at about 82
[48:14] and Muni at 92%. So, both Muni and AC transit are running less service in 2023 compared to 2019.
[48:24] Yet, you know, we are serving a tremendous number of riders. And this is, you know, that's why
[48:31] I'm so appreciative of the work of the Germanager and the team earlier this week to really make that
[48:37] case for equity and to request an equity analysis of these scenarios. And I'm confident and hopeful
[48:46] that we'll continue to receive updates and that that work will happen.
[48:50] Yeah, and I'll just, I'll just add, Commissioner Myley did express concerns about AC transit shortfall
[48:57] and the equity concerns that the General Manager had raised. Commissioner Kaplan did the same
[49:03] and I would say all of the advocates that spoke and there were many, they did raise concerns about
[49:08] equity and some of the things director say that you just mentioned. Commissioner Multon Peters at the end
[49:14] as they went around and commented she, she also raised concerns and she supported and equity
[49:20] analysis, but that was included in the motion. So, the motion was just to support the staff recommendation
[49:25] to pursue the poll, unfortunately. Thank you.
[49:35] Additional questions, comments? I do. Go find.
[49:40] Yeah, a couple of things just to reiterate what Claudia just said. There was a lot of people that spoke
[49:47] up in support of AC transit at that meeting and a lot of people that spoke up that recognize that,
[49:55] you know, we're asking people for money just to then also cut service and that was kind of
[49:59] acknowledged. The one thing that I didn't hear, they talked about with the poll and working with,
[50:07] there was a couple of commissioners specifically that wanted to make sure they had their
[50:11] questions as part of the poll and they committed to working with them. What I didn't hear, I heard when
[50:18] they planned to do it and when they planned to have the result, but what I didn't hear is when they planned
[50:23] to identify and finish putting together what the questions are. Do you have a timeframe for when
[50:29] they plan to do that to know how quickly we need to get our comments to them about what needs to be included?
[50:37] So a group of transit legislative staffers met with MTC legislative staff last week and we were told that
[50:44] the poll development process was going to be this week and next because the goal is to poll immediately
[50:51] in after the new year. We haven't seen anything yet. So we did a follow-up to MTC staff earlier today
[50:57] asking some of those questions. They haven't got back to you. Yeah, if you need any of those
[51:07] to ask that question as well, let us know. So I think that was it. Thank you. Okay, any additional,
[51:16] you got it? Okay, thank you for all your work and your advocacy on behalf of a regional measure and we
[51:22] look forward to seeing what happens in the new year. Is there a motion to receive the report?
[51:28] Well, should do we see if that's what I got. Okay. It's been moved and as well as a second,
[51:36] why don't we take the role to receive? Okay, Vice President Shaw. You have Dr. McColley? Yes. Dr. Peoples?
[51:42] Hi. Dr. Sayon? Yes. Dr. Silva? Yes. And President Ion? Yes. Yes. Okay, seven B announcement of appointments
[51:52] of the nominating committee for the selection of President Vice President Board 2025. I will present.
[52:01] I will add on there McColley Peoples and Ion. Why do we move on to closed session report out?
[52:12] Are there any questions? Before we do, we have a public comment. Action on the closed session matter.
[52:16] Item A, if we'd like to take that now? Well, we're about to move on to closed session report out.
[52:23] When we get to that, because we're going to go through a day. I think there's going to be another
[52:30] announcement and then we'll get to 80. So I think that's going to be third. Okay.
[52:36] Council, the floor is yours with respect to any reports out. Thank you. We have a report out on
[52:42] Cook's versus AC Transit Workforce Comp Appeals Board. Case number is 80J006670. 80J8285977 and 80J9169216. The board
[52:56] authorized settlement in the amount of $500,000 less per pd advances of $76,729.86. The matter was moved
[53:10] by Director of Science, seconded by Director Shaw. Director of Science, Shaw Peoples, McColley,
[53:16] Silva, and Ion, voted in favor and there was one Director absent, Director Walsh.
[53:23] Hanyah Garcia versus AC Transit, Alameda County spirit court case numbers two. Case number two,
[53:29] three, CB002825, the Board approved settlement in the amount of $290,000. The matter was moved by
[53:38] Director of Science, it was seconded by Director Shaw. Director of Science, Shaw Peoples, McColley,
[53:43] Silva, and Ion, voted in favor. Director Walsh was absent and the final report out under 80 is Marbury
[53:49] versus AC Transit. At all, Contra Costa spirit court case number C21-0169, the Board approved settlement
[53:58] in the amount of $125,000. The matter was moved by Director McColley, seconded by Director Shaw.
[54:05] Director of McColley, Shaw Peoples, Science, Silva, and Ion, voted in favor. Director Walsh,
[54:11] Steve, and Ion, Ion, more. No, no, we did cook. So that's the end of my report out. Thank you.
[54:17] Okay, why don't we take a public employee appointment? Why don't we take the
[54:25] why don't we take the public comment first? Okay, Latina Meredith.
[54:30] A floor is yours. Hello, good evening. I'm Latina Meredith, President of local 192.
[54:42] What I want to say is thank you, Michael Herfus, working together, but I want to also
[54:47] act to a floor if A to you could be a part of not actually hiring the general manager, but let us
[54:55] like know of the person, talk to the person, not how the last say so, but maybe we could give input.
[55:03] Only because I've been here 27 years. I work with Michael Herfus as Vice President, we work
[55:09] well together. When I came in in January, he made sure we met up, we talked and it's easier when you
[55:17] have someone as a general manager where you could get along with, we are the biggest union you have here.
[55:24] And it's easy if you have someone that can work with us, so I won't be a push-in pool.
[55:29] I have been around general managers that even you guys know some of you guys know it's very hard,
[55:35] very difficult and we didn't get anything done. We don't want to stay at a standstill because we have
[55:40] accomplished so much and even with Michael Herfus we have moved forward, especially our apprenticeship
[55:46] program and different things that we have more and more. I don't want to lose that by someone
[55:52] being in this place that don't have no idea of what we do and that's all I want to say. Thank you.
[56:00] Thank you for those comments and do lead note it as we move forward with our search for a new
[56:06] general manager with that in mind. We are prepared to appoint a interim general manager who will serve
[56:14] in that role until we find a new general manager and that interim general manager will be
[56:22] Kathleen Kelly and her effective start date will be December 15, 2024 and that ends the
[56:35] that ends the report out with respect to 8A. Moving on to agenda planning. I believe I didn't
[56:45] see any agenda planning requests. Yes, there is one. It is a joint submission by directors
[56:50] Walt Walsh and McColley. Okay. Is there a, for you given to the presentation, is there a motion to
[56:57] are there three? Yes, is to say yes. I assume you're one. Yes. And then I'll talk to
[57:05] it. Yes, so that moves forward. Last, well not, not last, but second to last. The general
[57:16] manager's reports take it away. I don't have nothing to add this time. I have a Darth Vader costume extra
[57:25] large available. Obviously, and this is a very very condensed version of what I said earlier
[57:33] today and thank everyone for the incredible work just to put on the celebrations today. I will be very
[57:39] brief and I apologize for repeating for those that heard earlier, but over the past several weeks,
[57:44] obviously, I've been reflecting on the past. In 1983, I got off a great hand bus right down here at
[57:51] St. Pablo Avenue and never as a 17 year old did I expect I would be sitting here tonight. I
[57:59] ironically, I believe the general, the geo was being built at the time I was headed off to
[58:03] basic training in the air force and given the leadership and and maintenance practices and skills needed
[58:10] to one be successful in the military, but apply those to public transit in the Bay Area. What I'm most
[58:16] proud of here is the fact that the board supported us and that we got veterans day and Juneteenth
[58:22] officially observed as holidays for the entire district. The operator to mechanic mentor programs
[58:28] that I started at Valley Transportation Authority and I have tried to bring here. As of this morning,
[58:35] there are 138 transit agencies that have adopted a mentor program with more than 1,700 mentors active
[58:42] today helping new operators of the new mechanics, excel and succeeded at the work they do.
[58:49] Extremely proud of the Bart Rescue and Project. We will never go far enough with bathroom,
[58:54] safe, clean facilities for the difficult job that our operators do. I'm very excited about the
[58:59] new throne bathrooms and I can't wait to be invited back for a bathroom ribbon cutting.
[59:07] The pandemic, there was no playbook for that. I was very comfortable running a transit agency
[59:12] day today, but then when the pandemic was thrown on us there wasn't a playbook. Extremely proud of
[59:17] how fast we got real time passenger as well as the passenger count on the bus available for the
[59:25] public to see how crowded the bus was. Personal protective equipment not only for our employees,
[59:31] but also for the passengers including hand sanitizer and masks. Appreciation pay at which we were able
[59:38] to do it quicker, but I'm still proud that we led the way with appreciation pay for the frontline
[59:42] workers. I really want to take a moment to thank ATU, ASP and IBEW, our employees that are out there
[59:49] every day and night and weekend, 365 days a year, the point of the spear that do the hard work for us
[59:56] without our labor partners. I certainly would not have had this success.
[1:00:00] First of all, thank you to the board who has supported and understood this difficult decision. Thank you to the writers, employees, taxpayers who have entrusted me with this incredible responsibility. Finally, again to Linda and Amy, the importance of the three don't look that way. Be happy smile.
[1:00:17] The importance of the three board officers and the relationship that we forged is incredible. It's a very important check and balance for how this agency works.
[1:00:26] There's not enough thanks, I can say. Finally, Chief Operating Officer Saloyamas, who has been there for me in the most difficult and challenging times of my life.
[1:00:36] Who has stepped into this seat multiple times often without notice.
[1:00:40] I did not call out today because I wanted to specifically recognize Sal and the leadership of the Operations Team.
[1:00:46] We are about bus service and some proud of the Operations Team. Thank you for this incredible opportunity.
[1:00:51] That concludes my general manager to the board.
[1:00:54] Thank you.
[1:01:00] Okay, moving on to board staff comments. Do we have any additional staff comments?
[1:01:07] Okay, do we have any board comments?
[1:01:11] Director Sayad.
[1:01:13] Thanks. I have a statement on the topic of the General Manager's transition to senior advisor.
[1:01:20] Last Friday, I learned the terms of the General Manager's transition.
[1:01:25] After his last day of work this Friday, on Monday, the General Manager will move to the position of senior advisor and continue to be compensated as an employee.
[1:01:37] Receiving his full salary and benefits through September 30th, 2025, including vacation holidays and deferred compensation.
[1:01:46] The sweetheart deal consists of an obligation to be on call as a senior advisor.
[1:01:52] Employee position without any minimal amount of work while continuing to receive a full executive salary and benefits on the public dime.
[1:02:02] This critical role will continue until lucrative retirement benefits kick in next September when he reaches 10 years of full time employment.
[1:02:11] The deal allows the General Manager to seek an accept other employment without restriction.
[1:02:17] The senior advisor classification that the settlement agreement purports to hire him into has been abolished as of February 14th, 2018.
[1:02:27] I asked the General Council why this is not a gift of public funds and to this date have not received a meaningful explanation.
[1:02:35] After I advised AC Translate that they were violating the Brown Act, the board proceeded behind closed doors anyway and voted for this settlement.
[1:02:44] I was excluded improperly from the closed session meetings where this decision was made.
[1:02:49] I want to be clear that I had no part in this deal and that I do not support it.
[1:02:54] This agreement occurred without any written claim being filed.
[1:02:58] Even though agency ordinance requires any person with a claim against the district for money to file a claim in writing the district secretary.
[1:03:06] At a time when we should be earning the public stress to save our agency from the fiscal cliff.
[1:03:11] This sweetheart deal is a colossal misjudgment.
[1:03:15] The settlement discounts amount to fraud paying out a substantial amount of money in response to an unsubstantiated claim and a giveaway of public funds.
[1:03:25] As a director who communicates with writers, community leaders, elected officials and the public, it is very important that I be able to obtain the answers to important matters of the district.
[1:03:37] This involves requesting information and analysis for board staff reports and meetings.
[1:03:42] I have made legitimate observations as a board member and asked legitimate questions.
[1:03:49] A shocked but not surprised when after I raised concerns about racism, sex discrimination, hostile work environment and retaliation, including concerns about how the general manager and the board president were handling these items that the general manager filed a bogus complaint against me that he was being bullied and harassed.
[1:04:11] I want to be clear that I did not do or say anything that would amount to a cause of action against the district.
[1:04:18] I fully cooperated with the district's investigation to prove that I did not bully or harass anyone.
[1:04:25] In the course of the investigation I was asked about things that were squarely within the course of my duties.
[1:04:31] The district's investigation did not substantiate the general manager's complaint that he was bullied and harassed.
[1:04:37] This is supported by the closure of complaint letter that I received on November 6, 2024, which includes the following.
[1:04:45] Attorney Timothy Y'all read at the law firm of Ogletree, Deacons, Nash, Smoke, and Stewart conducted a comprehensive investigation in line with the district's commitment to maintaining a safe and respectful work environment.
[1:04:58] The investigator collected and considered evidence including Mr. Hershey's complaint and interviews, your interviews, interviews of other parties involved video recordings and minutes of district board of directors meetings and other pertinent records.
[1:05:13] Following a fair impartial and thorough investigation, the investigator did not substantiate that there were any violations of board policy number 201 anti bullying and prevention of abusive conduct.
[1:05:27] Thank you for cooperating and investigation. The district now considers this closed.
[1:05:31] The board of directors is aware that there is no merit to the general manager's complaint that he was being bullied and harassed.
[1:05:38] In order for the general manager to have a basis for a claim, he must raise a viable claim.
[1:05:44] He has not.
[1:05:46] The district is purporting to settle a threatened lawsuit over allegations of bullying and harassment that were found by an independent investigation to be untrue and unsubstantiated.
[1:05:57] The power to spend public resources is a sacred trust.
[1:06:01] The principle that public service is a public trust is deeply embedded in the California Constitution, which has an express prohibition against making gifts of public funds.
[1:06:12] Miss using positions of power breaks the public trust and charts a perilous course for our agency.
[1:06:18] This decision reflects the culture problem at the district, a problem of negative behaviors, norms and attitudes that are deeply ingrained.
[1:06:27] Unfortunately, this is a pattern at AC Transit.
[1:06:30] During my two years on the board, I have observed a culture that is hierarchical with a lack of trust with commitments not being met due to failure to follow through with low feedback and low accountability around performance, where people feel like there's a lot of favoritism and nepotism.
[1:06:48] Those observations aren't my own words, those are the words that were reported by an agency consultant and department head at an all employee virtual town hall event on February 16th, 2024.
[1:07:02] At the town hall, the general manager pleaded with employees for another chance to move the needle on this and noted that we're taking steps to address the allegations of nepotism and favoritism.
[1:07:14] A culture problem is impacting our ability to operate as an agency, dozens of our employees and writers have shown up at town halls and board meetings to voice concerns and to press for accountability and change.
[1:07:28] Employees have made allegations of overt racism and of unhealthy working conditions for frontline workers.
[1:07:35] The manager raised the specter of public safety to justify not running buses at night without any public process.
[1:07:41] We have struggled mightily to explain our decisions creating needless antagonism and distrust.
[1:07:47] The general manager's transition to an employee position that is a farce will so further distrust.
[1:07:54] There is no justification for paying a settlement to anyone who presents a bogus complaint, a complaint that can be easily defended.
[1:08:03] And this apparent gift of public funds to the attorney general and the county district attorney's office and asking for an investigation of the legality of the agreement.
[1:08:14] I'm hoping that with new leadership that the culture of our agency will be changed.
[1:08:20] Thank you.
[1:08:21] Okay, any additional comments?
[1:08:25] None at this time.
[1:08:27] Okay, here we know additional comments. This meeting is adjourned.
[1:08:33] Thank you.