Board of Directors - Aug 13, 2026 - Meeting

Board of Directors - Aug 13, 2026 - Meeting

Board of DirectorsBay Area Rapid Transit DistrictAugust 13, 2026

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BART Board Awards Infrastructure Contracts, Appoints Grant's Uncle to Police Oversight

BART's Board of Directors powered through a five-hour meeting that produced unanimous votes on major traction power and network modernization contracts, a unanimous appointment to the police civilian review board that carries deep personal resonance, and a sharp 6-2 split over how aggressively to respond to a Contra Costa Grand Jury report documenting chronic overtime overruns and governance gaps.

  • Grand Jury response sparks only split vote of the day, with Board dividing 6-2 on how firmly to commit to workforce and overtime reforms ahead of 2027 union negotiations

  • Oscar Grant's uncle unanimously appointed to the BART Police Civilian Review Board, closing a circle that began with the 2009 killing

  • $22M network overhaul approved after September 2025 shutdown stranded riders at all 50 stations; zero network storms reported in the 11 months since

  • Traction power contract awarded despite 22% cost overrun, driven by tariffs, aluminum and copper price surges, and data center construction boom

  • One Seat Ride paratransit pilot adopted, eliminating forced van transfers at the Alameda–Santa Clara county line for riders with disabilities

  • Ridership up 16% year-over-year, with new community engagement events selling out in under two hours

  • Three union leaders press for Labor Negotiations Review Special Committee meeting ahead of 2027 contract bargaining


Grand Jury Response Divides the Board on Overtime Accountability

The basics: The Contra Costa Grand Jury's report, titled "BART at a Crossroads," issued 44 findings and 20 recommendations covering BART's financial condition, cost structure, governance, and audit functions. BART agreed with 26 findings, partially disagreed with 16, and disagreed with two. Nine recommendations were or will be implemented, eight require further analysis, and three will not be implemented.

Why it matters: The Grand Jury documented overtime budget overruns — $35M over in FY24 alone — and audit governance gaps that the Board must now formally address by a November statutory deadline.

Where things stand: AGM Pamela Herhold presented staff's draft responses, which categorized Recommendation 8 — calling for a detailed workforce strategy including organizational charts — as "requires further analysis." Director Liz Ames pushed to strengthen that language, proposing an amendment requiring detailed organizational charts and a workforce strategy by March 2027, before collective bargaining negotiations begin.

"Can I get a verbal commitment that you're going to do these organizational charts? That's my problem," said Director Ames.

AGM Herhold declined to commit to Ames's specific timeline, noting the complexity of producing organizational charts across a 4,000-employee district and the need to protect management flexibility ahead of labor negotiations.

Public commenter Jim Martinez flagged potential Penal Code 933.05 compliance issues with BART's categorization of recommendations as "implemented" when actions were still pending, and requested corrections before adoption.

The other side: Vice President Edward Wright proposed a compromise: changing R8's response from "requires further analysis" to "has not been implemented but will be in the future" — a stronger commitment than staff recommended but short of Ames's detailed March 2027 deadline. Director Victor Flores moved the substitute motion incorporating Wright's compromise language.

Director Janice Li supported the compromise, emphasizing the Audit Committee as the appropriate venue for continued oversight. Director Rash Ghosh agreed and noted the Audit Committee's upcoming work plan would address governance recommendations in detail.

Decisions: The substitute motion passed 6-2 (For: Flores, Ghosh, Li, Raburn, Wright, Hernandez; Against: Ames, Foley; Absent: Rinn). Ames and Foley wanted the stronger organizational chart requirements.

What's next: Ames separately introduced a Request for Committee Introduction directing staff to produce detailed organizational charts within 90 days, receiving required support from Directors Foley and Wright. The Audit Committee will take up governance recommendations ahead of the November deadline.


Oscar Grant's Uncle Appointed to Police Civilian Review Board

Why it matters: The appointment of Cephas Johnson brings the story of BART police accountability full circle — from the 2009 killing of his nephew Oscar Grant, which catalyzed the creation of civilian oversight, to now serving on the body itself.

Six candidates presented for the public-at-large seat: Olivia Bird, Rishi Chopra, Micah Hirshman, Cephas Johnson, Marcus McHugh, and John Moore. Director Robert Raburn nominated Johnson, citing his "sterling qualifications."

Johnson described his path to the appointment: "My relationship with civilian oversight at BART did not begin with this application. In 2009, my nephew, Oscar Grant was killed. I participated in the public process as BART began to develop a civilian oversight model."

He also referenced his advocacy for AB 1586, which authorized BART's civilian oversight, and his current role on the California POST advisory board reviewing police decertification matters.

Decisions: Approved 8-0 (Rinn absent). Director Ghosh suggested another finalist, Marcus McHugh, consider applying to the Measure RR Bond Oversight Committee, which is struggling with vacancies.


$22M Network Overhaul Follows Zero Storms in 11 Months

Why it matters: In September 2025, a network failure shut down all 50 BART stations simultaneously, exposing critical single points of failure in the system's operational technology backbone. This contract is the permanent fix.

Where things stand: Chief Technology Officer Travis Angstrom reported that since the shutdown, staff completed 212 wayside stabilization events working swing and grave shifts.

"I'm happy to report that over the last 11 months we have had zero network storms. And because of the ferocity that this issue was attacked with by the team, we avoided four additional events that would have caused similar outages," said CTO Angstrom.

The new architecture replaces dense wave multiplexing single-chassis systems with dual-cluster Arista switches providing three exits from each facility plus cellular backup. Equipment costs are 58% lower and three times more reliable than the legacy systems. The project leverages $30M worth of fiber optic cable laid at no cost by the digital railway project. A lab facility with six racks will be built for staff training and emergency drills, with Transource Services assembling racks at a Livermore integration center.

The other side: SEIU Local 1021 President Olivia Rocha raised equity concerns about new non-represented cyber positions receiving higher compensation while union-represented employees received none. "We are very concerned that BART is moving forward with this contract while providing increased compensation for non-represented personnel, yet leaving union-represented employees behind with no corresponding wage adjustment," she said.

Director Raburn acknowledged the concern and urged staff to ensure worker equity in the transition.

Decisions: Approved 8-0 (Rinn absent).


Traction Power Contract Awarded Despite $34M Cost Overrun

Why it matters: Three new substations with dual 5-megawatt transformers are critical-path infrastructure for BART's communications-based train control (CBTC) modernization. Delaying the contract risks further cost escalation in a volatile commodities market.

Where things stand: AGM Joy Sharma presented the East Bay Traction Power project under the Transbay Corridor Core Capacity Program. Three ground-up substations will be built: KTF at the Oakland Y under a Caltrans freeway ramp (the critical-path element), CMR between Concord and Pleasant Hill, and RPA near Richmond yard.

Tariff Math

The low bid from DMZ/Comstock JV came in 22% — $34M — above the engineer's estimate. Staff attributed 83% of the variance to traction power equipment costs driven by aluminum prices surging 19%, copper up 32%, tariff impacts (50% of California contractors reported raised prices), and competition from data center construction spending that grew from $10 billion in 2022 to $38 billion in 2025.

Public commenters Alita Dupree and Glenn Overton spoke about the importance of system reliability and infrastructure investment.

Director Flores noted the project's importance and asked about risk mitigation. Staff recommended proceeding rather than risking further escalation.

Decisions: Approved 8-0 (Rinn absent). The five-and-a-half-year project will begin with notice to proceed in November 2026 and complete in fall 2032.


One Seat Ride Pilot Ends Forced Paratransit Transfers at County Borders

Why it matters: Paratransit riders currently must physically transfer from one van to another at the Alameda–Santa Clara county line — a burden for wheelchair users and elderly riders that this pilot directly eliminates.

Where things stand: MTC Director of Regional Network Management Melanie Choi presented a comprehensive update on regional transit integration, including the BayPass program (participants take 35% more transit trips), Clipper Start, and wayfinding prototypes showing 90% ease-of-navigation in testing.

BART Manager of Access Programs Kevin McDonald presented the One Seat Ride pilot, which will allow paratransit riders to travel between Hayward, Union City, Newark, and Fremont and destinations in Campbell, Milpitas, and San Jose without transfers. The $10 premium fare for trips outside BART/AC Transit service areas matches what riders currently pay collectively across separate systems. MTC funds all pilot operating costs.

Director Ames shared personal experience navigating paratransit transfers for her father, underscoring the real-world burden on families. Director Foley noted his daughter signed up for BayPass at San Jose State and advocated for individual BayPass purchases. Director Raburn connected fare gate installation to Clipper Start growth and advocated extending the one-seat-ride concept to veterans' medical appointments.

Decisions: Approved 8-0 (Rinn absent). A two-thirds supermajority was required.


Measure RR: 69% Done, But Oversight Panel Running on Fumes

Why it matters: With only four of seven volunteer seats filled for 12 months, the Measure RR Bond Oversight Committee is at risk of losing quorum and independent technical oversight of BART's $3.5 billion voter-approved capital program.

Dr. Cindy Simon Rosenthal, the committee chair, presented the ninth annual report covering April 2025 through March 2026. The program is in its 10th year of an expected 22-year lifespan, with 72 projects completed and 98 in progress. Every dollar of RR funding has leveraged approximately $2 in additional capital.

But the vacancies dominated the discussion. The committee needs a civil engineer, an electrical engineer, and a CPA.

"For the last 12 months we have had three vacancies on this committee. That's a bare number for a quorum to conduct business, which has been a challenge for this committee and I hope it is a challenge to all of you," said Dr. Simon Rosenthal.

She emphasized: "There is nothing as important as the personal ask from people who are in a leadership role."

Director Ghosh noted a catch-22: "Folks who are interested may have done, are currently doing business with BART, and so then that makes it difficult for them to be able to participate on this committee."

Director Ames, a licensed civil engineer, noted BART's $3 billion unfunded infrastructure backlog and urged the committee to pivot toward examining funding priorities.

BART Measure RR Program Manager Rachel Russell presented project highlights including the completion of all downtown San Francisco Market Street canopy installations — a $114M project — and El Cerrito del Norte complete streets improvements under the Safe Routes to BART program.


Unions Press for Labor Committee Meeting Ahead of 2027 Bargaining

Three union leaders used public comment to push the Board to schedule the Labor Negotiations Review Special Committee, which has met only twice since 2018. All BART collective bargaining agreements expire June 30, 2027.

Chris Finn of ATU Local 1555 urged the Board to schedule committee meetings. Sal Cruz, AFSCME Local 3993 president, noted unions submitted a joint written request on July 23.

Board President Melissa Hernandez confirmed a September meeting of the committee.


Minor Items

  • Consent calendar approved 8-0: FY2027 bond property tax rates, $1.6M in ACTC grant applications for Ashby transit-oriented development and station improvements, BART Police HQ design-build contracts, Zscaler cybersecurity procurement, and other contracts. Director Foley flagged that relocating customer service from inside Lake Merritt station's paid area to the new police headquarters outside the station may inconvenience riders; Deputy GM Michael Jones committed to follow up.

  • District base pay schedule adopted 8-0 as required by SB 707 and CalPERS for salary reportability; no pay increases result from the action.

  • GM Bob Powers reported July FY27 ridership 6% above budget and 16% above the prior year. New community events included "Tool Time with the Deputy General Manager," which drew hundreds of families, and a GM Walking Tour at Powell, Glen Park, and San Bruno stations that sold out in under two hours with 70 participants. BART interns won first place at the national Introducing Youth to America Infrastructure competition for their blue envelope accessibility program.

  • Director Ames introduced a Request for Committee Introduction directing staff to produce detailed organizational charts within 90 days; Directors Foley and Wright provided the required support.

  • Closed session on senior executive performance evaluations produced nothing to report.