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, December 14, 2022 at 5:00 PM  
https://bit.ly/3j5BGyW  
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  
JILL A. SPRAGUE, GENERAL COUNSEL/CHIEF LEGAL OFFICER  
LINDA A. NEMEROFF, BOARD ADMINISTRATIVE OFFICER/DISTRICT SECRETARY  
1.  
CALL TO ORDER  
The Alameda-Contra Costa Transit District Board of Directors held a meeting on Wednesday,  
December 14, 2022, at 5:00 p.m.  
The meeting was called to order at 3:45 p.m. for the purpose of Closed Session. All Board  
members were present, with the exception of Director Peeples who arrived at 3:47 p.m. The  
Board convened in Closed Session to discuss Items 7A-7E as listed on the agenda. Closed  
Session concluded at 4:42 p.m.  
President Young called the Board of Directors meeting to order at 5:01 p.m.  
2.  
3.  
ROLL CALL  
Present:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
PUBLIC COMMENT  
[Written comment received prior to the meeting is attached hereto as Exhibit A.]  
Willie commented on bus operators not being careful or attentive to safely secure disabled  
riders and asked AC Transit to address this concern.  
Omowale Fowles advocated for the restoration of full service to Line 80. Fowles noted many  
people and consumer groups who expressed support this effort.  
4.  
5.  
MODIFICATIONS TO THE AGENDA  
There were no modifications to the agenda.  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
MOTION: PEEPLES/SHAW to receive, approve or adopt the items on the Consent Calendar as  
indicated with the exception of Item 5.O. which was pulled off the consent calendar by  
Director McCalley. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.A. Consider approving the minutes of the Joint Board of  
22-619  
Directors/Retirement Board meeting held on October 19, 2022.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/SHAW to Approve the minutes of the Joint Board of  
Directors/Retirement Board meeting held on October 19, 2022. The motion carried by  
the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.B. Consider approving the minutes of the Special Board of Directors  
22-628  
meeting on November 16, 2022.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/SHAW to approve the minutes of the Special Board of Directors  
meeting on November 16, 2022. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.C. Consider approving the minutes of the special Board of Directors  
22-640  
meeting of December 2, 2022.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/SHAW to approve the minutes of the special Board of Directors  
meeting of December 2, 2022. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.D. Consider the adoption of Resolution No. 22-046 making the necessary  
findings and re-authorizing the AC Transit Board of Directors and all  
District Advisory, Oversight, and Inter-Agency Liaison Committees to  
hold remote teleconference meetings during a declared state of  
emergency, subject to the requirements of the Brown Act, through  
January 13, 2023.  
22-053p  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/SHAW to adopt Resolution No. 22-046 making the necessary  
findings and re-authorizing the AC Transit Board of Directors and all District Advisory,  
Oversight, and Inter-Agency Liaison Committees to hold remote teleconference  
meetings during a declared state of emergency, subject to the requirements of the  
Brown Act, through January 13, 2023. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.E. Consider receiving the Certificates of Election Results and the Official  
Canvas for Director At-Large Joel Young, Ward 4 Director Murphy  
McCalley, newly elected Ward 3 Director Sarah Syed, and Ward 5  
Director Diane Shaw who was unopposed.  
22-615a  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/SHAW to receive the Certificates of Election Results and the Official  
Canvas for Director At-Large Joel Young, Ward 4 Director Murphy McCalley, newly  
elected Ward 3 Director Sarah Syed, and Ward 5 Director Diane Shaw who was  
unopposed. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.F. Consider receiving the Accessibility Advisory Committee minutes of  
22-626  
October 11, 2022.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
MOTION: PEEPLES/SHAW to receive the Accessibility Advisory Committee minutes of  
October 11, 2022. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.G. Consider approving the award of a contract to MarinShip  
Development Interest, LLC (of San Francisco) for the installation of a  
stormwater bioswale at the San Leandro Transit Center/San Leandro  
BART Station/BRT Southern Terminus.  
22-642  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
MOTION: PEEPLES/SHAW to approve the award of a contract to MarinShip  
Development Interest, LLC (of San Francisco) for the installation of a stormwater  
bioswale at the San Leandro Transit Center/San Leandro BART Station/BRT Southern  
Terminus. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.H. Consider receiving the Monthly Reports on Investments for September  
22-600  
2022.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
MOTION: PEEPLES/SHAW to receive the Monthly Reports on Investments for  
September 2022. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.I.  
5.J.  
Consider approving minor amendments to Board Policy 311 - Budgets  
22-620  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
MOTION: PEEPLES/SHAW to approve minor amendments to Board Policy 311 - Budgets.  
The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Consider receiving the semi-annual update on the Next Generation  
Clipper (C2) Program implementation.  
22-606  
Staff Contact:  
Ahsan Baig, Chief Information Officer  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
MOTION: PEEPLES/SHAW to receive the semi-annual update on the Next Generation  
Clipper (C2) Program implementation. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.K. Consider authorizing the General Manager to enter into contracts and  
approve annual renewal rates for Kaiser Permanente, Health Net,  
Vision Service Plan, MetLife Dental and Standard Life Insurance.  
22-638  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
MOTION: PEEPLES/SHAW to authorize the General Manager to enter into contracts and  
approve annual renewal rates for Kaiser Permanente, Health Net, Vision Service Plan,  
MetLife Dental and Standard Life Insurance. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.L.  
Consider receiving the Monthly Legislative Report.  
22-552  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
Public Comment:  
Steven Cooper requested information regarding whether Senate Bill 917 would be  
moving forward into the next legislative session or if it is officially ended without action.  
MOTION: PEEPLES/SHAW to receive the Monthly Legislative Report. The motion carried  
by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.M. Consider approving amendments to, and the re-titling of, Board Policy  
213 from “Prohibiting All Forms of Unlawful Employment  
Discrimination Including Sexual or Other Forms of Harassment” to  
“Prohibiting Unlawful Employment Discrimination, Harassment and  
Retaliation”.  
22-454  
Staff Contact:  
Sebron Flenaugh III, Executive Directors of Human Resources  
MOTION: PEEPLES/SHAW to approve amendments to, and the re-titling of, Board Policy  
213 from “Prohibiting All Forms of Unlawful Employment Discrimination Including  
Sexual or Other Forms of Harassment” to “Prohibiting Unlawful Employment  
Discrimination, Harassment and Retaliation”. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.N. Consider the adoption of Resolution No. 22-047 authorizing the  
General Manager to enter into a Memorandum of Understanding with  
the American Federation of State, County and Municipal Employees  
22-644  
(AFSCME) Local 3916 for an Appreciation Pay Bonus.  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
Michael Hursh, General Manager/Chief Executive Officer  
MOTION: PEEPLES/SHAW to adopt Resolution No. 22-047 authorizing the General  
Manager to enter into a Memorandum of Understanding with the American Federation  
of State, County and Municipal Employees (AFSCME) Local 3916 for an Appreciation Pay  
Bonus. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
5.O. Consider adopting the District’s three-year Disadvantaged Business  
22-241b  
Enterprise (DBE) Goal of 24% for Federal Fiscal Years (FFY) 2023 - 2025.  
Staff Contact:  
Michael Hursh, General Manager/Chief Executive Officer  
Lynette Little, Director of Civil Rights & Compliance  
Director McCalley pulled Item 5.O. off the consent calendar to comment that he was  
pleased to see the DBE goal increased to 24%. There was no public comment offered.  
MOTION: McCALLEY/SHAW to adopt the District’s three-year Disadvantaged Business  
Enterprise (DBE) Goal of 24% for Federal Fiscal Years (FFY) 2023 - 2025. The motion  
carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.  
REGULAR CALENDAR  
Finance and Audit Items - Chair Shaw  
6.A. Consider receiving the Year-End Financial Statements and  
22-568  
Independent Auditor’s Report for the Fiscal Year Ended June 30, 2022.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Chief Financial Officer Chris Andrichak presented the staff report. Brad Schelle of  
Crowe, LLC was also in attendance. Mr. Andrichak explained that although the  
independent financial auditor Crow, LLC issued a clean opinion, they noted a significant  
deficiency as outlined in attachments 9 and 11 of the report. The findings relate to the  
projected and actuarial valuations of Other Post-Employment Benefits (OPEB) liability  
which has no effect on the operating expenses. Another deficiency was discovered in  
the lease accounting statements. In addition to the deficiencies, Staff Report 22-568  
(page 3) was corrected to replace “increased” with “decreased” in the following  
statement on page 3: “It should also be noted that without the receipt of $65.5 million  
of Federal Coronavirus Response and Relief Supplemental Appropriations (CRRSA) and  
American Rescue Plan (ARP) Act funding during the period the cumulative net position  
would have increased decreased modestly to $107.3 at fiscal year-end.” Mr. Andrichak  
acknowledged the errors and explained that a corrective action plan is in place.  
There was no public comment offered.  
MOTION: YOUNG/PEEPLES to receive the Year-End Financial Statements and  
Independent Auditor’s Report for the Fiscal Year Ended June 30, 2022 including the  
outlined deficiencies and corrections. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.B. Consider receiving a report from the District Parcel Tax Fiscal Oversight  
Committee on Measure VV/C1 tax proceeds for the year ended June  
30, 2022.  
22-583  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Chief Financial Officer Chris Andrichak presented the staff report. There was no public  
comment offered.  
MOTION: McCALLEY/YOUNG to receive a report from the District Parcel Tax Fiscal  
Oversight Committee on Measure VV/C1 tax proceeds for the year ended June 30,  
2022. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Planning Items - Chair Beckles  
6.C. Consider receiving an update on the Metropolitan Transportation  
Commission’s (MTC) Regional Network Management (RNM) Business  
Case, including the proposed Near-term Framework.  
22-641  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
[Written comment received prior to the meeting is incorporated into the file by  
reference.]  
Director of Service Development and Planning Robert del Rosario presented the staff  
report.  
Public Comment:  
Steven Cooper urged the Board to not proceed with the March 1st launch of the  
Metropolitan Transportation Commission Regional Network Management (MTC RNM)  
Case without funding in-hand to manage expenses, which includes staff time, and resist  
pushback from the MTC regarding its unfair request for agency funding.  
Adina Levin, Seamless Bay Area, commented on, and expressed support for, the MTC  
RNM proposal.  
MOTION: PEEPLES/SYED to receive an update on the Metropolitan Transportation  
Commission’s (MTC) Regional Network Management (RNM) Business Case, including  
the proposed Near-term Framework. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.D. Consider adopting AC Transit’s Bus Stop Furniture Guidelines.  
22-403a  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Transportation Planner Carissa Lee presented the staff report.  
Public Comment:  
Omowale Fowles noted that the Northbound bus stop at Ashby Avenue and  
Sacramento Street does not have a bus bench or other seating available for transit  
riders and requested this bus stop seating be added at this location.  
MOTION: McCALLEY/WALSH to adopt AC Transit’s Bus Stop Furniture Guidelines as  
presented. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.E. Consider approving the submittal of the Short-Range Transit Plan  
22-580  
(SRTP) to the Metropolitan Transportation Commission (MTC).  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Senior Transportation Planner Nathan Landau presented the staff report.  
Public Comments:  
Omowale Fowles expressed concerns how the staff report notes that the Bayer  
Corporation expansion affects bus service along Seventh Street in Emeryville and asked  
staff to work with Bayer Corp to keep the street open.  
Adina Levin, Seamless Bay Area, thanked staff for its work on the Short-range Transit  
Plan and commented on and how it addresses the finances involved on the Short-range  
Transit Plan.  
MOTION: YOUNG/SHAW to approve the submittal of the Short-Range Transit Plan  
(SRTP) to the Metropolitan Transportation Commission (MTC). The motion carried by  
the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Operations Items - Chair Young  
6.F. Consider receiving a report on how District Employees are engaged to  
provide feedback and suggestions, and how responses are facilitated  
[Requested by Director Walsh 1/12/2022].  
22-572  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
Human Resources Manager Elisabeth West presented the staff report. Executive  
Director of Human Resources Sebron Flenaugh addressed questions. There was no  
public comment offered.  
MOTION: WALSH/SHAW to receive the report and direct staff to provide a  
status/progress report on the initiatives discussed in six months.The motion carried by  
the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.G. Consider receiving the Quarterly Operations Performance Report for  
AC Transit Fixed Route Services during the First Quarter of Fiscal Year  
22-23.  
22-593  
Staff Contact:  
Salvador Llamas, Chief Operating Officer  
Assistant Director of Maintenance Chris Durant presented the staff report. There was  
no public comment offered.  
MOTION: McCALLEY/BECKLES to receive the Quarterly Operations Performance Report  
for AC Transit Fixed Route Services during the First Quarter of Fiscal Year 22-23. The  
motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.H. Consider receiving the Quarterly Protective Services Report for AC  
22-599  
Transit during the First Quarter of Fiscal Year 2022-23.  
Staff Contact:  
Salvador Llamas, Chief Operating Officer  
Chief Operating Officer Salvador Llamas presented the staff report.  
Public Comment:  
Omowale Fowles commented on an incident and wished to express appreciation for a  
Bus Operator who defused a situation on a bus.  
George Spies requested information about what role the Alameda County Sheriff have  
in keeping the BRT corridor safe for pedestrians.  
MOTION: SYED/SHAW to receive the Quarterly Protective Services Report for AC Transit  
during the First Quarter of Fiscal Year 2022-23. The motion carried by the following  
vote:  
Ayes:  
Board Administrative Matters - President Young  
6.I. Announcement of appointments to the Nominating Committee for the  
selection of President and Vice President of the Board for 2023.  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
22-625  
(Verbal)  
Presenter:  
President Young  
President Young announced the appointment of Directors Peeples, McCalley and Shaw  
to the Nominating Committee.  
6.J.  
Announcement of Interim Liaison Committee appointments. (verbal)  
22-627  
Presenter:  
President Young  
President Young announced the following interim Liaison Committee appointments:  
Director Syed is appointed to the City of Alameda/AC Transit Interagency Liaison  
Committee and Director Peeples is appointed to the Alameda County Transportation  
Commission (ACTC). President Young asked the District Secretary to notify the ACTC of  
the interim appointment of Director Peeples, which takes effect immediately.  
7.  
CLOSED SESSION/REPORT OUT  
General Counsel Jill Sprague reported out on the following:  
MOTION: PEEPLES/MCCALLEY to approve a settlement and compromise & release in the  
amount of $105,000.00 on Cornelius v. AC Transit WCAB Case Nos. ADJ8599334, ADJ8926766,  
ADJ10406703, and ADJ8774612. The motion carried by the following vote:  
Ayes: PEEPLES, MCCALLEY, BECKLES, WALSH, SYED, SHAW, YOUNG  
MOTION: PEEPLES/YOUNG to approve a compromise & release in the amount of $450,000.00  
on Oliver v. AC Transit WCAB Case Nos. ADJ1967574, ADJ207089, ADJ1888509, ADJ2787478,  
ADJ2725287, ADJ586122, ADJ1408097, ADJ967580, ADJ2120880, ADJ690472,and ADJ1453735.  
The motion carried by the following vote:  
Ayes: PEEPLES, YOUNG, BECKLES, WALSH, SYED, MCCALLEY, SHAW  
7.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
- Cornelius v. AC Transit, WCAB Case Nos. ADJ8599334; ADJ8926766; ADJ10406703;  
ADJ8774612  
- Oliver v. AC Transit, WCAB Case Nos. ADJ1967574, ADJ207089, ADJ1888509, ADJ2787478,  
ADJ2725287, ADJ586122, ADJ1408097, ADJ967580, ADJ2120880, ADJ690472, ADJ1453735  
7.B. Conference with Legal Counsel – Potential Litigation (Two Cases)  
(Government Code Section 54956.9(b))  
7.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  
7.D. Public Employee Performance Evaluation  
(Government Code Section 54957)  
Title: General Manager, General Counsel, District Secretary  
7.E. Threat to Public Services and Facilities  
(Government Code Section 54957(a)):  
Consultation with: Salvador Llamas, Chief Operating Officer.  
8.  
AGENDA PLANNING  
8.A. Review of Agenda Planning Pending List.  
22-065t  
Agenda Planning requests from Vice President Shaw and Directors Peeples and Walsh  
were accepted.  
9.  
GENERAL MANAGER’S REPORT  
General Manger Michael Hursh stated no additional information to report.  
9.A. General Manager’s Report for December 14, 2022.  
22-041t  
The General Manager's Report was presented for information only.  
10.  
11.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
Board Members and Staff commented on meetings, conferences, and events they attended  
since the last Board meeting.  
ADJOURNMENT  
Next Meeting: January 11, 2022 at 5:00 p.m.  
There being no further business to come before the Board of Directors, the meeting adjourned  
at 7:20 p.m. The next meeting of the Board is scheduled for January 11, 2023 at 5:00 p.m.  
Respectfully submitted,  
/s/  
Linda A. Nemeroff  
District Secretary