ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
AGENDA  
Board of Directors - Regular Meeting  
CLOSED SESSION 2:30 PM (see item 7 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 13, 2023 at 5:00 PM  
MEMBERS OF THE BOARD OF DIRECTORS  
JOEL YOUNG, PRESIDENT (AT-LARGE)  
DIANE SHAW, VICE PRESIDENT (WARD 5)  
JOVANKA BECKLES (WARD 1)  
JEAN WALSH (WARD 2)  
SARAH SYED (WARD 3)  
MURPHY MCCALLEY (WARD 4)  
H. E. CHRISTIAN PEEPLES (AT-LARGE)  
BOARD OFFICERS  
MICHAEL A. HURSH, GENERAL MANAGER/CHIEF EXECUTIVE OFFICER  
JILL A. SPRAGUE, GENERAL COUNSEL/CHIEF LEGAL OFFICER  
LINDA A. NEMEROFF, BOARD ADMINISTRATIVE OFFICER/DISTRICT SECRETARY  
Live Public Comment  
The public is invited to attend the Board of Directors meeting in person or remotely. Live  
public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover of this agenda.  
District Secretary will call each speaker when it is their turn to speak. Zoom participants must  
use the “raise your hand" feature to indicate they wish to speak on an item and use the  
“unmute” option once prompted to speak.  
For participants calling in, dial *9 to “raise your hand” when the agenda item is called. When  
you are called by the last 4 digits of your phone number, dial *6 to unmute. If you decide not  
to speak, dial *9 to "lower your hand".  
Written Public Comment  
Written comment can be submitted directly to the Board BEFORE the meeting starts. Click on  
corresponding meeting. Please note that eComment submissions close 30 minutes prior to the  
start of the meeting. Written comments can also be emailed to myvoice@actransit.org.  
Indicate the agenda item number in the subject of the email. Email submissions must be  
received two hours prior to the start of the meeting.  
Members of the public who wish to listen/view the meeting can do so at  
"Audio/Video" column. This feature is only available during the live broadcast of the meeting.  
AC Transit does not provide technical support to users accessing the meeting by  
telephone/Zoom.  
1.  
CALL TO ORDER  
2.  
3.  
ROLL CALL  
PUBLIC COMMENT  
Any person may directly address the Board at this time on any item of interest to the public  
that is within the subject matter and jurisdiction of the Board. Boardmembers may briefly  
respond to statements or questions from the public, ask questions for clarification, refer a  
matter to staff, request staff to report back at a subsequent meeting, or direct staff to place  
the matter on a future agenda. However, under the Brown Act, the Board cannot engage in  
discussion or take action on any item not listed on the agenda. Public Comment on a specific  
agenda item will be invited at the time the item is being considered. Two (2) minutes are  
allowed for each item.  
4.  
5.  
MODIFICATIONS TO THE AGENDA  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
5.A. Consider approving Board of Directors meeting minutes of December 1,  
2023.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
5.B. Consider authorizing the General Manager to execute a single source  
contract with Prophix Software, Inc., to provide continued services and  
technical support for the District’s budget system for a term of five (5)  
years.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
5.C. Consider adoption of Resolutions 23-043 and 23-044 authorizing the  
General Manager, or his designee, to file and execute applications and  
funding agreements with the Metropolitan Transportation Commission  
(MTC) for the FY 2022-23 Transit Performance Initiative - Investment  
(TPI-Investment) grant program for the Foothill Corridor Planning Study  
and MacDonald Transit Signal Priority (TSP) Project.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
5.D. Consider adoption of Resolution No. 23-045 authorizing the General  
Manager, or his designee, to file and execute applications and  
funding/contract agreements with the Volkswagen Environmental  
Mitigation Trust Fund for the purchases of zero-emission transit buses.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
5.E.  
Consider adoption of Resolutions Nos. 23-047 and 23-048 authorizing  
the General Manager, or his designee, to file and execute applications  
and funding agreements with the Alameda County Transportation  
Commission (ACTC) for the 2024 Comprehensive Investment Plan (CIP)  
for the Fruitvale Corridor Transit Signal Priority (TSP) and High Priority  
Bus Improvements Projects.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
5.F.  
Consider authorizing the General Manager to execute an agreement  
with the Bay Area Rapid Transit District (BART) to provide bus bridge  
services in response to the scheduled track maintenance and BART  
station closures from 2024 to 2026.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
5.G. Consider approving amendments to Board Policy 207, including a change  
in the title of the policy from Equal Employment Opportunity and  
Affirmative Action Policy to Equal Employment Opportunity (BP 207).  
Staff Contact:  
Lynette Little, Director of Civil Rights & Compliance  
5.H. Consider receiving the Quarterly Customer Services Update for the first  
quarter, FY2024  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
5.I.  
5.J.  
Consider receiving the Monthly Legislative Report.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
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.  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
6.  
REGULAR CALENDAR  
Planning Items - Chair Syed  
6.A. Consider receiving a status update on Realign, including an overview of  
Phase 3 input received to date and next steps, and provide direction to  
staff as needed.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
External Affairs Items - Chair Peeples  
6.B. Consider approving appointment of AC Transit's Representative to the  
Alameda County Transportation Commission's (ACTC) Paratransit  
Advisory and Planning Committee (PAPCO).  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
Finance and Audit Items - Chair McCalley  
6.C. Consider receiving a report from the District Parcel Tax Fiscal Oversight  
Committee on Measure VV/C1 tax proceeds for the year ended June 30,  
2023.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.D. Consider receiving the Year-End Financial Statements and Independent  
Auditor’s Report for the Fiscal Year Ended June 30, 2023.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Operations Items - Chair Shaw  
6.E.  
Consider receiving the FY 2023-24 First Quarter Protective Services  
Report.  
Staff Contact:  
Michael Hursh, General Manager/Chief Executive Officer  
Board Administrative Matters - President Young  
6.F.  
Consider the adoption of either Ordinance 20 (Evergreen) or Ordinance  
20 (Jade) establishing a seven-ward election system, including one  
option for the sequencing of elections beginning with the November  
2024 Statewide General Election pursuant to Elections Code Section  
10010; and waive the second reading of the selected ordinance.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
Jill A. Sprague, General Counsel/Chief Legal Officer  
6.G. Announcement of appointments to the Nominating Committee for the  
selection of President and Vice President of the Board for 2024. (Verbal)  
Presenter:  
President Young  
7.  
CLOSED SESSION/REPORT OUT  
The items for consideration are listed below and will be reported on by the General  
Counsel as necessary at the end of the meeting.  
7.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
- Kendall Tanouye v. Mary Louise Walker, an individual; Alameda Contra Costa Transit District,  
et al., ACSC Case No. RG21113835  
- Johnson v. AC Transit, WCAB Case Nos. ADJ8588291, ADJ11334992, ADJ11315394,  
ADJ12140892, ADJ12140993, ADJ16421158  
7.B. Conference with Legal Counsel – Potential Litigation  
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Two cases)  
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. Conference with Labor Negotiator  
(Government Code Section 54957.6)  
Agency Designated Representatives: Joel Young, Board President and Nelson A. Fialho,  
Executive Director, Renne Public Management Group (RPMG)  
Title: General Manager, General Counsel, District Secretary, Interim General Counsel  
8.  
AGENDA PLANNING  
Directors are limited to two agenda planning requests per meeting. Each item requested shall  
have the concurrence of three Directors, including the requestor.  
8.A. Review of Agenda Planning Pending List and Agenda Planning Request  
Form submitted by Director Walsh.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
9.  
GENERAL MANAGER’S REPORT  
9.A. General Manager’s Report for December 13, 2023.  
10.  
11.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
ADJOURNMENT  
Next Meeting: January 10, 2024 at 5:00 p.m.  
MEETING DISCLOSURES  
Live Audio/Video Stream: Meetings of the Board of Directors are recorded and streamed live on the District’s  
website.  
Public Comment: Live public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover page. Members of the public wishing to present comments in  
person should complete a Speaker’s Form and submit it to the District Secretary at the meeting. For subjects  
not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENT" item on the regular  
meeting agenda. For specific agenda item(s), speakers will be invited to address the Board at the time the item  
is being considered. All speakers, including anyone using simultaneous translation equipment, are allowed two  
(2) minutes to present comments. Speakers using a translator will receive twice the allotted time. Individuals  
wishing to present more detailed information are encouraged to submit comments in writing. Written  
comments are included in the record for meeting(s), and as such, are available for public inspection and may be  
posted to the District’s website.  
Electronic Devices: All electronic devices such as cell phones, smartphones, tablets and similar sounding  
devices, shall be placed on mute, vibrate, or silent mode during Board meetings pursuant to District Ordinance  
No. 12.  
Order of Agenda Items: The Board may discuss any item listed on this agenda and in any order.  
Availability of Agenda-Related Materials: Written agenda-related materials for all open-session regular  
meetings are available to the public 72 hours prior to the meeting or at the time the materials are distributed  
to a majority of the Board. Written materials presented at a meeting by staff or a member of the Board will be  
available to the public at that time, or after the meeting if supplied by an outside party. Agenda-related  
materials are available from the District Secretary’s Office, 1600 Franklin Street, Oakland, California, or on the  
District’s website.  
Accessible Public Meetings/Alternative Formats/Interpreters: Meetings of the Board of Directors are accessible  
to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a  
hearing impairment. Written materials in appropriate alternative formats and disability-related  
modification/accommodations must be made three business days in advance of the meeting or hearing to help  
ensure availability. Subject to availability, sign language, and foreign language interpreters will be provided  
upon request with 72-hour notice. Please direct requests for disability-related modification or accommodation  
and/or interpreter services to Linda A. Nemeroff, District Secretary, 1600 Franklin Street, Oakland, California,  
94612 or call (510) 891 7201. To access a recording of the current agenda by telephone, dial (510) 891 7200. AC  
Transit’s General Offices are accessible by various bus lines serving the intersection of 17th Street and  
BART station is the 19th Street Station in Oakland.  
District Ordinance No. 13 prohibits non service animals at District facilities unless specifically authorized by law.  
To accommodate individuals with severe allergies and environmental illnesses, meeting participants should  
refrain from wearing scented products to the meeting.