ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
AGENDA  
Board of Directors - Regular Meeting  
CLOSED SESSION 4:15 PM for Agenda Items 7A-7D  
VIRTUAL MEETING  
Phone (669) 900 6833  
Webinar ID: 984 8717 5063  
Wednesday, August 10, 2022 at 5:00 PM  
MEMBERS OF THE BOARD OF DIRECTORS  
ELSA ORTIZ, PRESIDENT (WARD 3)  
JOEL YOUNG, VICE PRESIDENT (AT-LARGE)  
JOVANKA BECKLES (WARD 1)  
JEAN WALSH (WARD 2)  
MURPHY MCCALLEY (WARD 4)  
DIANE SHAW (WARD 5)  
H. E. CHRISTIAN PEEPLES (AT-LARGE)  
BOARD OFFICERS  
MICHAEL A. HURSH, GENERAL MANAGER  
JILL A. SPRAGUE, GENERAL COUNSEL  
LINDA A. NEMEROFF, DISTRICT SECRETARY  
Advisory for Virtual Public Meetings  
Due to the COVID-19 pandemic and pursuant to the Brown Act, the Board of Directors of the  
Alameda-Contra Costa Transit District and all advisory, oversight, and inter-agency liaison  
committees are authorized to hold remote teleconference meetings and no locations for the  
public are required to be provided or noticed in the meeting agenda. The public can access the  
meeting via a call-in option or an internet-based service option as listed below and the agenda  
for this remote meeting provides an opportunity for members of the public to directly address  
the body in real time. No action shall be taken during a disruption that would prevent  
members of the public from offering public comments using the call-in or internet-based  
option. Remote meetings shall be reconsidered every thirty days.  
Public Participation and Public Comments  
To access the Board of Directors meeting by video conference click or paste this Zoom link into  
the "raise your hand" feature in Zoom to indicate that you wish to speak on an item. You will  
be muted upon joining the meeting and unmuted by the meeting host when it is your turn to  
speak. The comment time is limited to 2 minutes per speaker.  
To dial into the meeting from your telephone, call: (669) 900 6833 Webinar ID: 984 8717 5063.  
The telephone number and Webinar ID may change from meeting to meeting.  
If you dialed in and wish to speak on an agenda item, dial *9 (star nine) to “raise your hand”  
when the agenda item is called. When you are called to speak by the last 4 digits of your phone  
number or by name, the host will unmute you. If you decide not to speak, you may dial *9 to  
"lower your hand".  
Written Public Comments  
To send a written comment directly to the Board BEFORE the meeting starts, please click on  
corresponding meeting. Please note that eComment submissions close at 4:30 p.m. prior to  
the start of the meeting.  
Written comments can also be emailed to myvoice@actransit.org. Please indicate the agenda  
item number in the subject of the email. Email submissions must be received by 3:00 p.m.  
prior to the start of the meeting.  
For the members of the public who only wish to listen to the Board of Directors meeting (and  
not provide comment), a live audio stream (no video) is available online at:  
Progress" link. This can only be done while streaming.]  
Note: AC Transit does not provide technical support to users accessing the meeting by  
telephone/Zoom.  
1.  
2.  
3.  
CALL TO ORDER  
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 minutes of July 27, 2022.  
Staff Contact: Linda Nemeroff, 891-7284  
5.B. Consider receiving the Accessibility Advisory Committee minutes of June  
14, 2022.  
Staff Contact: Ramakrishna Pochiraju, 891-5448  
5.C. Consider the adoption of Resolution No. 22-030 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  
September 9, 2022.  
Staff Contact: Linda Nemeroff, 891-7284  
5.D. Consider receiving the FY 2021-22 Fourth Quarter Travel and Meeting  
Expense Report for Directors and Board Officers.  
Staff Contact: Linda Nemeroff, 891-7284  
5.E.  
Consider the adoption of Resolution No. 22-029 establishing the  
Appropriations Limit for Fiscal Year 2022-23 at $625,563,311.  
Staff Contact: Chris Andrichak, 891-4855  
5.F.  
Consider adoption of Resolution No. 22-032 authorizing the General  
Manager or his designee to file and execute applications with the  
Metropolitan Transportation Commission (MTC) for MTC’s FY2022  
Transit Capital Priorities (TCP) Zero-Emission Bus (ZEB) Infrastructure  
Set-Aside Program, including Federal Transit Administration (FTA)  
Sections 5307 funds, to fund the Hydrogen Fueling Infrastructure project  
at Division 6 in Hayward.  
Staff Contact: Chris Andrichak, 891-4855  
5.G. Consider receiving the Quarterly Report on the District’s involvement in  
external planning processes.  
Staff Contact: Ramakrishna Pochiraju, 891-5448  
5.H. Consider authorizing the General Manager to enter into a one-year  
agreement with two (2) one-year options with Service Wear Apparel.  
Staff Contact: Salvador Llamas, 891-7215  
5.I.  
Consider authorizing the General Manager to negotiate and execute the  
2022 Clipper Amended and Restated Memorandum of Understanding  
with the Metropolitan Transportation Commission for the Next  
Generation Clipper C2 program.  
Staff Contact: Ahsan Baig, 891-5490  
6.  
REGULAR CALENDAR  
External Affairs Items - Chair Peeples  
6.A. Consider receiving the Monthly Legislative Report and approval of  
legislative positions, if necessary.  
Staff Contact: Beverly Greene, 891-7255  
6.B. Consider receiving the FY 2021-2022 Fourth Quarter Report of the  
External Affairs, Marketing, and Communications Department for April,  
May, June of 2022.  
Staff Contact: Beverly Greene, 891-7255  
Planning Items - Chair Beckles  
6.C. Receive an update on transit shelter contracting scenarios, associated  
cost estimates, and local jurisdiction contributions and consider  
approving the following:  
·
Contracting transit shelter maintenance with a third-party contractor  
and retaining ownership of shelters, with potential funding from local  
jurisdictions.  
·
Issuance of a solicitation for shelter maintenance services.  
Staff Contact: Ramakrishna Pochiraju, 891-5448  
Operations Items - Chair Young  
6.D. Presentation on protective services provided by the Alameda and Contra  
Costa County Sheriff’s Offices.  
Staff Contact: Salvador Llamas, 891-7215  
6.E.  
6.F  
Consider receiving a briefing on Service Operated Public Key  
Performance Indicators (KPI). [Requested by Director Peeples -  
2/12/2020, Director Walsh - 3/9/2022, and Director Shaw - 5/11/2022]  
Staff Contact: Salvador Llamas, 891-7215  
Consider receiving the Quarterly Operations Performance Report for AC  
Transit Fixed Route Services during the Fourth Quarter of Fiscal Year  
2022.  
Staff Contact: Salvador Llamas, 891-7215  
Board Administrative Matters - President Ortiz  
6.G. Consider adoption of Resolution No. 22-031 appointing a new member  
to a three-year term on the Alameda-Contra Costa Transit District Parcel  
Tax Fiscal Oversight Committee commencing on September 1, 2022.  
Staff Contact: Linda Nemeroff, 891-7284  
6.H. Consider the adoption of Resolution No. 22-033 approving the revised  
classifications of General Manager/Chief Executive Officer, General  
Counsel/Chief Legal Officer, and Board Administrative Officer/District  
Secretary [Requested by President Ortiz - 6/22/22].  
Staff Contact: Sebron Flenaugh III, 891-5467  
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))  
Darlene Nusom v. AC Transit, WCAB Case Nos. ADJ8137572, ADJ7708020  
Quarterly Litigation Report:  
Hartway v. AC Transit, et al., ACSC No. 22CV011482;  
Galpern v. AC Transit, U.S. District Court (No.Cal.Dist.), No. 20-cv-02572-TSH;  
White v. AC Transit, U.S. District Court (No.Cal.Dist.), No. 20-cv-03804-TSH;  
Dollene Jones v. AC Transit Retirement Board, et al., ACSC No. RG20-050706;  
Ayala v. AC Transit, ACSC No. RG21-112614; and  
Claims of White (22-AL00041) and Bernandino (21-AL00197).  
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  
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  
Forms.  
9.  
GENERAL MANAGER’S REPORT  
9.A. General Manager’s Report for August 10, 2022.  
10.  
11.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
ADJOURNMENT  
Next Meeting: September 14, 2022 at 5:00 p.m.  
MEETING DISCLOSURES  
Public Comment: For subjects not listed on this agenda, the public will be invited to speak under the "PUBLIC  
COMMENTS" section of 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 on the District’s website or by contacting the District Secretary’s Office.  
Wheelchair Access and Assistive Listening Devices: Due to existing shelter-in-place orders related to the spread  
of the Coronavirus, in-person public meetings are prohibited. Meetings can be accessed by telephone or Zoom  
video conference. A live audio stream of the meeting and an archive of past meetings can be accessed via the  
details.  
Alternative Formats/Interpreters: Written materials in appropriate alternative formats or disability related  
modification/accommodation must be made three business days in advance of the meeting 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.  
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.