ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
AGENDA  
Board of Directors - Regular Meeting  
CLOSED SESSION 4:00 PM for Agenda Items 8A-8E  
HYBRID MEETING  
Refer to Page 2 of Agenda for In-Person Meeting Protocols.  
AC Transit General Offices  
2nd Floor Board Room  
1600 Franklin Street, Oakland, CA 94612  
Phone (669) 900 6833  
Webinar ID: 984 8717 5063  
Zoom link https://actransit.zoom.us/j/98487175063  
Wednesday, November 9, 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 COVID-19, this meeting will be conducted as a hybrid teleconference and in-person  
meeting pursuant to Government Code Section 54953. Members of the public, and staff  
members whose presence is not specifically requested, are encouraged to participate  
remotely.  
Covid-19 Protocols for In-Person Attendance:  
1. Visitors experiencing the following symptoms of COVID-19 may not enter the meeting  
location: • Cough • Chills • Sore Throat • Shortness of Breath • Muscle Pain • Loss of Taste or  
Smell • Fever  
2. Visitors must use the hands-free temperature scanners upon entry. An alert will sound and  
entrance will be prohibited if a temperature is measured at 100.4 or above.  
3. Visitors must show proof of Covid-19 vaccination and masks will be required for all  
visitors.  
Live Public Comment  
Live public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover page. Participants using Zoom should use the “raise  
your hand" feature to indicate they wish to speak on an item. The meeting host will call on  
each speaker when it is their turn to speak. Use the unmute option when you are recognized  
to speak. For participants calling in, dial *9 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, dial  
*6 to unmute yourself. If you decide not to speak, you may dial *9 to "lower your hand".  
Written Public Comment  
Written comment can be submitted directly to the Board BEFORE the meeting starts. Click on  
https://actransit.legistar.com/Calendar.aspx and then click on the “eComment” link for the  
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/video stream is available online at:  
https://actransit.legistar.com/Calendar.aspx [Under the "Audio/Video" column, Click on the "In  
Progress" link. This can only be done 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  
PRESENTATION  
3.A. Consider the adoption of Resolution No. 22-039 expressing heartfelt  
appreciation and best wishes to Elsa Ortiz for 16 years of dedicated  
service as a member of the AC Transit Board of Directors representing  
Ward 3.  
22-528  
Presenter:  
Vice President Joel Young  
4.  
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.  
5.  
6.  
MODIFICATIONS TO THE AGENDA  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
6.A. Consider receiving the FY 2022-23 First Quarter Travel and Meeting  
Expense Report for Directors and Board Officers.  
22-566  
22-575  
22-567  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
6.B. Consider receiving the Accessibility Advisory Committee minutes of  
September 13, 2022.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
6.C. Consider receiving the Quarterly Report on the District’s involvement in  
external planning processes.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
6.D. Consider approving the award of eight (8) contracts for On-Call  
Architectural/Engineering services to Parsons Transportation Group, Inc.;  
Interactive Resources, Inc.; STV, Inc.; Chow Engineering, Inc.; Group 4  
Architecture Research + Planning, Inc.; Kimley-Horn & Associates, Inc.;  
Mott-McDonald Group, Inc.; and West Coast Code Consultants, Inc.  
22-157a  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
6.E.  
6.F.  
Consider approving the award of a fixed price construction contract to  
Electronic Innovations, Inc. of Richmond, California for the installation of  
new entrance and exit security gates and guard shacks at the Oakland  
(D4) Division.  
21-400a  
22-461a  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Consider approving the award of a contract to Messer North America,  
Inc. to engineer, provide, and install hydrogen fueling equipment for the  
Oakland Division 4 Hydrogen Upgrade Project.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
6.G. Consider receiving the Monthly Report on Investments for August 2022.  
22-526  
22-586  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.H. Consider receiving the Quarterly budget update for the period of July  
2022 through the end of September 2022 of FY 2022-23.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.I.  
Consider approving the FY 2023-24 Annual Budget Development Process  
and Calendar.  
22-588  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.J.  
Consider authorizing the General Manager or his designee to file and  
execute applications for the Metropolitan Transportation Commission  
22-582  
22-589  
(MTC) 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  
6.K. Consider authorizing the General Manager, or his designee, to file and  
execute applications and funding agreements, and certifications and  
assurances with the California Transportation Commission for the Senate  
Bill 1 Local Partnership Program (Competitive) to secure funding for bus  
purchases.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.L.  
Consider approving minor amendments to Board Policy 314 Capital Plan  
and Projects Policy.  
22-596  
22-602  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.M. Consider authorizing the General Manager or his designee to file and  
execute applications for the Federal Highway Administration (FHWA) FY  
2022 Strengthening Mobility and Revolutionizing Transportation  
(SMART) grant for the Transfer Connection Protection Project.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.N. Consider authorizing the General Manager to enter into an extension of  
the Dumbarton Bridge Regional Operations Consortium (DBROC)  
Cooperative Agreement from January 1, 2023 to June 30, 2023, in  
conjunction with the proposed six-month extension of the service  
contract.  
11-256p  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
6.O. Consider authorizing the General Manager to enter into an extension of  
the contract with MV Transportation to operate the Dumbarton Express  
service for the period of January 1, 2023 to June 30, 2023.  
11-256o  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
6.P. Consider receiving a report on the District’s planned service changes  
associated with the December 2022 Sign-up.  
22-548  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
6.Q. Consider authorizing the General Manager to execute a one-year  
extension of the lease with tenant JAFEC USA LLC for the Newark  
warehouse.  
21-563a  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
6.R. Consider review of Board Policy 232 - Attendance Policy with no  
recommended amendments  
22-521  
22-551  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
6.S.  
6.T.  
Consider receiving the Monthly Legislative Report.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
Consider the adoption of AC Transit’s 2023 Federal and State Advocacy  
Programs.  
22-466a  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
6.U. Consider receiving the Customer Services Department Quarterly Update.  
22-569  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
6.V. Consider authorizing the General Manager to extend contract 2014-1288  
between AC Transit and IBI Group for an additional twenty-four (24)  
months starting January 1, 2023 and ending by December 31, 2024, for  
support during completion of the Computer Aided Dispatch/Automated  
Vehicle Location project; and to approve tasking the IBI Group with  
preparing a radio system replacement assessment report.  
13-326d  
Staff Contact:  
Ahsan Baig, Chief Information Officer  
6.W. Consider receiving the Disadvantaged Business Enterprise (DBE)  
Semi-Annual Payment Report for the period of April 1, 2022 through  
September 30, 2022.  
22-587  
Staff Contact:  
Lynette Little, Director of Civil Rights & Compliance  
7.  
REGULAR CALENDAR  
Finance and Audit Items - Chair Shaw  
7.A. Consider receiving a report on the possible actions District staff can take  
to expedite payment to small, local and disadvantaged businesses.  
[Requested by President Ortiz - 9/14/2022]  
22-564  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Lynette Little, Director of Civil Rights & Compliance  
Planning Items - Chair Beckles  
7.B. Receive an update on the Transit Shelter Contract liability, ownership,  
and local jurisdiction conversations and determine whether to take  
ownership of transit shelters in locations where the local jurisdiction  
under the Joint Powers Agreement (JPA) is unwilling.  
18-211i  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning and Engineering  
Operations Items - Chair Young  
7.C. Consider receiving an audit report regarding the current Contra Costa  
Sheriff’s contract; and consider exercising two 1-year options, contained  
in the current contract, to extend the agreement through December 31,  
2024. [Requested by Director Beckles - 6/23/21]  
22-571  
Staff Contacts:  
Chris Andrichak, Chief Financial Officer  
Alan Parello, Manager of Internal Audit  
7.D. Consider receiving a report on the District’s Diversity, Equity, Inclusion  
and Accessibility (DEIA) efforts. [Requested by President Ortiz -  
4/13/2022]  
22-601  
Staff Contact:  
Jill A. Sprague, General Counsel/Chief Legal Officer  
7.E.  
Consider receiving requested information concerning past and future  
classification specifications and their fiscal impact and consider adoption  
of Resolution No. 22-042 approving the new classification of Manager of  
Business Analytics, the revised classification specification of Manager of  
Media Affairs and Strategic Initiatives and the abolishing of Manager of  
System Analysis.  
22-485a  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
Board Administrative Matters - President Ortiz  
7.F. Consider approving amendments to Board Policy 160 - Board Officers:  
22-595  
22-545  
Performance Evaluations, Employment Agreements, and Leave  
Notification.  
Presenter:  
Murphy McCalley, Chair, Board Officer Evaluation & Compensation  
Committee  
7.G. Consider adopting the 2023 regular Board meeting schedule taking into  
consideration the District’s holiday schedule and any days requested by  
Directors to be included in the holiday schedule; and reschedule regular  
meetings if necessary.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
7.H. Consider adoption of Resolution No. 22-044 reappointing Jeffrey Lewis  
and Davis Reimer as the two public members to the AC Transit  
Retirement Board and Chief Financial Officer Chris Andrichak as the  
non-ATU member on the Retirement Board each for a two-year term  
expiring on March 31, 2025, or provide direction to staff on how to  
proceed with making appointments.  
22-585  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
7.I.  
Announcement of appointments to the Nominating Committee for the  
selection of an Interim President, and if necessary, Interim Vice  
President of the Board; and schedule a special meeting to consider  
nominations. (Verbal)  
22-584  
Presenter:  
President Ortiz  
8.  
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.  
8.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
Turner v. AC Transit, WCAB Case No. ADJ10255110  
8.B. Conference with Legal Counsel – Potential Litigation (Two Cases)  
(Government Code Section 54956.9(b))  
8.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  
8.D. Public Employee Performance Evaluation  
(Government Code Section 54957)  
Title: General Manager, General Counsel, District Secretary  
8.E. Threat to Public Services or Facilities  
(Government Code Section 54957(a)):  
Consultation with: Kerry Jackson, Protective Services Manager and Salvador Llamas, Chief  
Operating Officer.  
9.  
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.  
9.A. Review of Agenda Planning Pending List.  
GENERAL MANAGER’S REPORT  
22-065s  
22-041s  
10.  
10.A. General Manager’s Report for November 9, 2022.  
11.  
12.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
ADJOURNMENT  
Next Meeting: December 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  
District's website at https://actransit.legistar.com/Calendar.aspx. Please see page 1 of the agenda for further  
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.