ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
MINUTES  
Board of Directors - Regular Meeting  
CLOSED SESSION 3:15 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, May 24, 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  
1.  
CALL TO ORDER  
The Alameda-Contra Costa Board of Directors held a meeting on Wednesday, May 24, 2023, at  
5:00 p.m.  
The meeting was called to order at 2:00 p.m. for the purpose of Closed Session. All Board  
members were present, with the exception of Director Walsh who arrived at 3:14 p.m. and  
Director Beckles who was absent. The Board convened in Closed Session to discuss Items 8A-  
8D as listed on the agenda. Closed Session concluded at 3:31 p.m.  
President Young called the Board of Directors meeting to order at 5:02 p.m.  
2.  
3.  
ROLL CALL  
Present:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
PRESENTATION  
3.A. May Revise and Legislative Update.  
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Presenter:  
Steve Wallauch, Platinum Advisors  
Steve Wallach of Platinum Advisors provided an update on state legislative activities  
related to the state transportation budget and upcoming transit legislation. There were  
no public comments offered.  
This item was presented for information only.  
4.  
PUBLIC COMMENT  
Ms. Fowles requested that Line 80 be fully restored and presented a way to fund it.  
Jason asked if AC Transit would expand the ClipperStart Program to a 50% discount like Muni.  
5.  
6.  
MODIFICATIONS TO THE AGENDA  
There were no modifications to the agenda.  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
MOTION: PEEPLES/McCALLEY to receive or approve the items on the Consent Calendar as  
indicated except for Items 6.C. and 6.G., which were pulled off the Consent Calendar by  
Director McCalley; Item 6.D., which was pulled off the Consent Calendar by Director Walsh;  
Item 6.F., which was pulled off the Consent Calendar by Director Peeples; and Item 6.H., which  
was pulled off the Consent Calendar by Director Shaw, for further discussion. The motion  
carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.A. Consider approving Board of Directors minutes of May 10, 2023.  
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Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/McCALLEY to approve the Board of Directors minutes of May 10,  
2023. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.B. Consider receiving the FY 2022-23 Third Quarter Travel and Meeting  
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Expense Report for Directors and Board Officers.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
MOTION: PEEPLES/McCALLEY to receive the FY 2022-23 Third Quarter Travel and  
Meeting Expense Report for Directors and Board Officers. The motion carried by the  
following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.C. Consider approving amendments to Board Policy 702 - Conflicts of  
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Interest and Standards for Ethical Conduct.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
Jill A. Sprague, General Counsel/Chief Legal Officer  
Item 6.C. was pulled off the Consent Calendar by Director McCalley for clarification of  
language added concerning the applicability of the Lavine Act. Chief Legal Officer Jill  
Sprague clarified the reasons for the amended language in the policy. Director McCalley  
suggested that the subsection J.1. clarify that the Board President is responsible for  
notifying a Board Officer when issues arise concerning their conduct.  
MOTION: PEEPLES/McCALLEY to approve the amendments to Board Policy 702 -  
Conflicts of Interest and Standards for Ethical Conduct with the inclusion of the  
amendment suggested by Director McCalley. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.D. Consider receiving the Quarterly Report on the District’s involvement  
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in external planning processes.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Item 6.D. was pulled off the Consent Calendar by Director Walsh for clarification as to  
why the International Boulevard Project was omitted from the staff report. Senior  
Transportation Planner Nathan Landau and Director of Service Development and  
Planning Robert del Rosario reported that the International Boulevard Project was led  
by another agency and, therefore, was not be included in the report.  
MOTION: PEEPLES/McCALLEY to receive the Quarterly Report on the District’s  
involvement in external planning processes. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.E. Consider receiving the Monthly Report on Investments for March  
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2023.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
MOTION: PEEPLES/McCALLEY to receive the Monthly Report on Investments for March  
2023. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.F. Consider authorizing solicitations for on-site power generation  
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facilities to support AC Transit’s operating divisions.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Item 6.F. was pulled off the Consent Calendar by Director Peeples for clarification  
regarding the sources of power related to on-site power generation. Executive Director  
of Planning & Engineering Ramakrishna Pochiraju and Director of Capital Projects Joe  
Calloway reported that this matter is an open-ended Request for Proposals which  
would allow the District to review then decide the best path forward.  
MOTION: PEEPLES/McCALLEY to authorize solicitations for on-site power generation  
facilities to support AC Transit’s operating divisions. The motion carried by the following  
vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.G. Consider authorizing the General Manager to exercise the second  
one-year option to extend the general banking services contract with  
Bank of America from June 1, 2023, through May 31, 2024.  
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Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Item 6.G. was pulled off the Consent Calendar by Director McCalley to announce that  
he was recusing himself from participation in the item on the grounds that he has stock  
in Bank of America. Director McCalley then left the dais and returned after the item  
concluded.  
MOTION: PEEPLES/SHAW to authorize the General Manager to exercise the second  
one-year option to extend the general banking services contract with Bank of America  
from June 1, 2023, through May 31, 2024. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, PEEPLES  
Recused: McCALLEY  
6.H. Consider receiving the Disadvantaged Business Enterprise (DBE)  
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Semi-Annual Payment Report for the period of October 1, 2022  
through March 31, 2023.  
Staff Contact:  
Lynette Little, Director of Civil Rights & Compliance  
Item 6.H. was pulled off the Consent Calendar by Director Shaw for clarification about  
plans for mitigating the challenges to achieve the stated Disadvantaged Business  
Enterprise (DBE) goals. Program Manager for Contracts Compliance Phillip Halley  
reported that the District is expanding it outreach efforts with other peer agencies in  
the region as well as outreach to small businesses and DBE firms.  
MOTION: SHAW/PEEPLES to receive the Disadvantaged Business Enterprise (DBE)  
Semi-Annual Payment Report for the period of October 1, 2022 through March 31,  
2023. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.  
REGULAR CALENDAR  
External Affairs Items - Chair Peeples  
7.A. Consider receiving a report on customer service metrics for the Third  
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Quarter of Fiscal Year 2022-23.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
Marketing and Communications Director Nichelle Laynes presented the Staff Report.  
There were no public comments offered.  
MOTION: YOUNG/SHAW to receive a report on customer service metrics for the Third  
Quarter of Fiscal Year 2022-23. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.B. Consider receiving the Monthly Legislative Report and approve  
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legislative positions.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
External Affairs Representative Steven Jones presented the Staff Report. There were  
no public comments offered.  
MOTION: YOUNG/McCALLEY to receive the Monthly Legislative Report and approve  
legislative positions. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.C. Consider directing the District Secretary to conduct a recruitment to  
fill a vacancy on the Parcel Tax Fiscal Oversight Committee for the  
remainder of a three-year term expiring on August 31, 2025, or to fill  
the vacancy by the direct appointment of a qualified candidate.  
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Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
Assistant District Secretary Jelena Harada presented the Staff Report. There were no  
public comments offered.  
MOTION: YOUNG/McCALLEY to direct the District Secretary to fill the vacancy on the  
Parcel Tax Fiscal Oversight Committee by the direct appointment of a qualified  
candidate and that Board members provide names (of potential candidates) to the  
District Secretary by June 2, 2023. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Finance and Audit Items - Chair McCalley  
7.D. Consider approving amendments to Board Policy 333 - Fare Policy  
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Goals and Methodology.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Chief Financial Officer Chris Andrichak presented the staff report. Director McCalley  
suggested a minor amendment to the policy to add the word "age" to the definition of  
the word "Youth".  
MOTION: YOUNG/PEEPLES to approve amendments to Board Policy 333 - Fare Policy  
Goals and Methodology, with an additional amendment to add the word "age" to the  
definition of the word "Youth". The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.E. Consider receiving a report on the Proposed FY 2023-24 Operating and  
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Capital Budgets.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Director of Management and Budget Richard Oslund presented the staff report. There  
was no public comment offered.  
MOTION: YOUNG/PEEPLES to receive a report on the Proposed FY 2023-24 Operating  
and Capital Budgets. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Planning Items - Chair Syed  
7.F. Consider receiving a progress report on the development of the  
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District-Wide Project Labor Agreement. (PLA)  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Director of Bus Rapid Transit David Wilkins presented the staff report.  
Public Comment:  
Eric Christian offered the opinion that a PLA would hurt small and minority owned  
businesses, stating that the vast majority of construction firms in the United States and  
in California were non-union.  
MOTION: YOUNG/BECKLES to receive a progress report on the development of the  
District-Wide Project Labor Agreement. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.G. Consider receiving an update on progress, next steps, and upcoming  
engagement opportunities associated with Realign - the District’s  
system-wide service planning effort.  
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Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
Senior Transportation Planner David Berman and External Affairs Representative Diann  
Castleberry presented the staff report.  
Public Comment:  
Ms. Fowles pointed out the lack of outreach to several community groups and  
questioned staff's efforts to reach a broad cross-section of the community.  
MOTION: YOUNG/BECKLES to receive an update on progress, next steps, and upcoming  
engagement opportunities associated with Realign - the District’s system-wide service  
planning effort. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
Operations Items - Chair Shaw  
7.H. Consider receiving the Quarterly Operations Performance Report for  
AC Transit Fixed Route Services during the Third Quarter of Fiscal Year  
22-23.  
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Staff Contact:  
Salvador Llamas, Chief Operating Officer  
Director of Transportation Dwain Crawley presented the staff report. There was no  
public comment offered.  
MOTION: YOUNG/PEEPLES to receive the Quarterly Operations Performance Report for  
AC Transit Fixed Route Services during the Third Quarter of Fiscal Year 22-23. The  
motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.I.  
Consider receiving the Protective Services Report for the Third Quarter  
of FY 22-23.  
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Staff Contact:  
Salvador Llamas, Chief Operating Officer  
Protective Services Manager Kerry Jackson presented the staff report. There was no  
public comment offered.  
MOTION: YOUNG/PEEPLES to receive the Protective Services Report for the Third  
Quarter of FY 22-23. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
8.  
CLOSED SESSION/REPORT OUT  
General Counsel Jill Sprague reported out on the following:  
MOTION: PEEPLES/MCCALLEY to approve settlement in the amount of $250,000 in the matter  
of Jackson v. AC Transit, Alameda County Superior Court Case No. RG18890256. The motion  
carried by the following vote:  
AYES: PEEPLES, MCCALLEY, WALSH, SYED, SHAW, YOUNG  
ABSENT: BECKLES  
8.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
Jackson v. AC Transit, Alameda County Superior Court Case No. RG18890256  
8.B. Conference with Legal Counsel – Potential Litigation  
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (2 Cases)  
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  
9.  
AGENDA PLANNING  
9.A. Review of Agenda Planning Pending List and Agenda Planning Request  
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Forms.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
There were no new items added to Agenda Planning.  
10.  
11.  
GENERAL MANAGER’S REPORT  
10.A. General Manager’s Report for May 24, 2023.  
The report was presented for information only.  
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BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
Members of the Board commented on meetings, conferences, and events attended since the  
last Board meeting. Director Walsh reported on travel to the National Association of City  
Transportation Officials 2023 Designing Cities conference in Denver, Colorado.  
12.  
ADJOURNMENT  
There being no further business to come before the Board of Directors, the meeting adjourned  
at 7:58 p.m. The next meeting of the Board is scheduled for June 14, 2023 at 5:00 p.m.  
Respectfully submitted,  
/s/  
Linda A. Nemeroff  
Board Administrative Officer/District Secretary