ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
MINUTES  
Board of Directors - Regular Meeting  
CLOSED SESSION 4:15 PM for Agenda Items 9A-9C  
PUBLIC HEARING 6:00 pm for Agenda Item 7A  
VIRTUAL MEETING  
Phone (669) 900 6833  
Webinar ID: 984 8717 5063  
Wednesday, February 9, 2022 at 5:00 PM  
https://bit.ly/3BjYpwf  
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)  
VACANT (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  
1.  
CALL TO ORDER  
The Alameda-Contra Costa Transit District Board of Directors held a meeting on Wednesday,  
February 9, 2022, at 5:03 p.m.  
The meeting was called to order at 4:01 p.m. for the purpose of Closed Session. All Board  
members were present. The Board convened in Closed Session to discuss Items 7A-7D as listed  
on the agenda. Closed Session concluded at 4:50 p.m.  
President Ortiz called the Board of Directors meeting to order at 5:02 p.m.  
2.  
ROLL CALL  
Present:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
At the start of the meeting, President Ortiz announced that Director Mark Williams had  
resigned from the Board effective immediately. President Ortiz acknowledged Director  
Williams' 11 years of service on the Board as well as his energy in championing for workers, the  
environment, disadvantaged businesses and equity for seniors and people who depended on  
transit the most. President Ortiz further announced that a report would be forthcoming on  
the process the Board would utilize to fill the vacancy in Ward 4. Member of the Board  
expressed appreciation to Director Williams for his many years of service and wished him well.  
3.  
PUBLIC COMMENT  
[Written comment received prior to the meeting is incorporated hereto as Exhibit A.]  
Tate Baugh commented on discontinued weekend and holiday bus service on several bus lines  
and requested that these bus lines resume weekend and holiday service. Baugh named three  
lines in particular: the bus route serving the Coliseum BART station to the Oakland Zoo, the bus  
route serving Fruitvale BART station to Chabot Science Center; the line 65 route serving the  
Downtown Berkeley BART station to Lawrence Hall of Science.  
Eduardo Sanchez, D3 Facilities Mechanic, presented notes and comments about the  
ineffectiveness of the Covid-19 vaccine and the AC Transit Covid-19 vaccination mandate.  
John Minot, East Bay Transit Riders Union, urged the AC Transit Board and management to  
increase its efforts to revitalize transit ridership using all available resources, such as American  
Rescue Plan (ARP) funds and develop creative hiring strategies to improve bus operator  
recruitment. Minot noted that continued operations with the current short staff levels is  
detrimental to the community.  
Connie McFarland expressed concern with the District’s challenge to retain and hire bus  
operators and offered ideas to improve operator retention such as employee work-life balance  
and a more balanced spread adjustment of operator time while on district property. McFarland  
added that bus operators cannot physically sustain excessive hours behind the wheel of a bus.  
Scott McCutcheon, Maintenance Trainer, expressed concerns and views about the vaccination  
mandate and requested the Board rescind it. McCutcheon noted that no employee should be  
faced with a choice to be vaccinated or terminated.  
Sultana Adams, D3 Operator, commented on vaccination mandate compliance issues faced by  
union members, such as employees scheduled for Covid-19 vaccination or booster but, after  
contracting Covid-19, are then faced with a delay to be vaccinated. Adams added that  
employees have faced challenges receiving the vaccination guidelines and exemptions forms,  
which slowed the ability to comply with the vaccine mandate. Adams noted that many of these  
issues could have been worked out if the negotiations between the union and management  
were not rushed.  
Troy Blake expressed support for the Board Members who previously voted against the  
vaccine mandate. Blake described the reasons for disagreeing with the District vaccine  
mandate and that its implementation, which can result in termination with non-compliance,  
are unfair. Blake noted that the District is not acting with enough information concerning the  
vaccine mandate because mass media hasn’t reported facts about vaccination and safety  
adequately. The Board was requested to end the vaccine mandate and implement a testing  
option.  
4.  
5.  
MODIFICATIONS TO THE AGENDA  
There were no modifications to the agenda.  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
There was no comment offered on the Consent Calendar.  
MOTION: SHAW/YOUNG to receive, approve, or adopt the items on the Consent Calendar as  
indicated. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.A. Consider receiving Retirement Board minutes of December 16, 2021.  
22-136  
MOTION: SHAW/YOUNG to receive the Retirement Board minutes of December 16,  
2021. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.B. Consider receiving the Accessibility Advisory Committee minutes of  
22-110  
December 14, 2021.  
MOTION: SHAW/YOUNG to receive the Accessibility Advisory Committee minutes of  
December 14, 2021. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.C. Consider the adoption of Resolution No. 22-006 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  
March 11, 2022.  
21-053f  
MOTION: SHAW/YOUNG to adopt Resolution No. 22-006 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  
March 11, 2022. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.D. Consider authorizing the General Manager to execute an Operations  
Agreement with the California Department of Transportation for  
operations and maintenance of transit signal priority (TSP) system.  
22-038  
MOTION: SHAW/YOUNG to approve authorizing the General Manager to execute an  
Operations Agreement with the California Department of Transportation for operations  
and maintenance of transit signal priority (TSP) system. The motion carried by the  
following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.E. Consider approving the award of a three-year contract with two  
one-year options to Clever Devices to purchase, install, and support  
Automatic Passenger Counter (APC) equipment and analytics software.  
21-016a  
MOTION: SHAW/YOUNG to approve the award of a three-year contract with two  
one-year options to Clever Devices to purchase, install, and support Automatic  
Passenger Counter (APC) equipment and analytics software. The motion carried by the  
following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.F. Consider authorizing the General Manager to issue an Invitation For  
Bid (IFB) for Construction Services associated with the Quick Build  
Project.  
22-107  
MOTION: SHAW/YOUNG to approve authorizing the General Manager to issue an  
Invitation For Bid (IFB) for Construction Services associated with the Quick Build Project.  
The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.G. Consider receiving a report on the District’s planned service changes  
22-026  
associated with the March 2022 Sign-up.  
MOTION: SHAW/YOUNG to receive a report on the District’s planned service changes  
associated with the March 2022 Sign-up. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.H. Consider authorizing staff to set and hold a Public Hearing in spring  
2022 regarding the authorization of an additional year-long pilot  
period for the Line 60 and Line 78 pilot services.  
22-140  
MOTION: SHAW/YOUNG to approve the authorization of staff to set and hold a Public  
Hearing in spring 2022 regarding the authorization of an additional year-long pilot  
period for the Line 60 and Line 78 pilot services. The motion carried by the following  
vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.I.  
Consider receiving the Quarterly Report on the District’s involvement  
in external planning processes.  
22-024  
MOTION: SHAW/YOUNG to receive the Quarterly Report on the District’s involvement  
in external planning processes. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
5.J.  
Consider receiving a report on the State of the District’s Bus Fleet for  
AC Transit Fixed Route Services.  
22-063  
MOTION: SHAW/YOUNG to receive a report on the State of the District’s Bus Fleet for  
AC Transit Fixed Route Services. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
6.  
REGULAR CALENDAR  
External Affairs Items - Chair Peeples  
6.A. Consider receiving feedback from the Board on initial Redistricting  
Plans and set Public Hearings on March 9, 2022 and March 23, 2022 at  
6:00 p.m. to receive public input regarding the adoption of a final  
redistricting plan.  
21-029d  
District Secretary Linda Nemeroff presented the staff report.  
Public Comment:  
There were no comments offered.  
Board Discussion:  
Ms. Nemeroff responded to questions regarding the formal nature of public hearings in  
response to a question from Director Walsh. No additional feedback was provided  
from the Board.  
MOTION: SHAW/YOUNG to receive report and set Public Hearings on March 9, 2022  
and March 23, 2022 at 6:00 p.m. to receive public input regarding the adoption of a  
final redistricting plan. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
Finance and Audit Items - Chair Shaw  
6.B. Consider authorizing the General Manager to execute an agreement  
with City of Alameda for an Affordable Senior/Disabled Transit Pass  
Three-Year Pilot Program.  
22-130  
Director of Marketing and Communications Nichele Laynes presented the staff report.  
Public Comment:  
No comment was offered.  
Board Discussion:  
Vice President Young asked why a pay-per-ride model was being used for the program  
versus a monthly pass. Ms. Laynes reported that the price of a monthly pass is a flat fee  
that is charged regardless of whether someone rides the bus, whereas a pay-per-ride  
model would be more cost effective and would allow more seniors and people with  
disabilities to utilize the program and thus make the dollars available for the program  
to go farther. She added that a similar model was used for the Alameda County  
Transportation Commission’s free student pass program.  
Director Walsh was complimentary of the program, but wanted to know if it was a  
program staff would like to roll out to other cities given the number of programs the  
District already has. She also wanted to know where the resources would come from to  
manage the program and how staff would know whether the program was a success.  
Ms. Laynes advised that staff would have access to Clipper data and use the ridership  
and boarding data to evaluate the success of the program. Ms. Laynes further clarified  
that this is not an AC Transit program - it is a city program. Director Walsh further  
wanted to know if other cities are interested in this type of bulk pass program for riders  
who are not eligible for EasyPass. Direct Walsh requested that staff report back in a  
year on the effectiveness of the program and whether the program performed as staff  
thought it would. Ms. Laynes agreed to report back.  
Director Shaw asked if the program would require any additional service commitment,  
to which Ms. Laynes advised that it would not, saying that the program was 100%  
city-funded. Director Shaw expressed concern that the number of staff hours appeared  
understated and asked if riders would need new Clipper cards for use in this program.  
Ms. Laynes reported that a new card would be required.  
Gayle Paine with the City of Alameda thanked AC Transit staff and President Ortiz and  
Director Peeples for their efforts to work with the city to develop the program. She  
also reported that the city has a staff member committed to working on the program  
and that Measure BB Paratransit funds were being used to fund the program.  
MOTION: ORTIZ/BECKLES to authorize the General Manager to execute an agreement  
with City of Alameda for an Affordable Senior/Disabled Transit Pass Three-Year Pilot  
Program. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
Planning Items - Chair Beckles  
6.C. Consider providing feedback on the draft Strategic Plan Addendum.  
Staff Contact: Ramakrishna Pochiraju, 891-5448  
21-372a  
Director of Service Development and Planning Robert del Rosario made a presentation.  
Public Comment:  
Lydia Alder Wade, Dispatcher, commented that switching from a vaccine mandate to a  
testing mandate and offering hiring incentives to attract and retain job seekers would  
be a help toward the strategic plan.  
Board Discussion:  
Vice President Young commented on the staff's statement in the Strategic Plan  
Addendum (page 4) about the low cost-efficiency of the demand-response service, such  
as on-demand Flex Service. Vice President Young wanted to know if staff had chosen  
not to evaluate on-demand service in the future. Mr. del Rosario advised that such  
service is currently a low priority; however, there could be some applications where  
demand-response service could be affordable and could be strategically implemented  
in some geographical zones. He added that in terms of productivity, the  
demand-response service would not be a viable option at the moment.  
Vice President Young commented on staff's increased concern over local jurisdiction  
coordination and asked for clarification about staff's position with other jurisdictions.  
Mr. del Rosario explained that local jurisdictions have their own priorities based on  
their budget and needs and that AC Transit's service design is coordinated with local  
jurisdictions. However, on an example of multi-modal transportation efforts in the area,  
Mr. del Rosario explained that conflicting needs might occur between cities and AC  
Transit in some situations. He further added that, occasionally, agencies compete for  
the same funding sources and prioritize transit projects differently, which subsequently  
affects AC Transit.  
Vice President Young commented on the rapidly aging population as stated in the  
report and asked what the expected demand and impact on paratransit services is. Mr.  
del Rosario did not have data to offer but advised that staff could present a calculation  
in the future.  
President Ortiz was pleased to see that the Addendum included a new goal to prioritize  
equity.  
Director Shaw commented supporting the proposed strategic addenda and was pleased  
to see that goals are focused on the customer. Director Shaw further commented on AC  
Transit Transbay fares being higher than those of BART and asked if staff plans to revisit  
the fares or relinquish the ridership to BART. Mr. del Rosario responded that staff is  
considering all options, including looking at the fares and connections with BART. Mr.  
del Rosario acknowledged the complexity of the fare structure and explained that staff  
would need to consider multiple factors, such as the Board's desire, the riders, the Fare  
Coordination and Integration Study, and fare equity.  
Director Shaw asked about low-car ownership data and how it is prioritized in the  
service review process. Mr. del Rosario explained that even prior to the pandemic, car  
ownership steadily increased and experienced an uptick during the pandemic. On the  
topic of the correlation between low-car ownership and low-income, he added that  
staff would look at the data in more detail during the network design process.  
Director Shaw commented that new fixed routes network design needs to take into  
account the disabled population and ensure their easy access to transit.  
Director Shaw commented that in addition to other factors discussed in the past, the  
operator shortage might also be caused by the nature of the job. Director Shaw  
suggested taking a new perspective on the bus operator shortage and invited the union  
partner to actively participate in rethinking the bus operator job to attract younger  
generations and make the job more desirable.  
Director Shaw spoke about the importance of on-demand service and thought that it  
should be revisited because the data that would support the need for such service was  
not accurate and complete. Director Shaw added that problems with software and  
scheduling have unjustly contributed to the high cost of the service and asked staff to  
consider it again, especially in the low-ridership areas.  
Director Shaw further commented health and safety of employees had been the  
paramount priority to the Board not only during the pandemic but long before she  
joined the Board.  
Director Walsh was pleased to see that new strategic goals focus on customer  
experience more than before. Director Walsh commented about hiring practices and  
asked that the hiring process be reviewed to ensure that applicants receive a positive  
and welcoming message from the beginning of the process. Director Walsh further  
suggested adding a strategic goal to reduce absenteeism.  
Director Ortiz addressed the topic of absenteeism, saying that absenteeism is handled  
through contract negotiations with the labor union.  
Director Beckles appreciated staff's statement on the climate crisis and systemic racism.  
Director Beckles commented that it is important to look at practical ways to address  
systemic racism, such as further conversations, fare equity and finding ways to make it  
easier for the disadvantaged population to use public transit. On the topic of hiring  
efforts, Director Beckles believed it was important to ensure that job is enticing and  
that addressing issues with working conditions would attract more applicants' interest.  
Director Beckles further commented on the topic of housing and affordability, noting  
that ridership is affected when people are being displaced out of the area, and  
suggested taking positions on housing affordability at the state legislative level.  
The Board received the report and offered the feedback outlined in the minutes.  
Operations Items - President Ortiz  
6.D. Consider receiving the Quarterly Operations Performance Report for  
22-062  
AC Transit Fixed Route Services during the Second Quarter (Q2) of the  
Fiscal Year 2022.  
Assistant Director of Transportation Dwain Crawley presented the staff report.  
Public Comment:  
There were no comments offered.  
Board Discussion:  
Director Shaw commented on the Protective Services Report presented in Attachment  
1 of the staff report and asked staff to focus on collecting qualitative data related to the  
Sheriffs' contracts and begin improvements based on qualitative data.  
MOTION: SHAW/YOUNG to receive the Quarterly Operations Performance Report for  
AC Transit Fixed Route Services during the Second Quarter (Q2) of the Fiscal Year 2022.  
The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
6.E. Consider receiving an update on the bicyclist and bus operator safety  
22-106  
training program. [Requested by Director Peeples - 6/9/21]  
Training and Education Center Manager Michael Flocchini presented the staff report.  
Public Comment:  
There were no public comments offered.  
Board Discussion:  
Director Peeples commented on a past training exercise with Bike East Bay whereby  
bicycle trainers were put in the seat on an articulated bus so they could see how  
difficult it is to see bicyclists riding close to the bus. He suggested that the Training  
Department consider conducting this exercise again with different types of buses.  
Director Walsh asked staff to explain the history of conducting training with bicyclists  
and bus operators. Mr. Flocchini responded that the District has been doing this type  
of training for many years, but more recently in response to a request by the Emeryville  
ILC. He added that staff is always in touch with different experts in the field to improve  
operations.  
MOTION: PEEPLES/WALSH to receive an update on the bicyclist and bus operator safety  
training program. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Walsh, Beckles, Shaw, Peeples  
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.  
There was nothing to report out of closed session.  
7.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
Quarterly Litigation Report  
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; and  
Dollene Jones v. AC Transit Retirement Board, et al., ACSC No. RG20-050706.  
In addition, there is a report regarding violations at the District’s Central Maintenance and  
Division 4 facilities during this reporting period.  
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  
(Government Code Section 54957.6):  
Agency Designated Representative: President Ortiz  
Board Officers: General Manager, General Counsel, District Secretary  
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 at least one other Director.  
8.A. Review of Agenda Planning Pending List.  
22-065b  
Director Shaw requested an analysis of the Fare-Free Fridays promotion that was  
implemented in September 2020. The report should include data on ridership increase  
and feedback from the riders. (Ortiz concurred)  
Director Shaw asked for an update on the rear-door pilot program. (Walsh concurred)  
Director Beckles asked staff to prepare a Board Resolution offering free transfers. Upon  
further discussion, Director Beckles seconded Director Walsh’s request from October  
13, 2021, regarding the feasibility of free transfers.  
9.  
GENERAL MANAGER’S REPORT  
9.A. General Manager’s Report for February 9, 2022.  
22-041b  
The report was provided for information only.  
BOARD/STAFF COMMENTS  
10.  
(Government Code Section 54954.2)  
Members of the Board commented on the events they attended since the last Board Meeting.  
11.  
ADJOURNMENT  
Next Meeting: February 23, 2022 at 5:00 p.m.  
There being no further business to come before the Board of Directors, the meeting adjourned  
at 6:40 p.m. The next meeting of the Board is scheduled for February 23, 2022, at 5:00 p.m.  
Respectfully submitted,  
/s/  
Linda A. Nemeroff  
District Secretary