ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
MINUTES  
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, September 14, 2022 at 5:00 PM  
https://bit.ly/3LlZCIE  
Full Zoom recording is available in the Audio/Video link to the right.  
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  
1.  
CALL TO ORDER  
The Alameda-Contra Costa Transit District Board of Directors held a meeting on Wednesday,  
September 14, 2022, at 5:00 p.m.  
The meeting was called to order at 4:17 p.m. for the purpose of Closed Session. All Board  
members were present except Vice President Young. The Board convened in Closed Session to  
discuss Items 8A-8D as listed on the agenda. Closed Session concluded at 4:26 p.m.  
President Ortiz called the Board of Directors meeting to order at 5:03 p.m.  
2.  
3.  
ROLL CALL  
Vice President Young arrived at 5:56 p.m. just prior to the discussion of Item 7.C.  
Present:  
ORTIZ, YOUNG, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
PRESENTATION  
3.A. Update on AC Transit’s donation of three surplus MCI buses that are  
19-230c  
being used to provide transportation for school students in Haiti.  
Claude Joseph from Those Angels, Inc. gave the presentation and thanked AC Transit  
for the donation of the buses, which have expanded opportunities for field trips for  
school children in Haiti. Members of the Board thanked Mr. Joseph for his work on the  
project and his continued efforts.  
There was no public comment offered. The item was presented for information only.  
4.  
PUBLIC COMMENT  
[Written comment received prior to the meeting is incorporated into the file by reference as  
Exhibit A.]  
Sheela Gunn-Cushman commented on wayfinding matters affecting visually impaired bus  
riders discussed at the Accessibility Advisory Committee, including the distance between  
benches and bus poles, and stop signage that is inaccessible to visually impaired riders.  
Gunn-Cushman also expressed support of traffic enforcement cameras on buses as long as the  
cameras are used in a socially fair and equitable manner.  
5.  
6.  
MODIFICATIONS TO THE AGENDA  
There were no modifications to the agenda.  
CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)  
There was no public comment offered on the consent calendar.  
MOTION: PEEPLES/McCALLEY to receive, approve, or adopt the items on the Consent Calendar  
as indicated. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.A. Consider approving Board of Directors minutes of August 10, 2022.  
22-099  
MOTION: PEEPLES/McCALLEY to approve the Board of Directors minutes of August 10,  
2022. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.B. Consider approving the Joint Board of Directors/Accessibility Advisory  
22-503  
Committee minutes of July 27, 2022.  
MOTION: PEEPLES/McCALLEY to approve the Joint Board of Directors/Accessibility  
Advisory Committee minutes of July 27, 2022. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.C. Consider receiving report on proposed amendments to the AC Transit  
22-512  
Conflict of Interest Code.  
MOTION: PEEPLES/McCALLEY to receive the report on proposed amendments to the AC  
Transit Conflict of Interest Code. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.D. Consider receiving 1) the Retirement Board meeting minutes of July  
13, 2022, and 2) the Special Retirement Board meeting minutes of  
August 2, 2022.  
22-480  
MOTION: PEEPLES/McCALLEY to receive 1) the Retirement Board meeting minutes of  
July 13, 2022, and 2) the Special Retirement Board meeting minutes of August 2, 2022.  
The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.E. Consider review of Board Policy 607, Statue of Limitations Re:  
California Code of Civil Procedure §1094.5 and Resolution 17-016, with  
no recommended changes.  
22-288  
MOTION: PEEPLES/McCALLEY to approve the review of Board Policy 607, Statue of  
Limitations Re: California Code of Civil Procedure §1094.5 and Resolution 17-016, with  
no recommended changes. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.F. Consider receiving the Monthly Report on Investments for May 2022.  
22-463  
MOTION: PEEPLES/McCALLEY to receive the Monthly Report on Investments for May  
2022. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.G. Consider approving amendments to Board Policy 324 - Revenue and  
Grants. [Continued from the July 27, 2022, Board of Directors  
Meeting]  
22-405a  
MOTION: PEEPLES/McCALLEY to approve amendments to Board Policy 324 - Revenue  
and Grants. [Continued from the July 27, 2022, Board of Directors Meeting] The motion  
carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.H. Consider receiving the Bi-Monthly budget update for the period of July  
22-504  
2021 through June 2022 of FY 2021-22.  
MOTION: PEEPLES/McCALLEY to receive the Bi-Monthly budget update for the period  
of July 2021 through June 2022 of FY 2021-22. The motion carried by the following  
vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.I.  
6.J.  
Consider receiving the FY 2021-22 Fourth Quarter Employee and  
Non-Employee Out-of-State Travel Report.  
22-464  
MOTION: PEEPLES/McCALLEY to receive the FY 2021-22 Fourth Quarter Employee and  
Non-Employee Out-of-State Travel Report. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
Consider receiving the FY 2021-22 Fourth Quarter Surplus and  
Obsolete Materials Report.  
22-462  
MOTION: PEEPLES/McCALLEY to receive the FY 2021-22 Fourth Quarter Surplus and  
Obsolete Materials Report. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.K. Consider receiving the Quarterly Report on the Status of Active  
22-455  
Contracts and Spending Amounts over $250,000.  
MOTION: PEEPLES/McCALLEY to receive the Quarterly Report on the Status of Active  
Contracts and Spending Amounts over $250,000. The motion carried by the following  
vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.L.  
Consider authorizing the General Manager to execute an amendment  
to the Feeder Service Funding Agreement with the Bay Area Rapid  
Transit District (BART) to extend the current agreement for two years,  
through June 30, 2023.  
14-066b  
MOTION: PEEPLES/McCALLEY to authorize the General Manager to execute an  
amendment to the Feeder Service Funding Agreement with the Bay Area Rapid Transit  
District (BART) to extend the current agreement for two years, through June 30, 2023.  
The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.M. Consider authorizing the General Manager or his designee to execute  
an agreement for maintenance of the Richmond Parkway Transit  
Center Park and Ride Lot (RPTC) with Caltrans.  
22-514  
MOTION: PEEPLES/McCALLEY to authorize the General Manager or his designee to  
execute an agreement for maintenance of the Richmond Parkway Transit Center Park  
and Ride Lot (RPTC) with Caltrans. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.N. Consider authorizing the release of an Invitation for Bids (IFB) and/or  
Request for Proposals (RFP) to upgrade the hydrogen fueling  
infrastructure at the Oakland (D4) Division.  
22-461  
MOTION: PEEPLES/McCALLEY to authorize the release of an Invitation for Bids (IFB)  
and/or Request for Proposals (RFP) to upgrade the hydrogen fueling infrastructure at  
the Oakland (D4) Division. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.O. Consider authorizing the solicitation of proposals to purchase liquid  
nitrogen and liquid hydrogen fuel to support the continued  
22-465  
implementation of the Zero Emission Bus (ZEB) Transition Plan.  
MOTION: PEEPLES/McCALLEY to authorize the solicitation of proposals to purchase  
liquid nitrogen and liquid hydrogen fuel to support the continued implementation of  
the Zero Emission Bus (ZEB) Transition Plan. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.P. Consider authorizing a solicitation for proposals for Operations and  
Maintenance (O&M) services for the Emeryville (D2) and Oakland (D4)  
hydrogen stations to support the continued implementation of the  
Zero Emissions Bus (ZEB) Transition Plan.  
22-467  
MOTION: PEEPLES/McCALLEY to authorize a solicitation for proposals for Operations  
and Maintenance (O&M) services for the Emeryville (D2) and Oakland (D4) hydrogen  
stations to support the continued implementation of the Zero Emissions Bus (ZEB)  
Transition Plan. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
6.Q. Consider the adoption of Resolution 22-035 approving the new  
classifications of Director of Innovation and Technology, Innovation  
and Technology Supervisor, the revised Human Resources Manager,  
and Labor Relations Manager, and abolishing the classification  
specification of Director of Systems and Software Development.  
22-484  
MOTION: PEEPLES/McCALLEY to adopt Resolution 22-035 approving the new  
classifications of Director of Innovation and Technology, Innovation and Technology  
Supervisor, the revised Human Resources Manager, and Labor Relations Manager, and  
abolishing the classification specification of Director of Systems and Software  
Development. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
7.  
REGULAR CALENDAR  
Finance and Audit Items - Chair Shaw  
7.A. Consider receiving a report on updated operating financial projections.  
22-505  
Chief Financial Officer Chris Andrichak presented the staff report and provided an  
overview of estimated revenue growth and projected cost scenarios as well as the plan  
to address projected deficits. Mr. Andrichak also reported on staff’s work toward  
developing specific cost-control plans to address the projected deficit in upcoming  
years, including ways to reduce the District’s contribution to the retirement plan,  
regional efforts to introduce new funding measures, and possibly converting capital  
funding to operation funding.  
There were no public comments.  
President Ortiz commented on the bleak financial picture in the coming years. Mr.  
Andrichak addressed questions regarding the retirement plan contribution and the  
possible conversion of capital to operation funding.  
Executive Director of External Affairs, Marketing and Communications Beverly Greene  
addressed Director Peeples's question about a regional effort to sponsor transit  
recovery legislation.  
Director McCalley appreciated the proactive approach and anticipation of possible  
deficits. Director McCalley further inquired about the service level recovery and how  
nimble service planning can be related to cost control. General Manager Hursh  
explained that the primary focus is on service reliability and that further cost control  
will allow further service recovery. He added that cost control has already begun in  
areas outside of operator hiring efforts.  
Director Shaw and President Ortiz concurred that service reliability is of paramount  
importance.  
General Manager Hursh addressed Director Walsh's question about the areas where  
the cost-control plan would be applied.  
MOTION: ORTIZ/PEEPLES to receive a report on updated operating financial  
projections. The motion carried by the following vote:  
Ayes:  
ORTIZ, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
YOUNG  
Absent:  
Operations Items - Chair Young  
7.B. Consider whether to entertain HR Management's (HRM) appeal of the  
General Manager's decision to deny HRM's protest of its non-award  
decision under RFP 2023-1585 and to take any other actions as may be  
deemed necessary.  
22-513  
1. The passage of a motion to deny the appeal or the failure of a  
motion to consider the appeal means that the General Manager's  
decision will become final. If no motion is made on this matter, it shall  
have the same effect as a denying the appeal and the General  
Manager's decision will become final.  
2. The passage of a motion to grant the appeal means the Board will  
schedule a hearing date to consider the appeal for a future Board  
meeting and notify HRM of the hearing date.  
General Counsel Jill Sprague presented the staff report and outlined the options  
available to the Board as to whether or not to entertain HR Management’s appeal.  
Counsel further laid out the grounds for the District’s position concerning the protest.  
There was no public comment offered.  
Director McCalley asked for clarification with respect to the applicability of  
Disadvantaged Business Enterprise (DBE) goals in the procurement process, which were  
addressed by staff. General Manager Hursh further explained that because the  
procurement for the services was not federally funded, there was no DBE goal  
applicability, and despite this, several contracts were awarded to DBE firms because of  
staff’s robust outreach. He further added that the initial evaluation was done by a blind  
panel who did not know the names of any of the firms.  
Director Shaw shared that she was satisfied with staff’s handling of the process.  
The Board took no action on the matter thereby making the General Manager’s  
decision to deny the protest final.  
7.C. Consider approving staff’s requested amendment to Board Policy 471-  
Cancellation of Scheduled Service Policy, to address an operational  
issue resulting from an amendment to the policy approved by the  
Board on June 22, 2022.  
22-194b  
Director of Transportation Derik Calhoun presented the staff report.  
Public Comment:  
Sheela Gunn-Cushman noted that riders are still not able to receive bus line  
cancellation or bus travel alternative notices very effectively.  
Erik Murillo commented on his recent bus riding experience and noted issues with the  
AC Transit App, pointing out several ways the App needs to work to better serve bus  
riders.  
Board Discussion:  
Director Walsh outlined her understanding of the policy with regard to prioritizing how  
service is cancelled when the need arises. While Director Walsh understood the  
operational need to change the policy, at issue was service reliability and how the  
Board becomes aware of when the policy is not being followed. Staff commented on  
the complexities that dispatchers and controllers face on a daily basis when trying to  
adhere to the policy. General Manager Hursh noted that cancelled service is reported  
on a quarterly basis in the Operations Performance Report. Director Walsh did not feel  
that the report provided enough granular information to determine how widespread  
the issue of cancelled service is.  
Director Shaw encouraged speakers to contact customer service when the bus does not  
show up and asked questions regarding the frequency of service that were addressed  
by staff.  
MOTION: YOUNG/SHAW to approve staff's amendments to Board Policy 471-  
Cancellation of Scheduled Service Policy. The motion carried by the following vote:  
Ayes:  
ORTIZ, YOUNG, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
Board Administrative Matters - President Ortiz  
7.D. Consideration of amendments to Sections 2.11 (Selection of  
President/Vice President) and 8.11 (Nominating Committee) of Board  
Policy 101 - Board of Directors Rules for Procedure.  
22-396a  
[Written comment received prior to the meeting is incorporated into the file by  
reference.]  
District Secretary Linda Nemeroff presented the Staff Report describing the actions and  
directions of the Board at the August 31, 2022, Board Retreat to amend sections 2.11  
and 8.11 of Board Policy 101 concerning the selection of President and Vice President  
of the Board and the nominating committee. District Secretary Nemeroff described the  
details of each proposed amendment and the rationale for their adoption. There was  
no public comment offered.  
MOTION: PEEPLES/YOUNG to approve amendments to Sections 2.11 (Selection of  
President/Vice President) and 8.11 (Nominating Committee) of Board Policy 101 - Board  
of Directors Rules for Procedure. The motion carried by the following vote:  
Ayes:  
ORTIZ, YOUNG, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
7.E. Discussion regarding the resumption of in-person public participation  
at future AC Transit Board of Directors meetings and provide direction  
to staff. (verbal)  
22-515  
District Secretary Linda Nemeroff gave a verbal report describing the need for Board  
direction on the issue of in-person public participation at future AC Transit Board of  
Directors meetings. Ms. Nemeroff reminded the Board of its previous discussion on the  
matter and action to discuss this matter at a later date.  
Ms. Nemeroff advised that upon consultation with AC Transit Safety Manager Tabby  
Davenport, there is agreement that in-person public participation can commence  
provided that measures are taken to create an environment where each attendee fees  
safe, including the continued enforcement of the District's indoor mask mandate at all  
facilities. In addition, it was suggested that Board meeting agenda include information  
that encourages the public to attend meetings remotely unless there is a specific need  
to attend in-person. An overview of how other Bay Area transit agencies are  
handling/will be handling future public meetings was provided along with the caveat  
that future changes to in-person attendance could occur due to the unpredictable  
nature of the pandemic.  
District Secretary Nemeroff closed by specifying that the Board meeting changes  
described in the report addresses only the Board of Directors meetings and that the  
other District meeting bodies can continue to operate under the abbreviated  
teleconference procedures allowed under the Brown Act and continue to meet  
remotely if desired. An AB 361 Board resolution will still be submitted for Board  
Approval at the next Board meeting.  
Public Comment:  
Sheela Gunn-Cushman remarked that allowing the hybrid meeting model provides  
greater public access and participation at these meetings and supports a hybrid model  
permanently if not at least while the COVID-19 emergency remains active.  
Board Discussion:  
Director Shaw expressed support to the return of public participation at in-person  
Board meetings and asked if all non-Board committees would need to comply with the  
Board's decisions to have public in-person meetings. District Secretary Nemeroff  
reported that each committee is a separate legislative body and can make their own  
rules. However, if they wanted to adhere to AB 361, each committee would have to  
adopt resolutions addressing AB 361 at their meetings.  
Director Beckles expressed support for a hybrid-meeting option for Board meetings  
allowing the public to participate in-person as well as remotely.  
Director Peeples described why he supports a plan which allows in-person public  
participation at Board meetings by noting that personal interaction between the public  
and Board members as well as the Board and other committee members is important.  
Additionally, Director Peeples provided reasons why the public should be allowed to  
participate remotely as well.  
District Secretary Linda Nemeroff described upcoming legislation addressing the Brown  
Act and future remote participation at Board meetings.  
By majority consensus, direction was given to resume in-person public participation at  
Board meeting beginning on October 26, 2022.  
7.F. Discussion regarding agenda items for the annual joint meeting  
between the Board of Directors and Retirement Board and approve  
the draft agenda.  
22-366  
District Secretary Linda Nemeroff presented an overview of the draft agenda for the  
Joint meeting of the Board of Directors and the Retirement Board scheduled for  
Wednesday, October 19, 2022 at 1 pm. There was no public comment offered.  
Board Discussion:  
Director Young commented that perhaps the discussion of the item regarding  
investments with Environmental, Social, and Governance (ESG) and Private Equity  
should omit the Private Equity discussion unless people really wish to know more about  
it. Ms. Nemeroff noted that reporting on Private Equity could be placed in 'second  
position' for discussion and brought for discussion if time permits.  
MOTION: McCALLEY/SHAW to approve the draft agenda for the annual joint meeting  
between the Board of Directors and Retirement Board. The motion carried by the  
following vote:  
Ayes:  
ORTIZ, YOUNG, BECKLES, WALSH, McCALLEY, SHAW, PEEPLES  
8.  
CLOSED SESSION/REPORT OUT  
General Counsel Jill Sprague reported out on the following:  
MOTION: PEEPLES/MCCALLEY to approve the settlement by compromise and release in the  
amount of $165,000, minus permanent disability advances of $10,440, for a total of payment  
of $154,560 in the matter of Robinson v. AC Transit, WCAB Case Nos. ADJ11314302,  
ADJ1700685. The motion carried by the following vote:  
Ayes:: Peeples, McCalley, Beckles, Walsh, Shaw, Ortiz  
Absent: Young  
8.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
Robinson v. AC Transit, WCAB Case Nos. ADJ11314302, ADJ1700685  
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  
9.  
AGENDA PLANNING  
9.A. Review of Agenda Planning Pending List and Agenda Planning Request  
22-065o  
Forms.  
The following agenda planning requests provided in the agenda packet were accepted:  
President Ortiz's request (payment terms for disadvantaged business enterprises) was  
also endorsed by Vice President Young and Director Peeples. Director Shaw asked that  
report explain the entire process a small business goes through when applying for a  
contract with the District.  
Director Walsh's request (fare compliance on Tempo) was also endorsed by Directors  
Beckles and Peeples. Director McCalley asked to evaluate the possibility of a peer  
review and include it in the report.  
10.  
11.  
GENERAL MANAGER’S REPORT  
10.A. General Manager’s Report for September 14, 2022.  
22-041o  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
Members of the Board commented on the events they attended since the last Board Meeting.  
Director Walsh reported on District travel to the NACTO 2022 Designing Cities Conference held  
in Boston, Massachusetts.  
12.  
ADJOURNMENT  
There being no further business to come before the Board of Directors, the meeting adjourned  
at 6:41 p.m. The next meeting of the Board is scheduled for September 28, 2022, at 5:00 p.m.  
Respectfully submitted,  
/s/  
Linda A. Nemeroff  
Board Administrative Officer / District Secretary