ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
AGENDA  
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, June 28, 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  
Live Public Comment  
The public is invited to attend the Board of Directors meeting in person or remotely. Live  
public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover of this agenda.  
District Secretary will call each speaker when it is their turn to speak. Zoom participants must  
use the “raise your hand" feature to indicate they wish to speak on an item and use the  
“unmute” option once prompted to speak.  
For participants calling in, dial *9 to “raise your hand” when the agenda item is called. When  
you are called by the last 4 digits of your phone number, dial *6 to unmute. If you decide not  
to speak, dial *9 to "lower your hand".  
Written Public Comment  
Written comment can be submitted directly to the Board BEFORE the meeting starts. Click on  
corresponding meeting. Please note that eComment submissions close 30 minutes prior to the  
start of the meeting. Written comments can also be emailed to myvoice@actransit.org.  
Indicate the agenda item number in the subject of the email. Email submissions must be  
received two hours prior to the start of the meeting.  
Members of the public who wish to listen/view the meeting can do so at  
"Audio/Video" column. This feature is only available 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  
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 June 14, 2023.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
5.B. Consider adoption of Board Policy 703 - Assessing and Waiving Fines for  
the Late Filing of a Statement of Economic Interest (Form 700).  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
5.C. Consider authorizing the General Manager to execute a contract with  
Gillig LLC of Livermore, California, to purchase Driver Protective Barriers.  
Staff Contact:  
Salvador Llamas, Chief Operating Officer  
5.D. Consider authorizing the General Manager to execute an amendment to  
Contract 2020-1480 with VSCE for Construction Management (CM)  
Services associated with the Rapid Corridors Project - San Pablo Avenue.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
5.E.  
Consider receiving the Monthly Report on Investments for April 2023.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
5.F.  
Consider the adoption of Resolution No. 23-028 providing notice of the  
scheduled adoption of an Appropriations Limit for Fiscal Year 2023-24.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
5.G. Consider approving minor edits to Board Policy 340 - Accounting Policy.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
5.H. Consider adoption of Resolution No. 23-026 approving the Metropolitan  
Transportation Commission Multi-Jurisdictional Hazard Mitigation Plan.  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
5.I.  
Consider the adoption of Resolution 23-025 authorizing the General  
Manager to transfer ownership of up to thirteen (13) decommissioned  
fuel cell buses, their associated surplus parts and materials to Amigos of  
Costa Rica, in support of Latin America’s first fully integrated green  
hydrogen transportation ecosystem pursuant to Board Policy 461...Body  
Staff Contact:  
Salvador Llamas, Chief Operating Officer  
6.  
REGULAR CALENDAR  
External Affairs Items - Chair Peeples  
6.A. Consider receiving the Monthly Legislative Report and approve  
legislative positions, if necessary.  
Staff Contact:  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
Finance and Audit Items - Chair McCalley  
6.B. Consider authorizing the General Manager to bind the District’s  
2023-2024 Commercial Property Insurance and Deadly Weapons  
Response insurance programs.  
Staff Contact:  
Jill A. Sprague, General Counsel/Chief Legal Officer  
6.C. Consider receiving a report on Tempo Line fare compliance done at the  
request of the District through the University of California at Berkeley  
Goldman School of Public Policy Capstone Analytic Project. [Requested  
by Director Walsh - 9/14/2022]  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
Planning Items - Chair Syed  
6.D. Consider adopting Resolution 23-029 approving the East Bay Paratransit  
Consortium (EBPC) Zero-Emission Vehicle (ZEV) Rollout Plan.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
6.E.  
6.F.  
Consider receiving a report on AC Transit’s Zero Emission Bus Program  
covering capital investments and operational performance for the 2022  
calendar year review period.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Salvador Llamas, Chief Operating Officer  
Consider receiving the monthly update on progress, next steps, and  
upcoming engagement opportunities associated with Realign - the  
District's system-wide service planning effort.  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
Beverly Greene, Executive Director of External Affairs, Marketing &  
Communications  
Operations Items - Chair Shaw  
6.G. Introduce and waive the reading of Ordinance No. 19 establishing use of  
forward-facing cameras on Alameda-Contra Costa Transit District-owned  
public transit vehicles to issue citations and establish civil penalties for  
parking violations in transit-only traffic lanes and transit stops; and  
repeal Ordinance 18.  
Staff Contact:  
Jill A. Sprague, General Counsel/Chief Legal Officer  
Salvador Llamas, Chief Operating Officer  
6.H. Consider receiving a report on an audit of the current contract with the  
Alameda County Sheriff’s Office. [Requested by Director Beckles -  
2/22/2023]  
Staff Contact:  
Salvador Llamas, Chief Operating Officer  
Board Administrative Matters - President Young  
6.I.  
6.J.  
Consider options for amending Board Policy 437 - Vehicle Parking at  
District Facilities with respect to Board members. [Requested by Director  
Walsh - 5/22/22]  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
Announcement of changes in appointments to the Transbay Joint  
Powers Authority and West Contra Costa Transportation Advisory  
Committee.  
Presenter:  
President Young  
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))  
Collins v. AC Transit. WCAB Case Nos. ADJ12092966, ADJ11360280  
7.B. Conference with Legal Counsel – Potential Litigation  
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (2cases)  
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.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
9.  
GENERAL MANAGER’S REPORT  
9.A. General Manager’s Report for June 28, 2023.  
10.  
11.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
ADJOURNMENT  
Next Meeting: July 12, 2023 at 5:00 p.m.  
MEETING DISCLOSURES  
Live Audio/Video Stream: Meetings of the Board of Directors are recorded and streamed live on the District’s  
website.  
Public Comment: Live public comment will be accepted during the meeting in person, through Zoom, or the  
teleconference number listed on the cover page. Members of the public wishing to present comments in  
person should complete a Speaker’s Form and submit it to the District Secretary at the meeting. For subjects  
not listed on this agenda, the public will be invited to speak under the "PUBLIC COMMENT" item on 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 from the District Secretary’s Office, 1600 Franklin Street, Oakland, California, or on the  
District’s website.  
Accessible Public Meetings/Alternative Formats/Interpreters: Meetings of the Board of Directors are accessible  
to individuals in wheelchairs. The Board Room is equipped with Assistive Listening Devices for individuals with a  
hearing impairment. Written materials in appropriate alternative formats and disability-related  
modification/accommodations must be made three business days in advance of the meeting or hearing 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. AC  
Transit’s General Offices are accessible by various bus lines serving the intersection of 17th Street and  
BART station is the 19th Street Station in Oakland.  
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.