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, 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

CALL TO ORDER

The Alameda-Contra Costa Transit District Board of Directors held a meeting on Wednesday,

June 28, 2023, at 5:00 p.m.

The meeting was called to order at 3:15 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 4:31 p.m.

President Young called the Board of Directors meeting to order at 5:00 p.m.

ROLL CALL

Present:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

PUBLIC COMMENT

Ms. Fowles requested that Line 80 be restored to its route and full capacity.

Robert Coleman, President of ATU Local 192 (with James Jackson, Business Agent), asked that

District management respect the Union’s right to bargain the drug and alcohol policy as a term

and condition of employment.

Quella Thompson, President of AFSCME Local 3915, requested that the District’s

representatives fairly negotiate the drug and alcohol policy with AFSCME and ATU as required

by collective bargaining.

Kuan Butts, Traffic Violence Rapid Response, requested that AC Transit review a report at

www.OakRapidResponse.org/International that analyzes vehicle data on International

Boulevard during the time frame of 2020 to 2022 which purportedly showed that speeds of

vehicles had increased by 25% following the implementation of the Tempo service. Butts also

asked that the previously approved physical separation barriers be implemented on the route.

Caleb Jones, Traffic Violence Rapid Response, requested concrete barriers to separate bus and

car lanes on International Boulevard.

Anwar Baroudi, Traffic Violence Rapid Response, requested AC Transit keep the pedestrian

experience in mind when considering street redesign.

George Spies, Traffic Violence Rapid Response, commented on traffic deaths in Oakland,

believing that faster bus travel leads to faster car travel and requested that AC Transit support

traffic calming and pedestrian safety.

Jane Kramer complained about the cold temperature on the bus and suggested providing bus

operators with inexpensive fan designated to driver area.

Josh Beth requested that discounted, low-income Clipper Cards be more widely accessible and

advertised.

Natalie Mall requested street redesign planning be more proactive and requested that the

matter be discussed at a future meeting in order to reduce traffic deaths.

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/BECKLES, to receive, approve or adopt the items on the Consent Calendar

as indicated, with the exception of Item 5.I. which was pulled off the Consent Calendar by

Director Peeples. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

5.A. Consider approving Board of Directors minutes of June 14, 2023.

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Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

MOTION: PEEPLES/BECKLES to approve Board of Directors minutes of June 14, 2023.

The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

5.B. Consider adoption of Board Policy 703 - Assessing and Waiving Fines

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for the Late Filing of a Statement of Economic Interest (Form 700).

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

MOTION: PEEPLES/BECKLES to adopt Board Policy 703 - Assessing and Waiving Fines for

the Late Filing of a Statement of Economic Interest (Form 700). The motion carried by

the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

5.C. Consider authorizing the General Manager to execute a contract with

Gillig LLC of Livermore, California, to purchase Driver Protective

Barriers.

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Staff Contact:

Salvador Llamas, Chief Operating Officer

MOTION: PEEPLES/BECKLES to authorize the General Manager to execute a contract

with Gillig LLC of Livermore, California, to purchase Driver Protective Barriers. The

motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

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.

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Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

MOTION: PEEPLES/BECKLES to authorize 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. The motion

carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

5.E. Consider receiving the Monthly Report on Investments for April 2023.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/BECKLES to receive the Monthly Report on Investments for April

2023. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

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.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/BECKLES to adopt Resolution No. 23-028 providing notice of the

scheduled adoption of an Appropriations Limit for Fiscal Year 2023-24. The motion

carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

5.G. Consider approving minor edits to Board Policy 340 - Accounting

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Policy.

Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/BECKLES to approve minor edits to Board Policy 340 - Accounting

Policy. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

5.H. Consider adoption of Resolution No. 23-026 approving the

Metropolitan Transportation Commission Multi-Jurisdictional Hazard

Mitigation Plan.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/BECKLES to adopt Resolution No. 23-026 approving the

Metropolitan Transportation Commission Multi-Jurisdictional Hazard Mitigation Plan.

The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

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

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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

Item 5.I. was pulled off the Consent Calendar by Director Peeples to comment on the

District’s fuel cell program in relation to the bus donation. Chief Operating Officer

Salvador Llamas commented on staff’s work on the donation and introduced the

President of Ad Astra Rocket Company, Franklin Chang Diaz, who commented on the

success of the program and thanked AC Transit for its support.

MOTION: PEEPLES/SHAW to adopt 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. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

REGULAR CALENDAR

External Affairs Items - Chair Peeples

6.A. Consider receiving the Monthly Legislative Report and approve

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legislative positions, if necessary.

Staff Contact:

Beverly Greene, Executive Director of External Affairs, Marketing &

Communications

[Information regarding SB 532 regarding the Safe, Clean and Reliable Public

Transportation Emergency Act was provided for the Board's consideration and is

incorporated into the file by reference.]

External Affairs Representative Steven Jones presented the staff report. There was no

public comment offered.

MOTION: SHAW/McCALLEY to approve the staff recommendations, including

ratification of a SUPPORT position on SB 532. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

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.

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Staff Contact:

Jill A. Sprague, General Counsel/Chief Legal Officer

Claims and Liability Manager Jean-Paul Popoff presented the staff report. There were

no public comments offered.

MOTION: SHAW/PEEPLES to authorize the General Manager to bind the District’s

2023-2024 Commercial Property Insurance and Deadly Weapons Response insurance

programs. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

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]

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Staff Contact:

Chris Andrichak, Chief Financial Officer

Chief Financial Officer Chris Andrichak presented the staff report. General Manager

Hursh advised that staff will present an update in 4 months.

Public Comment:

Josh Beth requested that the Tempo Line be free and to stop fare enforcement.

MOTION: PEEPLES/YOUNG to receive 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. The motion carried by the following

vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

Planning Items - Chair Syed

6.D. Consider adopting Resolution 23-029 approving the East Bay

Paratransit Consortium (EBPC) Zero-Emission Vehicle (ZEV) Rollout

Plan.

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Staff Contact:

Ramakrishna Pochiraju, Executive Director of Planning & Engineering

Accessible Services Manager Mallory Brush presented the staff report. There were no

public comments offered.

MOTION: PEEPLES/SHAW to adopt Resolution 23-029 approving the East Bay

Paratransit Consortium (EBPC) Zero-Emission Vehicle (ZEV) Rollout Plan. The motion

carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

6.E. Consider receiving a report on AC Transit’s Zero Emission Bus Program

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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

Director of Business Sciences William Tonis presented the staff report. There were no

public comments offered.

MOTION: YOUNG/MCCALLEY to receive a report on AC Transit’s Zero Emission Bus

Program covering capital investments and operational performance for the 2022

calendar year review period. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

6.F. Consider receiving the monthly 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

External Affairs Representative Diann Castlebery and Service Planning Manager Michael

Eshleman presented the staff report. There were no public comments offered.

MOTION: YOUNG/SHAW to receive the monthly 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

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.

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Staff Contact:

Jill A. Sprague, General Counsel/Chief Legal Officer

Salvador Llamas, Chief Operating Officer

General Council Jill Sprague presented a report.

Public Comment:

Alfred Twu spoke in support of Ordinance No. 19.

MOTION: PEEPLES/BECKLES to 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. The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

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]

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Staff Contact:

Salvador Llamas, Chief Operating Officer

[The Internal Audit report was provided for the Board's consideration and is incorporated

into the file by reference.]

Internal Audit Manager Alan Parello presented the staff report.

Public Comment:

Josh Beth expressed concern regarding the cost of Alameda County Sheriff’s Office

contract.

MOTION: YOUNG/PEEPLES to receive a report on an audit of the current contract with

the Alameda County Sheriff’s Office. The motion carried by the following vote:

Ayes:

Board Administrative Matters - President Young

6.I. Consider options for amending Board Policy 437 - Vehicle Parking at

YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES

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District Facilities with respect to Board members. [Requested by

Director Walsh - 5/22/22]

Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

There was no presentation of the staff report. As the requestor of the item, Director

Walsh outlined the options available for the Board to consider.

MOTION: YOUNG/BECKLES to approve Option 4 to make no changes to the policy. The

motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, SYED, McCALLEY, PEEPLES

WALSH

Nayes:

6.J.

Announcement of changes in appointments to the Transbay Joint

Powers Authority and West Contra Costa Transportation Advisory

Committee.

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Presenter:

President Young

President Young announced that Director Syed will replace Vice President Shaw on the

Transbay Joint Powers Authority. Director McCalley will remain the alternate. In

addition, Director Peeples will become the primary representative on the West Contra

Costa Transportation Advisory Committee. Director Beckles will become the alternate.

These appointments are effective immediately.

communicate these changes to the respective agencies.

The District Secretary is to

CLOSED SESSION/REPORT OUT

General Counsel Jill Sprague reported out on the following:

MOTION: PEEPLES/BECKLES to approve settlement via compromise and release in the amount

of $425,000.00 less permanent disability advances in the amount of $18,610.75, in the matter

of Collins v. AC Transit, WCAB Case No. ADJ12092966, ADJ11360280. The motion carried by the

following vote:

Ayes: PEEPLES, BECKLES, WALSH, SYED, McCALLEY, SHAW, YOUNG

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

AGENDA PLANNING

8.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.

GENERAL MANAGER’S REPORT

9.A. General Manager’s Report for June 28, 2023.

The report was presented for information only.

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10.

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 Shaw reported on travel to Spain and Portugal to attend APTA

Study Mission.

11.

ADJOURNMENT

The meeting was adjourned at 7:48 p.m. in memory of Gus Newport, former Mayor of the City

of Berkeley, activist, and international promoter of community development. The next meeting

of the Board is scheduled for July 12, 2023 at 5:00 p.m.

Respectfully submitted,

/s/

Linda A. Nemeroff,

Board Administrative Officer/District Secretary