ALAMEDA-CONTRA COSTA TRANSIT DISTRICT

MINUTES

Board of Directors - Regular Meeting

CLOSED SESSION 4:00 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, April 26, 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 regular meeting on

Wednesday, April 26, 2023.

The meeting was called to order at 4:15 p.m. for the purpose of Closed Session. All Board

members were present, with the exception of Director Walsh who was absent. The Board

convened in Closed Session to discuss Items 8A-8D as listed on the agenda. Closed Session

concluded at 4:27 p.m.

President Young called the Board of Directors meeting to order at 5:01 p.m.

ROLL CALL

Present:

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

PRESENTATION

3.A. Consider adoption of Resolution No. 23-020 honoring Hugo Wildmann

on the occasion of his retirement from the AC Transit Retirement

Department.

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Presenter:

H. E. Christian Peeples, Director At-Large

Director Peeples presented the resolution and offered comments on Hugo Wildmann's

tenure as Retirement System Manager. Jeffrey Lewis, Chair of the Retirement Board,

was also in attendance and spoke of the working relationship with Mr. Wildmann over

the years as well as Mr. Wildmann's commitment and contributions in serving the

Retirement Board, retirees and employees.

There were no public comments offered on the presentation.

MOTION: PEEPLES/SHAW to adopt Resolution No. 23-020 honoring Hugo Wildmann on

the occasion of his retirement from the AC Transit Retirement Department. The motion

carried by the following vote:

Ayes:

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

PUBLIC COMMENT

[Written Comment received prior to the meeting is attached hereto as Exhibit A.]

Jane Kramer expressed appreciation to the Board and staff for their presentation and action

on Board matters at the previous Board meeting and noted that Board members must be

reactive and know their constituent's viewpoints.

Quella Thompson, President, AFSCME Local 3916, expressed appreciation for Hugo

Wildmann's career as Retirement System Manager.

MODIFICATIONS TO THE AGENDA

There were no modifications to the agenda.

CONSENT CALENDAR (AND CALL FOR PUBLIC COMMENT ON CONSENT ITEMS)

There were no public comments offered on the Consent Calendar.

MOTION: PEEPLES/McCALLEY to receive, approve, or adopt the items on the Consent Calendar

as indicated except for item 6.F., which was pulled off the Consent Calendar by Director Syed

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 April 12, 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 April 12,

2023. The motion carried by the following vote:

Ayes:

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

6.B. Consider receiving the Monthly Report on Investments for February

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2023.

Staff Contact:

Chris Andrichak, Chief Financial Officer

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

February 2023. The motion carried by the following vote:

Ayes:

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

6.C. Consider adoption of Resolution No. 23-022 authorizing the General

Manager, or his designee, to file and execute applications and funding

agreements with the Metropolitan Transportation Commission (MTC)

for Fiscal Year (FY) 2023-24 allocations of Transportation Development

Act (TDA), State Transit Assistance (STA), Assembly Bill 1107 (AB 1107)

and Regional Measure 2 (RM2) bridge toll revenues.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/McCALLEY to adopt Resolution No. 23-022 authorizing the General

Manager, or his designee, to file and execute applications and funding agreements with

the Metropolitan Transportation Commission (MTC) for Fiscal Year (FY) 2023-24

allocations of Transportation Development Act (TDA), State Transit Assistance (STA),

Assembly Bill 1107 (AB 1107) and Regional Measure 2 (RM2) bridge toll revenues. The

motion carried by the following vote:

Ayes:

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

6.D. Consider adoption of Resolution No. 23-014 authorizing the General

Manager or his designee to file and execute applications and funding

agreements with the California Department of Transportation

(Caltrans) for allocations of the FY 2022-23 Low Carbon Transit

Operations Program (LCTOP) funds for Tempo operating assistance

and the MacDonald Avenue Transit Signal Priority Phase 1 project to

provide Certifications and Assurances, and assign the General

Manager, or his designee, as the Authorized Agent for the LCTOP.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/McCALLEY to adopt Resolution No. 23-014 authorizing the General

Manager or his designee to file and execute applications and funding agreements with

the California Department of Transportation (Caltrans) for allocations of the FY 2022-23

Low Carbon Transit Operations Program (LCTOP) funds for Tempo operating assistance

and the MacDonald Avenue Transit Signal Priority Phase 1 project to provide

Certifications and Assurances, and assign the General Manager, or his designee, as the

Authorized Agent for the LCTOP. The motion carried by the following vote:

Ayes:

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

6.E. Consider authorizing the General Manager or his designee to file and

execute applications and funding agreements with the Department of

Homeland Security (DHS) for the Fiscal Year (FY) 2023 Transit Security

Grant Program (TSGP) to enhance the security of the District’s

operating divisions and administrative building by strengthening cyber

security.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/McCALLEY to authorize the General Manager or his designee to file

and execute applications and funding agreements with the Department of Homeland

Security (DHS) for the Fiscal Year (FY) 2023 Transit Security Grant Program (TSGP) to

enhance the security of the District’s operating divisions and administrative building by

strengthening cyber security. The motion carried by the following vote:

Ayes:

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

6.F. Consider authorizing the General Manager to execute an amendment

to Contract 2022-10480 with Herrig & Vogt, LLP adding $1,750,000 to

the contract and extending the term to December 31, 2024, for legal

services related to disputes and issues arising out of the construction

of the East Bay Bus Rapid Transit (BRT) Project.

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Staff Contact:

Jill A. Sprague, General Counsel/Chief Legal Officer

Item 6.F. was pulled off the Consent Calendar by Director Syed for clarification

regarding the legal fees stated in the staff report. There were no public comments

offered.

MOTION: PEEPLES/SHAW to authorize the General Manager to execute an amendment

to Contract 2022-10480 with Herrig & Vogt, LLP adding $1,750,000 to the contract and

extending the term to December 31, 2024, for legal services related to disputes and

issues arising out of the construction of the East Bay Bus Rapid Transit (BRT) Project.

The motion carried by the following vote:

Ayes:

YOUNG, SHAW, BECKLES, WALSH, McCALLEY, PEEPLES

SYED

Nayes:

6.G. Consider authorizing the General Manager to execute two one-year

contract options with Messer of North America, LLC; one for hydrogen

fuel supply and the other for maintenance services associated with the

District-operated hydrogen fuel stations.

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Staff Contact:

Salvador Llamas, Chief Operating Officer

MOTION: PEEPLES/McCALLEY to authorize the General Manager to execute two

one-year contract options with Messer of North America, LLC; one for hydrogen fuel

supply and the other for maintenance services associated with the District-operated

hydrogen fuel stations. The motion carried by the following vote:

Ayes:

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

6.H. Consider adoption of Resolution No. 23-023 authorizing the General

Manager, or his designee, to file and execute applications and funding

agreements, and certifications and assurances with the Metropolitan

Transportation Commission for the State of Good Repair (SGR)

Program to fund the purchase of fifty diesel buses.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

MOTION: PEEPLES/McCALLEY to adopt Resolution No. 23-023 authorizing the General

Manager, or his designee, to file and execute applications and funding agreements, and

certifications and assurances with the Metropolitan Transportation Commission for the

State of Good Repair (SGR) Program to fund the purchase of fifty diesel buses.The

motion carried by the following vote:

Ayes:

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

6.I.

Consider receiving the Semi-Annual Retirement Board Report.

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Staff Contact:

Damien Charléty, Retirement System Manager

MOTION: PEEPLES/McCALLEY to receive the Semi-Annual Retirement Board Report. The

motion carried by the following vote:

Ayes:

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

6.J.

Consider the adoption of Resolution 23-024 confirming the approval of

an extension of the 2020-2023 Collective Bargaining Agreement with

the American Federation of State, County and Municipal Employees

(AFSCME), Local 3916 through June 30, 2026.

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MOTION: PEEPLES/McCALLEY to adopt Resolution 23-024 confirming the approval of an

extension of the 2020-2023 Collective Bargaining Agreement with the American

Federation of State, County and Municipal Employees (AFSCME), Local 3916 through

June 30, 2026. The motion carried by the following vote:

Ayes:

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

REGULAR CALENDAR

External Affairs Items - Chair Peeples

7.A. Consider receiving the Monthly Legislative Report and approving

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legislative positions, if necessary.

Staff Contact:

Beverly Greene, Executive Director of External Affairs, Marketing &

Communications

[A letter from the Chair of the AAC dated February 17, 2023, was presented at the

meeting and is incorporated into the file by reference.]

External Affairs Representative Steven Jones presented the Staff Report and requested

that the Board approve staff's recommended legislative positions. There were no public

comments offered.

MOTION: SYED/YOUNG to receive the Monthly Legislative Report and approve support

positions on AB719, AB817, AB819, AB1379, SB434, and ACA1; approve a position to

support in concept AB1525; and take a watch position on AB761. The motion carried by

the following vote:

Ayes:

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

7.B. Consider the adoption of Resolution No. 23-021 suspending the AC

Transit Accessibility Advisory Committee (AAC) and direct the General

Manager to establish a committee to advise on accessible services

matters.

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Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

Board Administrative Officer/District Secretary Linda Nemeroff presented the Staff

Report.

PUBLIC COMMENTS:

Melissa Getz, Accessibility Advisory Committee Member, noted reasons to support the

resolution.

Warren Cushman commented on the importance of the Accessibility Advisory

Committee's work and expressed support of staff's proposal.

MOTION: YOUNG/SHAW to adopt Resolution No. 23-021 suspending the AC Transit

Accessibility Advisory Committee (AAC) and direct the General Manager to establish a

committee to advise on accessible services matters. The motion carried by the

following vote:

Ayes:

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

7.C. Consider receiving a report on customer feedback channels,

methodology, and implementation. [Requested by Director Walsh on

11/9/2022]

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Staff Contact:

Beverly Greene, Executive Director of External Affairs, Marketing &

Communications

Marketing and Communications Manager Nichelle Laynes presented the Staff Report.

There were no public comments were offered.

MOTION: YOUNG/SHAW to receive a report on customer feedback channels,

methodology, and implementation. The motion carried by the following vote:

Ayes:

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

Finance and Audit Items - Chair McCalley

7.D. Consider receiving a report on updated operating financial projections.

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Staff Contact:

Chris Andrichak, Chief Financial Officer

Chief Financial Officer Chris Andrichak presented the staff report. There were no public

comments offered.

MOTION: PEEPLES/YOUNG to receive a report on updated operating financial

projections. The motion carried by the following vote:

Ayes:

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

7.E. Consider receiving an overview of staff’s proposed FY 2023-24 Budget

Goals. [Continued from the March 22, 2023 Board of Directors

meeting.]

22-588b

Staff Contact:

Chris Andrichak, Chief Financial Officer

Director of Budget and Management Richard Oslund presented the staff report. There

were no public comments offered.

MOTION: YOUNG/PEEPLES to receive an overview of staff’s proposed FY 2023-24

Budget Goals.

AMENDED MOTION: WALSH/McCALLEY to receive an overview of staff's proposed FY

23-24 Budget Goals and replace "Maintain a positive and active position in the

community as an essential services for our most vulnerable riders" with "Maintain a

positive and active position in the community as an essential services for all riders and

the community". The motion to amend carried by the following vote:

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

MOTION AS AMENDED: YOUNG/PEEPLES to receive an overview of staff’s proposed FY

2023-24 Budget Goals and replace "Maintain a positive and active position in the

community as an essential services for our most vulnerable riders" with "Maintain a

positive and active position in the community as an essential services for all riders and

the community". The motion carried by the following vote:

Ayes:

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

Planning Items - Chair Syed

7.F. 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 Director of Legislative Affairs and

Community Relations Claudia Burgos presented the staff report. There were no public

comments offered.

MOTION: YOUNG/PEEPLES 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

Board Administrative Matters - President Young

7.G. Consider approving amendments to Board Policy 155 - Travel, Meeting

and Miscellaneous Expense Reimbursements for Directors and Board

Officers.

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Staff Contact:

Linda A. Nemeroff, Board Administrative Officer/District Secretary

[A news article concerning the recent vote by the San Francisco Board of Supervisors

lifting their travel ban was presented at the meeting and is incorporated into the file by

reference.]

Board Administrative Officer/District Secretary Linda Nemeroff presented the Staff

Report. There were no public comments offered.

MOTION: SHAW/McCALLEY to repeal the District’s travel ban and include information

from the Human Rights Campaign Municipal Equality Index in future travel

authorizations. The motion carried by the following vote:

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

Abstain: PEEPLES

MOTION: PEEPLES/BECKLES to continue the item and direct staff to bring it back at

their convenience with suggestions on how to incentivize the use of public transit in the

policy. The motion carried by the following vote:

Ayes:

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

CLOSED SESSION/REPORT OUT

General Counsel Jill Sprague reported out on the following:

MOTION: PEEPLES/McCALLEY to approve settlement in the amount of $200,000.00 in the

matter of Mills v. AC Transit, WCAB Case No. ADJ10634656. The motion carried by the

following vote:

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

Absent: WALSH

8.A. Conference with Legal Counsel – Existing Litigation

(Government Code Section 54956.9 (a))

Mills v. AC Transit, WCAB Case No. ADJ10634656, ACCT-026084 and ACCT-024465

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

AGENDA PLANNING

9.A. Review of Agenda Planning Pending List and Agenda Planning Request

23-028g

23-029g

Forms.

Staff Contact:

Linda Nemeroff, Board Administrative Officer/District Secretary

10.

11.

GENERAL MANAGER’S REPORT

10.A. General Manager’s Report for April 26, 2023.

The General Manager's Report was presented for information only.

BOARD/STAFF COMMENTS

(Government Code Section 54954.2)

Members of the Board commented on meetings and events they attended since the last Board

meeting.

12.

ADJOURNMENT

There being no further business to come before the Board of Directors, the meeting adjourned

at 7:17 p.m. The next meeting of the Board is scheduled for May 10, 2023, at 5:00 p.m.

Respectfully submitted,

/s/

Linda A. Nemeroff

Board Administrative Officer/District Secretary