ALAMEDA-CONTRA COSTA TRANSIT DISTRICT  
MINUTES  
Board of Directors - Regular Meeting  
CLOSED SESSION 3:45 PM (see Item 8 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, January 11, 2023 at 5:00 PM  
https://bit.ly/3kd7imG  
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  
1.  
CALL TO ORDER  
The Alameda-Contra Costa Transit District Board of Directors held a meeting on Wednesday,  
January 11, 2023, at 5:00 p.m.  
The meeting was called to order at 3:45 p.m. for the purpose of Closed Session. All Board  
members were present with the exception of Director Walsh who arrived at 4:15 p.m. The  
Board convened in Closed Session to discuss Items 8A-8E as listed on the agenda. Closed  
Session concluded at 4:46 p.m.  
President Young called the Board of Directors meeting to order at 5:01 p.m.  
2.  
3.  
ROLL CALL  
Present:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
PRESENTATION  
3.A. Consider adoption of Resolution No. 23-001 Honoring the Legacy and  
23-004  
Lifetime Achievements of Accessibility Pioneer Hale Zukas.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
The presentation was turned over to Director Peeples who gave an account of who Hale  
Zukas was as a person, a scholar and advocate and talked Mr. Zukas’ passion for  
accessibility and public transit. Portions of the resolution were also read into the record  
of the meeting.  
Public Comment:  
Eduardo Sanchez expressed praise and admiration for the life and achievements of  
Hale Zukas.  
MOTION: PEEPLES/SHAW to adopt Resolution No. 23-001 Honoring the Legacy and  
Lifetime Achievements of Accessibility Pioneer Hale Zukas. The motion carried by the  
following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
3.B. Presentation on the Metropolitan Transportation Commission’s  
Regional Network Management Short/Near-Term Framework and  
Proposed 180-Day Implementation Plan and Evaluation Framework.  
23-012  
Presenter:  
Alix Bockelman, Deputy Executive Director of Policy, Metropolitan  
Transportation Commission  
Ms. Bockleman gave the presentation and addressed clarifying questions from the  
Board concerning nuances of the proposal.  
Public Comment:  
George Spies expressed support of the proposed framework of the Metropolitan  
Transportation Commission's (MTC) Regional Network Management proposal and  
urged the Board to give its support as well.  
Adina Levin commented on the development of the framework for the MTC's Regional  
Network Management and noted current MTC actions and initiatives which move the  
Regional Network Management proposal forward.  
The matter was presented for information only.  
4.  
PUBLIC COMMENT  
Jane Kramer expressed concern that policy discussions at Board meetings act after the public  
input is provided and requested that the public be able to speak at end of Board discussion  
before the Board vote.  
Eduardo Sanchez commented on the District's vaccination requirement and asked the Board to  
end it.  
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: BECKLES/PEEPLES to receive, approve, or adopt the items on the Consent Calendar  
as indicated. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.A. Consider approving Board of Directors minutes of November 9, 2022.  
23-005  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: BECKLES/PEEPLES to approve the Board of Directors minutes of November 9,  
2022. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.B. Consider approving Board of Directors minutes of December 14, 2022.  
23-003  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: BECKLES/PEEPLES to approve the Board of Directors minutes of December 14,  
2022. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.C. Consider the adoption of Resolution No. 23-006 making the necessary  
findings and re-authorizing the AC Transit Board of Directors and all  
District Advisory, Oversight, and Inter-Agency Liaison Committees to  
22-053q  
hold remote teleconference meetings during a declared state of  
emergency, subject to the requirements of the Brown Act, through  
February 10, 2023.  
Staff Contact:  
Linda A. Nemeroff, Board Administrative Officer/District Secretary  
MOTION: BECKLES/PEEPLES to adopt Resolution No. 23-006 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 February 10, 2023. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.D. Consider receiving report on the Board Policies scheduled for review  
23-010  
and/or amendment during Calendar Year 2023.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
MOTION: BECKLES/PEEPLES to receive a report on the Board Policies scheduled for  
review and/or amendment during Calendar Year 2023. The motion carried by the  
following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.E. Consider adoption of Resolution No. 23-005 authorizing the General  
Manager, or his designee, to file and execute applications and funding  
agreements, and certifications and assurances with the California  
Department of Transportation for the 2023 Transit and Intercity Rail  
Capital Program (TIRCP) to fund the zero-emission buses and hydrogen  
fueling infrastructure at Division 6 in Hayward.  
23-007  
Staff Contact:  
Chris Andrichak, Chief Financial Officer  
MOTION: BECKLES/PEEPLES to adopt Resolution No. 23-005 authorizing the General  
Manager, or his designee, to file and execute applications and funding agreements, and  
certifications and assurances with the California Department of Transportation for the  
2023 Transit and Intercity Rail Capital Program (TIRCP) to fund the zero-emission buses  
and hydrogen fueling infrastructure at Division 6 in Hayward. The motion carried by the  
following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.F. Consider receiving the Semi-Annual Retirement Board Report.  
23-026  
Staff Contact:  
Hugo Wildmann, Retirement System Manager  
MOTION: BECKLES/PEEPLES to receive the Semi-Annual Retirement Board Report. The  
motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.G. Consider the adoption of Resolution No. 23-002 approving the revised  
classifications of Contracts Services Manager, Senior Contracts  
Specialist, Contracts Specialist, and Assistant Contracts Specialist.  
23-001  
Staff Contact:  
Sebron Flenaugh III, Executive Director of Human Resources  
MOTION: BECKLES/PEEPLES to adopt Resolution No. 23-002 approving the revised  
classifications of Contracts Services Manager, Senior Contracts Specialist, Contracts  
Specialist, and Assistant Contracts Specialist. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
6.H. Consider authorizing the General Manager to execute Easement  
Agreements with Pacific Gas and Electric Company (PG&E) for the right  
to enter the District’s facilities at Divisions 2, 4 and 6 from time to time  
to construct, reconstruct, install, inspect, and maintain PG&E owned  
equipment that services the District’s battery electric bus  
infrastructure.  
23-008  
Staff Contact:  
Ramakrishna Pochiraju, Executive Director of Planning & Engineering  
MOTION: BECKLES/PEEPLES to authorize the General Manager to execute Easement  
Agreements with Pacific Gas and Electric Company (PG&E) for the right to enter the  
District’s facilities at Divisions 2, 4 and 6 from time to time to construct, reconstruct,  
install, inspect, and maintain PG&E owned equipment that services the District’s  
battery electric bus infrastructure. The motion carried by the following vote:  
Ayes:  
YOUNG, SHAW, BECKLES, WALSH, SYED, McCALLEY, PEEPLES  
7.  
REGULAR CALENDAR  
Board Administrative Matters - President Young  
7.A. Consider report from the Nominating Committee and election of the  
23-002  
2023 Board President and Vice President.  
Presenter:  
Chair of the Nominating Committee  
Director McCalley, Chair of the Nominating Committee, reported that the Committee  
met and unanimously nominated Director Young as President and Director Shaw as Vice  
President for the reasons stated in the written report presented to the Board. No other  
nominations were offered. There was no public comment offered.  
MOTION: PEEPLES/SYED to approve the election of Director Joel Young as Board  
President and Director Diane Shaw as Vice President for 2023. The motion carried by  
the following vote:  
Ayes:  
YOUNG, SHAW, SYED, McCALLEY, PEEPLES  
Abstained: BECKLES, WALSH  
8.  
CLOSED SESSION/REPORT OUT  
General Counsel Jill Sprague reported out the following:  
MOTION: PEEPLES/McCALLEY to approve settlement in the matter of East v. AC Transit, WCAB  
Case Nos. ADJ10033876; ADJ9188707; ADJ9691210; ADJ8417026; ADJ11097510;  
ADJ12971377; ADJ12971377; and ADJ6993353, in the amount of $108,637.50 less advances for  
permanent disability of $15,080.00 and prior Award of $18,966.23 totaling $74,591.27 new  
money. 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))  
- Ernest East v. AC Transit, Workers’ Compensation Appeals Board Case Numbers:  
ADJ10033876; ADJ9188707; ADJ9691210; ADJ8417026; ADJ11097510; ADJ12971377;  
ADJ12971377; and ADJ6993353.  
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  
8.E. Threat to Public Services or Facilities  
(Government Code Section 54957(a)):  
Consultation with: Salvador Llamas, Chief Operating Officer.  
9.  
AGENDA PLANNING  
9.A. Review of Agenda Planning Pending List and Agenda Planning Request  
23-028  
Forms.  
Staff Contact:  
Linda Nemeroff, Board Administrative Officer/District Secretary  
The Agenda Planning request from Director Beckles was accepted as a briefing to the  
Board.  
10.  
11.  
GENERAL MANAGER’S REPORT  
10.A. General Manager’s Report for January 11, 2023  
23-029  
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 6:28 p.m. The next meeting of the Board is scheduled for January 25th at 5:00 p.m.  
Respectfully submitted,  
Linda A. Nemeroff  
Board Administrative Officer/District Secretary