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, June 22, 2022 at 5:00 PM  
https://bit.ly/3QGD6MK  
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,  
June 22, 2022, at 5:00 p.m.  
The meeting was called to order at 4:16 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 4:30 p.m.  
President Ortiz called the Board of Directors meeting to order at 5:02 p.m.  
2.  
3.  
ROLL CALL  
Present:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
PUBLIC COMMENT  
Eddie, D3 Facilities Mechanic, expressed views and criticism about Covid-19 vaccination  
efficacy and the Board’s vaccine mandate.  
Sultana Adams, D3 Operator, asked the Board to consider adding a Covid-19 testing option to  
the current mask mandate as an alternative service to District employees who have not gotten  
vaccinated.  
Troy Clark, D4 employee, expressed support and reasons for a testing option for District staff  
who have not been vaccinated for Covid-19.  
Connie McFarland expressed several benefits for the implementation of a Covid-19 testing  
option. McFarland added that the lack of a testing option adds to the Human Resources  
Department's challenge in hiring new employees.  
4.  
5.  
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.  
MOTION: YOUNG/PEEPLES to receive, approve or adopt the items on the Consent Calendar as  
indicated with the exception of Item No. 5.N. which was removed from the Consent Calendar  
by Director Beckles. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.A. Consider approving Board of Directors minutes of June 8, 2022.  
22-095  
MOTION: YOUNG/PEEPLES to approve the Board of Directors minutes of June 8, 2022.  
The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.B. Consider receiving the Retirement Board minutes of May 12, 2022.  
22-349  
MOTION: YOUNG/PEEPLES to receive the Retirement Board minutes of May 12, 2022.  
The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.C. Consider authorizing members of the Board of Directors to attend the  
National Association of City Transportation Officials’ (NACTO) 2022  
Designing Cities Conference on September 7-10, 2022 in Boston,  
Cambridge, and Sommerville, Massachusetts.  
22-371  
MOTION: YOUNG/PEEPLES to approve authorization of the members of the Board of  
Directors to attend the National Association of City Transportation Officials’ (NACTO)  
2022 Designing Cities Conference on September 7-10, 2022 in Boston, Cambridge, and  
Sommerville, Massachusetts. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.D. Consider authorizing the General Manager, or his designee, to submit  
project requests to the Alameda County Transportation Commission  
(ACTC) for the 2024 Comprehensive Investment Plan (CIP) and  
Metropolitan Transit Commission’s (MTC) One Bay Area Grant 3  
(OBAG 3) funding programs.  
22-353  
MOTION: YOUNG/PEEPLES to approve the authorization of the General Manager, or his  
designee, to submit project requests to the Alameda County Transportation  
Commission (ACTC) for the 2024 Comprehensive Investment Plan (CIP) and  
Metropolitan Transit Commission’s (MTC) One Bay Area Grant 3 (OBAG 3) funding  
programs. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.E. Consider receiving the Monthly Report on Investments for March  
22-354  
2022.  
MOTION: YOUNG/PEEPLES to receive the Monthly Report on Investments for March  
2022. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.F. Consider receiving the Bi-Monthly budget update for the period of July  
22-355  
2021 through April 2022 of FY 2021-22.  
MOTION: YOUNG/PEEPLES to receive the Bi-Monthly budget update for the period of  
July 2021 through April 2022 of FY 2021-22. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.G. Consider review of Board Policy 322 - Reserve Policy with no  
22-278  
amendments.  
MOTION: YOUNG/PEEPLES to receive the review of Board Policy 322 - Reserve Policy  
with no amendments. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.H. Consider approving the award of a firm-fixed-price construction  
contract to Ray’s Electric of Oakland, California for $2,691,330 for the  
construction of the battery-electric bus infrastructure and installation  
20-380b  
of the battery-electric bus chargers at Division 2 Emeryville.  
MOTION: YOUNG/PEEPLES to approve the award of a firm-fixed-price construction  
contract to Ray’s Electric of Oakland, California for $2,691,330 for the construction of  
the battery-electric bus infrastructure and installation of the battery-electric bus  
chargers at Division 2 Emeryville. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.I.  
Consider approving the award of six contracts for Temporary  
22-358  
Personnel Placement Services (as outlined in the staff report), each  
with an initial base period of three-years with two one-year options to  
extend the contract, up to a cumulative maximum term of five-years.  
MOTION: YOUNG/PEEPLES to approve the award of six contracts for Temporary  
Personnel Placement Services (as outlined in the staff report), each with an initial base  
period of three-years with two one-year options to extend the contract, up to a  
cumulative maximum term of five-years. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.J.  
Consider the adoption of Resolution 22-025 approving the new  
classification of Procurement & Materials Analyst and the revised  
classifications of Director of Procurement and Materials Management  
and Assistant Director of Procurement and Materials Management.  
22-356  
MOTION: YOUNG/PEEPLES to approve the adoption of Resolution 22-025 approving the  
new classification of Procurement & Materials Analyst and the revised classifications of  
Director of Procurement and Materials Management and Assistant Director of  
Procurement and Materials Management. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.K. Consider authorizing the General Manager to bind the District’s  
2022-2023 Commercial Property Insurance and Deadly Weapons  
Response insurance programs.  
22-309  
MOTION: YOUNG/PEEPLES to approve authorization of the General Manager to bind  
the District’s 2022-2023 Commercial Property Insurance and Deadly Weapons Response  
insurance programs. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.L.  
Consider approving the District’s participation in Phase I of the  
Metropolitan Transportation Commission’s Regional Institutional Pass  
Pilot Program.  
22-352  
[Written comment received prior to the meeting is incorporated into the file by  
reference.]  
MOTION: YOUNG/PEEPLES to approve the District’s participation in Phase I of the  
Metropolitan Transportation Commission’s Regional Institutional Pass Pilot Program.  
The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.M. Consider authorizing the General Manager to negotiate and execute  
multiple sole source contracts with GIRO, Inc. for Hastus Software  
Licenses, Professional Services for Hastus upgrade, and Cloud Hosting  
Services.  
22-370  
MOTION: YOUNG/PEEPLES to approve the authorization of the General Manager to  
negotiate and execute multiple sole source contracts with GIRO, Inc. for Hastus  
Software Licenses, Professional Services for Hastus upgrade, and Cloud Hosting  
Services. The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.N. Consider extending the current contract with the Contra Costa Sheriff  
21-360a  
for six months from July 1 to December 31, 2022.  
Director Beckles removed Item 5.N. from the Consent Calendar to inquire about the  
status of the audit with regard to the scope and timing for completion. Staff reported  
that the procurement process did not yield any bidders and that the audit would  
instead be handled by the District’s external audit firm, Crowe. Director Walsh  
requested that matters concerning the Sheriff’s contracts be placed on the regular  
calendar in the future due to their importance and sensitivity.  
There were no public comments offered.  
MOTION: PEEPLES/YOUNG to approve the extension of the current contract with the  
Contra Costa Sheriff for six months from July 1 to December 31, 2022. The motion  
carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
5.O. Consider the adoption of Resolution No. 22-026 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  
July 22, 2022.  
21-053l  
MOTION: YOUNG/PEEPLES to approve the adoption of Resolution No. 22-026 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 July 22, 2022. The motion carried by the  
following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
6.  
REGULAR CALENDAR  
External Affairs Items - Chair Peeples  
6.A. Consider receiving the Monthly Legislative Report and approval of  
22-116  
legislative positions.  
[Written comment received prior to the meeting is incorporated into the file by  
reference.]  
External Affairs Representative Steven Jones presented the staff report. He added that  
in addition to the recommendations outlined in the report, staff was also  
recommending a change in position to SUPPORT on AB 919 and SB 1161.  
Public Comment:  
Public Speakers expressed support, appreciation, and enthusiasm for the District's work  
on SB917 (Seamless Transit Transformation Act), and other state legislation. Public  
Speakers included:  
Adina Levin, Seamless Bay Area  
David Sorrell, Association for Community Transportation-Northern CA Chapter  
John Minot, East Bay Transit Riders Union  
Board Discussion:  
With regard to staff’s reporting on another regional measure, President Ortiz suggested  
that staff keep a close eye on regional proposals as they may change significantly when  
they go to the legislature, citing the example of Regional Measure 3 which was initially  
proposed to only give $50 million to AC Transit while other transit agencies were  
proposed to receive significantly more. President Ortiz advised that it was her advocacy  
efforts in Sacramento and with local legislators that led to the District receiving $260  
million.  
Director Walsh asked if the potential administrative burdens of SB 1230 warranted a  
SUPPORT IF AMENDED position instead of the current WATCH position. Mr. Jones  
explained that in the interest of making sure the District is not overly burdened, staff  
wanted to continue to track the bill, saying that a WATCH position was the appropriate  
position at this point. He added that there were also concerns about funding. President  
Ortiz asked what amendments could be made to change the District’s position. Mr.  
Jones advised that AC Transit sent a letter to the legislature indicating AC Transit’s  
support in concept for the bill but remained concerned about the statewide application  
and administration of the program particularly with the purchase of transit passes. He  
added that if the local air district is not responsible for administering the program,  
there is a concern that those administrative burdens might be placed on transit  
operators. These concerns were shared with the author of the bill.  
Director Walsh further commented on SB 917, conveying her understanding that there  
had been recent amendments and wanted to know when staff would be able to brief  
the Board on those amendments. Mr. Jones advised that staff would prioritize its  
review of the amendments and report back to the Board. He added that ultimately the  
bill needed to protect AC Transit’s interests and the communities it serves. Director  
Walsh hoped the District could move to a support position based on the recent  
amendments. President Ortiz shared that the BART Board was expected to support the  
bill but wanted to know the position of the other 12 transit agencies involved. Mr.  
Jones reported that the Napa Valley Transportation Authority is supporting the  
legislation along with BART, but he was unaware of any other transit agencies that have  
expressed support.  
A motion was made by Director Shaw and seconded by President Ortiz to receive the  
report and approve staff’s recommendations, including the change to a SUPPORT  
position on AB 919 and SB 1161.  
Director Walsh offered an amendment to the motion to include a report back from  
staff on the amendments to SB 917 at the next Board meeting. The amendment was  
accepted. Chair Peeples noted that he recently spoke on his own behalf at the Senate  
Transportation Committee meeting and was the sole speaker against SB 917, saying  
that what he really wanted to know was how much service AC Transit would need to  
cut in order to provide service to counties that are unwilling to support transportation.  
He added that at this point in the legislative process, critical pieces of legislation come  
back to the Board fairly quickly.  
MOTION: SHAW/ORTIZ to receive the report and approve staff’s recommendations,  
including the change to a SUPPORT position on AB 919 and SB 1161. Staff is to report  
back on recent amendments to SB 917 at the next meeting. The motion carried by the  
following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
Planning Items - Chair Beckles  
6.B. Consider receiving a report on AC Transit’s Zero Emission Transit Bus  
Technology Analysis covering a performance period from July to  
December 2021.  
22-308  
Director of Project Controls and Systems Analysis William Tonis presented the staff  
report.  
There were no public comments offered.  
Board Discussion:  
Director Peeples congratulated the staff on the effort and the quality of work that has  
gone into the study.  
Director Shaw asked about issues related to batteries and chargers, characterizing them  
as growing pains of the new technology but wanted to know if the staff had a sense of  
direction as to what is rising as the preferred technology. Director Shaw also asked if  
the staff’s intervention in addressing the issues would increase the actual costs of the  
technologies. Staff would continue to evaluate the performance and report on the ZEB  
Technology analysis.  
Vice President Young asked why the legacy fuel-cell busses were included in the report  
as they appear to be the worst-performing. Vice President Young also wanted to know  
if staff had observed a difference in the degradation of batteries across different  
technologies. Vice President Young thanked the staff for their leadership in the field.  
President Ortiz asked staff to forward the report to the U.S. Department of Energy as  
they were interested in it.  
MOTION: PEEPLES/YOUNG to receive a report on AC Transit’s Zero Emission Transit Bus  
Technology Analysis covering a performance period from July to December 2021. The  
motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
6.C. Consider approving the AC Transit Zero Emission Bus Transition Plan.  
22-319  
Chief Operating Officer Salvador Llamas presented the report.  
There were no public comments offered.  
Board Discussion:  
Director Shaw commented about the funding for the District's zero-emission bus (ZEB)  
infrastructure and thought that the availability of funding might dictate the  
composition of the fleet. Looking at the costs of battery-electric versus fuel-cell  
infrastructures, Director Shaw felt that the fuel-cell technology might prevail because  
its infrastructure costs are lower. Chief Operating Officer Salvador Llamas advised that  
the lack of infrastructure funding, specifically the charging infrastructure, is holding the  
District back from deploying more zero-emission busses because the District's charging  
facilities are at capacity. He agreed that investment in infrastructure would expedite  
the transition to zero-emission fleet. Mr. Llamas also clarified that the costs presented  
in the report include the costs of future facility upgrades that would need to follow the  
bus technology upgrades.  
Director Peeples thanked the staff for their work and for presenting the transition plan  
and made a motion to approve the AC Transit Zero Emission Bus Transition Plan as  
presented. Further discussion ensued.  
Vice President Young thanked the staff for their effort on the path to meeting the  
District’s zero-emission goals and asked if there was a clear picture of the fleet  
technology ratio at the end of the transition in 2040. Mr. Llamas explained that aside  
from trying to balance the 70% to 30% split between the fuel-cell and battery electric  
busses, it was too early to tell because of variables such as clean corridors, facility  
footprints, deployment capacities, and staffing.  
Vice President Young further commented that the ZEB fleet composition has changed  
from mostly battery-electric to 70%fuel-cell and asked what has contributed to the shift  
in the ratio. Mr. Llamas explained that the fuel cell technology has proven to be more  
responsive to the demands of the community in the past several years because the  
hydrogen buses would refill faster and be available almost immediately.  
President Ortiz commented that the Federal Government is focused on providing  
funding for the battery-electric technology and assumed that the funding for that  
infrastructure would be available to the District.  
Director Beckles commented that for the public's interest, the report should have  
included a visual presentation.  
Vice President Young seconded the motion on the floor.  
MOTION: PEEPLES/YOUNG to approve the AC Transit Zero Emission Bus Transition Plan.  
The motion carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
Operations Items - Chair Young  
6.D. Consider approving amendments to Board Policy 471- Cancellation of  
Scheduled Service Policy [Continued from the April 13, 2022 Board of  
Directors meeting].  
22-194a  
Director of Transportation Derik Calhoun presented the staff report.  
There were no public comments offered.  
Director Walsh commented on the need to minimize cancelled service and went on to  
share her thoughts regarding some of the changes to the policy:  
1) In the Purpose Section, Director Walsh suggested that language stricken from the  
policy be retained concerning the impact and inconvenience of cancelled service to the  
rider (last sentence).  
2) With regard to Transbay versus Local Service Cancellation Priority, Director Walsh  
pointed out that the policy appears to consider overall ridership, but noted that some  
Transbay lines, such as Line F, have seen a return of nearly 80% of pre-pandemic  
ridership. She added that she would not want to cancel a transbay bus with 50 riders  
over a local bus with 15-minute service and fewer riders and asked if this would happen  
if staff’s recommendations were adopted. Mr. Calhoun advised that staff considers the  
highest ridership first and strives not to cancel service, but the policy change would  
prioritize local service over transbay. Director Walsh also felt the policy should focus  
more on ridership and frequency and less on riders’ racial background.  
3) Director Walsh suggested that the District not cancel any service that runs less  
frequently than 30 minutes.  
4) Director Walsh suggested a clarification to Section VI.A.7 to reflect that two or more  
trips in a row shall not be cancelled.  
5) Director Walsh believed that the scope of the General Manager’s authority granted  
by the policy was too broad and suggested that the Board receive notice when the  
General Manager is not following the policy.  
Chair Young suggested that Director Walsh edit the policy and present it to the Board.  
Director Walsh requested that staff take her suggested changes and return to the Board  
at a later date with an amendment and would motion same at the appropriate time.  
Director Shaw agreed with most of the changes but felt any changes to the General  
Manager’s authority to adjust service during an emergency or when ridership patterns  
change was an overreach. President Ortiz agreed. General Manager Hursh appreciated  
the support to retain his authority and gave the example of the Warriors parade where  
there was a need to run additional service.  
Director Shaw thought that supplementary service should be the only service that is not  
cancelled.  
Director McCalley agreed with most of the comments but did not want to  
micromanage. He asked if there was a way to receive a report on cancelled service.  
Mr. Hursh advised that staff was working on a report and more information on missed  
service would be provided in the Quarterly Operations Performance Report.  
Director Walsh believed that the Board should know about instances when policy was  
not being followed. President Ortiz explained that flexibility is being given to the  
General Manager to act appropriately when he needs to cancel service and that the  
Board was not responsible for operating the agency. Director Peeples added that the  
Board is making a general statement of what the policy should be and that it was the  
General Manager’s job to respond when there is an accident, fire or emergency, not the  
Board and not a Board member. Director Walsh withdrew her suggested amendment  
with respect to this area of the policy.  
Director Beckles agreed with the language of the amendment pertaining to the General  
Manager’s authority proposed by staff but also supported the other amendments  
suggested by Director Walsh.  
Director Walsh offered an additional amendment to Section 2, Persons Affected, to say:  
“Anyone riding, managing, or operating AC Transit’s service.”  
President Ortiz motioned the approval of staff’s amendments to the policy, and it was  
seconded by Director Shaw.  
A Substitute Motion was offered by Director Walsh and was seconded by Director  
Beckles.  
SUBSTITUTE MOTION: WALSH/BECKLES to approve the policy with the following  
changes:  
1) Section I. Purpose - to retain the language regarding minimizing impacts and  
inconvenience to the rider (last sentence).  
2) Section II, Persons Affected, amended to read: “Anyone riding, managing, or  
operating AC Transit’s service.”  
3) Section IV.A.4. amended to read: “Service that runs 30 minutes or longer shall not  
be cancelled.  
4) Section IV.A.7. to update the language to add clarify.  
5) Section V. General Manager's Authority: to accept the changes recommended by  
staff.  
The motion carried by the following vote:  
Ayes:  
Beckles, Walsh, McCalley, Shaw  
Ortiz, Young, Peeples  
Nayes:  
Board Administrative Matters - President Ortiz  
6.E. Consider receiving a report on ways to alleviate the number of agenda  
planning items requested of staff and provide direction with respect to  
amending the current policy. [Requested by Vice President Young -  
9/22/21]  
22-324  
District Secretary Linda Nemeroff presented a report on ways to alleviate the number  
of agenda planning requests and provided staff’s suggestions for modifying the Board  
Policy. She added that staff would take the feedback provided by the Board and use it  
to draft an amendment to the policy that would be presented to the Board at a future  
meeting for consideration.  
Public Comment:  
John Minot, East Bay Transit Riders Union, noted that agenda planning requests do  
create a large amount of work for staff, but that this work is needed for the Board to  
have adequate information for deliberative discussion.  
Sultana Adams echoed the sentiment of Minot and Jovanka Beckles, stating that facts  
need to be compiled for debate.  
Board Discussion:  
Vice President Young explained his request for this item to be brought to the Board for  
discussion in response to comments and concerns received over an extended period of  
time from staff regarding their observations about agenda planning.  
General Manager Michael Hursh noted that staff faces unprecedented challenges in  
performing their duties during a period that includes a pandemic and staffing  
challenges and asked the Board to recognize the challenge of completing an increasing  
number of agenda planning requests while managing District operations.  
President Ortiz commented on the need for Board members to provide clarity up front  
in order to minimize the need for additional instructions with respect to their agenda  
planning requests, adding that care should be taken by Board members not to make  
agenda planning requests that intrude into District operations, which is outside of the  
purview of the Board.  
Director Shaw recognized the observations of the staff on this matter and agreed that  
advanced staff discussion would help clarify a Board member's request prior to  
submission. Director Shaw found the idea of placing follow-up matters in the General  
Manager's Report acceptable.  
Director Beckles expressed concern about the recommendation that agenda planning  
requests must be endorsed by four (4) board members, "to ensure that a request has  
the interest of the majority of the Board". Director Beckles noted that such a condition  
represents a Board vote to control whether the Board will even take up a topic before it  
can be discussed as a group.  
Director Walsh presented ideas on this matter, including the need for clarity of  
communication, perhaps including direct communication between the Board and staff.  
Director Walsh advocated for staff flexibility in prioritizing agenda planning reports with  
their District duties, saying that the Board should discuss developing solutions that do  
not overburden staff by recognizing their limitations in order to achieve a better  
working relationship between staff and the Board.  
Director Walsh suggested that some reports should be designed as "routine reports"  
which would regularly come to the Board and would inclusively answer Board questions  
that otherwise would be made as agenda requests. Director Walsh added that some  
reports should occur automatically, such as the results of a pilot program which would  
describe, "what happened, what did we learn, and how do we proceed?" Also, Director  
Walsh recommended including a report of how much staff time is needed to complete  
an agenda request and continue reporting agenda requests by department rather than  
by Board member.  
Director McCalley commented that a distinction would need to be made between an  
AP request or just a “question” for clarification. This would help ascertain a need to for  
staff to devote resources to reply with a Staff Report or an email reply.  
Vice President Young suggested that the development of a policy whereby the Board is  
copied on communications between the staff and the Board.  
6.F. Discussion regarding agenda items for the annual joint meeting  
between the Board of Directors and Accessibility Advisory Committee  
and approve the draft agenda.  
22-365  
District Secretary Linda Nemeroff gave an overview of the draft agenda for the annual  
joint meeting.  
There were no public comments offered.  
Director Walsh requested that a discussion about the roles and responsibilities of the  
Committee be added to the agenda. No other items were requested.  
MOTION: PEEPLES/SHAW to approved the draft agenda with the inclusion of an  
additional item regarding the role and responsibilities of the Committee. The motion  
carried by the following vote:  
Ayes:  
Ortiz, Young, Beckles, Walsh, McCalley, Shaw, Peeples  
6.G. Update on the activities of the Special Limited-Purpose Board Officer  
22-393  
Evaluation and Compensation Committee. (verbal)  
Committee Chairperson McCalley presented a status report on the activities of the  
Special Limited-Purpose Board Officer Evaluation and Compensation Committee.  
7.  
CLOSED SESSION/REPORT OUT  
There was nothing to report out of closed session.  
7.A. Conference with Legal Counsel – Existing Litigation  
(Government Code Section 54956.9 (a))  
• Bridgette Toles v. AC Transit, WCAB Case No. ADJ8691354  
7.B. Conference with Legal Counsel – Potential Litigation (Two Cases)  
(Government Code Section 54956.9(b))  
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 at least one other Director.  
8.A. Review of Agenda Planning Pending List.  
22-065k  
Director Beckles requested that the Board consider approving a COVID testing option  
for unvaccinated employees at the next meeting. (Director Walsh concurred)  
President Ortiz requested a letter in support of the Lakehouse Housing Project on the  
East 12th Street Project. (Peeples concurred)  
President Ortiz requested an update of the classification specifications for the Board  
Officers. (Young concurred)  
Vice President Young requested a review of the safety procedures at Board meetings,  
facilities and District offices to evaluate the existing procedures and consider any  
suggestions for improvement of safety. (Ortiz concurred)  
9.  
GENERAL MANAGER’S REPORT  
9.A. General Manager’s Report for June 22, 2022.  
The report was provided for information only.  
22-041k  
10.  
11.  
BOARD/STAFF COMMENTS  
(Government Code Section 54954.2)  
Members of the Board commented on the events they attended since the last Board Meeting.  
ADJOURNMENT  
There being no further business to come before the Board of Directors, the meeting adjourned  
at 7:36 p.m. The next meeting of the Board is scheduled for July 13, 2022, at 5:00 p.m.  
Respectfully submitted,  
/s/  
Linda A. Nemeroff  
District Secretary