MINUTES OF THE REGULAR MEETING OF THE NORTH COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS HELD NOVEMBER 17, 2016

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1 MINUTES OF THE REGULAR MEETING OF THE NORTH COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS HELD NOVEMBER 17, 2016 CALL TO ORDER Mark Packard, Board Chair, called the regular meeting to order at 2:00 p.m. ROLL CALL OF BOARD MEMBERS 1. Mark Packard (City of Carlsbad); 2. Don Mosier (City of Del Mar); 3. Tony Kranz (City of Encinitas); 4. Ed Gallo (City of Escondido); 5. Chuck Lowery (City of Oceanside); 6. Rebecca Jones (City of San Marcos); 7. Bill Horn (County of San Diego); 8. Mike Nichols (City of Solana Beach); 9. John Aguilera (City of Vista). PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG Board member Horn led the Pledge of Allegiance to the American Flag. SAFETY BRIEF Anthony Flores, Clerk of the Board, provided a presentation on emergency evacuation procedures. CHANGES TO THE AGENDA Anthony Flores, Clerk of the Board, informed the Board that an adjustment was made to the dollar amount in Agenda Item 19 to reflect the submitted cost proposal, and an errata sheet was provided to the Board and the public that reflected the change. PUBLIC COMMUNICATIONS Terry Kane, Public Speaker, reiterated comments he made at the previous Board Meeting on October 20, 2016 in regard to NCTD spraying herbicide in the four (4) block area between Oceanside Boulevard and Wisconsin Avenue. Mr. Kane stated that his wife s disability problems, quality of life, and health have been adversely affected. Further, Mr. Kane stated that the equipment used for the on-going construction work in the same area stirs up the sprayed herbicide, which in turn affects his wife s health. Mr. Kane stated that he would appreciate the consideration of potential options for weed abatement in documents he previously submitted.

2 APPROVAL OF MINUTES OF THE OCTOBER 20, 2016 REGULAR BOARD MEETING ON THE MOTION OF BOARD MEMBER MOSIER TO APPROVE THE MINUTES OF OCTOBER 20, 2016, SECONDED BY BOARD MEMBER KRANZ. AYES: NOES: ABSENT: ABSTAIN: PACKARD, MOSIER, KRANZ, NICHOLS, LOWERY, GALLO, HORN, AGUILERA, JONES MOTION CARRIES. CONSENT ITEMS 1. Receive Monthly Intergovernmental Affairs Report 2. Receive Quarterly Transit Enforcement Report 3. Receive Quarterly Safety Division Report 4. Approve Annual Performance Evaluation and Compensation Per Employment Agreement: Executive Director 5. Approve Calendar Year 2017 Nominating Committee for Board Chair and Vice-Chair 6. Award Contract No to Tristar Insurance Group for Workers Compensation Program Administration Services 7. Award Contract No to Singh Group, Inc. for System-Wide Landscape Maintenance Services 8. Award Contract No to Agricultural Pest Control Services for System-Wide Pest Control 9. Award Contract No to Cannon Pacific Services, Inc. for System-Wide Parking Lot Sweeping Services 10. Award Contract No to Aztec Landscape, Inc./Aztec Janitorial for Janitorial Services at NCTD General Administrative Office and Tremont Facilities 11. Award Contract No to Johnson Controls for System-Wide Heating, Ventilation, Air Conditioning, and Refrigeration Maintenance Services 12. Authorize the Executive Director to Finalize and Execute an Exhibit A for the Replacement of the Bus Wash at the West Division Facility Pursuant to the First Amended and Restated Addendum 18 to the Master Memorandum of Understanding Between the San Diego Association of Governments, San Diego Metropolitan Transit System, and North County Transit District 13. Award Contract No to Jennett Company. for Stuart Mesa COASTER Fall Protection System Installation Services 14. Authorize the Executive Director to Finalize and Execute an Exhibit A for The Oceanside Station Pass-Through Track Project Pursuant to the First Amended and Restated Addendum 18 to the Master Memorandum of Understanding Between the San Diego Association of Governments, San Diego Metropolitan Transit System, and North County Transit District 15. Authorize Issuance of a Purchase Order to Dion International Trucks LLC for the Purchase of One Dump Bed Truck Page 2 of 8

3 16. Authorize the Executive Director to Execute Task Order No. 4 to Contract No to Bombardier Transportation (Holdings) USA, Inc. for the Rebuild of Three (3) Head End Power Engine/Generators 17. Authorize the Executive Director to Execute Task Order No. 3 under Contract No to Bombardier Transportation (Holdings) USA, Inc. for Positive Train Control Testing Support 18. Authorize the Executive Director to Execute Sole Source Contract No with HNTB Corporation for Positive Train Control Program Management 19. Authorize the Executive Director to Execute Sole Source Contract No with Dilax Systems, Inc. for Automatic Passenger Counter System Maintenance Services and Training 20. Adopt Resolution No Certifying North County Transit District Incumbents Authorized to Take the Necessary Actions and Execute the Necessary Documents Related to the Bank of New York Mellon Trust 21. Authorize the Executive Director to Execute Supplemental Agreements to Contract Nos and with Bombardier Transportation (Holdings) USA, Inc. to Restructure the Indemnification and Insurance Provisions 22. Receive the Quarterly Positive Train Control Report ON THE MOTION OF VICE-CHAIR JONES TO APPROVE CONSENT ITEMS 1 THROUGH 22, SECONDED BY BOARD MEMBER AGUILERA. AYES: NOES: ABSENT: ABSTAIN: PACKARD, MOSIER, KRANZ, NICHOLS, GALLO, LOWERY, JONES, HORN, AGUILERA MOTION CARRIES. OTHER BUSINESS 23. Authorize the Executive Director to Pay the Insurance Premium for the Purchase of the District's Comprehensive General Liability Policy for 2017 Lori A. Winfree, General Counsel, made a presentation to the Board of Directors recommending payment of the Insurance Premium for the Purchase of the District's Comprehensive General Liability Policy for ON THE MOTION OF BOARD MEMBER HORN TO APPROVE AGENDA ITEM 23, SECONDED BY BOARD MEMBER GALLO. AYES: NOES: ABSENT: ABSTAIN: PACKARD, MOSIER, KRANZ, JONES, NICHOLS, LOWERY, GALLO, HORN, AGUILERA MOTION CARRIES. Page 3 of 8

4 24. Receive a Report on ADA Paratransit Program Management, and Authorize the Executive Director to Enter Into a Sole Source Agreement with Trapeze Software, Inc. for the Purchase of Trapeze PASS Modules and Implementation Services Damon Blythe, Deputy Chief of Transit Operations Planning, provided the Board with a presentation on the ADA Paratransit Program Management and potential purchase of Trapeze Software modules. Mr. Blythe gave a brief overview of the ADA Paratransit service and requirements thereto. Mr. Blythe explained that there are two pieces to NCTD s ADA Program, the first being the eligibility certification currently done by ADA Ride, and the second is the actual service, LIFT, which is operated by First Transit whose contract expires on June 30, He noted that procurement of a new contract to operate the LIFT service is currently in progress. Mr. Blythe reviewed data regarding currently eligibility status, and stated that both ridership and costs have increased from previous years. He then reviewed strategies that NCTD has developed that should support the rider experience, improve operational efficiencies and contain costs. Mr. Blythe went over the three (3) modules that are being proposed for purchase, noting they will allow additional flexibility over the current Trapeze software used, including possibly brokering of rides to Uber, Lyft and taxi cabs. Board Member Aguilera asked if Uber, Lyft and taxi cabs need to have Trapeze, as well. Mr. Blythe stated they would not, but that they would need to sign up to receive the service. He stated that this would enable NCTD to broker rides to them because the fare is already taken care of through one of the new proposed Trapeze modules. Vice-Chair Jones inquired if a doctor would be performing the paratransit certification. Mr. Blythe informed the Board that the District intends to solicit a contract for a firm that would conduct the functional assessment. They would need to demonstrate how they are qualified to do the assessments, which may include therapists, doctors, and other medical professionals. Matthew O. Tucker, Executive Director, stated that there is an Easter Seal s approach to the District s RFP which is a best model practice for conducting assessments to determine functional capabilities. Board Member Aguilera requested clarification of how trip-by-trip eligibility would be assessed. Mr. Blythe informed the Board that it refers to a rider s inability to make certain trips using fixed route, and that a team of qualified individuals will take the required steps, which include requesting information from the requestor s doctor, to determine the disability. He added that the District is recommending the hybrid model be used for two (2) years, with an assessment being done at the end of 18 months to determine whether to continue with that model. Mr. Tucker referred back to Board Member Aguilera s trip-by-trip eligibility question to ensure it was fully addressed, and he provided further explanation. Mr. Blythe added that when a passenger calls in to reserve a trip, any trip-by-trip eligibility information is presented to the scheduler so that they know what the conditions are. Board Member Aguilera confirmed he understood the clarification. Mr. Blythe informed the Board of a San Diego Metropolitan Transit System (MTS) partnership that was implemented in August, 2015 to facilitate the trips surrounding the Veterans Administration Hospital service area. He noted that to date, this program has been helpful in improving service efficiencies. Mr. Blythe stated that the staff recommendation is that the Board receive the report regarding the Paratransit Program Management and authorize the Executive Director to enter into a sole source agreement with Trapeze for the purchase of DriverMate, Certification and Suspension Modules, and Implementation Services in an amount not-to-exceed $415,420. Page 4 of 8

5 Mr. Tucker asked Mr. Blythe to return to the slide which contains the costs of the modules. Mr. Tucker highlighted the items that are one-time costs, and pointed out that beginning in the second year of the contract, the annual on-going costs would be $30,000 should the District choose to have maintenance services available for the system. Board Member Gallo asked if the purpose of modules is to improve efficiencies, and if that included lower program costs. Mr. Blythe confirmed that purpose was to improve efficiencies. Mr. Tucker explained that this is about effective program management, gaining control over the data, and making sure the systems are set up in compliance with the contract. Mr. Tucker also mentioned to the Board that when the contract goes out to bid, the District would be subject to paying the profit and overhead associated with this software for the entire 17 years life of it inasmuch as it would be included in the contractor s bid costs should the District choose not to move forward with the purchase. Mr. Tucker went on to describe the different modules to the Board as follows: DriverMate System would move the District away from paper manifests and allows the District to know exactly where the driver is, have real accurate accounting of on time performance associated with the operator, as well as real time booking and scheduling efficiency. The PASS Certification and Suspension Modules are associated with ADA requirements and ensures that the District is both meeting and managing the suspension policy which is important from a regulatory standpoint. PASS-IVR and PASS-Web would help manage incoming trip booking and/or cancellation calls, as well as allow customers to go on-line to do these tasks. The TripBroker module ties into both the Paratransit and the FLEX programs. The District also wants to introduce the TNC models use of taxicabs, FACT, Uber and Lyft, and is looking to roll out a pilot program with Uber in January. This will help the District drive down the costs and the subsidies associated with providing trips in the FLEX zones. EZWallet allows the District to cross platforms with the different providers. All of the modules working together will bring cost efficiencies, improve customer riding experience, and fit the market needs. Board Member Gallo asked if the TripBroker module would be the most efficient method for the District. Mr. Tucker clarified that the EZWallet module would be the most efficient because the platform allows it to open up to Uber, Lyft, and taxicabs; it s a payment system that customers can have an account balance so when they book a trip it accounts to that particular company. Board Member Gallo then asked if by using alternates, such as Uber and Lyft, the rides would be more expensive for the District or whether it would save money. Mr. Tucker informed the Board that it should money but that they cannot be used for every single trip, especially because Uber and Lyft are not ADA compliant. He stated that Carlsbad and Solana Beach were used within the FLEX zone to run preliminary numbers, and it appears there could be a potential 30-40% cost savings for the District to transition to that model. Mr. Tucker noted the District is in the process of planning for service changes sometime in calendar year 2017 where some of the services will be streamlined into a different more cost effective business model. Board Member Gallo asked if the 160% increase in cost in the past four years reflected in slide 5 was due to over-regulation. Mr. Blythe informed the Board that part of the increase between 2014 and 2015 was that the District previously used a pure brokerage model in FY 12, FY 13, and FY 14. Mr. Tucker clarified that in FY 12 NCYD s costs for paratransit decreased significantly. He noted that in FY 15 NCTD s provider, American Logistics, left the business in California, and NCTD transitioned to the current Page 5 of 8

6 provider. Mr. Tucker stated that while that transition accounts for some of the cost, a significant portion of the increase is simply due to increased ridership. Board Member Kranz asked where the District sees the trend going in the next three fiscal years. Mr. Tucker answered that 5% increases associated with paratransit are projected, and that the District is focused on programmatic management. Board Member Kranz applauded the District for the partnership with MTS, and asked how it was decided how far to allow a rider to travel on a single seat as shown in Slide 13, and why the District doesn t eliminate the need to transfer. Mr. Tucker explained that the District mapped the trips within the service area reflected in Slide 13 and that this came out to be the most efficient and effective way. Board Member Kranz then inquired if the NCTD/MTS paratransit transfer is managed with software or if it is a manual process. Mr. Tucker answered that it is a manual coordination between the two agencies. Vice-Chair Jones asked if this was a sole source contract and if that is because the modules are proprietary and need to be purchased from Trapeze. Mr. Blythe confirmed this. Board Member Horn asked if the users of this system have a dot matrix map. Mr. Tucker informed Board Member Horn that the District does have such a map. Mr. Tucker commented that the District is looking for more efficient ways of managing the ADA Paratransit program and that the requirements of the law need to be looked at. He observed that the law is very prescriptive in terms of things that can be done; how to schedule trips, timing of scheduling trips, maximum ride time, wait time everything that the District does needs to be in compliance with ADA law. Board Member Horn asked if eligibility criteria for this service was changed within the last 2 to 3 years. Mr. Tucker confirmed that the eligibility criteria has not changed, it has always been functional capability. He stated that the District wants to move forward with the hybrid approach to bring in the passengers who are getting approved to use the paratransit system and perform actual assessments. He continued that the passengers that would be able to use the fixed route system could go through a travel training program to make sure that we are assisting people as much as possible into the right transportation choice. Board Member Horn suggested a discount ticket be provided to users of the LIFT system. Mr. Tucker replied that the District currently provides free transportation on the SPRINTER and BREEZE, and is looking into potentially doing the same for the COASTER. Board Member Horn then asked if this would have an impact on the regular system ridership. Mr. Tucker stated that because NCTD is already providing free transportation on the BREEZE and SPRINTER, and potentially on the COASTER, that it would likely not make a dramatic change. ON THE MOTION OF BOARD MEMBER KRANZ TO APPROVE AGENDA ITEM 24, SECONDED BY VICE-CHAIR JONES. AYES: NOES: ABSENT: ABSTAIN: MOSIER, PACKARD, KRANZ, JONES, LOWERY, GALLO, HORN, AGUILERA, NICHOLS MOTION CARRIES. Page 6 of 8

7 CLOSED SESSION 25. Closed Session Pursuant to Government Code Section (d)(1) Conference with Legal Counsel Existing Litigation Rafael Munoz v. NCTD, San Diego Workers Compensation Appeals Board Case No. ADJ Closed Session Pursuant to Government Code Section (d)(4) Conference with Legal Counsel Anticipated Litigation Significant Exposure to Litigation, Two Potential Cases The Board of Directors went into Closed Session at 2:50 p.m. The Board returned to open session at 3:50 p.m. Lori A. Winfree, General Counsel advised that there was no reportable action. EXECUTIVE DIRECTOR S REPORT None. BOARD MEMBER REPORTS, COMMENTS AND CORRESPONDENCE Board Member Lowery congratulated the Board Members that were re-elected. Board Member Mosier stated that this is his last meeting and that he enjoyed working with the other members of the Board and will miss them. Board Member Mosier asked the Board to remember that Bridge 243 in Del Mar is still unfunded and needs to be re-built. He hopes that Mr. Tucker and the Board stay on that issue and get a new bridge before old one falls down. Vice-Chair Jones stated that it was a pleasure working with Board Member Mosier and wished everyone a Happy Thanksgiving. Board Member Nichols addressed the s received by the Board regarding allegations of a conflict of interest and appreciates the responses received from the Board. He wanted to publicly state that none of the allegations are true and the selection of the potential contractor for the Solana Beach Station was totally done by NCTD; the City of Solana Beach City Council had nothing to do with it. He asked that any questions about that, be directed to Mr. Tucker, and any other questions can be addressed directly to him. He stated he has been speaking with an attorney about possible libel claims. Board Member Gallo thanked the City of Oceanside for hosting the Board meetings the last couple of months and wished Board Member Mosier good luck. He stated he is looking forward to being in San Marcos next month and maybe in January and February in Escondido. He wished everyone a Happy Thanksgiving. Board Member Aguilera wished Board Member Mosier luck on his next plans and wished everyone a Happy Thanksgiving. Board Chair Packard also thanked Board Member Mosier for his service at NCTD and stated Del Mar has been well represented by his service on the Board and wished him well in the future. He reminded everyone that the next meeting will not be held in Oceanside and thanked the City of Oceanside for hosting. He advised that the next month s meeting will be in the City of San Marcos Council Chambers at the same time, but different location. REMAINING PUBLIC COMMUNICATIONS None. Page 7 of 8

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