MINUTES OF THE REGULAR MEETING OF THE NORTH COUNTY TRANSIT DISTRICT’S BOARD OF DIRECTORS HELD MARCH 18, 2021 CALL TO ORDER Tony Kranz, Board Chair, called the Regular Meeting to order at 2:00 p.m. ROLL CALL OF BOARD MEMBERS 1. Priya Bhat-Patel (City of Carlsbad) – Participated via teleconference. 2. Dan Quirk (City of Del Mar) – Participated via teleconference. 3. Tony Kranz (City of Encinitas) – Participated via teleconference. 4. Paul McNamara (City of Escondido) – Absent. 5. Esther Sanchez (City of Oceanside) – Participated via teleconference. 6. Marni von Wilpert (City of San Diego) (Advisory Member) – Absent. 7. Jim Desmond (County of San Diego) – Participated via teleconference. 8. Sharon Jenkins (City of San Marcos) – Participated via teleconference. 9. Jewel Edson (City of Solana Beach) – Participated via teleconference. 10. Corinna Contreras (City of Vista) – Participated via teleconference. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG Board Chair Kranz led the Pledge of Allegiance to the American Flag. SAFETY BRIEF Anthony Flores, Clerk of the Board, provided emergency evacuation procedures. CHANGES TO THE AGENDA None. PUBLIC COMMUNICATIONS Anthony Flores, Clerk of the Board, informed the Board that all written public comments received prior to the deadline were submitted to the Board for review and consideration prior to the Regular Board meeting. Additionally, Mr. Flores informed the Board that all public comments are available for public inspection on the District website at: https://gonctd.com/about-nctd/board-information/ APPROVAL OF MINUTES OF THE FEBRUARY 18, 2021 REGULAR BOARD MEETING ON THE MOTION OF BOARD VICE-CHAIR JEWEL EDSON TO APPROVE THE MINUTES OF THE FEBRUARY 18, 2021 REGULAR BOARD MEETING, SECONDED BY BOARD MEMBER ESTHER SANCHEZ. AYES: QUIRK, KRANZ, SANCHEZ, DESMOND, JENKINS, EDSON, CONTRERAS NOES: NONE ABSENT: MCNAMARA ABSTAIN: BHAT-PATEL MOTION CARRIES. CONSENT ITEMS 1-10 1. Receive the Monthly Intergovernmental Affairs Reports 2. Receive the Monthly Transit Operations Performance Report for January 2021 3. Receive the Fiscal Year 2021 April Service Change Report 4. Approve Amendment No. 02 to Task Order Agreement No. 02 to Agreement No. 18030 with Southwest Strategies, LLC for Additional Marketing and Communications Consulting Services 5. Receive Committee Chair Reports 6. Approve Task Order Agreement No. 01 to Agreement No. 19067 with HNTB Corporation for Right-of-Way Embankment Monitoring and Mitigation Program 7. Approve Job Order No. 009 to Agreement No. 21009 with Exbon Development, Inc. for the Replacement of Palm Trees at Santa Fe Depot 8. Set Public Hearing for June 17, 2021 to Consider Adoption of the FY2022 Operating Budget and FY2022-FY2026 Capital Improvement Plan and Authorize Certain Related Actions 9. Authorize the Executive Director to Negotiate and Execute Task Order Agreement No. 14 to Agreement No. 17000 with Pacific Railway Enterprises for Positive Train Control Design Services 10. Approve Task Order Agreement No. 06 to Agreement No. 19033 with CBRE, Inc. for Redevelopment Support of the Carlsbad Village and Poinsettia Stations ON THE MOTION OF BOARD MEMBER JIM DESMOND TO APPROVE CONSENT ITEMS 1- 10, SECONDED BY BOARD MEMBER DAN QUIRK. AYES: BHAT-PATEL, QUIRK, KRANZ, SANCHEZ, DESMOND, JENKINS, EDSON, CONTRERAS NOES: NONE ABSENT: MCNAMARA ABSTAIN: NONE MOTION CARRIES. Page 2 of 6 CONSENT ITEM 11 11. Authorize the Executive Director to Enter into an Option Agreement and Related Disposition and Development Agreement and Ground Lease with Toll Bros., Inc. for the Redevelopment of the Oceanside Transit Center ON THE MOTION OF BOARD VICE-CHAIR JEWEL EDSON TO APPROVE CONSENT ITEM 11, SECONDED BY BOARD MEMBER SHARON JENKINS. AYES: BHAT-PATEL, QUIRK, KRANZ, DESMOND, JENKINS, EDSON, CONTRERAS NOES: NONE ABSENT: MCNAMARA ABSTAIN: SANCHEZ MOTION CARRIES. OTHER BUSINESS ITEMS 12-14 12. Conduct Public Hearing and Approve Continuation of Reduced COASTER Service Kimberly Tucker, Director of Service Planning, reviewed Agenda Item 12. ON THE MOTION OF BOARD VICE-CHAIR JEWEL EDSON, TO APPROVE AGENDA ITEM 12, SECONDED BY BOARD MEMBER PRIYA BHAT-PATEL. AYES: BHAT-PATEL, QUIRK, KRANZ, SANCHEZ, DESMOND, JENKINS, EDSON, CONTRERAS NOES: NONE ABSENT: MCNAMARA ABSTAIN: NONE MOTION CARRIES. 13. Adopt Position on Proposed Changes to the San Diego Association of Governments’ Comprehensive Fare Ordinance Eun Park-Lynch, Chief Financial Officer, reviewed Agenda Item 13. Board Member Contreras made a motion to modify staff’s recommendation as follows: Adopt the following position on the proposed changes to the San Diego Association of Governments’ Comprehensive Fare Ordinance: 1) Support the San Diego Metropolitan Transit System (MTS) Board recommendations as follows: • Implement fare policy change to allow “best-fare”; • Reduce youth one-way fare to align with Senior/Disabled/Medicare (SDM); Page 3 of 6 • Keep all other fares at the current rate; and • Allow free transfer with one-way fare with PRONTO card (except COASTER) within a two-hour window of first ride. ON THE MOTION OF BOARD MEMBER CORINNA CONTRERAS, TO APPROVE AGENDA ITEM 13, SECONDED BY BOARD VICE-CHAIR JEWEL EDSON. AYES: BHAT-PATEL, QUIRK, KRANZ, SANCHEZ, DESMOND, JENKINS, EDSON, CONTRERAS NOES: NONE ABSENT: MCNAMARA ABSTAIN: NONE MOTION CARRIES. 14. Receive Update on NCTD Zero Emission Bus Program and Authorize the Exercise of Options for the Purchase of a Charging System for Battery Electric Transit Buses Pursuant to Agreement No. 051017-CPI Between the State of Minnesota and ChargePoint, Inc. Damon Blythe, Chief Operations Officer-Bus, reviewed Agenda Item 14. ON THE MOTION OF BOARD MEMBER DAN QUIRK, TO APPROVE AGENDA ITEM 14, SECONDED BY BOARD MEMBER PRIYA BHAT-PATEL. AYES: BHAT-PATEL, QUIRK, KRANZ, SANCHEZ, DESMOND, JENKINS, EDSON, CONTRERAS NOES: NONE ABSENT: MCNAMARA ABSTAIN: NONE MOTION CARRIES. INFORMATIONAL ITEMS 15 AND 16 15. Receive Update on NCTD’s Microtransit Service Plans and BREEZE Speed and Reliability Study Katie Persons, Senior Strategic Planner, reviewed Agenda Item 15. 16. Receive Update on Recent Del Mar Bluffs Failure Tracey Foster, Chief Development Officer, introduced John Haggerty, Director of Engineering and Construction-SANDAG, who reviewed Agenda Item 16. Page 4 of 6 CLOSED SESSION ITEM 17 17. Closed Session Pursuant to Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation – Surface Transportation Board Docket No. FD 36433 – Petition for Declaratory Relief Board Member Dan Quirk recused himself from Closed Session Item 17. The Board went into Closed Session at 4:13 p.m. Anthony Flores, Clerk of the Board, conducted a roll call and confirmed all eligible Board Members were connected to the Closed Session meeting, with the exception of Board Member McNamara and Board Member Jim Desmond who were absent, and Board Member Dan Quirk who recused himself. The Board returned from Closed Session at 4:30 p.m. At the conclusion of Closed Session, Lori A. Winfree, General Counsel, reported the following: The Board met in Closed Session to discuss the declaratory relief action filed with the Surface Transportation Board. All Board members were present with exception of Board Member McNamara, Board Member Quirk and Board Member Desmond. The Board authorized staff to request a further extension to the stay of the proceedings at the Surface Transportation Board through December 31, 2021 to allow the parties to continue efforts toward a mutually acceptable resolution. EXECUTIVE DIRECTOR’S REPORT See attached Executive Director’s Report for the month of March 2021. BOARD MEMBER REPORTS, COMMENTS, AND CORRESPONDENCE Board Vice-Chair Edson reported that on Monday, April 15, 2021, the Los Angeles-San Diego- San Luis Obispo Rail Corridor (LOSSAN) Board approved their 2021-2022 and 2022-2023 business plan submittal which provides for their annual budget. In addition, Board Vice-Chair Edson informed the Board that she was appointed to serve as the fourth Executive Committee Member on the LOSSAN Board. REMAINING PUBLIC COMMUNICATIONS None. ADJOURNMENT The meeting adjourned at 4:34 p.m. Submitted by Anthony Flores, Clerk of the Board for North County Transit District. BOARD CHAIR North County Transit District Page 5 of 6 CERTIFICATION I, Anthony Flores, duly appointed and qualified, Clerk of the Board of the North County Transit District, do hereby certify that the above is a true and correct copy of the Minutes of the Regular Meeting held on March 18, 2021 approved by the Board of Directors of the North County Transit District adopted at a legally convened meeting of the Board of Directors of the North County Transit District held on April 22, 2021. CLERK OF THE BOARD North County Transit District For individuals with sensory disabilities, this document is available in alternate formats. For information, please contact the Clerk of the Board at 760/966-6553. Persons with hearing impairment, please use the California Relay Service (CRS): 800/855-7100 TTY; 800/855-7100 voice; 800/855-7200 Spanish. CRS Customer Service: 877/546-7414 or 800-867-4323 TTY. Page 6 of 6 EXECUTIVE DIRECTOR’S March 18, 2021 REPORT Message from the Executive Director: About one year ago, the world as we knew it changed. The way we travel changed. The way we do business changed. The way we communicate changed. Our way of life changed. However, on the eve of the one-year anniversary of the unprecedented stay- at-home order due to the COVID-19 outbreak, I have excitement for our community and our organization. The collective resiliency shown by our team of staff and contractors carried us through this extraordinary year and showed our community that we are part of the solution. Our team is already playing an active part in the recovery process, by providing clean, safe, reliable rides that continue to take essential workers to their jobs, connect people with their families, and remove barriers to accessing the COVID-19 vaccine by way of free transit rides. Spring is the season for new beginnings. The launch of our new COASTER locomotives and passenger cars this past February was just the start.
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