MINUTES OF THE SPECIAL MEETING/CLOSED SESSION AND THE REGULAR MEETING OF NORTH COUNTY TRANSIT DISTRICT HELD JULY 17, 2008 PAGE 1

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1 OF NORTH COUNTY TRANSIT DISTRICT HELD JULY 17, 2008 PAGE 1 CALL TO ORDER Chairman Ed Gallo called the meeting to order at 1:16 p.m. ROLL CALL OF BOARD MEMBERS Ed Gallo (City of Escondido); Julianne Nygaard (City of Carlsbad); Jerome Stocks (City of Encinitas); Rocky Chavez (City of Oceanside); Chris Orlando (City of San Marcos); Dave Roberts (City of Solana Beach); Bob Campbell (City of Vista); Bill Horn (County of San Diego). Dave Druker (City of Del Mar) arrived at 1:30 p.m. CLOSED SESSION Michael Cowett, General Counsel, stated that Closed Session item iii was being pulled by staff and would be brought back at a later date. The Board went into Closed Session at 1:17 p.m. to discuss items i, ii and iv: i. Closed Session Pursuant to Government Code Section Conference with Real Property Negotiators Location of Property is portion of Assessor Parcel Numbers through , and in Solana Beach. Negotiator: NCTD: Tom Lichterman and C. Michael Cowett Negotiating Party: Shea Properties ii. Closed Session Pursuant to Government Code Section Conference with Real Property Negotiators Location of Property is Portion of Assessor Parcel Number Negotiator: NCTD: Tom Lichterman and Paula C.P. de Sousa Negotiating Party: Mark L. Collins Separate Property Trust iv. Closed Session Pursuant to Government Code Section Conference with Real Property Negotiators - Location of Property is portion of Assessor Parcel Numbers Negotiator: NCTD: Tom Lichterman and Michael Cowett Negotiating Party: YMCA The Board returned from Closed Session at 2:12 p.m. Michael Cowett, General Counsel, stated that the Board met in Closed Session to discuss items i, ii and iv and had nothing to report. ROLL CALL OF BOARD MEMBERS Ed Gallo (City of Escondido); Julianne Nygaard (City of Carlsbad); Dave Druker (City of Del Mar); Jerome Stocks (City of Encinitas); Rocky Chavez (City of Oceanside); Chris Orlando (City of San Marcos); Dave Roberts (City of Solana Beach); Bob Campbell (City of Vista); Bill Horn (County of San Diego).

2 OF NORTH COUNTY TRANSIT DISTRICT HELD JULY 17, 2008 PAGE 2 PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG Julianne Nygaard led the Board of Directors, staff, and the public in the Pledge of Allegiance to the American Flag. CHANGES TO THE AGENDA None PRESENTATION OF COMMENDATIONS Presentation of June 2008 Employees of the Month Commendations: Mr. Mike Wygant, Manager of Fleet Maintenance, recognized Mr. William D. Maroney, Mechanic Assistant; Ms. Kim Stone, Manager of Bus Operations, recognized Ms. Mary C. Redmond, Coach Operator, as the June 2008 Employees of the Month, with the Board s congratulations. PUBLIC COMMUNICATIONS Mr. Patrick McIntosh spoke on his concerns regarding Routes 101 and 309 service cuts and understanding the Rider s Guide directions. APPROVAL OF MINUTES MOTION BY BOB CAMPBELL TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 19, 2008, SECONDED BY JULIANNE NYGAARD. MOTION CARRIED UNANIMOUSLY. CONSENT ITEMS 1. Legal Services Contract Extension 2. Legislative Status Update 3. Memorandum of Understanding with SANDAG Regarding Transfer of SPRINTER Construction Employees 4. Addition of Sixth Car to Two COASTER Consists 5. HDR Engineering Additional Fee for Geotechnical Investigation Support 6. SPRINTER Supervisory Control and Data Acquisition (SCADA) System Maintenance Agreement 7. SPRINTER Safety-Sensitive Signal Warranty Work 8. Purchase Order Increase to MACTEC for SPRINTER Inspection Services

3 OF NORTH COUNTY TRANSIT DISTRICT HELD JULY 17, 2008 PAGE 3 9. FY 08 3 rd Quarter Performance Report 10. Quarterly Financial Report for Nine Months Ended March 31, Bridge Replacement Program Overview and Award of Purchase Orders for Additional Design MOTION BY JEROME STOCKS TO APPROVE AGENDA ITEMS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 AND 11, SECONDED BY JULIANNE NYGAARD. MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS 12. Five-Year BREEZE Tire Contract for Leased Tires and Service Tom Lichterman, Director of Rail Services, and Michael Wygant reviewed the agenda item, including cost analysis. Bob Campbell asked why no one else bid on the contract. Tom Lichterman responded that two potential bidders chose not to participate because they did not wish to agree with the terms of the standard FTA bid document. He said that there are a lot of provisions in the document that pertain to standard indemnification clauses, liability clauses, and other terms NCTD is required to incorporate in to any FTA supported procurement. Dave Roberts asked if it still made sense to do a lease. Mike Wygant explained that the industry typically leases tires versus purchasing them due to: liability issues; fire potential; two to three employees would be required to install the tires and that would increase workers compensation costs; two of the main tire manufacturers only provide tier one tires to their leased contracts; front tires have to be new, not recaps or retreads; hazardous waste disposal costs. MOTION BY JEROME STOCKS TO APPROVE AGENDA ITEM 12, SECONDED BY DAVE ROBERTS. MOTION CARRIED UNANIMOUSLY. 13. Long-Term Maintenance and Monitoring of Various On-Site SPRINTER Projects Eric Kosty, Rail Services, reviewed background information on the project and the bid process and results. Jerome Stocks asked if Habitat Restoration Sciences had the wherewithal to do the job. Mr. Kosty responded that the Contracts department checked their references and they are a subsidiary of Dudek Environmental, and they have done a lot of work for NCTD. MOTION BY JEROME STOCKS TO APPROVE AGENDA ITEM 13, SECONDED BY DAVE ROBERTS. MOTION CARRIED UNANIMOUSLY.

4 OF NORTH COUNTY TRANSIT DISTRICT HELD JULY 17, 2008 PAGE Quarterly Project Status Report Kristin Thomas, Environmental Project Planner, reviewed: East Division maintenance facility expansion; Santa Margarita River bridge; Oceanside passing track, Bridge deck replacement; Carlsbad Village parking lot expansion. NO ACTION REQUIRED. 15. Impact on Bus Service to Sport Games Resulting From New Federal Regulations Tom Lichterman reviewed the new federal regulation that is requiring NCTD to cancel bus service to sporting events. He said that since three charter companies stated they are interested in operating this type of service, NCTD can no longer provide the service unless the Board chooses to reduce the fare from $12 roundtrip to $4.50 roundtrip, and this would be a much heavier subsidy for NCTD. Mr. Lichterman stated that rail service is an alternative because it is not affected by this charter regulation. Lane Fernandes, Manager of Commuter Rail, stated that this service could be run on the COASTER and at least break even. He said that passengers would have to transfer to the Trolley at Old Town and NCTD would have a draft agreement in place with MTS and NCTD would pay MTS a $2.50 fare from Old Town to Qualcomm. Bill Horn asked how much it would cost to ride to a Charger game. Mr. Fernandes responded it would cost the regular COASTER round-trip fare and that would include the cost of the Trolley. Dave Druker asked how they came up with a ridership figure of 600. Mr. Fernandes said he based the ridership on the number of people who ride the coastal route buses currently and he feels that ridership will grow quickly and we will do even better than that. Rocky Chavez stated that he did not think this was a bad thing since we shouldn t offer service that costs us more money. Chris Orlando asked if after the first year, charter companies don t provide the service, can we get back in the business. Mr. Lichterman responded that under the regulations, we can go through the same process next year soliciting charter companies for them to advise us if they are interested, and if they are not, NCTD is free to offer the service. MOTION BY JULIANNE NYGAARD TO APPROVE AGENDA ITEM 15, SECONDED BY BOB CAMPBELL. MOTION CARRIED UNANIMOUSLY.

5 OF NORTH COUNTY TRANSIT DISTRICT HELD JULY 17, 2008 PAGE Maintenance-of-Way Work Accomplished During April Blitz Mr. Mitch Alderman, Chief Rail Engineer, provided an update on activities that occurred during the April 2008 blitz, including: Bridge Deck Replacement; Miramar Undercutting; Bridge Replacement Geotechnical Investigation; Bridge Program. Chris Orlando asked about the cost to replace the bridges and what percentage of them would be funded. Tom Lichterman responded that it would cost approximately $300 million to replace 22 bridges, in today s dollars, and that essentially there is no funding. He said that NCTD is setting aside a significant portion of our annual 5307 funds from the federal government to deal with railroad projects. Mr. Lichterman stated that we need federal help. NO ACTION REQUIRED. 17. SPRINTER Revenue Service Report Tom Lichterman provided an update for June 2008, including: usage; performance trends; ridership by trip; daily boardings by station; parking lot counts; activities and observations; bikes on trains; fare enforcement; July 4, 2008 service; weekend service improvements. The Board received the report. No action required. SANDAG AGENDA REVIEW AND LEGISLATIVE ACTIVITIES UPDATE Ellen Roundtree, Intergovernmental Affairs Officer, reviewed the SANDAG agenda and state and federal legislative activity. She provided the Board members with a copy of a letter she will be sending to Governor Schwarzenegger. Ms. Roundtree provided an update on Proposition 42 funding which is being proposed for taking. She said that this could mean another $3 million cut to NCTD s budget. BOARD MEMBER REPORTS, COMMENTS AND CORRESPONDENCE Julianne Nygaard stated that she and Bob Campbell have been attending the Regional Airport Policy Committee meetings and they are serious about doing intermodal connection to the airport. Ed Gallo stated that he received a letter in response to the letter the Board sent the Governor regarding the state taking transit funds. He said the Board would receive a copy of the Governor s letter. Mr. Gallo reminded the Board that there are no Committee meetings in August and a decision will be made at a later date regarding cancellation of the August 21, 2008 Board meeting.

6 OF NORTH COUNTY TRANSIT DISTRICT HELD JULY 17, 2008 PAGE 6 INTERIM EXECUTIVE DIRECTOR S REPORT No report. REMAINING PUBLIC COMMUNICATIONS Ms. Dina Smith spoke on her concerns regarding service cuts. ADJOURNMENT The meeting adjourned at 4:15 p.m. Submitted by Jill McNaughton, Clerk of the Board for North County Transit District. CHAIRMAN: CLERK OF THE BOARD: DATE: For individuals with sensory disabilities, this document is available in alternate formats. For information, please contact the Customer Service Supervisor at 760/ Persons with hearing impairment, please use the California Relay Service (CRS): 800/ TTY; 800/ voice; 800/ Spanish. CRS Customer Service: 800/ or TTY.