810 Mission Avenue Oceanside, CA 92054 (760) 966-6500 (760) 967-2001 (fax) www.gonctd.com Agenda Executive Committee Mark Packard Board Chair Rebecca Jones Board Vice-Chair John Aguilera PAF Vice-Chair Ed Gallo MSPBD Chair Matthew O. Tucker Committee Liaison Tuesday, October 4, 2016 BOARD OF DIRECTORS Mark Packard Councilmember, City of Carlsbad Board Chair Rebecca Jones Vice Mayor, City of San Marcos Board Vice-Chair Donald Mosier Councilmember, City of Del Mar Tony Kranz Councilmember, City of Encinitas Ed Gallo Councilmember, City of Escondido Chuck Lowery Deputy Mayor, City of Oceanside Bill Horn Supervisor, County of San Diego Mike Nichols Councilmember, City of Solana Beach John J. Aguilera Councilmember, City of Vista EXECUTIVE DIRECTOR Matthew O. Tucker GENERAL COUNSEL Lori A. Winfree MISSION Time: 8:30 A.M. Location: General Administrative Offices 810 Mission Avenue Oceanside, CA 92054 North County Transit District s mission is to deliver safe, convenient, reliable and userfriendly public transportation services. VISION Our vision is to build an integrated transit system that enables our customers to travel easily and efficiently throughout our growing region. For individuals with disabilities, NCTD will provide assistive services. To obtain such services or copies of documents in an alternate format, please call or write, a minimum of 72 hours prior to the event, to request these needed reasonable modifications. NCTD will make every attempt to accommodate requests that do not give 72 hour notice. Please contact the Clerk of the Board at (760) 967-2808. Persons with hearing impairment please use the California Relay Service (CRS): 800-735-2929 using TTY; 800-735-2922 using voice; 800-855-3000 for Spanish. CRS Customer Service: 800-735-0373 or 800-735-0193 TTY. Any writings or documents provided to a majority of the members of the NCTD Board of Directors regarding any item on this agenda will be made available for public inspection at the office of the Clerk of the Board located at 810 Mission Avenue, Oceanside, CA 92054, during normal business hours. 1
CALL TO ORDER EXECUTIVE COMMITTEE MEETING BEGINNING AT 8:30 A.M. ROLL CALL OF BOARD MEMBERS CHANGES TO THE AGENDA PUBLIC COMMUNICATIONS There is a time limit of 15 minutes for this section of Public Communications and each speaker is limited to three minutes for their presentation. All persons wishing to address the Committee during the meeting must complete a Request to Speak form. These forms are provided in a box at the table in the hallway, and must be completed and given to the Clerk of the Board before that agenda item is called. ITEMS 1 AND 2 1. Review of NCTD Board Policies: Staff will review existing NCTD Board Policies and proposed modifications and seek guidance from the Executive Committee regarding timing to forward to the Board of Directors for approval. (Lori A. Winfree, General Counsel) 2. Closed Session Pursuant to Government Code Section 54957.6 Public Employee Performance Evaluation, Title: Matthew O. Tucker, Executive Director (Rose Jean-Paul, Human Resources Manager) COMMITTEE MEMBER REPORTS, COMMENTS AND CORRESPONDENCE REMAINING PUBLIC COMMUNICATION ADJOURNMENT CERTIFICATIONS AND RULES (FOR BOARD AND PUBLIC INFORMATION) Posting of Executive Committee Meeting Agenda (Page 4) Rules for Public Speakers at meetings of the North County Transit District (Page 5) Upcoming Meetings: Regular Board Meeting: October 20, 2016 at 2:00 p.m. Regular Board Meeting will be held at the City of Oceanside City Council Chambers, 300 North Coast Highway, Oceanside, CA, 92054 2
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September 30, 2016 To: From: Subject: North County Transit District Board Members Clerk of the Board POSTING OF EXECUTIVE COMMITTEE AGENDA In Compliance with the Ralph M. Brown Act, as Amended, the following information is provided. The Agenda for this Executive Committee meeting of the Board was posted as follows: Meeting Date & Time: October 4, 2016 at 8:30 a.m. Posted At: Posted Online At: Date & Time of Posting: Posted By: 810 Mission Avenue, Oceanside, CA www.gonctd.com September 30, 2016 at 9:00 a.m. Anthony Flores, Clerk of the Board 4
Rules for Public Speakers at Meetings of the North County Transit District Per Board policy, all public communications at meetings of the North County Transit District shall be made and received in accordance with the following procedures: 1. COMMENTS NOT ON AGENDA A. Total time limit all speakers: Beginning of meeting: Fifteen (15) minutes End of meeting: No time limit. B. Time limit per speaker per meeting: Three (3) minutes, with no donation of time allowed. C. Priority: First come, first served. All speaker slips will be numbered as the Clerk of the Board receives them. Those not allowed to speak at the beginning of the meeting due to limit stated above, will be called at the end of the meeting. D. Order on agenda: Items will be heard at the beginning of the meeting and if the time limit stated in Paragraph A is exhausted, those who filled out a speaker slip and have not yet spoken, will be given an opportunity to speak at the end of the meeting under Remaining Public Communications. E. Comments not addressing items on the agenda are out of order. 2. TIME LIMITS FOR ADDRESSING MATTERS ON THE AGENDA A. Total time limit: None. B. Time limit per speaker: Three (3) minutes, with one donation of three minutes, for a maximum of six minutes. C. These rules apply to both public hearing and non-public hearing items listed on the agenda. D. Comments made not germane to the subject matter of the agenda item being considered are out of order. 3. CUTOFF FOR TURNING IN SPEAKER SLIPS A. Speakers wishing to speak to an item on the Committee Agenda must submit a speaker slip to the Clerk of the Board before that agenda item is called. Speaker slips will be available at the meeting. B. Speakers turning in slips after discussion begins on an item will be heard at the end of the meeting under Remaining Public Communications. 4. MODIFICATION OF RULES BY CHAIR A. The Committee Chair may, in his or her absolute discretion, relax the requirements of these rules. However, a decision of the Chair to do so in one instance shall not be deemed a waiver of the rules as to any other instance or matter. 5
RELATED TO AGENDA ITEM 1 Summary of Proposed Changes to Board Policies Executive Committee Meeting October 4, 2016
Annual Board Policy Review Pursuant to Board Policy No. 1: At least annually, staff must review and provide suggested revisions to existing Board Policies and propose any new policies to the Board s Executive Committee for review and consideration. Executive Committee approves the advancement of the proposed modifications to the full Board for approval on consent agenda. 1
Overview of Proposed Changes Most proposed revisions are not substantive in nature. This presentation only addresses those Board Policies with a substantive change. With each modification, staff will add the Resolution Number that adopted the updated policy to the Revision Record so that adoption date and changes can be tracked by Resolution Number. 2
Summary of Proposed Modifications (Board Policies No Change) Board Policy No. Title Changes 3 Committees and External Appointments No Change 22 Service Request No Change 25 Disadvantaged Business Enterprises (DBE) No Change 30 Threshold for Major Service Change No Change 31 Threshold for Disparate Impact on Minority Populations No Change 32 Threshold for Disproportionate Burden No Change 33 Joint Use and Development of Real Property No Change 3
Summary of Proposed Modifications (Board Policies - Non-Substantive) Board Policy No. Title Changes 1 General Provisions Non-Substantive 2 Appointment of Board of Directors Non-Substantive 5 Public Notice and Participation Non-Substantive 6 Ethics Training Non-Substantive 7 Board Member Compensation and Travel Expense Reimbursement Non-Substantive 8 Conflict of Interest Non-Substantive 9 Investment Policy Non-Substantive 10 Reserve Funds Non-Substantive 12 Excessive Real Property Utilization Plan Non-Substantive 14 Document Control Non-Substantive 4
Summary of Proposed Modifications (Board Policies - Non-Substantive) Board Policy No. Title Changes 15 Records Retention Policy and Schedule Non-Substantive 16 Public Records Request Non-Substantive 18 Railroad Crossing Quiet Zones and Wayside Horn Systems Non-Substantive 20 Complimentary Transit Passes Non-Substantive 23 Railroad Construction Scheduling and Management Non-Substantive 24 Employee Drug and Alcohol Policy Non-Substantive 26 Discrimination Complaint Procedures Non-Substantive 27 Equal Employment Opportunity Non-Substantive 28 Fraud Prevention Non-Substantive 29 Asset Management Non-Substantive 5
Summary of Proposed Modifications (Board Policies Substantive) Board Policy No. Title Changes 4 Rules of Procedure of the Conduct of Meetings Substantive 11 Real Estate Substantive 13 Advertising, Concession and Merchandising Substantive 17 Budget Development Substantive 19 Delegation of Authority to the Executive Director Substantive 21 Complimentary ADA Paratransit Program Substantive 6
Policy 4 Conduct of Meetings Authorizes the Clerk of the Board to audio record Special and Regular Meetings of the Board and to post the audio recordings for public review. Provides greater transparency and allows public to listen to proceedings that they may not be able to attend. 7
Board Policy No. 11 Real Estate Adds a requirement that all real property leases where the anticipated term is in excess of ten (10) years be brought to the Board for consideration and approval. Allows Board to weigh in on leases that would tie-up District property for more than 10 years and provides for greater transparency in long-term transactions. 8
Policy 13 Advertising Authorizes staff to promote public transportation options for local third-party events through scheduling media, NCTD s website, etc. for marketing to support increased ridership and NCTD s mission to provide safe, reliable public transportation options. Clarifies that the prohibition of advertisements related to alcoholic beverages is directed to advertisements where the primary purpose is to promote the sale of alcoholic beverages (e.g. ad from resort depicting guests at dinner with wine on the table v. ad for brewery). 9
Board Policy No. 17 Budget Development Clarifies that the NCTD Project Steering Committee (for development of CIP) is chaired by the CFO, and comprised of all Division Chiefs and the Executive Director. To ensure the most effective and efficient use of funding resources and staff time, requires the development and submission with the budget each fiscal year: Funds Allocation Plan Preventive Maintenance Funding Plan 10
Board Policy No. 19 Delegation of Authority Authorize the Executive Director to award a revenuegenerating contract (e.g. concessions, marketing, etc.) if the value does not exceed $100,000. Current policy requires all revenue-generating contracts come to the Board for approval, including minor procurements for vending machines, etc., which requires significant staff time. 11
Policy 21 ADA Paratransit Title Change from ADA Paratransit to Complementary ADA Paratransit Program. Removed Rider s Guide from policy adopted by Board. With current policy, ministerial and minor non-policy changes to the Riders Guide require re-approval by Board. 12
Next Steps With authorization of the Executive Committee to advance, the modified Board Policies will be placed on the Consent Agenda for approval by the full Board by Resolution at the October 20, 2016 Regular Board Meeting. 13
Questions? 14