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BayRICS MINUTES


v



11/4
/11


Novemb敲″
rd
., 2011 Meeting

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BAY AREA REGIONAL COMMUNICATIONS INTEROPERABILITY SYSTEMS

JOINT POWERS AUTHORITY

(
SEVENTH

MEETING)

Alameda County Office of Emergency Services

4985 Broder Blvd, Dublin, CA 94568

November 3rd.

2011
-

9:00

AM

DRAFT
MINUTES


v
2


11/4
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PUBLIC CALL IN NUMBER:
(925)
803
-
2732


1)


CALL TO ORDER

ROLL CALL

T
he meeting will be called to order

and roll call conducted
by
Vice Chair Michelle
McGurk
,
Chairperson

Richard Lucia

is unavailable.


Director

Alameda County

Dennis Houghtelling

Director

State of California

Karen Wong

Director

Marin County

Rick Navarro

Director

Contra Costa County

Gayle U
i
lkema

Director

City of Oakland

Ken Gordon

Director

San Francisco County

Anne
Kronenberg

Director

San Francisco City

Lyn Tomioka

Director

City of San Jose

Michelle McGurk

Director

San Mateo County

Chris Flatmoe

Director

Santa Clara County

Emily Harrison

Director

Sonoma County

Dennis Smiley

Director

South Bay Hub

Jim Bouziane

Director

East Bay Hub

Joni Patillo



Meeting called to order, phone line open
,

quorum declared.


Recurring Business


2)

APPROVAL OF MINUTES

(Action item)
The Authority will
review the minutes from
the
second

JPA meeting that was held on
October 18th
.

, 2011


Correct Item #2 to
clarify

JPA MOU


Page #3: Ken Gordon’s comment, grammatical error


Motion to approve as
amended

by Dennis Houghtelling, seconded by Ed Woo, no
further
discussion
, approved unanimously.




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3)

BAYWEB BOOM NEGOTIAT
IONS STANDING
REPORT:

( D i s c u s s i o n a n d
P o s s i b l e A c t i o n I t e m
)
Staff

will present
its

report summarizing the negotiations bet
ween
the BOOM team and Motorola.


Barry Fraser:
Lawyers from the law firm of Best, Best and Krieger (BB&K) have been
retained to
negotiate

the BOOM representing the JPA
.
Several

phone
conferences

have
taken place between Motorola and the BOOM Team over the last weeks. There has
been

much progress. BB
&
K continues for find items that had been missed or added
;
Exhibit M
, for instance, addres
ses
ongoing operations, specifically first level end
-
user
help desk
support
that has been added to the BOOM by Motorola as a JPA
responsibility.


The g
oal is to distribute final BOOM
for review
on or before 11/18
.


Anne Kronenberg
:
asks
for timeline o
n BOOM approval. Is the 90 day review
tied to
the System Funding Plan.


Ken Gordon/Emily Harri
son: suggests that the 90 day review period
should resta
rt.
Barry Fraser: The 90 day period is for the JPA Systems Funding Plan. At the end of
that period the

JPA may accept the Plan, not accept the Plan, or change the Plan.


Emily Harrison:
The
90 days
to allow for the JPA Members
legislative process.


Barry

Fraser
:
The process is a delicate

balancing act between timelines, the
legislative

review and the M
otorola
/NTIA
aggressive

timeline.


Anne
Kronenberg
: R
eminds that the JPA wa
s approved in about 45 days.
Reiterating

the im
portance of moving quickly
.
BTOP grants have been withdr
awn from the State of
Louisiana
.


Emily

Harrison
:
Asks if there w
ill there
will
be a new Spending Plan outlining
updated
fiscal impact.

Barry Fraser: The BOOM once final will reflect many of these costs, all
of which are dynamic.



Barry

Fraser
: Site Use
Agreements



Moto
ro
la need
s

to finalize the
list of sites and
a
pproval status by 11/15. Some substitutions will be allowed

after that date.


Motorola must report to the NTIA on 11/18 the current site use commitment status with
their final design documents.



By mid
-
December Motorola needs to order equipment

to meet

the
2/3 construction
timeline date

of August 2012
.


After January 16
th

the 90 day Sy
stem
Funding Plan
and
BOOM approval is possible.



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A c
onference call
addressing
site use agreement
s is planned for next week.



The
BOOM
Team
wishes to instill a higher sense of
urgency

in the TAC.


Ken Gordon:
Inquires about the
Public Access

System
. Is it

included in BOOM
agreement. Barry

Fraser
: They are separate but intertwined and
jurisdiction

may
modify Site Use Agreements

to address

local issues and policy
.


Dave Koz
icki
:
The
BOOM
agreement

will not
include the
Public Acc
ess System


Shellie Nelson:
Notes
the

Site Use Agreements
include P
ublic
A
ccess

equipment
.


Michelle McG
urk
:
The
BOOM
Team
has set aside
the Public Access Syste
m
for a later
date due to priority.


Chris Flatmoe: TAC needs to look at both systems.


Dennis Smiley:
Notes that it
makes sense
Motorola to design both systems in a single
design document. For the sites that Public Access equipment can’t be deployed fo
r
whatever reason, it can be easily deleted from the plans.



14)

ITEM 14 TAKEN OUT OF

ORDER


15)

ITEM 15 TAKEN OUT OF

ORDER


4)

SPECTRUM
AGREEMENT
STANDING
REPORT:

(Discussion and Possible
Action Item
) The

Authority will hear a
n oral

report from the team of staff and legal
counsel representing the three
waiver Cities (Oakland, San Francisco and San Jose) on
the statu
s of the 700 MHz spectrum lease, and will consider a resolution supporting a
petition from the three Cities requesting s
pecific relief from the FCC.


Barry Fraser:
Current i
ntention
is
to file
a
petition

with the FCC
waiver to change
geographic scope and transfer to
from the three cities to the
JPA. Napa has agreed

to
support that waiver
,
currently

waiting on Solano and S
anta Cruz, which are reviewing

their options
.
Discussion with BB
&
K
to file the waiver
by 11/15
regardless of
outstanding Counties
.


FCC interop
erability

rules are still in flux,
causing

issues with BOOM negotiation.
The
FCC asking for letter urging
the
FCC to complete
and publish their interoperability
rules.

Additionally the
FCC
encourages

the
State

of California to pen a letter of support
of the JPA’s waiver
.






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Ken Gordon: Are local lawyers involved in
the discussion?

Barry Fraser: Oakland

s


were not
involved

in
yesterday

call
, but need to be.
That said, t
here has been little
action in the last 30 days, waiting for 3 counties.


Shellie Nelson:
It appears the
FCC timeline
is
effecting Motorola
’s

milestones and
the
NTIA
’s

grant. Once filed
,
when will the
FCC decide
? Barry Fraser: There is no set
FCC
timeline
. The
FCC is aware of
the
urgency. Barry believes
the
FCC supports our
position on the waiver
.
It is possible to obtain a
Temporary

L
icense if
necessary

to
cover deployment

and testin
g
.


The
Interoperability

S
howing will be required after the
spectrum

waiver
is approved
.
This will require working with
Motorola to
develop
.


5)

TECHNICAL ADVISORY C
OMMITTEE
STANDING
REPORT:
The Authority
will hear a
n oral

report from the standing sub
-
committee.


Steve Dupre:
The BayLOOP S
ub
-
committee
’s

report
is
due
at the
December

meeting.
TAC continues to
review
M
otorola’s
system

documents
. Assessing s
election of
final
sites and development of Site Use A
greements.


A
spreadsheet
outlining

state status was distributed.


Shellie Nelson: Marin’s quantity of sites should read 23, not 15



Mark Anderson: Santa Clara sites lists 18. Actually owned by 13 different
jurisdictions. Please expand to reflect.


Chris Flatmoe:
Voices concern about the Site Use Agreement template
.


Emily

Harrison
:
States

that the Site Use
Agreement

template is just a starting point,
each site owner can
amend

the agreement as needed.


Michelle McGurk: Agreements are between jurisdictions and Motorola.


Barry

Fraser
:
Arranging a
conference

call
next week for site representatives, Real
Estate Departments, Technical Staff and Attorneys to discuss the Site Use Agreements.


Shellie Nelso
n: Site Access Agreements allowing the site walks
vs.

the next step Site
U
se

Agreement timelines are unrealistic.
.


Barry Fraser: Executed Site U
se
Agreements
by 11/15 probably won’t happen.

But by

11/15
an
accurate

committed

p
rediction for approved

site use

must be available
for
Motorola’s NTIA report on 11/18.





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Coyle Schwab: All
agencies

have approved Site Access. Many L
ease
Exhibits

have
been completed
and distributed
for
owner
approval
s
.
By
11/15 Motorola needs hard
commitment on sites.
Preferably executed use agreements.
Currently Motorola has
none.


Shellie Nelson:
Many of Marin’s sites are owned by commercial
entities
. The
Site
owners want upfront fees
totaling

$2
,000
-

$5,000 to review applications for equipment
placement
. Steve Fracolli:
U
nderstood
the
grant/Motorola was to pay for these costs.


Barry Fraser: JPA
should
explore solutions.


Michelle McGurk:
The current discussion is not
agendized
,

therefore not appropriate to
discuss. Suggest the TAC
could explor
e

solutions
.


Shellie Nelson: Questions about Permitting and EIR costs. Barry Fraser: Believes a
Motorola cost as site
remediation
.


Derrick

Phipps: Motorola is doing
engineering

studies for permitting.


Michelle
McGurk
: not agendized.


Steve Fracolli: Believes it is an agendized issue.



Chris Flatmoe:
San Mateo County has a s
hort
approved
list

and a second list of sites
that are more challenging. They intend to go to the Board of Supervisors on

12/13 to
approve a

master site use
agreement.


Dennis
Houghtelling
:
Alameda County expects to go to their Board s
oon after 11/14
.


Dennis Smiley: Sonoma
County can commit all sites now. Site Use
Agreement

is
working
its

way through the County Real Estate Office on
its

way to the Board of

Supervisors. Sonoma has also developed an alternate list of sites that are County owned
property with PG&E present that can fill coverage gaps.


Ed Woo: Contra Costa owns all their sites

and is ready to commit all sites.


Barry Fraser: San
Francisco

is

also
developing

“B: List of alternate sites.


Ken Gordon:
Oakland is
working toward
s

an
agreement,
which is currently
at
the C
ity
Attorney.


Acompanying document(s):



BayRICS_Agency_site_status_11_03_11.pdf




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6)

ADMINISTRATIVE AND SYSTEM FUNDING PLANS
:

(Discussion and Possible
Action Item)


The Board will hear
oral
reports on the Authority's operations and
administration and administrative funding plan, and will review the timeline for
development of a Systems Funding Plan as specified in the Authority A
greement.



Barry Fraser:
Has received some v
erbal comments, mostly BayLOOP funding and
management

and roaming
A draft update should be
available

by
11/18. AT
&
T
has
quoted
fiber backha
ul costs to close the BART loop:

1gb
/s

is
$192,000
/yr

and
10gb
/s is
$900,000
/yr

to fill three links. BART Fremont to Santa Clara County, to San Mateo
County to BART
Millbrae
. Also asking

Comcast for options.


Michelle McGurk ask
ed

Karen Wong to explore Sta
te
recourses
.


Michelle McGurk: SFP is best available. There are

unknowns and possibly risks.


7)

SITE STATUS STANDING REPORT:
Discussion of status of site surveys and use
agreements
.

See item #5, above


Old Business


8
)

JPA AGREEMENTS and FUNDS:
(Discussion)

Dennis Smiley,
Secretary

reports
a
couple of agencies
have not submitted their signed JPA document(s) and/or their check.


Karen Wong 9/14 thinks check has been cut
, but will check for status


Steve Fracolli
: Believes the check has been sent, but will check.


Joni Patillo:
MOU

to EBRICSA board 11/15


9
)

LE
GAL SERVICES REQUEST FOR QUALIFICATIONS
:
(Discussion and
Possible Action Item
) At

the initial meeting of the JPA on August 8
th
, the Board
requested that a draft Request for Qualifications/Proposals be brought to the Board.
Dan
Winter (South Bay Hub) to
report on status of RFP and follow
-
up. Recommendations
due at November meeting.



Jim Bouziane: RFQ for general counsel

released
9/29
. There were
9 responses, 3

were

interviewed
on
10/26…BB
&
K
was
selected.


Jim Bouziane motions
to issue agreement to
retain BB
&
K through 12/12. Emily

Harrison

second
s. Di
scussion
:

E mi l y Ha r r i s o n: BBK wa s
b y f a r t h e o u t s t a n d i n g
c a n d i d a t e. Mi c h e l l e Mc Gu r k me n t i o n e d t h a t h e r e x p e r i e n c e wi t h BB&K’ s s t a f f d u r i n g
t h e BOOM
n e g o t i a t i o n s

h a s b e e n v e r y g o o d.

Bo a r d Vo t e:

u n a n i
mo u s
.


Ac c o mp a n y i n g d o c u me n t s:



S t a f f Re p o r t L e g a l S e r v i c e s F I NAL 1.p d f



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10
)

BayRICS JPA INSURANCE REQUIREMENTS:
(Discussion and Possible Action
Item
) At

the first
meeting of the JPA on August 8, a request was made for information
on the insurance needs for
the JPA Board of Directors. Emily Harrison (Santa Clara
County) will present her findings and recommendation
.



Emily Harrison: BB
&
K asked to review, trailing BOOM.


11)

CONFLICT OF INTEREST CODE:
(Discussion and Possible Action Item) Dave

Kozicki will present the draft Conflict of Interest Code
.


Dave Kozicki:
Statute

required
. The JPA must adopt by the Chair
signing

the attached
Declaration; which starts a 45 day comment period; a organization chart with job
descriptions will be developed and filed with the Fair Political Practices Commission.



Anne Kronenberg: UASI will pay for staff for one year. Next UASI mee
ting will
address job descriptions.


Emily Harrison
suggested

Sub
-
Committee

members

be bound by the Conflict of
Interest

Code
.


Motion
by Gayle
Uilkema

for BB
&
K to review

the proposed Code
.
Seconded by Emily
Harrison, unanimous.



Accompanying Document
s:



CONFLICT OF INTEREST STAFF REPORT.docx



CONFLICT OF INTEREST CODE (DRAFT) Attachment A.docx



Conflict of Interest Declaration CEO sub (MC)
-

Attachment A.doc



Conflict of Interest 2010 Notice of Intention
-

Attachment C.doc



Karen Wong leaving

for 1:00 pm meeting in Sacramento



12)

COMMON

PRESENTATION AND TALKING POINTS:
(Discussion and Possible
Action Item) Dave

Kozicki will present

the draft and recommendations.


Dave
Kozicki

distributed

Motorola’s BayWEB literature and
referred

interest to the
www.bayweb.org

website


Accompanying documents:



BayWEB Literature
.pdf



BayWEB TriFold.pdf





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New Business


1
3
)

BART FIBER MOU:


(Discussion and Possible Action Item)
BART has stated a
preference to enter into an agreement for site and fiber use directly with the JPA as
opposed to with Motorola.


Dave Kozicki will present the draft and recommendations.




Dave Kozicki:
Negotiation with BART is
ongoing
. BART is
committed to allow use of
fiber and facilities, however wishes to e
ngage
the
JPA directly as an inter

gov
ernmental

relationship.


14)

PROJECT CORNERSTONE EXPERIENCE:
(Discussion)

A s h o r t ( 9:3 0
-
1 0:0 0 )
e x p l a i n i n g 4 G LTE t e c h n o l o g y a n d yo u r e x p e r i e n c e
wi t h Pr o j e c t Co r n e r s t o n e n o t f r o m
t h e n e e d f o r mo r e s p e c t r u m p e r s p e c t i v e b u t f r o m t h e p e r s p e c t i v e o f n e t wo r k
p e r f o r ma n c e, a n d t h e i n d u s t r y s t a n d a r d s.
An d r e w Se yb o l d p r e s e n t i n g ( v i a p h o n e ).


Ta k e n o u t o f o r d e r: Bi l l Mc Ca mmo n i n p e r s o n, An d r e w Se yb o l d o n
t h e p h o n e
.


An d r e w Se yb o l d: LTE i s a n FCC r e q u i r e me n t f o r p u b l i c
s a f e t y

d a t a. LTE i s t h e f i r s t
g r o u n d u p t e c h n o l o g y

a d d r e s s i n g
h i g h

s p e e d wi r e l e s s d a t a. Pr i o r 2 g
-
3 g s o l u t i o n s h a v e
b e e n a d d o n s t o v o i c e t e c h n o l o g y
.
I n t e r n a t i o n a l 3 GPP
St a n d a r d
s g o v e r n e d b y
r e c o g n i z e d
St a n d a r d s

b o d y
. LTE i s q u i c k l y b
e c o mi n g t h e s t a n d a r d i n t h e wi r e l
e
s s
c o mme r c i a l i n d u s t r y.
Fu t u r e u
p g r a d e s a r e g e n e r a l l y s o f t wa r e o n l y.


Co r n e r s t o n e t e s t i n g:
C
a p a c i t y i n a s i n g l e s e c t o r

i s a b o u t

1 9 mb
/s

data rate
in a 5
mHz
trans
mit
x 5mHz

receive system.
Capacity will become an issue when large incidents
that
occur in a single cell. But LTE allows
dynamic

setting
of
priority.


Mark Anderson: Software upgrades on subscriber units
? Andrew Seybold: Generally
would be “
Over the

Air
.”


Mark Anderson:
Asks

about the cell edge distance for the site
?
Andy Seybold:
Dependant on
terrain

and buildings, but 8+ miles with clear line of site. Cornerstone
demo was
3.8 mile
s but had obstructions.


Chris Flatmoe: Traffic management pr
iority. Can a jurisdictions set local
priorities

voice over data
? A
ndrew Seybold:
voice needs priority due to
Quality

of Service
requirements
. Voice over LTE is not mission critical

and

is being tested only. There is
currently

no timeline

for any real

deployment due to issues with


One
-
to
-
Many


and

talk around

problems
are not currently possible.
.


Ed Woo:
Questions the
granularity of setting priority. A
ndrew Seybold: Very f
lexible
,

based on
system.


Accompanying documents:



Cornerstone11
-
1
-
11_Final_Amended



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15)

NTIA UPDATE:
(Discussion)

Lance Johnson (NTIA by phone) to provide an update
on the NTIA time line/deadlines


Taken o
ut of order: Lance Johnson
: Timelines:
8/1
/2012
-

67%
of $73,000,000
spent,
an d
67% of
milestones complete
d;
8/1/
20
13
-

100% complete.
Any unexpended funds
returned to the treasury by 9/2013
.


Dennis Smiley
: What are the Milestones? Lance Johnson: Milestones are not public
record.


Secretary

notes: 67% of
$
73
,000,000 is about
$49,000,000

and 130 sites
.


Michelle McGurk:
Recent
Congressional Staff meetings? L
ance Johnson: Yes, met
with several Bay Area staffers. They are
encouraging

the JPA and members move
forward quickly.


Jim Bouziane motions:
The
JPA

issue an executive
summary outlining

accomplishments

thus far
, key decisions
,
timeline

and goals. Michelle McGurk
seconded and offered to right the document by
11/7

and distribute
widely
.
….unanimous.


General
Public Comment


1
6
)

GENERAL PUBLIC COMMENT
:
Members of the
public may address the Approval
Authority on items within the jurisdiction of the Authority.


Chair
has received letters if support from:



San Francisco Fire Fighters Union;



San Francisco Police Officers Union
;


and the



Hospital Council of Northern and
Central California.


Acompanying documet(s):



SFFF Local 798 Support
.pdf



SFPOA Support
.pdf



Hospital Council Support
.pdf


1
7
)

FUTURE MEETING DATES


Thursday, December 1
st

2011 at

9:00 am

Alameda County Office of Emergency Services

4985 Broder Blvd, Dublin,
CA 94568


18
)

Adjournment



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If any materials related to an item on this agenda have been distributed to the Authority members
after distribution of the agenda packet, those materials are available for public inspection at the
Alameda County Office of
Emergency Services, 4985 Broder Blvd., Dublin, CA 94568 during
normal business hours
. Or on the internet at:
http://www.sonomasheriff.org/BayRICS/


Disability Access

The Authority will hold this
meeting at the Alameda County Office of Emergency Services,
4985 Broder Blvd., Dublin, CA


In compliance with the Americans with Disabilities Act, those requiring accommodations for this
meeting should notify Deputy David Kozicki, at least 24 hours prior t
o the meeting at (510) 225
-
5971.