NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

 

Wednesday, January 19, 2005 10:00 AM

Willits City Council Chambers

111 Commercial Street, Willits, Mendocino County

 

 AGENDA

 

AGENDA NOTE

All items appearing on the agenda are subject to action by the Board of Directors. Staff recommendations are subject to action by the Board of Directors. Staff recommendations are subject to change by the Board.

 

A.        CALL TO ORDER

 

B.        ROLL CALL

 

C.            AGENDA APPROVAL

 

D.            CONSENT CALENDAR

 

            1.                Approval of Minutes – December 2004

                2.                Approval of Financial Statements – December 2004

               

E.            PUBLIC COMMENT

            Comments will be limited to three minutes per person and not more than ten minutes per subject, so that everyone can                          be heard.  “Public comment” time is limited to matters under the jurisdiction of the Authority that may not have been                          considered by the Authority previously and are not on the agenda.  No action will be taken.  Members of the public may                 also comment during specific agenda items when recognized by the Chair.

 

F.            CONDUCT OF BUSINESS

               

                1.                Election of Officers; Chair, Vice Chair, Second Vice Chair

           

G.            STAFF REPORTS

           

            1.                Executive Director Mitch Stogner

 

A)                 Update – FEMA/OES Grant Final Scope-of-Work               

B)                  Letter from Mayors to Sen. Chesbro & Assemblymember Berg

C)                  Update – Legislation to Reallocate Q- Fund

 

2.                   Legal Counsel Chris Neary                

 

A)                Update – Policies & Procedure Manual                                                                                           

 

 

 

 

H.            COMMITTEE REPORTS

 

1.                   Ad  Hoc Operator Committee – Director Ripple

2.                   Ad Hoc Committee for Letter to Legislators – Director LaVallee

 

 I.            MATTERS FROM THE BOARD

                                                                                                                       

J.            CLOSED SESSION

 

1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

 

Government Code Section 54956.9 (a)

Michael H. Meyer vs. NCRA

Surface Transportation Board Docket # 34337

 

2. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION

 

Government Code Section 54956.9 (a)

NCRA vs. Jerico Products Inc. et al.

Sonoma Superior Court # 235961

 

3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

 

Initiation of litigation , two cases

Government Code Section 54956.9 (c)

 

4. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

 

Significant Exposure to litigation

Government Code Section 54956.9 (b) one case

 

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

 

Property: Crossing to land formerly owned by Louisiana Pacific near Cloverdale California

Agency Negotiator:  Rob Kranz through designee  Mitch Stogner

Negotiating Parties:  NCRA-Tyris Corp.

Under Negotiation:  Terms, Price

Government Code Section 54956.8

 

                         

K.             ANNOUNCEMENT OUT OF CLOSED SESSION

 

L.               ANNOUNCEMENT OF NEXT MEETING

           

            February 16, 2005

                Fortuna City Council Chambers

                621 11th Street

Fortuna, Humboldt County

               

           

M.                ADJOURNMENT

                                               

 

AGENDA NOTE

All items appearing on the agenda are subject to action by the Board of Directors. Staff recommendations are subject to action by the Board of Directors. Staff recommendations are subject to change by the Board.

 

AMERICAN WITH DISABILITIES ACT (ADA) REQUESTS

To request disability-related modifications or accommodations for accessible locations or meeting materials in alternative formats (as allowed under Section 12132 of the ADA) please contact the NCRA office at 707 463-3280, at least 72 hours before the meeting.

 

ADDITIONS TO AGENDA

The Brown Act, Section 54954.2, states that the Board may take action on off-agenda items when: a) a majority vote determines that an “emergency situation” exists as defined in Section 54956.5, or b) a two-thirds vote of the body, or a unanimous vote of those present, determines that there is a need to take immediate action and the need for action arose after the agenda was legally posted, or c) the item was continued from a prior, legally posted meeting not more than five calendar days before this meeting.

 

CLOSED SESSION

If agendized, NCRA may adjourn to a closed session to consider litigation or personnel matters. Discussion of litigation or pending litigation may be held in closed session by authority of Government Code Section 54956.9; discussion of personnel matters by authority of Government Code Section 54957; to confer with their negotiator regarding real property by authority of Government Code Section 54956.8.