NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS REGULAR MEETING
Wednesday, January 11, 10:00 am
Eureka City Council Chambers ~ 531 “K” Street, Room
208
Humboldt County
DRAFT 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. MATTERS
FROM THE BOARD
E. CONSENT
CALENDAR
1. Approval
of Financial Statements – November 2005
2. Approval
of Minutes – December 2005
3. Renewal
of Contract with CF Solutions for Consulting Services needed to secure TCRP
Funding
F. 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.
G. PRESENTATIONS
H. CONDUCT
OF BUSINESS
1. Consideration
and Approval of Issuance of Request For Proposals for an Operator of Rail
Freight and Excursion Service on the
North Western Pacific Rail Line.
2. Request
for Disaster Assistance funding in State Declared Counties.
3. Lease
of Maintenance Equipment to Skunk Train.
I. COMMITTEE
REPORTS
J. STAFF REPORTS
1.
Executive Director Mitch
Stogner
a) 2006 Progress Report
2. Legal Counsel Chris Neary
K. CLOSED
SESSION
1. Conference
with Real Property Negotiators
Agency Negotiators: Rob Kranz
(who will not be present), Mitch Stogner, Christopher Neary;
Government
Code Section 54956.8 (1 case)
Under Negotiation:
(1) Assignment of an existing industrial at-grade crossing from Louisiana
Pacific to Tyris Corporation;
its contractor and Shamrock Materials; (2) Possible resumption of negotiations for three permanent
crossing agreements between MP 83.48 and 83.75 near Cloverdale, California; (i) an
at -grade crossing for vehicular traffic; (ii) a public under- crossing;
and (iii) utility crossings for water, sewer and electrical lines.
Negotiating Parties:
Tyris Corporation and NCRA.
2.
Conference with Legal Counsel---Existing Litigation
Government Code Section
54956.9 (a) (4 cases)
a).
Michael Meyers vs. NCRA, pending before the Surface Transportation Board,
Financial Docket
# 34337; and related case: Meyers vs. Surface Transportation Board, U.S.
Court of
Appeals, Ninth Circuit, Case # 05-75440;
b).
NCRA vs U. S. Coast Guard, US District Court, Northern District Case # 05-2739;
c)
NCRA vs. Jerico Products, Sonoma County Superior Court Case # SCV235961; and
related case: Jerico Products vs.
SMART, US District Court Case # 05-00210;
d) Hight vs. NCRA, Mendocino Superior Court Case
# CV 80240
3. Conference with Legal Counsel-Anticipated
Litigation:
(1) Significant Exposure to litigation
Government Code Section 54956.9(b) (3
cases)
(2) Significant Exposure
to litigation
Government Code Section 54956.9(c)
Initiation of Litigation (Two
potential cases)
L. ANNOUNCEMENT
OUT OF CLOSED SESSION
M.
ANNOUNCEMENT OF NEXT
MEETING
February 8, 2006
Ukiah City Council Chambers
Mendocino County
N.
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.