NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

Wednesday, March 8, 2006, 10:00 am

Healdsburg City Council Chambers ~ 401 Grove Street

Sonoma 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 – January 2006

                2.             Approval of Minutes – February 2006

                3.             Approval of Minutes – February 2006 Property Committee Meeting

                               

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

 

                1.             Moss Bittner – Report on Goods Movement Meeting in Long Beach

 

H.        CONDUCT OF BUSINESS

 

                1.             Approval of Fiscal Year 04/05 Single Year Audit                          

                2.             Approval of Resolution for TCRP Application 32.5 - $2.9 mil ECD

                3.             Approval of Resolution for TCRP Application 32.4 - $4.9 mil Emergency Repairs

                4.             Consideration of Tyris Corporation Application for Temporary License Agreement for three crossings retroactively for calendar year 2005; and calendar year 2006.

               

I.          COMMITTEE REPORTS

 

 

J.         STAFF REPORTS

 

1.                    Executive Director Mitch Stogner

               

                a)  CTC Update

               

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;

                                Gov. Code Section 54956.8

                                Under Negotiation (1) Assignment of an existing industrial at-grade crossing; from Louisiana Pacific to Tyris Corporation; its contractor and Shamrock materials; (2) consideration of Applications for Temporary License for years 2005 and 2006; (3) Possible resumption of                                                    negotiations for permanent easements (4) price, terms and safety requirements for all of the above.

                                Negotiating Parties: NCRA and Tyris Corporation

                                Location: Between MP 83.48 and 83.75 near Cloverdale, Ca.

 

                2.             CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

                                Gov. Code Section 54956.9(a)

                                Two related cases

                                NCRA vs. Jerico Products, Sonoma County # SCV235961

                                Jerico Products vs. SMART, U.S. District Court Case #05-00210

                                Consideration of Settlement of both cases

 

            3.         CONFERENCE WITH LEGAL COUSEL – ANTICIPATED LITIGATION

                                (1)Significant exposure to litigation

                                Gov. Code Section 54956.9(c)

                                Two potential cases

               

L.         ANNOUNCEMENT OUT OF CLOSED SESSION

 

M.        ANNOUNCEMENT OF NEXT MEETING

           

            April 12, 2006

                Eureka City Council Chambers

                531 K Street

                Humboldt 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.