BOARD OF DIRECTORS REGULAR MEETING
Approved Minutes
A. CALL
TO ORDER
Chairman Hemphill called the meeting to
order at
B.
Directors
Present: Simonson, Kelley, Colfax, Ziedrich, Woolley, Chairman
Hemphill
Directors
Absent: Ollivier
Also
Present: Executive Director
C. AGENDA
APPROVAL
Upon Motion by Director Kelley, and seconded by
Director Simonson, the Agenda was approved as presented.
D. MATTERS
FROM THE BOARD
1. Introduction
of Newly Appointed Cities Representative – Eric Ziedrich
Director Kelley introduced Mr. Eric Ziedrich from
Healdsburg who was recently appointed to the NCRA Board as the Cities’ Representative.
He said that Director Ziedrich is a current City of
Director Simonson updated the Board on Don
Edmisten’s recovery from serious surgery. He is out of ICU and beginning the
rehabilitation process. He also wished the
family of Jack Kelleher condolences on Jack’s passing. He pointed out that Jack was an NCRA Board
member and long-time rail proponent who will be missed.
E. CONSENT
CALENDAR
1. Approval of Minutes – February 2007
2. Approval
of Financial Statements - February 2007
3. Approval
of Warrants Issued - February 2007
4. Approval
of Executive Directors Expenses – February 2007
Upon motion by Director Kelley, seconded by Director
Woolley and carried unanimously, Consent Calendar Items E.1 – E.4 were
approved.
F. PUBLIC
COMMENT
No Public Comment
G. CONDUCT
OF BUSINESS
1. NCRA
Draft Single Year Audit for Fiscal Year 05-06 Prepared by Aycock and Edgmon CPA’s.
Recommendation: Approve Draft Single Year Audit
Executive
Director Stogner introduced
Stacey
Edgmon presented the Board with NCRA’s Single Year Audited Financials for
fiscal year 2005-06.
Chairman
Hemphill thanked staff and said that it is important to note that again NCRA
has proved that it is not a “high-risk grantee.”
Director
Woolley asked how NCRA will go about removing the “high-risk grantee”
designation.
Executive
Director Stogner said that staff will research the issue. He said that Caltrans Audits Division is
scheduled to be in the NCRA office conducting a follow-up audit on March 26 and
he hopes that after that audit NCRA will be better prepared to remove the “high-risk”
designation.
Upon Motion
by Director Woolley, seconded by Director Kelley, and carried unanimously the
NCRA Single Year Audit for fiscal year 2005-06 was approved.
2.
Recommendation: Direct
Staff to Enter into Negotiations with
Executive
Director Stogner updated the Board on the Caltrans reimbursement process for
TCRP allocations. He said that
contractors are paid and then CalTrans reviews invoices and reimburses
NCRA. He said that the invoices payable
to contractors under the
He said
that NCRA is moving into the construction phase and will be requesting funding
for signal repairs from the
Director
Kelley summarized the elements of the Bridge Loan discussions with
Upon Motion
by Director Kelley, seconded by Director Simonson, and carried unanimously, the
Board approved staff entering into bridge loan negotiations with
3. NCRA/Port of
Recommendation: Direct
staff to develop a joint application with Humboldt Bay Harbor District for Prop 1B funds. Application to be reviewed
with Humboldt Bay Harbor District Joint Advisory Committee in April.
Executive
Director Stogner said that NCRA is working with the Executive Director of the
Humboldt Bay Harbor District on a Joint Application for Proposition 1B Funds,
the Trade Corridor Improvements Funds Program.
He said that the application will be ready for consideration by the
Port/Rail Committee in April.
Upon Motion
by Director Kelley, seconded by Director Woolley, and approved unanimously the Board
directed staff to develop a Joint Application with the Humboldt Bay Harbor
District for Proposition 1B Funds.
H. STAFF REPORTS
1. Executive
Director –
A.
SB 861 (Wiggins)
B.
Executive Director Stogner said that Senator Pat Wiggins
has agreed to carry legislation for NCRA.
He said that he would like to issue a letter to Cities and Counties
along the rail corridor seeking support for SB 861. He also said that this legislation would
allow NCRA to complete the Environmental Consent Decree Clean-up and handle a
variety of right-of-way issues such as debris, homeless encampments, and bridge
and levee repair.
Mr. Stogner said that the NCRA is on the Consent Calendar
at the
2. Russ
Mustola – Mustola Management
A. Financial
Update through
Russ Mustola of Mustola Management gave an overview of
his history with the NCRA. He also presented
the Board with the first 6 months of 2007 accrual basis financial statements.
Chairman Hemphill thanked Mr. Mustola for the update and acknowledged
Mr. Mustola’s experience and past involvement.
Chairman Hemphill asked how the inventory issue will be handled.
Mr. Mustola said that NCRA will begin with a spreadsheet
to track inventory. He said that each item
is currently stored in a controlled, organized environment. He also said that NCRA will be cataloging the
inventory using a spreadsheet and NCRA will track each piece of equipment as it
leaves storage.
Director Woolley suggested a Finance Workshop discussion
be agenized so that the workshop could be scheduled and Directors can be
updated on NCRA accrual basis financial statements.
Director Kelley said that a Finance Committee Workshop
would be helpful. He said that
CalTrans Audits has legitimate concerns with respect to inventory
and he said that it important to have a reliable, consistent system. He also said that NCRA is moving in the right
direction to comply with Caltrans Audits requirements.
3. Engineer’s Report – Dave Anderson - NCRA Project Manager
Dave Anderson presented the Board with a PowerPoint presentation
showing the repair work that is being done on the right-of-way.
Director Kelley said that it is important that NCRA be
recognized for the hard work and dedication that has made these repairs
possible given the limited agency funding.
Executive
Director Stogner said that it is important for people
to know that the repairs have begun and he said that the signal repair contract
would be a milestone and a good opportunity to make the public aware of the repair
work.
He also said that NCRA will be having meetings with various county and city
engineers and public works directors to explain what NCRA will be doing and how
the repairs will progress through their communities.
Director Woolley said that many of these projects are
considered to be habitat improvement projects and extremely important in terms
of environmental protection issues.
Mr.
Anderson also presented the Board with an update to the construction schedule. He said that HNTB is on schedule with the
plans for signal repair and that he will be going around to the various
permitting agencies so that each agency understands the process for signal
repairs. He also updated the Board on the progress of the levee repairs at
Schellville and Fish and Game’s role in those repairs.
4. Operator’s
Report -
Mr. Williams said that he took people from Berg Holdings
on a tour of the real estate that is owned by NCRA in
Mr. Williams said he is ready to revisit the MOU between NCRA
and NWP Co to address the property issues and the
5. Legal
Counsel - Chris Neary
No report
The
Board convened into Closed Session at
I. CLOSED
SESSION
1. CONFERENCE WITH LEGAL COUNSEL –
Existing Litigation
(Two Cases) Gov Code Section 54956.9 (a)
(a) NWPY vs. NCRA
(b) Humboldt Baykeeper vs. Union Pacific, NCRA et al.
2.
CONFERENCE
WITH LEGAL COUNSEL-Initiation of Litigation
Government Code Section 54956.9 (c)
Litigation to be discussed: Enforcement
of Billboard Removal on NCRA property.
3. CONFERENCE WITH
Gov Code Section 54956.8
Healdsburg and
Negotiators:
Negotiating Parties: NCRA, NWP Co;
and SMART
Under Negotiation: Operating Agreement revision and approval of
NWP Co.
J. ANNOUNCEMENT
OUT OF CLOSED SESSION
The Board
reconvened into open session at
Legal Counsel reported that the Board met with Counsel,
received information and gave direction on two cases of Existing Litigation.
Legal Counsel also reported on the matter of Initiation
of Litigation, and reported that the Board acted
to authorize staff to agendize issuance of a contract for removal of the
billboards.
Legal Counsel said that the Board acted in closed session
to appoint the Operator Committee, NCRA Executive Director, NCRA Legal Counsel,
and NCRA Operator
K.
ANNOUNCEMENT OF
531 “K” Street Room 208 -
L.
ADJOURNMENT
Chairman Hemphill adjourned the meeting at