NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

Thursday, October 27, 10:00 am

Willits City Council Chambers ~111 E. Commercial Street

Mendocino 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 - August 2005

                2.                Approval of Financial Statements - September 2005

            3.                Approval of Final 05-06 NCRA Budget

            4.                Approval of Minutes – Property Meeting – August 2005

                5.                Approval of Minutes – Regular Meeting - August 2005

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.                Request Board Support for Access to ISTEA Funding

                2.                Policy Discussion Regarding RFP and Establishment of Peer Review

                3.                Consideration of Support Position of GO21 Principles

                4.                Consideration of Track Access Policy

                5.                Consideration of Passenger Operations Termination Agreement

I.            COMMITTEE REPORTS

            1.            Operator Committee Report – Director Hemphill

J.         STAFF REPORTS

1.                   Executive Director Mitch Stogner

                a)  Veto of SB 792

                b)   Update on FEMA/OES Grant – Dave Anderson             

2.                Legal Counsel Chris Neary

K.            CLOSED SESSION

            1.                Conference with Legal Counsel – Anticipated Litigation

                                Significant Exposure to litigation pursuant to Government Code 54956.9(b) (three cases)

                2.                Conference with Legal Counsel – Existing Litigation

                                Government Code 54956.9(a) (4 cases)

                                a.)                NCRA vs. Jerico Products, Sonoma County # 235961.

                                b.)                Jerico Products vs. SMART, Northern District of California, Case #  C-05-00210 JSW.

                                c.)                NCRA vs. U.S. Coast Guard (FOIA action), Northern District of California,

                                                Case # C 05-2739.

                                d.)                California Western vs. NCRA; STB Finance Docket # 34337 and accompanying case                                                        before U.S. Circuit Court of Appeals, Ninth Circuit.

 L.             ANNOUNCEMENT OUT OF CLOSED SESSION

M.               ANNOUNCEMENT OF NEXT MEETING

            December 15, 2005

                Healdsburg City Council Chambers

                Sonoma 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.