NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

Wednesday, November 8, 2006 ~ 10:00 a.m.

Willits City Council Chambers

111 East Commercial Street, Willits

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

 

            1.         Recognition of Outgoing Board Member – Hal Wagenet

            2.         Recognition of Incoming Board Member – David Colfax

 

E.         COMMITTEE REPORTS

 

            1.         Property Committee Report – Director Simonson

 

F.         CONSENT CALENDAR

 

             1.        Approval of Minutes – October 2006

             2.        Approval of Property Committee Meeting minutes – October 2006

             3.        Approval of Financial Statements - October 2006

             4.        Approval of Expense Reimbursement October 2006 – Executive Director           

             5.        Approval of Warrants Issued – October 2006

             6.        Approval of Final 06-07 FEMA/OES, TCRP, and Agency Budgets

             7.        Approval of CTC Quarterly Financial Report – 1st Quarter 06/07

             8.        Approval of Contract – Legal Services

           

 

G.        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.

 

 

 

 

 

H.        CONDUCT OF BUSINESS

 

            1.         Samoa Pacific Group – Alignment Study MOU

                                    Property Committee Recommendation:  Direct staff to enter into a Memorandum of Understanding with Danco Group to develop an alignment study for the project located in Samoa, Humboldt County.

 

            2.         Carlotta Branch Lease Agreement – Bob Hansen

                                    Property Committee Recommendation:  Direct staff to enter into negotiations with Mr. Hansen for a lease of ROW that intersects his property in Carlotta, conditional on Mr. Hansen reimbursing NCRA for the cost of an appraisal of the property.

 

            3.         Railroad Avenue Crossing

                                    Property Committee Recommendation:  Direct staff to enter into a Memorandum of Understanding with Murphy’s Dock to pave over the existing crossing located at Railroad Avenue, conditional on Murphy’s Dock contributing to the cost of repair at the Direction of NCRA and NWP Co.

 

            4.         West End Road Culvert and Rail Removal

                                    Property Committee Recommendation:  Direct staff to enter into an agreement with the County of Humboldt for removal of approximately ½ mile of track located at West End Road in Arcata, conditional on the County of Humboldt constructing a dirt Berm south of West End Road.

 

            5.         Hopland Open Market

                                    Property Committee Recommendation:  Direct staff to enter into a temporary agreement with Cristobal and Carmen Lopez to hold a Saturday and Sunday Open Market on the property they lease from NCRA property located in Hopland, conditional on receipt of appropriate insurance certificates.

 

            6.         Tyris Corp.

                                    Property Committee Recommendation:  Direct staff to extend the current temporary crossing agreement for one crossing one user (Tyris) located in Cloverdale for an annual charge of $3000.00.  The temporary, revocable agreement will expire January 1, 2008.

 

            7.         Petaluma Bridge

                                    Property Committee Recommendation:  Direct staff to reaffirm previous Board decision to allow the City of Petaluma to remove the Petaluma Bridge,      conditional on an MOU between SMART, the City of Petaluma, and Army Corps of Engineers for reconstruction of the spur serving Dairyman’s Feed prior to restoration of Phase 1 service (Lombard to Windsor).

 

            8.         CalTrans Request to Declare 4 Crossings Exempt

                                    Property Committee Recommendation:  Direct staff to enter into an agreement with CalTrans that would declare 4 crossings, one in Mendocino County and three in Humboldt County, temporarily PUC-exempt with the understanding that the crossings must be immediately returned to active status upon direction from NCRA and NWP Co.

 

            9.         Sale of “Sunset” Coach

                                    Recommendation: Direct staff to enter into negotiations with private parties interested in purchasing “Sunset” coach.

                                   

            10.       Crossing Agreement – Silverado Sonoma Vineyards, LLC

                                    Recommendation: Approve changes in lease agreement to reflect change in property ownership.

 

I.          STAFF REPORTS

 

            1.             Operator’s Report - John Williams – NWP Co.

 

            2.         Engineer’s Report – Dave Anderson - NCRA Project Manager

           

3.         Executive Director – Mitch Stogner

 

            a. CTC Update

            b. November 7 election results – Prop 1B, Measure R.

            c. RFP for Engineering/Planning Services

 

4.         Legal Counsel - Chris Neary

 

J.         CLOSED SESSION

 

            1.             Conference with Legal Counsel – Existing Litigation

                                Government Code Section 54956.9(a)(1 case)

                                NCRA vs. Jerico Products, Sonoma County Superior Court Case # SCV235961; and related case: Jerico Products vs. SMART, US District County Case # 05-00210

 

 

K.         ANNOUNCEMENT OUT OF CLOSED SESSION

 

L.         ANNOUNCEMENT OF NEXT MEETING

           

            December 13, 2006, 11:00 a.m.

                Healdsburg City Council Chambers

                401 Grove Street, Healdsburg

                Sonoma 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.