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NORTH COAST
RAILROAD AUTHORITY (NCRA) |
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BOARD OF DIRECTORS
REGULAR MEETING MINUTES |
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WEDNESDAY, MAY 17, 2000 AT
10:00 A.M. |
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EUREKA CITY HALL |
531 K STREET, EUREKA, HUMBOLDT COUNTY, CALIFORNIA |
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A.
CALL TO ORDER
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����������� Chair Jehn called the
meeting to order at 10:05 a.m. |
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B.
ROLL CALL |
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����������� Directors present:� Chair Jehn, Jack McKellar, Robert E.
Simonson, and Max Schlienger. |
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����������� Directors absent:� First Chair David Ripple, Allan Hemphill,
Daniel Opalach. |
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����������� Also present: �Executive Director Max H. Bridges, General
Counsel Christopher J. Neary, Property��������� |
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����������� Manager Cyndee Logan, and
Administrative Assistant Pamela Fishtrom. |
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C.
MINUTES |
����������� Approval of Minutes of the April 12, 2000 Regular Board Meeting |
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� ����������Dir. McKellar
motioned to approve the Minutes as written; seconded by Dir. Schlienger.� Vote
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����������� taken; motion passes unanimously.
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D.
AGENDA
APPROVAL
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����������� Dir. McKellar motioned to approve the Agenda subject to inclusion under Item I � Legal Reports of |
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an action� item
addressing extension of the statute of limitations for lawsuits by Pacific
Rail
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Services and Bushnell Enterprises.� Seconded by Dir. Simonson.�
Vote taken; motion passes
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����������� unanimously.�� ��
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E.
PUBLIC
COMMENTS
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Kay Strickland, Chair of
Citizens for Port Development, thanked the Board for posting information
to�
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the NCRA web site, and is
actively seeking vocal support for the Railroad to pursue headwaters
funds.�
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F.
CONDUCT OF
BUSINESS
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����������� 1.�� Proposed Amendment to Rail-Ways, Inc. Lease and Operating Agreement��������������������� |
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General Counsel Neary reported he and John Darling, President of Rail-Ways, Inc. jointly |
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recommend the contract contingency date be extended to July
15, 2000. |
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Dir. Simonson motioned to approve Section
3.01 of the contract be changed to read July 15, 2000.�� Seconded by Dir. McKellar.� Vote taken; motion passed unanimously. |
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����������� 2.�� Proposed Amendment to the South End Remediation Contract with NorCare |
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��� This item was continued to the June, 2000 Regular Meeting. |
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����������� 3.�� Announcement of Employer Contribution Rate for Membership in
CalPERS and Agreement |
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����� to
Pool 1959 Survivor Benefits Assets and Liabilities |
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����� Chair Jehn announced the annual employer contribution rate for membership in CalPERS is |
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����� estimated to be $3,753.01, of which the employer rate based on payroll is $3,690.61, subject to |
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change with future amendments and/or experience and other
factors, coupled with $62.40, the |
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employer cost for Survivor Benefits, subject to annual
change.�� |
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Dir. Schlienger motioned to authorize the
Secretary to execute the Certificate of Compliance with |
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Government Code Section 7507 � that the future annual employer costs have been made public.� |
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Seconded by Dir. Simonson.� Vote taken; motion carried. |
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Dir. Simonson motioned to approve the
Agreement to Pool 1959 Survivor Benefits Assets and |
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Liabilities and authorize the Chair to
execute it on behalf of the Board.�
Seconded by Dir. |
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McKellar.� Vote taken; motion carried. |
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����������� 4.�� Adoption of Revised Bylaws |
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����� Executive Director Bridges introduced revised Bylaws for additional comments by Board members |
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����������������� and Counsel.� Suggestions were received and the matter was sent back to Committee.�� |
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����������� 5.�� Execution of Judgment Re: Law Offices of Roberts, Hill, Bragg,
Angell & Perlman |
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����������� Based on General Counsel Neary�s
recommendation, Dir. Simonson motioned to approve this |
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����������� judgment sought
for professional services rendered.�
Seconded by Dir. McKellar. Vote taken; motion |
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����������� passed unanimously. |
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���������� 6.��� Proposed Agreement for Property Management Services |
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����������������� Consistent with direction
given during the Regular Board Meeting of April, Executive Director |
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����������������� Bridges submitted for
approval revisions to the contract for Property Management Services.��� |
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�� ��������Dir. Schlienger motioned to approve
the contract revisions with the additional commitment of
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paying for the Property Manager�s professional liability insurance at
not more than $1,000 per year.��
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Seconded by Dir. Simonson. �Vote taken; motion passed unanimously.
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G.
LIAISON
REPORTS
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����������� 1.�� Northwestern Pacific Railroad Authority (NWPRA) � Max H.
Bridges |
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Executive Director Bridges provided a written report reflecting items
of interest from the NWPRA |
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������ �����������Board Meeting of May 1, 2000.� In addition, he reported significant
damage to signal crossing |
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����������������� protection was sustained
on NWPRA property in Sonoma County at Fulton and River Roads by |
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����������������� underground work performed
by Pacific Gas & Electric (PG&E).�
Chair Jehn reported a meeting������������������ |
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����������������� was held to facilitate
station site development of the Petaluma Depot while considering the future |
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����������������� needs of freight service
operations. |
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����������� 2.�� Legislation � Max H. Bridges |
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Chair Jehn reported a hearing is scheduled during this week regarding
AB1093, funding for short�������� |
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����������������� line railroads proposed by
Assemblymember Strom-Martin.� |
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����������� 3.�� Passenger � Robert Jehn |
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Executive Director Bridges reported the committee met May 2, 2000 with
California Redwood� |
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������ Coast Company, NCRA�s
contractor for passenger service, to discuss several issues.� Proponents of���� |
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������ rail passenger service around Humboldt Bay were invited to speak at the committee meeting and at |
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meeting, but were unavailable. |
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�4.�� Cities � Jack McKellar |
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������ No
report.� |
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�5.�� Sonoma-Marin Area Rail Transit Commission
(SMART) � Robert Jehn |
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Chair Jehn reported SMART met May 10, 2000 when they approved for
distribution a final draft of |
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������ the
document which provides for the start up of commute service from Cloverdale
to San Rafael.�� |
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���� ��Comments regarding the document are due by
June 30, and a meeting is scheduled August 9 to |
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������ review those
comments.� In addition to $28 million
of Proposition 116 money appropriated, the���� |
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������ Governor proposed $37
million dollars from his budget.�
However, additional funding is required������� |
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because start up costs have been projected at $165 million. |
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�6.�� Web Site � Robert Jehn |
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����������������� Chair Jehn reported on the
amount of viewers accessing the site monthly since its inception in� |
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����������������� February, 2000. |
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7.�� Contractor � Rail-Ways,
Inc. |
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����������������� John Darling, President,
reported as follows: |
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����������������� The damage caused by
PG&E, as previously reported by Mr. Bridges, is estimated at $200,000,
and |
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����������������� he requested direction
regarding proceeding with this issue.�
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����������������� The rest of the
rehabilitation project is suspended pending receipt of funding with the
exception of |
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����������������� Federal Highway
Administration work replacing crossings in Santa Rosa.� |
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����������������� There is no work being
performed North of Willits.� |
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����������������� Train service � The
Federal Railroad Administration (FRA) provided a waiver for one commercial |
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����������������� movement. |
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����������������� Environmental � Nicad
batteries have been removed from the property, and an environmentally |
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����������������� friendly device using
steam has been located which would be used for vegetation control. |
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����������������� A written report will be
submitted. |
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����������������� He spoke with staff
regarding the factoring of invoices which is more difficult than first
envisioned. |
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����������������� He encouraged and offered
help in securing funds through the Transit Capital Improvement (TCI) |
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����������������� fund. |
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����������������� He intends to share more
fully his strategic plans for operating the Railroad as the track
becomes� |
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����������������� available. |
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�������������� ���Chair Jehn responded by reporting on where the Board is in
securing prospective funding from the���
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����������������� Governor�s
proposed budget, TCI, and the potential Pacific Bell fiber optic easement.
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In response to Dir. Simonson regarding additional funding sources, Mr.
Darling reported retention�
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is held by the Federal Emergency Management Agency until all the
Southern blocks are complete
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due to a request that all the Southern blocks combined be considered
one improved project.�
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I.��������
STAFF REPORTS
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���������� 1.��� Executive Director Max H. Bridges |
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������ Mr.
Bridges reported meeting with CalTrans regarding accessing TCI funds.� The grant is |
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approximately $1 million dollars with a 50% match requirement.� Approximately $3 million has |
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located as spent by the Railroad, yet not reimbursed by any agency.� Currently, CalTrans is��� |
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deciding what type of expenditures fit into the scope of work approved
for the grant.� Meetings are |
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������ scheduled on� Friday with the FRA and with California
Transportation Commission Executive |
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������ Director Bob Remen.� Mr. Bridges recommended re-establishing
the Technical Advisory |
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������ Committee to work on
revising the 5-Year Business Plan to include the Governor�s proposed $65 |
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������ million.� Finally, he sought approval to attend a
County Engineers meeting in September. |
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2.���
Property Manager � Cyndee Logan |
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����������������� Ms. Logan presented a
written report to the Board. |
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J.��������
LEGAL REPORT � General Counsel Christopher J Neary
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����������� 1.�� Notification from the California Carpenters Union |
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����������������� Mr. Neary reported NCRA
received notice that their contract with the California Carpenter Union |
����������������� has been extended.� He requested more information from the Union. |
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����������� 2.�� Approval of Extension of Statute of
Limitations for Pacific Rail Services and Bushnell
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����������������� Enterprises
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����������� Dir. Simonson,
upon recommendation by Mr. Neary, motioned to extend the statute of
limitations�
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����������� for lawsuits for
six months to January15, 2001 for Pacific Rail Services and Bushnell
Enterprises.
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���������� Seconded by Dir.
Schlienger.� Vote taken; motion passed
unanimously.
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K.������� MATTERS FROM BOARD
MEMBERS
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����������� Dir. Schlienger recommended the
Board receive a monthly update regarding financial expenditures, |
����������� and he wants to have a financial system in place
when money is received from the Governor�s budget.
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����������� Chair Jehn requested the next Agenda include an
item where the Board can hear a financial report.
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����������� Dir. McKellar asked the Rail-Ways employees if
they had an opportunity to try the plastic ties he
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����������� brought to Willits.� He was told they were not cost effective.� In addition, Dir. McKellar requested
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����������� copies of the photos Mr. Bridges presented at
April�s Regular Board Meeting.
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����������� Dir. Simonson said he received a call from Mr.
Bill Whyte expressing his desire to operate the
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����������� Railroad.�
Dir. Simonson said he expressed his displeasure with Mr. Whyte�s
tactics and thought it�
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����������� unethical to discuss the matter with Mr. Whyte
while under contract with Rail-Ways, Inc.
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L.�������� ANNOUNCEMENT OF NEXT
MEETING
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������������ Regular Board Meeting � June
21, 2000 10:00 a.m. |
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������������ Healdsburg City Council
Chambers, 401 Grove Street, Healdsburg, Sonoma County, California, USA |
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M.������ CLOSED SESSION �
Convened at 11:40 a.m.
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����������� 1.�� Conference with Real Property Negotiator |
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����������������� Government Code Section 54956.8 |
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����������������� Negotiating Parties:� Pacific Bell, etc.; NCRA |
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����������������� Under Negotiation:� Longitudinal Easement |
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����������� 2.�� Conference with Real Property Negotiator |
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����������������� Government Code Section 54956.8 |
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����������������� Negotiating Parties:� Mendocino Transit Authority (MTA); NCRA |
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����������������� Under Negotiation:� Sale of Ukiah Depot |
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����������� 3.�� Conference with Legal Counsel � Potential Litigation � Four Cases |
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����������������� Government Code Section 54956.9(a) |
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����������������� a.�� Bushnell Enterprises |
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����������������� b.�� Haystack Landing Bridge |
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����������������� c.�� Union Pacific |
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����������������� d.�� State of California |
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����������� 4.�� Conference with Legal Counsel � Pending Litigation |
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����������������� Government Code Section 54956.9 |
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����������������� NCRA versus Green |
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����� ������������Mendocino County Case Number 82709 |
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����������������� Quiet Title Action � Ukiah Depot |
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N.������ ANNOUNCEMENT OF ACTION
TAKEN IN CLOSED SESSION � Reconvened at 12:25 p.m.
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������������� 1.�� Conference with Real Property Negotiator
� Pacific Bell; NCRA |
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Chair
Jehn announced the Board provided direction to Property Manager Logan. |
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����������� 2.�� Conference with Real Property Negotiator � MTA; NCRA |
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����������������� Chair Jehn announced the
Board provided direction to Property Manager Logan. |
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����������� 3.�� Conference with Legal Counsel � Potential Litigation � Four
Cases |
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����������������� Chair Jehn announced
information was received from Mr. Neary regarding four potential cases. |
����������� 4.�� Conference with Legal Counsel � Pending
Litigation
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����������������� Chair Jehn announced information was received from
Mr. Neary relative to NCRA versus Green.
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O.������ ADJOURNMENT
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���������� Chair Jehn adjourned the meeting at 12:27 p.m.
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