NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS REGULAR MEETING MINUTES
WEDNESDAY, OCTOBER 18, 2000
AT 10:00 A.M.
����������� Chair Jehn called the
meeting to order at 10:00 a.m.
B.�������
ROLL CALL
Directors present:�
Chair Robert Jehn, David Ripple, Daniel Opalach, Robert E. Simonson, Max
Schlienger, and Jake Mackenzie.
����������� Directors absent:� Allan Hemphill.
����������� Also present:� Executive Director Max H. Bridges, General
Counsel Christopher J. Neary, Property���������
�����������
Manager Cyndee Logan, and Administrative Assistant Pamela Fishtrom.
��������������� Dir. Hemphill arrived at
10:03 am.
Dir. Mackenzie motioned approval of the Agenda with the changes suggested;� seconded by Dir. Ripple.� Vote taken;� motion passed unanimously.
1.�������� Consider Amendment to Herzog
Contracting Corp Contract for Track Repair to
������ ���� Petaluma
Executive Dir. Bridges asked to delay this Item until John Darling, Rail-Ways, Inc.
����� President arrives.
2.�� ����� Adopt Revised Scope of Work for Re-opening Project Between Willits and Samoa
General Counsel Neary suggested in response to an Office of Emergency Services letter demanding a scope of work for the North End repair by November 10 that NCRA write to request a meeting before the deadline to clarify the issues.�����
Dir. Hemphill moved approval of the scope of work prepared by Executive Dir. Bridges and originally contained in the Environmental Assessment with the addition of repair of the tunnel near Island Mountain;�� seconded by Dir. Mackenzie.� Vote taken;� motion passed unanimously.� ���������
John Darling arrived at 10:30 am.
Item
F.1. ������� Consider Amendment to Herzog
Contracting Corp Contract for Track Repair to Petaluma
Executive Dir. Bridges announced Herzog Contracting Corp�s reluctance to agree to contract amendments required by CalTrans in conformance with a sole source procurement.� Mr. Darling offered to re-open the Line to Mile Post 63 to Federal Railroad Administration Class 1 standard free of charge in approximately 60 days.��
Dir. Mackenzie moved approval to memorialize and confirm acceptance of the offer by Mr. Darling; seconded by Dir. Simonson.� Vote taken;� motion passed unanimously.� ���
�����������������������
3.
Report on California Transportation Commission (CTC)
Meeting and Consider Approval of Creditor Relief Letter
Executive Dir. Bridges reported he will attend the CTC meeting in San Diego on November 1 & 2.� General Counsel Neary reported the CTC requires each creditor sign a release, and NCRA has informed the CTC that all creditors will receive interest; however, the money available satisfies only a portion of the interest.� Mr. Bridges suggested the money available after judgments and principal amounts be divided as a percentage for interest at one rate among all non-judgment creditors, and the release should reflect that percentage.�����
�����
4.�� ����� Discuss
Disadvantaged Business Enterprises (DBE) Plan
Executive Director Bridges reported a Federally required DBE Plan establishes goals to attract disadvantage business enterprises to provide services to public agencies.� Mr. Bridges is preparing a plan for approval by the Board as all bidding processes must contain reference to the plan including the recently requested proposals for engineering services.���
5.�������� Resolution to Elect Public Employees
Medical and Hospital Care Act
Executive Dir. Bridges explained a resolution is required to join CalPers Health Care.��
Dir. Mackenzie
moved approval to adopt the Resolution;�
seconded by Dir. Ripple.� Vote
taken;� motion passed unanimously.
6.�������� Adopt California Environmental Quality
Act (CEQA) Policy
����� ����� See 7 below.
7. ������Appoint Executive Director Bridges as
Environmental Office to Comply with CEQA��
����������� Policy
General Counsel Neary recommended formalization of a CEQA policy appointing an environmental officer.
Dir. Mackenzie moved approval to establish as policy in terms of implementation of the California Environmental Quality Act by appointing Executive Director Bridges as Environmental Officer;� seconded by Dir. Hemphill.� Vote taken;� motion carried.
�
8. ����� Extension
of Start-up Date for Northwestern Pacific Railway Co. LLC (NWPY) and���
����� ����� Northwestern
California Railway Engineering Corp.�
(NorCare) Permanent Operation
����� ����� Agreement
General Counsel Neary proposed continuing this item until the day after the November Board Meeting.
Dir. Simonson
moved approval to extend the start-up date for the NWPY and NorCare Permanent
Operation Agreement until the day after the November Board Meeting; seconded by
Dir. Mackenzie.� Vote taken; motion
carried.
�����������
9. ������Disposition of Meechem Cars
Dir. Hemphill reported negotiating with Mr. Meechem to accept $444,000 total on his note paying $320,000 now with a note for the balance at 7% interest due when the cars are sold.
Dir. Mackenzie
moved approval to sell the cars known as the Meechem bunch and accept the deal
as negotiated by Dir. Hemphill;�
seconded by Dir. Ripple.� Vote
taken; motion passed unanimously.
�����������
1.�� ����� Northwestern Pacific Railroad Authority (NWPRA) � Executive
Dir. Bridges
Mr. Bridges reported at the NWPRA Meeting:
� 2.�� ���� Legislation � Executive Dir. Bridges
Mr. Bridges reported AB1093 was vetoed.� He will be working with the CTC because a
bill was approved that allows flexibility with Transit Capital Improvement
money.
������������
3.�� ���� Passenger � Dir. Hemphill
Dir. Hemphill reported informing Carl Meyers of
California Redwood Coast Company of his appointment to the Passenger Committee.
� 4.�� ���� Cities
� Dir. Mackenzie
Dir. Mackenzie said he gave a short report to the
Sonoma County Mayors and Council Members Association.� Also, he reported a process has not been decided regarding
disseminating information to representatives of each city on the Line, and, as
work progressed to Mile Post 63, he recommended informing affected cities.� Mr. Bridges recommended notifying county
representatives also.����
������������
5.�� ���� Sonoma-Marin Area Rail Transit Commission (SMART) � Chair Jehn
Chair Jehn reported action was taken to amend their
consultant�s agreement to begin engineering and environmental work, and to hire
a full time staff person to begin the process to access funds, hopefully,
managing to start commuter service in 2005 or 2006.����
�6.�� ���� Mendocino
Council of Governments Technical Advisory Committee � Ms. Logan
Ms. Logan reported missing the last meeting, however, she received a call complaining of frustration over the slow release of funds by the Business, Housing, and Transportation Agency grant for the Long-Range Plan.� Also, she reported the Golden Gate Bridge, Highway and Transportation District (GGBHTD) is meeting on November 3 to discuss their role in rail-related issues.����������������������
�������
� 7.�� ���� Web
Site � Chair Jehn
Chair Jehn reported visitation to the site remains
about 4,000 hits per month.� In
increasing the utility of the site, he recommended the Board consider a
webmaster.
������������ 8.������� Contractor
� Northwestern Pacific Railways Company, LLC (NWPY)
Michael Upton, Business Manager, reported constant
electronic surveillance of the Haystack Landing Bridge will, hopefully, be
complete within 48 hours of receiving the equipment ordered.� Additionally, NWPY is studying GGBHTD�s
security recommendations for protection of the Brazos Bridge.�
����������� � �������
H.�������
EXECUTIVE DIRECTOR REPORT � Mr. Bridges
Mr. Bridges presented the brochure announcing the
recruitment of the project manager: resumes will be received through November
22.� Additionally, a salary survey will
indicate a potential pay scale, and the position will be filled no sooner than
90 days.
Ms. Logan presented a written report including an
encroachment for review by the Property Management Committee for potential
adoption at the next Board Meeting. �She
requested eviction of both Baker and Burgess.��
J.��������
LEGAL REPORT � General Counsel Christopher J. Neary
����������� No
report.
Dir. Opalach reported the Citizens for Port
Development continue to be enthusiastic supporters.� Charles Ollivier, Harbor Commissioner, spoke in passionate
support of the synergy between the Port and Railroad in terms of economic
development, and he requested Mr. Bridges attend the October 26 Harbor District
meeting and workshop where a port development committee will be discussed.
Dir. Mackenzie reported at the last Sonoma County
Transportation Authority Meeting, he was unsuccessful in obtaining access to
excess State Transportation Improvement Program funds for rail-related
projects.�����
�����������
Dir. Simonson moved approval to change the next
Regulat Board Meeting to Tuesday, November 14, 2000 at 10:00 am;� seconded by Dir. Schlienger.� Vote taken; motion carried.
�����������
Fortuna City Council
Chambers, 621 11th Street, Fortuna, Humboldt County, California, USA
����������������� ����� Government Code Section 54956.8
����������������� ����� a.�������� Sale of the
Ukiah Depot
b.�������� Fiber Optics
I.��������� Pacific Bell
�� �������������������� II.
������ Qwest Communications
c.�������� Baker Beverages������
����������������������� Chair Jehn announced the Board received information and provided direction to Ms. ��� ����������� ����������� Logan on all Items.
����������� 2.�� ����� Conference with Legal
Counsel � Existing Litigation � Mr. Neary
����������������� ����� Government Code Section 54956.9
����������� a.�������� Claim of CWR
����������������� ����� b.�������� NCRA v. CWR
������������������������� ��������� Chair Jehn announced the Board received information and provided direction to Mr. ���� ����������������������� ����������� Neary.�
3.��� ���� Personnel
Issue
Government
Code Section 54956.7
������� ��� Employee
Performance Evaluation � Executive Director
��� ������������������� Chair Jehn announced the Board provided feedback to Mr. Bridges.