NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS REGULAR MEETING MINUTES
WEDNESDAY, DECEMBER 20, 2000
AT 10:00 A.M.
����������� Chair Jehn called the
meeting to order at 10:05 a.m.
B.�������
ROLL CALL
Directors present:�
Chair Robert Jehn, First Chair David Ripple, Max Schlienger, Jake
Mackenzie, Daniel Opalach, Robert E. Simonson, and Allan Hemphill.
����������� Directors absent:� None.
����������� Also present:� Executive Director Max H Bridges, General
Counsel Christopher J Neary, and��
���� ������ Administrative Assistant Pamela Fishtrom.
Dir. Mackenzie moved approval of the Agenda with the requested changes; seconded by Dir. Ripple.� Vote taken; motion passed unanimously.
1.�������� Consider Accountant Position:� Job Description, Salary, Selection
Mr. Bridges presented a proposed job description and salary.� In response to Dir. Opalach�s concern over hiring an employee without a period of recruitment, Mr. Bridges explained the need for a swift decision as Mr. Mustola�s duties end at the end of the year, and that the proposed candidate comes highly recommended and is familiar with the agency�s finances and computerized accounting system.
Dir. Hemphill moved approval of the proposed job description with minor changes as recommended by CalTrans, salary, and hiring of Wade Fulton; seconded by Dir. Mackenzie.� Vote taken; 5 ayes, Dir. Opalach and Dir. Simonson voted �nay�; motion carried.� Mr. Bridges announced Wade Fulton was selected to fill the accountant position.� ��
2.� ������ Approve Contract for Fiber Optic Consultant
Mr. Bridges requested continuation of this Item because the contract is not yet prepared.
�
3.
������� Resolution 2000-03 Authorizing
Opening of Wells-Fargo Checking Account
Mr. Bridges explained this resolution is necessary to establish a checking account before the debt reduction money is released by the California Transportation Commission.
Dir. Mackenzie moved approval of Resolution 2000-03 to open a checking account;� seconded by Dir. Ripple.� Roll call vote was taken; all Directors answered �aye�; motion passed.�����������������������
4.�������� Consider Employee Handbook Preparation
Mr. Bridges recommended preparation of an employee handbook written to address the needs of governmental employees as opposed to those of a Railroad operator.
Dir. Simonson moved approval to authorize Mr. Bridges to contract with L.B. Hayhurst and Associates to prepare an employee handbook with a total fee not to exceed $2500.00;�� seconded by Dir. Ripple.� Vote taken; motion passed unanimously.��
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5.�� ����� Consider
CalPERS Deferred Compensation Plan for Employees
Mr. Bridges explained, as members of CalPERS, the Authority can, at no cost, opt to provide this Plan to its employees.
Dir. Ripple moved to approve Resolution 2000-04 adopting CalPERS Deferred Compensation Plan for Employees; seconded by Dir. Schlienger.� Roll call vote taken; all ayes; motion passed unanimously.
Due to Property Manager Logan�s absence, Mr. Bridges was named Real Estate Negotiator pursuant to Government Code 54946.8.� The Board convened to Closed Session at 10:45 a.m.
6.�������� Resolution 2000-05 Authorizing
Submittal of Invoice NCRA-DR02 to California Department of Transportation for
Payment of Debt
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��������������� The Board returned to Open Session at 11:05 a.m.������������������������������������������������������������������
7.�������� Consider Proposed Public Works
Contracting Procedures Policy Document
Mr. Neary presented the proposed document to facilitate preparation of the bid procedure for rehabilitation of the Line between Windsor and Willits.�
Dir. Mackenzie moved to adopt the Public Works Contracting Procedures Policy Document with the following exceptions:� where the word, �Department� appears replace with �Authority,� and substitute the correct headings where appropriate with final review by the Board Chair; seconded by Dir. Ripple.� Vote taken; 6 ayes, Dir. Opalach voted nay; motion carried.��������������� ����������������������������������������������������������������������������������������������������������������������������������
8.�������� Selection of Passenger Committee
Members
In response to recent inquiries to provide passenger/tourist service, Dir. Hemphill recommended re-visiting the Board�s policies and goals under a newly-constructed committee representing each County, and which meets with a representative of Northwestern Pacific Railway Co. LLC, to create a framework with criteria by which to judge requests to provide service.�
Dir. Mackenzie moved to approve as Passenger Committee members: Dir. Hemphill, Sonoma County; Dir. Schlienger, Mendocino County, and Dir. Opalach, Humboldt County; seconded by Dir. Ripple.� Vote taken; motion passed unanimously.� ����
9. ������� Consider Janitorial Services for Eureka
Depot
Mr. Bridges recommended accepting a proposal from A-1 Cleaning Service to provide twice monthly cleaning of the Eureka Depot for $75 per occurrence.
Dir. Ripple
moved approval to enter into an agreement with A-1 Cleaning Service to provide
janitorial services at the Eureka Depot; seconded by Dir. Schlienger.� Vote taken; motion passed unanimously.
10. ����� Consider
Permanent Operating Agreement with Northwestern Pacific Railway Co.��
LLC (NWPY) and
Northwestern California Railway Engineering Corp. (NorCare) or Extend Start-Up
Date
Due to the anticipated resumption of service, Mr. Neary recommended activating the Permanent Operating Agreement and an Incidental Services Agreement previously referred to as the Project Supervision Agreement.
Dir. Hemphill
moved approval of both documents; seconded by Dir. Ripple.� Roll call vote taken; Dir. Opalach abstained
citing that he did not have enough time to digest the information presented at
the meeting that suggested changes to the Agreements; Dir. Mackenzie abstained
for the same reason; Dir. Ripple, aye; Dir. Schlienger abstained citing that he
did not have enough background information; Dir. Simonson, aye; Dir. Hemphill,
aye; Chair Jehn, aye; motion passed.��� ������������
�����������
1.�� ����� Northwestern Pacific Railroad Authority (NWPRA) � Executive
Dir. Bridges
Mr. Bridges reported discussing the Haystack Landing
Bridge repair and the governance issue listed later on the Agenda.
�2.�� ����� Legislation � Executive Dir. Bridges
����������������������� Mr. Bridges expressed the
need to update NCRA�s legislative agenda.
������������
3.�� ���� Passenger � Dir. Hemphill
No report.
� 4.�� ���� Cities
� Dir. Mackenzie
����������������������� No report.
������������
5.�� ���� Sonoma-Marin Area Rail Transit Commission (SMART) � Chair Jehn
Chair Jehn reported a project manager has been hired
to begin project specifications and engineering for high speed rail service
from Cloverdale to San Rafael anticipated to begin in 2005.
�6.�� ���� Mendocino
Council of Governments Technical Advisory Committee � Ms. Logan
No report.
�������
� 7.�� ���� Web
Site � Chair Jehn
Chair Jehn reported visitation to the site remains
about the same and subscribers number approximately 189.��
�8.���� �� Contractor
� Northwestern Pacific Railways Co. LLC (NWPY)
Doug Christy, President and Chief Engineer, reported
on the status of NWPY including that the Federal Railroad Administration
inspection from Schellville to Petaluma went well and he is hopeful that
partial relief from Emergency Order 21 will be granted.
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H.�������
EXECUTIVE DIRECTOR REPORT � Executive Director Bridges
Mr. Bridges reported interviews for Project Manager
will be held on January 5, 2001.
No report.
J.��������
LEGAL REPORT � General Counsel Christopher J. Neary
�����������
����������� Golden
Gate Bridge, Highway and Transportation District Relationship (GGBHTD) with
NWPRA
Celia Kupersmith, General Manager of GGBHTD and Executive
Director of NWPRA, presented the process by which a decision was made to
continue to be an active participant in Railroad issues.���
Dir. Opalach praised the Northwestern Pacific
Railroad Support Coalition�s letter, written by Pete Oringer, sent to Sandro
Amaglio, Environmental Officer with the Federal Emergency Management Agency
(FEMA), because, not only did it impart enthusiasm for the Railroad in Humboldt
County, but it uncovered an issue considered unresolved by FEMA.
Dir. Mackenzie apologized to Mr. Darling for
abstaining during the vote on the Permanent Operating Contract because he had
received in the mail a copy of the suggested amendments.
Chair Jehn reopened the Public Comment period so
that Mr. Pechner could give a brief weather update.
�
Regular Board Meeting �
January 17, 2001 at 10:00 a.m.�������������������������
Willits City Council
Chambers, 111 East Commercial Street, Willits, Mendocino County, CA, USA
����������������� ����� Government Code Section 54956.8
����������������� ����� a.�������� Sale of the
Ukiah Depot
b.�������� Pacific Bell Fiber Optics
c.�������� Pratt Mountain � Johannesen Lease�����������
����������������������� Chair Jehn announced the Board received information.
����������� 2.�� ����� Conference with Legal
Counsel � Potential Litigation � Mr. Neary
����������������� ����� Government
Code Section 54956.9(a)
����������������������� TXL
v. NCRA, Pending in Humboldt County
����������������������� Chair Jehn announced the Board received information and took no action.
�����������������������������������
3.��� ���� Conference
with Legal Counsel � Initiate Litigation � Mr. Neary
����������������� ����� Government Code Section 54956.9(c)
����������������������� Determine
with Reference to Improved Project
Chair Jehn announced the Board received information and provided direction to staff and� some Board Members.
4.
Personnel Issue
Government Code
Section 54956.7
Employee
Performance Evaluation � Executive Director
Dir. Mackenzie
moved approval to compensate our Executive Director retroactive to July 1, 2000
reflecting a cost of living increase of 5%; seconded by Dir. Ripple.� Vote taken; motion passed unanimously.
5.
Conference with Legal Counsel � Mr. Neary
Government Code
Section 54056.9
Rail-Ways, Inc.
v. California Western Railroad
Chair Jehn received information and provided direction to Mr. Neary.