NORTH COAST RAILROAD AUTHORITY (NCRA)

 PROPERTY MANAGEMENT COMMITTEE MEETING

 

MINUTES

 

APRIL 3, 2002

 

OFFICE OF PROPERTY MANAGER CYNDEE LOGAN

3631 CHINQUAPIN DRIVE, WILLITS, MENDOCINO COUNTY, CALIFORNIA, USA

 

 

A.                 CALL TO ORDER

            The meeting was called to order at 10:00 a.m.

 

B.                 ROLL CALL 

Committee Members present:  Second Vice Chair Leo Sears, Bob Simonson, and Budge Campbell.

Also present:  Executive Director Max H Bridges, Property Manager Cyndee Logan, and members of the public.

 

C.                 MINUTES

1.         Approve Property Management Committee Meeting Minutes of March 13, 2002

Dir. Sears said Item E.2 should reflect that he opposed Resolution 2002-01 and motioned to have it reflect the original wording as a license agreement – he was not the maker of the motion approving the Easement Agreement.  The Committee believed Chair Ripple made the motion.  Dir. Simonson said the Minutes should reflect the considerable amount of discussion held between Dir. Sears and Mr. Neary.  Also, he said he thought the Minutes should reflect his dissatisfaction in the lack of communication that existed between the Committee and Mr. Neary.

  

Dir. Sears moved to approve the Minutes as corrected; seconded by Dir. Simonson.  Vote taken; Dir. Campbell abstained as he was not present at the March 13, 2002 meeting; motion passed.

 

2.                  Approve Property Management Committee Meeting Minutes of March 20, 2002

Dir. Campbell said in Item E.1 “standard” should be inserted in the motion before “NCRA.”

                       

Dir. Campbell moved the approval of the Minutes; seconded by Dir. Sears. Vote not taken.

 

Also, under Item C.2 the Minutes should reflect Dir. Simonson was elected as Chair of the Committee.                 

                                                               

Dir. Sears moved to approve the Minutes with the stated corrections; seconded by Dir. Campbell.  Vote taken; motion passed unanimously.

 

D.                AGENDA APPROVAL

The Agenda stood as written.

 

E.         PUBLIC COMMENTS

None.

 

F.         CONDUCT OF BUSINESS

1.         Blue Lake Rancheria

                                   

Dir. Campbell moved the issue stay in abeyance until Ms. Logan researches prior easements.  The motion died for lack of a second.

 

Dir. Sears moved Item F.1. Blue Lake Rancheria final plan – that the Committee accepts the recommendation of the Property Manager and the actual need to accept and approve the issuance of an encroachment permit identified as Parcel G on the Oscar-Larson Associates Record of Survey of Chart and Road Right of Way approving a 25-year encroachment at a one-time fee of $2500; seconded by Dir. Simonson.  Vote taken; motion carried unanimously.   

           

2.                  Gonzalez, Flea Market, Hopland

 

Dir. Campbell moved, in review, the Committee finds the proposal would be inconsistent with the present goals of the NCRA; seconded by Dir. Sears.  Vote taken; motion carried unanimously.

 

3.                  Updated Lease Roster

 

Dir. Campbell moved to recommend the NCRA Board reaffirm its previous action of approving new lease fees, and additionally, that upon the update of the standard NCRA lease agreement and concurrence of the Property Management Committee, the Property Manager is hereby authorized and directed to execute a lease agreement or encroachment permit on behalf of NCRA; seconded by Dir. Sears.  Vote taken; motion carried unanimously.

 

4.                  Quaker Hill Project Associations Lease

 

Dir. Campbell moved that based upon Ms. Logan’s review and recommendations on the Quaker Hill lease agreement, that upon Counsel’s modification and approvals, she be authorized, and directed to, execute on behalf of the NCRA; seconded by Dir. Sears.  Vote taken; motion carried unanimously.

 

5.                  NCRA Lease Format

The Committee recommended the standard lease format signature page contain the Property Manager’s recommendations and signature verifying review and approval, and Legal Counsel’s signature verifying approval of form and content.  Also, the standard lease format should contain a section called “special provisions.”  If none exist mark, “not applicable.”

 

6.                  Review of Proposed Policies

The Committee recommended adding language that explains NCRA’s interest in long-term leases as opposed to selling property; creating an application for leases; and addressing the following policy topics:

 

1) Multi-modal issues; transit, roadway, pedestrian, and trail – safety, physical separation, Federal Railroad Administration regulations, maintenance, insurance, basic policy should be preservation of the railroad and corridor; 

2) Outdoor advertising – City, County, State, and Federal regulations and source of revenue;

3) Adjacent development – clearances, standard for responsible agency development, fencing and security, and residential development;

4) Insurance – surety (anything that has the potential to create a lean against the railroad), liability, and performance;

5) Permits – relocation, duration, hold harmless, and additionally insured;

6) Approval/Application process – encroachment; anything falling under the standard encroachment procedure approved at staff level (same for leases), guidelines for Committee and Board level approvals, language supporting the application process for all potential approvals, and all written;

7) Construction permits;

8) Road crossings – standards, private versus commercial, and intended use;

9) History – brief to support policies (look in Strategic Plan);

10) Restrictions and limitations to use;

11) Special/Temporary Uses – revenue generators (movies, parades, one-time events) and waivers;

12) Fees on potential revenue sources;

13) Terminations – permits, leases, and encroachments – re-filing fee and time lines for unfinished work and work re-started;

14) Requirement of engineered plans per standards adopted;

15) Penalties - late fees;

16) Definitions in front detailing when each type of application is needed, and what triggers a change from one type to another;

17) Primary goals and objectives of NCRA met;

18) Restrictions/Limitations to use– Real/Personal Property (Surplus) – how to clear it, how valued, how processed, where funds go, and compatibility with existing agreements (e.g. purchase agreements), FRA, PUC, or any applicable;

19) Removal – Charge;

20) Recourse to unauthorized encroachments – removal, procedure, and penalties, and

21) Flowchart for wall.

 

G.        INFORMATION ITEMS

            1.         Annie and Mary Railroad Survey

Redwood Community Action Agency (RCAA) requested an application for encroachment with a waiver of fees under the premise that the survey will benefit NCRA.  Considerable discussion ensued regarding the entire project.  The Committee suggested the encroachment reflect a time limit of three months.   

 

Dir. Sears moved to approve the waiver of the fee on the condition that it be referred, first, to legal counsel for protection from liability, and that RCAA name NCRA as additionally insured under their insurance; seconded by Dir. Campbell.  Vote taken; motion carried unanimously.

 

Dir. Campbell moved to direct Legal Counsel to research the reversionary rights of those along the corridor; seconded by Dir. Sears.  Vote taken; motion carried unanimously.          

 

2.         Review of NCRA Property Status

The Committee recommended attention be given to the Island Mountain Quarry in terms of the possibility of obtaining a renewed permit, then these property management issues after the revenue earning tasks:

1) Listing of all real property and/or property rights including assets at the repeater sites;

2) Space requirements for all files; and

3) List quarries and gravel locations.

 

PacBell has a consultant that will verify the amount owed for leases that have not been paid for wire crossings.  Ms. Logan is working with the consultant to create one agreement listing all audited crossings.  She expects a settlement payment shortly thereafter.   Ms. Logan was directed to write PacBell and ask for a formal appearance before the Board to explain non-payment of the agreements. 

 

H.        ADJOURNMENT

            The meeting was adjourned at 2:30 p.m.