NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS
REGULAR MEETING
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Wednesday, January 21, 2004�� 10:00 AM
Arcata City Council Chambers - 736 F Street,
Arcata, Humboldt County
MINUTES
A.
CALL TO
ORDER
Chair Woolley called the
meeting to order at 10 am and welcomed new board member, Doug Ellinger, Deputy
Director of Engineering for Mendocino County Transportation Department.
B.
ROLL
CALL
Directors Present: Chair John Woolley, Leo
Sears, Doug Ellinger, Allan Hemphill, David Ripple, Robert Simonson and Bruce
Burton.
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Also Present: Executive Director Mitch
Stogner, General Counsel Chris Neary and Recording Secretary Dina Polkinghorne.
C.
CONSENT
CALENDAR
1.
Approval of
Minutes � 12/17/03 Regular Board Meeting
2.
Approve
Passenger Easement correcting legal description�
Director Sears requested that Item C.2 be removed
form the Consent Calendar, and be placed to follow Item F.5.
ACTION: Upon
motion by Director Simonson, 2nd by Director Ripple, and carried
(7-0) the board approved the Consent Calendar with the removal of Item C.2 to
follow Item F.5.
D.
AGENDA APPROVAL
Chair Woolley asked that Agenda Approval be placed before
the Consent Calendar on all future agenda�s.
��������������� Mr. Neary recommended that Item
F. 4 and F.5 be placed after the Closed Session. He also
��������������� requested to add another item to
Closed Session, Item I.1 d � Potential Litigation.
����������� ACTION: Upon motion by Director Hemphill, 2nd by Director Sears, and carried (7-0),
����������� the board approved the Agenda with the following changes: Item F.4 and F.5 be placed
����������� after Item J and another item be added to Closed Session, Item I.1 d.
E.
PUBLIC COMMENT
Kaye
Strickland, Citizens for Port Coalition
Ms Strickland reported that Mr Fred Carmichael sent a
letter regarding transportation and rail service in the North Coast to the new
Governor and received a response, which did not mention rail service. This
prompted Ms. Strickland to send a letter reiterating the importance of rail
service in the North Coast.� She submitted
copies of these letters to the Secretary.
1.�������� Election of Officers �
Chair, Vice Chair, Second Vice Chair
�����������
ACTION: Upon
motion by Director Simonson, 2nd by Director Ripple, and carried
(7-0), Chair John Woolley was reappointed as Chair.
ACTION: Upon
motion by Director Ripple, 2nd by Director Hemphill, and carried
(7-0) Director Bob Simonson was appointed to the office of Vice Chair.
�No Second Vice Chair was appointed.
2.
Appointment to
Finance Committee
ACTION: Chair
Woolley appointed Doug Ellinger to the Finance Committee
3.
Appointment to
Property Committee
ACTION: Chair Woolley appointed Dave Ripple to the
Property Committee
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Due to transportation difficulties, Mr. Hart was
running late. Without objection form the board, the Chair skipped item G.1.to
be revisited when Mr. Hart arrives.
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2.) Michael Sabbaghian � Office of Emergency Services
Mr.
Stogner stated that due to some last minute transportation difficulties, Mr.
Sabbaghian was unavailable to make a presentation In Mr. Sabbaghian�s absence,
Mr Stogner reported that the comment period for public input on what the
environmental impact of this project would be, expired on Dec 22, 2003. The
NCRA has done all that was requested and submitted an application for
approximately $8 million. The comments received did not include any significant
environmental concerns � most of the comments addressed procedural issues. The
NCRA responded to those procedural issues and the application is now in the
hands of FEMA. Once the award is received, the process of rehabilitating the
South End of the railroad can begin immediately. Mr. Stogner further stated
that the NCRA received a letter from FEMA indicating that a scope of work be
submitted by March 31, 2004.
Pete
Oringer� Mr. Oringer inquired about the process involved from this
point forward.
Mr.
Neary stated that at a meeting last year with FEMA, OES, the NCRA and other
interested parties, it was agreed that as soon as an environmental
determination was made, FEMA would release sufficient funds from the Alternate
Project for NCRA�s on-call engineers to prepare a scope of work. When the NCRA
received a letter from FEMA representative, Nancy Ward, on December 22, 2003
requiring a scope of work by March 1, 2004, it was based on the assumption that
that environmental clearance would have already taken place by then. He further
reported that he would communicate the delay to Ms. Ward.
6.�������� Consideration of
Proposal regarding �Rails with Trails� and Railbanking �
Dan Hauser � City Manager, City of Arcata.
�����������
����������� Chair Woolley thanked Mr Hauser for the meeting space for today�s
meeting.
Railbanking
Mr.
Hauser went over the concept of creating a �Railbanking� a section of the old
Arcata and Madd River Railroad (AMRR) between Arcata and Blue Lakes. He
reported that there is currently some confusion regarding the status of the
AMRR and whether or not it was abandoned.�
The first issue that would need to be addressed before a trail could be
created is to determine whether that part of the line was�� formally abandoned, and if so, by whom. If
it was abandoned by Simpson before the bankruptcy trustee acquired the
property, Mr. Hauser stated that there would be some real issues about who
benefited and why the court would allow the Eureka Southern to purchase it.
Furthermore, that section of the line�
was used by the Eureka Southern and the NCRA � if it had been abandoned
before that � where was the authority to use it.
The
objective of his plan, would be to rail bank this part of the line� for potential future use or lease it� to the county or a local non profit to
construct a trail system. The ownership and title questions would need to be
answered before they could proceed with the process of railbanking and they are
asking the NCRA to reach some conclusion on this matter.
Rails
to Trails
Mr.
Doby Klass, Public Works Director for the City of Arcata, presented a map
indicating where the city would be proposing, through a formal application to
the NCRA, to install a trail both next to and on top of the track, depending on
the space available. As explained by Mr. Klass, the trail would not be a
permanent fixture, but a temporary trail that could be removed when rail
service is resumed on the North End.
There
was a brief discussion regarding the eventual removal of a temporary trail, the
funding sources for the project, and permit issues. All of these issues would
be addressed when the NCRA receives a formal proposal from the City and
resolves to enter into negotiations on the project.
Mr.
Elias Elias stated his support of
the Rails to Trails concept.
Mr.
Oringer recommended that language
be written in any agreement clearly identifying funding sources specifically
for the trail removal.
Ms.
Strickland stated her concern
about turning the track into a trail. All though she does support the concept,
she urged the board to make sure reverting the trail back to a track is clearly
written in any agreement.
Mr.
Marcus Brown� In reference to the AMRR abandonment� issue, Mr. Brown urged the board to keep the
right-of-way under the NCRA�s ownership. He has observed various property
owners along the AMRR stating that parts of the line can be reverted back to
the owner if the line is not used within a certain time frame. He stated that
it was of the utmost importance to keep the line intact. In regards to the
Rails with Trails concept, Mr. Brown recommended that the NCRA only consider
this proposal as Rails �and� Trails concept.
ACTION: Upon
motion by Director Hemphill, 2nd by Director Sears, and carried
(7-0), the NCRA authorized the City of Arcata to move forward as presented
subject to: the guaranteed availability of the right-of-way for freight
service, restoration to the railroad�s condition at the time that improvements
take place, identifying funding specifically for the trail removal, and
indemnifying the NCRA. �
Dan
Hauser� Mr. Hauser stated that it is critical that the NCRA� retain�
the �Y� at Alliance Road to the old North Coast Lumber property if
freight, passenger, and excursion�
service is to be restored. The �Y� is the only turn around and passing
location available.
Regarding
railbanking and the issue of possible abandonment by Simpson, Director Sears
commented that the federal statutes on railbanking state that the railroad be
abandoned before it can be rail banked.
Without
objection from the Board, the Chair moved back to Item G.1after Mr. Hart
arrived.
����������� 1.)������� Sierra Railroad � Mike
Hart
�����������������������
Mike
Hart�
As the new owner of the California Western, Mr Hart was invited to
make a presentation regarding Sierra Railroad and it�s plans for the Cal
Western. He reported that even though the sale is not final yet, he anticipates
the Skunk Train should be running by May of 2004. He also stated that he looks
forward to the completion of the FEMA Alternate Project so that he can ship
approximately 50 cars to their final destination in Willits. He further stated
that he is quite optimistic about passenger service in the area and is
currently putting together a marketing plan, which includes Willits, as he
believes Willits has been overlooked in the past.
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Without objection from the
board, the chair convened to closed session to accommodate certain members of
the public, in regards to Item I- 1.C
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1.) ������ Conference with Legal Counsel � Anticipated Litigation
�� �������� Significant Exposure to Litigation (1 case) Government Code 54956.9
�����������
����������� C) Receipt of Demand for Quitclaim Deed by Arcata Recycling Center���
The board voted unanimously to direct staff to meet
with Arcata Recycling staff to further determine the nature of the proposal,
and to determine if there is any common ground between the two parties. The
board also reiterated its policy to maintain the thru track. Staff was directed
to also tour the location today.
H.
STAFF REPORTS
1. Executive Director
Mitch Stogner introduced Dave Hull of the Humboldt
County Harbor District to discuss the Port of Humboldt Bay and the Port of
Oakland.
Dave Hull�� Mr.
Hull reported about ongoing discussions regarding partnering with the Port of
Oakland and the Port of Humboldt in regards to sharing resources. The Oakland
Port, and the Bay Area in general, is growing at such a rapid rate, that it has
necessitated the need to look for additional sites and ports to handle the
traffic. Mr. Hull also stated that in these discussions, representatives from
the Port of Oakland have stated that the railroad has the potential to provide
a transportation solution to the Port and that if the rail was operational this
partnership would be much further along.
There was discussion regarding the type of materials
moving inbound and outbound of the port and�
potential traffic for the railroad. Mr. Hull also stated that there is a
Federal program called the Short Sea Shipping Initiative, which actively looks
for alternatives to trucking freight on the highways.
2. Legal Counsel
Mr Neary alerted the board to a potential agenda
item at a future meeting; a standstill agreement with an existing passenger
operator. Chair Woolley directed the Operator Committee to take it under
consideration when the time comes.
����������������������������������������������� ��������������������������� The board convened
back into closed session at 11:50 am
1.) ������ Conference with Legal Counsel � Anticipated Litigation
�� �������� Significant Exposure to Litigation (2 cases) Government Code 54956.9
����������� A ������� Receipt of written communication from NWPRA threatening litigation.
����������� B��������� Receipt of Claim pursuant to Tort Claims Act filed by Northwestern����
����������������������� Railway Company
2.) Conference with Legal Counsel � Potential Litigation
Pursuant to Government Code Section 54596.9 (1 case)����������
����������������������������������������������������������������������� The board reconvened into
open session at 2:10 pm
On
items I.1 a � b, the board gave direction to legal counsel.
On
item I.2, the Board voted unanimously to authorize Mitch Stogner to indicate to
the California State Attorney General�s office that if there is a way that
alternate project money can be used, in reasonable proportions, for Consent
Decree compliance without complicating the environmental process, the NCRA is
open to it.
The
board also authorized Chris Neary to communicate to Deputy Attorney General,
Rose Fua, that the NCRA believes it has reached the end of the road on the
Caltrans and TCRP process, but that the NCRA is willing to continue on that
process. Furthermore, the NCRA is seeking alternative means to fund the Waste
and Debris Project and Legal Counsel is authorized to keep the Attorney
General�s office posted on these projects.
The
board also directed Mitch Stogner and John Woolley to make contact with
Congressman Thompson's staff to urge the completion of the environmental
process.
The
board also authorized Chris Neary to waive the attorney client privilege, so
that he is free to communicate with Rose Fua in regards to any investigation
she wishes to pursue in relationship with the Consent Decree.
None�
����������� February 18, 2004
��������������� Willits City Council Chambers
��������������� 111 East Commercial Street, Willits, Mendocino County
������������� The board adjourned at 2:15 PM
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