NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS
REGULAR MEETING
�
Wednesday, April 21, 2004�� 10:00 AM
Ukiah City Council Chambers
300 Seminary Avenue, Ukiah, Mendocino County
A.
CALL TO ORDER
Chair Woolley called the
meeting to order at 10:03 am
B.
ROLL CALL
Directors
present: Ellinger, Sears, Simonson, Ripple, Hemphill and Chair Woolley
Directors
Absent: Burton
Also present: Executive
Director Mitch Stogner, Legal Counsel Chris Neary, and Recording�� Secretary Dina Polkinghorne.
C.
AGENDA APPROVAL
ACTION: Upon motion by Director Simonson, 2nd by
Director Ripple, and carried (6-0), the agenda was approved with the following
changes: Item D-4 was removed for discussion and Item J.1 was moved to F.2
Mr. Neary requested that an item �H.5� be added to
the agenda under Closed Session, �Meyer vs NCRA�. He stated that the board is
required to vote on additions to the agenda.
ACTION:� Upon motion by Director Sears, 2nd
By Director Ellinger, and carried (6-0) the Board approved adding an additional
item to the Closed Session, �Meyer vs NCRA.�
D.
CONSENT CALENDAR
1.
Approval
of Minutes � 3/15/2004 Regular Board Meeting
2.
Acceptance
of Financial Reports � February 2004
3.������� Acceptance of Financial Reports �
March 2004
4.������� Approval of Quitclaim Deed to City of
Willits for Alleyway Adjacent to Willits Depot����
����������� Discussion regarding Item
D.4
Legal Counsel Chris Neary provided a brief explanation in regards to the quitclaim request from the City of Willits.� He reported that the NCRA does not own this parcel, nor does the NCRA own the adjacent property.
ACTION: Upon motion by Director Ellinger, 2nd by
Director Hemphill, and carried (6-0), the Consent Calendar was approved.
�����������
E.����������� PUBLIC COMMENT
Don Edmisten:� Mr Edmisten stated that he is
a retired CPUC inspector and has long supported that railroad. He recently
spoke with the new Executive Director, Mitch Stogner, and has every confidence
in his ability to manage the NCRA. Mr. Edmisten further stated that he is
confident that rail service will be restored to the North Coast and he is
available to the NCRA if they should ever need his assistance.
F. ����������� CONDUCT OF
BUSINESS
1.������������ Petaluma Industry Track Project��
�
Mr. Stogner gave a brief overview of the project details and provided a status update on all activities regarding the request since the last board meeting.
Chair Woolley asked when the board would be able to
see something in writing. Tom Hargis from the City of Petaluma stated that
there have been previous agreements, but there would be a formal legal document
drafted once the NCRA Board and the SMART Board provided verbal agreement.
There was a brief discussion regarding technical
specifications involved in removal and replacement of the industry track.
Director Simonson made a motion to support the
Petaluma Industry Track Project in concept with the condition that the final
agreement between the parties be drafted in writing for counsel and board
approval. Director
Sears amended the motion to say that the written agreement be presented to the
board before there is approval of the concept. The amendment to the motion died
for lack of� a second.
��������������� ��������������� ��������������� ��������������� ��������������� ��������������� ��������������� Director
Burton arrived at 10:33
ACTION: Upon motion by Director Simonson, 2nd
by Director Ripple, and carried (5-1-1), the Board supports the Petaluma
Industry Track Project in concept with the condition that the final agreement
between the parties be drafted in writing for counsel and board approval.
Ayes � Ellinger, Hemphill, Ripple, Simonson, Woolley
Nays � Sears
Abstaining � Burton
��������������� 2. ��������������� Permit Policy for Non-Profit and Ad Hoc Groups.
Director
Sears stated that during the recent �March for Mattole� the Mattole group did
not pay what he considered to be the proper permit fees, which he estimated at
$2,000. He felt the policy regarding special event permits warranted board
discussion. He further stated that although there seemed to be no illegal
activity during this event, he considers this particular group to be
�environmental terrorists�.�
Director
Hemphill stated that the NCRA needs to be sure to separate individual political
beliefs from special event permitting policy.
�At the request of Director Ripple, staff
provided an overview of the events involved with the �March for Mattole�
special event application.
Chair
Woolley stated that he was consulted by staff at the time of this event and
advised them that his concern was that if the marchers were not given
permission to access the right-of-way, they would then access the highway
causing further disruption and potential risk.�
He then suggested that special event permitting policy be handled at the
committee level and then brought back to the board for final approval.
Mr. Neary
stated that there may be some legal aspects to this issue and that he would
like to be involved in the matter when the committee takes it up.
ACTION: Upon motion
by Director Hemphill, 2nd by Director Ripple, and carried (7-0) the
board referred the matter to the Property Committee.�
G.������� STAFF REPORTS
����������� 1.��������������� Executive
Director Mitch Stogner
A)
Update on HR 3550 -� TEA LU Transportation Bill, House of
Representatives
Mr.
Stogner reported that the House of Representatives recently passed the �TEA LU�
bill. With the assistance of Congressman Mike Thompson and his staff, there is
a provision included in the bill that will forgive the $12 million Q-fund loan
and specify NCRA as the lead agency for $8.6 in ISTEA funds designated back in
1995. He also reported that on April 8th Chair Woolley, Director
Ripple, and Mr. Stogner made a presentation before the CTC to discuss the Waste
and Debris Clean-Up project and the FEMA Alternate Project. CTC Deputy Director
Robert Chung made a staff recommendation at that meeting that if the Q-Fund
loan is forgiven, $5.4 million in LAIF that has been set aside to repay the
loan, would be accessible to the NCRA. Mr. Chung invited the NCRA to work with
him on this issue.
Chair
Woolley stated that the CTC presentation went very well in comparison to past
presentations. Director Ripple stated that he would be happy to assist
participate in any future discussions with Mr. Chung in regards to these
matters.
Mr.
Stogner stated that Caltrans District 1 staff was also invited to participate
in these meetings.
B)
Proposed HNTB Task Order
for the FEMA Alternate Project
Mr.
Stogner reported that on April 15th Director Ripple, HNTB consultant
Jerry Cheek, and himself met with Michael Sabbaghian in regards to the steps to
be taken in order to access these funds. Director Ripple reported that at that
meeting a timeframe and matrix was created that everyone seemed satisfied� with which included the development of a
Scope of Work and procurement documents and the costs involved for the on-call
engineer to complete these tasks.
C)
Update on the Waste and
Debris Clean Up Project�
Mr.
Stogner reported on the status of the Waste and Debris Clean-Up project. The
Pre-bid conference was held at the Willits yard on April 13th. The
actual bid opening is scheduled to take place on April 27th.�
D)
Letter from City of
Arcata re: Commuter Service from Rio Dell to Arcata and possibly
McKinleyville
Mr. Stogner reported that the City of Arcata has requested support of
passenger rail service between Rio Dell and Arcata. They are asking for support
of the concept so that they can go to local governments and attempt to get
funding commitments. They have also asked the NCRA to look into the possibility
of providing financial support for a feasibility study.
Chair
Woolley pointed out that Director Sears has written a letter in response to
this issue, and he also stated that Mr. Sears was interviewed recently on a
local television station in regards to this matter.
Director
Sears reported that he is on the �transportation Committee� of the Leadership
Roundtable and considers himself very informed on these matters. He stated that
the City has also requested that the NCRA purchase property for right-of-way up
to McKinleyville. He stated that he does not support this concept and thinks
NCRA monies can be utilized better towards other projects.
Director
Hemphill stated that the NCRA has a mandate to preserve the corridor and when
requests like these are made they should be considered because they fall within
that mandate, whether the idea is considered valid or not by individual
members.
Director
Ripple stated his concern about individual members responding to requests sent
to the NCRA and placing �Director, NCRA� next to their signatures � it implies
that it carries the weight of the full board.. He further stated that he would
have liked the opportunity to discuss the matter first.
Chair
Woolley stated his concern also and mentioned that this has happened
before.� He then stated that there may
be merit to Director Sears�s response, but suggested that a letter be drafted
back to the City about the process involved in addressing these requests, as
opposed to addressing the request in detail.��
Director
Sears stated that the letter was cc�d to him as an individual member and he
responded as an individual member. He stated that he would continue to do so in
the future.
�ACTION: Upon motion by Director Hemphill, 2nd by
Director Burton, and carried (7-0) the Board directed staff to compose a letter
to the City responding to their request.�
2.��������������� Legal Counsel Chris Neary
��
Mr. Neary reported that all parties, pending a final audit within 60 days, signed the NWPRA dissolution. He also reported that he and Mr. Stogner met with the Attorney General�s office regarding the Consent Decree and a favorable tone was set and will hopefully carry into the future.
����������������������� ����������������������� ����������� The Board convened into Closed Session at 10:55 am
H.
����������� CLOSED SESSION
1. ����������� Conference with Legal Counsel� - Anticipated Litigation pursuant to Government Code Section
54956.9 (b); Significant Exposure to Litigation (one case).
2. ����������� Conference with Legal Counsel � Existing Litigation
pursuant to Government Code Section
��������������� 54956.9 (a) (one case � Mass Electric Construction vs
Rail Ways, Inc, North Coast Railroad Authority, Mendocino Superior Court Case #
SCUK-CVG-01-85260)
3.������������ Annual Performance Evaluation of General Counsel����
4. ��������������� Conference
with Real Property Negotiator
Property Location: Ukiah
Depot Parcel
Negotiating Parties: City of
Ukiah and NCRA
Under negotiation: Price and
Terms, pursuant to Government Code Section 54956.9
����������� �
����������������������� ����������������������� ����������� The
Board reconvened to Open Session at 1:00 pm
I.����������� ANNOUNCEMENT
OUT OF CLOSED SESSION
��������������� �
H.1� ��������������� The
Board met and legal counsel received direction
H.2��������������� The Board met and received advice of legal counsel
and generalized a proposal.
H.3��������������� The Board met and received advice.
H.4��������������� The Board gave direction to staff.
J. ����������� MATTERS
FROM THE BOARD
����������� None
�����
K.�� ����������� ANNOUNCEMENT OF NEXT MEETING
����������� May 19, 2004
��������������� Fortuna City Council Chambers
��������������� 621 11th St. Fortuna,
Humboldt County
����������� �����������
L.��� ����������� ADJOURNMENT
����������� The meeting was adjourned at 1:02����������������������� ���������������
�