Wednesday, Aug 18, 2004   10:00 AM

Fortuna City Council Chambers

  Humboldt County




A.                 CALL TO ORDER


Chair Woolley called the meeting to order at 10:02 am.


B.                 ROLL CALL


The roll was called with the following members present; Ellinger, Ripple, Ollivier, Simonson, Hemphill, Chair John Woolley. Directors absent: Burton. Also present: Executive Director Mitch Stogner, Legal Counsel Chris Neary, Recording Secretary Dina Polkinghorne


C.                 AGENDA APPROVAL



Upon Motion by Director Ollivier, 2nd by Director Ripple, and carried (6-0) the agenda was approved with the addition of item H.3: Arcata Fire District Ballot 


D.                CONSENT CALENDAR



Upon motion by Director Ollivier, 2nd by Director Simonson, and carried (6-0), the Consent Calendar was approved as presented.


E.            PUBLIC COMMENT




F.             PRESENTATIONS


Humboldt Bay Short Rail Committee– Humboldt Support Coalition; Kaye Strickland


Kaye Strickland reported that the committee met on August 11th  and she handed out some pictures  taken recently of track damage. The focus of the committee is to restore short rail service to the Humboldt Bay. Mel McKenney, a volunteer for the City of Eureka voiced his concern over the conditions of the track and right of way. Pete Oringer stated that Dave Meserve, a City Council member from Arcata also attended the committee meeting and requested that when the restoration of the right of way takes place, that it be restored in a way that does not favor one type of service over another, i.e. freight over passenger, etc.  


The board and the committee members discussed a variety of possible public partners to work with on this project including HCOAG and the Humboldt Municipal Transit Service.






            1.            Adoption of FY 04-05 Agency Budget


Mr. Stogner reminded the Board that a preliminary budget was passed at the top of the fiscal year to facilitate Sonoma Co. Auditors Office to move forward with NCRA accounting services, however, a final budget still needs to be adopted. The NCRA Finance Committee has since met and the budget they approved is now being presented for approval, along with a revised budget presented by staff. The board discussed the revenue shortfall projections for the NCRA in the new fiscal year.



Upon motion by Director Ripple, 2nd by Director Hemphill, and carried (6-0) the Board adopted the draft budget as presented by the Finance Committee and directed staff to reference the cash flow report to approach local partners regarding a loan, specifically the Humboldt  Bay Harbor District.


            2.            Approval of Prop 116 Repayment Plan


Mr Stogner went over the proposed repayment plan. Kathie Jacobs from the CTC was also present and provided some background information. There was a brief discussion regarding changing the payment dates in the proposal due to cash flow issues.



Upon motion by Director Ripple, 2nd by Director Ellinger, and carried (6-0) the board adopted the repayment proposal to the CTC as presented with the following changes; annual payments will be made in the fourth qtr of each fiscal year, beginning in FY 04-05, until sufficient cash-flow is available to make first quarter payments in each fiscal year.





1.             Mitch Stogner, Executive Director


Mr Stogner reported that NCRA received oral approval of the FEMA Alternate Project funding in August. He then provided an update on the progress of the Environmental Consent Decree and the NCRA’s compliance on Task Order #4. Thirdly, he reported that the CTC meeting in which the NCRA will be making a presentation has been rescheduled to October the 28th of 2004. In closing, he reported that a letter dated August 24th, 2004 was sent to HCOAG requesting a replacement for the cities representative on the NCRA Board since Director Burton’s two year term has come to an end.


2.                  Chris Neary, Legal Counsel


No Report


3.                  Arcata Fire District Ballot


Chair Woolley briefly went over the ballot measure before the NCRA as landowners in Arcata. He reported that the Fire District is facing a budget crisis and is desperate for additional revenue to be able to provide acceptable levels of service.



Upon motion by Director Hemphill, 2nd by Director Ollivier, and carried (6-0) the board approved voting “yes” on each of the ballots.



I.            CLOSED SESSION


1.            Conference with Legal Counsel - Existing Litigation pursuant to Government Code     

            Section 54956.9 (a) (one case – Hight vs NCRA).  


2.             Conference with Legal Counsel - Anticipated Litigation pursuant to Government Code     

            Section 54956.9 (c) (one case). 


3.         Conference with Legal Counsel - Potential Litigation pursuant to Government Code     

            Section 54956.9 (b)  (one case).


                                                            The board convened into closed session at 11:50 am

                                                            The board reconvened into open session at 1:40 pm




ACTION: The board received information and gave direction to legal counsel on all three issues before them.








            September 15, 2004

            Sonoma County Supervisor Chambers

            Santa Rosa, Sonoma County


M.                ADJOURNMENT


                Chair Woolley called the meeting adjourned at 1:42 pm.