Thursday, June 23, 10:00 am

Willits City Council Chambers

111 E. Commercial Street, Willits

Mendocino County

Approved MINUTES


            The meeting was called to order at 10:10 am.

B.            INTRODUCTION

            Chairman Woolley introduced incoming Board Member, Mendocino County Supervisor Hal Wagenet. 


C.        ROLL CALL

            Directors Present:  Directors Simonson, Ollivier, LaVallee, Ripple, Wagenet and Chairman Woolley

                Directors absent:                Director Hemphill

                Also present: Executive Director Mitch Stogner, Legal Counsel Christopher Neary, and Recording Secretary Heather Newell.



            Upon request by Executive Director Mitch Stogner, one item added to Consent Calendar 4. D - FEMA/OES Budget.  Motion to add item carried unanimously (6-0).


            Consent Calendar was approved unanimously (6-0).  

            Approval of Financial Statements – May 2005

            Approval of Minutes – May 2005

                Approval Final Draft Budget for FY 05-06

                Approval of FEMA/OES Budget for FY 05-06


F.            PUBLIC COMMENT


            Ruth Rockefeller relayed a message from Don Edmiston who expressed concern about the weeds that are growing along the NCRA Right-of-Way.

                The City Manager of Willits, Ross Walker, introduced himself and welcomed the NCRA Board to Willits.  He said he is very hopeful that excursion and freight service will resume, and offered the Board his support.


Public Comment (cont.)

                Moss Bitner of Eureka gave the Board an update on his activities.   He is planning to hike from Alderpoint to Shively soon.  He recently gave a presentation to the NWP Railroad Historical Society.  He said that it is encouraging to see all of the renewed energy and support for the railroad. 



1.                   Approval of Form Letter to Encroachers

                                The Board was presented with a form letter that can be addressed to trespassers along the right-of-way.  Chairman Woolley suggested that staff take the time to research individual complaints, and contact the property owners along the right-of-way to discuss any alleged trespassing issues before sending the letter.  It was determined that staff will handle each situation as it arises.

2.                   Termination of Passenger Carrier Agreement

                                Motion to approve the final version of the agreement between NCRA and Redwood Coast Company through the Operator Committee.  Motion made by Director Simonson, Director Ollivier seconded, carried unanimously (6-0).

                3.                Acceptance of Bid and Award of Contract for Black Point Bridge &

                4.                Acceptance of Bid and Award of Contract for Haystack Landing Bridge

                                Executive Director, Mitch Stogner updated the Board on the Bid that was received by Dutra Construction Company.  Mr. Stogner recommended that the Board approve award of the contract to Dutra Construction.  Dave Anderson, HNTB said he is confident that the bid submitted Dutra Construction Company is complete and should be awarded.  Mr. Anderson also updated the Board on the bird surveys that have been completed for the bridges and said that it could possibly ay the start of the repairs on Black Point until August 15, 2005. 

                                Director Ripple expressed the importance of documenting the reasons for all schedule changes so that we can request an extension from FEMA if it is needed.  He also noted that the repairs need to be completed by October 31. 

                                Director Ripple explained that the process of obtaining all of the required permits to start the project is underway and progressing satisfactorily.


                                Motion made to approve the award of contract and Notice to Proceed to the Dutra Construction Company with the inclusion of $68,000.00 assuming 35 days liquidated damages, made by Director LaVallee, Director Simonson seconded, carried unanimously (6-0). 


5.                   Ratification of Notice to Bidders for Acquisition of Rail Cars

                                Executive Director, Mitch Stogner requested a ratification of the timeline for the acquisition of rail cars and crossing signals.  Bid opening is scheduled for July 1, 2005 and award of contract is scheduled for the July 2005 Board meeting.  Motion to approve the proposed schedule leading to the award of contract for rail car and signal procurement made by Director Simonson, seconded by Director Ripple, motion carried unanimously (6-0).




6.                   NCRA Board Meeting Schedule

                                Executive Director, Mitch Stogner recommended that the NCRA Regular Board meetings be held on the fourth Thursday of each month so that NCRA can attend the SMART meetings.  Motion to approve the NCRA Board Meeting schedule change made by Director LaVallee, seconded by Director Simonson, motion carried unanimously (6-0).




                1.                 Operator Committee Report – Operator Committee Chairman Ripple

                                No report.

J.            STAFF REPORTS

            1.                Executive Director Mitch Stogner

a.)                  SB 792/HR 3


                Executive Director, Mitch Stogner updated the Board on the status of SB 792 and HR 3. 

b.)                  ISTEA Grant/Local Match

                                                Executive Director, Mitch Stogner informed the Board that when HR 3 gets enacted and                                                          the $8.6 becomes available to NCRA, one of the first                 requirements will be the local                                                        match of 20%.  NCRA has suggested that if the Traffic Congestion Relief Program                                                                 does survive, NCRA can apply for the local match out of that program.


c.)                  Meeting with SMART – Contracting Schedule

                                                On the June 15 Director Ripple and Mitch Stogner made a presentation to the SMART                                                          Board about NCRA contract schedule under the Alternate Project grant.

3.                   Legal Counsel Chris Neary                

                                                Legal Counsel, Chris Neary informed the Board that NCRA has received a decision in                                                             the Coast Guard Civil Assessment proceeding. 



Director Hemphill arrives at 11:16

The Board Convened into Close Session at 11:18

L.            CLOSED SESSION

            Conference with Legal Counsel – Existing Litigation pursuant to Gov. Code 54596.9 (a)


                                Coast Guard Proceeding, Activity 20226382

                                NCRA vs. Jerico Products, Sonoma County # 235961

                                Jerico Products vs. NCRA N.D. (Cal.) 05-210

                                Michael Meyer vs. NCRA STB # 34337

                Conference with Legal Counsel – Significant Exposure to Litigation pursuant to Gov. Code 545969 (b) (2             cases)

                Executive Director Performance Review

The Board Reconvened into Open Session at 1:25 pm



            The Board extended the Standstill Agreement on the terms of a written agreement summarized as being: an extension to October 31, 2005 with the requirement that any Reopening Plan be submitted by September 30, and that monthly progress reports be provided to the Operating Committee, and that the parties mutually release all claims as of the date specified in the agreement.



            July 28, 2005

                Healdsburg City Council Chambers

                Healdsburg, Sonoma County


O.            ADJOURNMENT


            The meeting was adjourned at 1:25 to the Property Committee Meeting.