Board of Directors Regular Meeting


Thursday, April 28, 2005

Ukiah City Council Chambers

Mendocino County




A.        Call to Order


            Chair Woolley called the meeting to order at 10:12


B.        Roll Call


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


C.        Agenda Approval



            Upon Motion by Director Simonson, 2nd Director LaVallee and carried (6-0) the Agenda                was         approved with the following additions;


            Item D.2  Dave Anderson – HNTB Approval of Advertisement for Bids

            Item I.5   Closed Session – One item, Gov Code 54956.87


D.        Consent Calendar




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


                                                                        10:15 Director Ripple arrives

E.         Public Comment


            Chris Burkhart – Mr. Burkhart would like to see the Willits yard fenced so that future               vandalism is prevented.


F.         Presentations


            Moss Bittner – Power Point presentation – ROW Eel River Canyon


                Mr. Moss Bittner, a resident of Humboldt County, provided the board with a Power Point               presentation of a recent trek he made along the right-of-way through the Eel River Canyon          portion of the railroad. He walked for 42 miles from Dos Rios to Alderpoint and commented           on the condition of the tracks and the railroad in general.  



            John McCowen – City of Ukiah Councilmember


Mr. McCowen made a presentation to the Board to seek support for the potential of a transit station located at the Ukiah Depot site on Perkins Street.  Mr. McCowen would like the NCRA, MTA, and  the City of Ukiah to work together to redevelop the entire depot property.  The Ukiah City Council is unanimous in its support of the project.  The MTA has a grant that can help fund part of the project, but there are time constraints related to the use of the funds.   Mr. McCowen pointed out that use of the depot as an intermodal transit hub had many advantages. 


                Chairman Woolley and Director Hemphill pointed out that the NCRA Board of Directors                supports                the concept of a transit station at    the depot site, although many details need to be worked     out.  As such, NCRA staff will work with the City of Ukiah to bring the item back to the Board        along with a recommendation for action.


G.        Conduct of Business


1.      Adoption –Policies and Procedures Manual


                Legal Counsel Chris Neary requested Board adoption of NCRA’s consolidated Policies and          Procedures Manual.  Director LaVallee moved to adopt the Policies and Procedures Manual.  2nd            by Director Ollivier, carried (7-0)


2.      Dave Anderson –HNTB


            Project Manager, Dave Anderson (HNTB) requested authorization to advertise the bid for repair                 of the Black Point and Haystack Swing Bridges.  Director Hemphill moved to authorize the     advertisement of bid for repairs of both Haystack and Black Point bridges, 2nd by Director              Ellinger, motion carried (7-0)


H.        Staff Reports


1.                  Executive Director Mitch Stogner


a.)    Status Update – FEMA Alternate Project


Mr. Stogner updated the Board on the FEMA Alternate Project. Bids will go out                for the Black Point and Haystack Bridge repairs in June.  The Board authorized NCRA staff to proceed with the bid process.


b.)    Status Update – SB792


Mr. Stogner updated the Board on NCRA-sponsored legislation, SB792.  It was approved by the Senate Transportation Committee (9-3).  On April 26th it was approved by the Senate Appropriations Committee (7-5) and by the full Senate (22-14) on April 28th.



c.)    Status Update – HR3


Mr. Stogner updated the Board on Federal Legislation that was approved by the House in March and under consideration by the Senate the week of May 9.  This measure designates NCRA as the recipient for $8.6 mil. in ISTEA funds and forgives the Q-fund loan. 


d.)    Status Update – Environmental Consent Decree Close Out


Mr. Stogner reported that site inspection will be completed this week for the surface clean-up under Project 32.5, Environmental Consent Decree.  The next step is the sub-surface clean-up.



e.)    Volunteer Policy and Program Direction


Mr. Neary corrected a statement that he made in Healdsburg regarding volunteer work along the right-of-way.  He said that he would revisit the issue at the May Board Meeting with the goal of presenting the Board with a Policy involving the use of volunteers on NCRA property.


                                                        The Board convened into Close Session at 11:26 am


I.                   Closed Session


1.      Conference with Legal Counsel – Existing Litigation pursuant to Gov. Code Section 54956.9 (a) (4 cases)


Coast Guard Proceeding, Activity # 2026382

NCRA vs. Jerico Products, Sonoma County #235961

Jerico vs. SMART, N.D. (Cal.) # 05-210

Michael Meyer vs. NCRA STB # 34337


                        The Board received information.


2.      Conference With Legal Counsel – Significant Exposure to Litigation pursuant to Gov. Code 54596.9 (b) (2 cases)


The Board received information and gave direction.


3.      Conference with Real Property Negotiators


The Board received information.



4.      Executive Director Performance Review


                        The Board received information.


                                                                        The Board reconvened into Open Session at 2:40



            J.         Matters from the Board


            Director Ollivier reported on progress toward achieving the goal of rail access to the      Port of Humboldt Bay.


            Director Ellinger regretfully reported that he will be resigning from the NCRA Board of Directors and undertaking plans to relocate outside California.


            K.        Announcement out of Closed Session


                        The Board approved extending the Standstill Agreement until June 30,                                                                                2005.


                L.           Announcement of Next Meeting


                                May 18, 2005

                                Fortuna City Council Chambers

                                Fortuna, Humboldt County



            M.       Adjournment


                        The Board adjourned at 2:45 pm.