AGENDA

NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

Wednesday, January 21st, 2004 10:00 AM

Arcata City Council Chambers

736 F Street, Arcata, California

AGENDA NOTE

All items appearing on the agenda are subject to action by the Board of Directors. Staff recommendations are subject to action by the Board of Directors. Staff recommendations are subject to change by the Board.

A. CALL TO ORDER

B. ROLL CALL

C. CONSENT CALENDAR

1. Approval of Minutes – 12/17/2003 Regular Board Meeting

2. Approve Passenger Easement correcting legal description

D. AGENDA APPROVAL

E. PUBLIC COMMENT

Comments will be limited to three minutes per person and not more than ten minutes per subject, so that everyone can be heard. “Public Comment” time is limited to matters under the jurisdiction of the Authority that may not have been considered by the Authority previously and are not on the agenda. No action will be taken. Members of the public may also comment during specific agenda items when recognized by the Chair.

F. CONDUCT OF BUSINESS

1. Elections of Officers – Chair, Vice Chair, Second Vice Chair

2. Appointment to Finance Committee (One Vacancy)

3. Appointment to Property Committee (One Vacancy)

4. Consider and Approve Corridor Transfer Agreement with SMART – Chris Neary

5. Consider and Approve NWPRA Dissolution Agreement – Chris Neary

6. Consideration of Proposal regarding “Rails With Trails” and Railbanking – Dan Hauser, City Manager, City of Arcata

G. PRESENTATIONS

1. Sierra Railroad – Mike Hart & John Speight: regarding the California Western Railroad

2. Office of Emergency Services (OES) – Michael Sabbaghian: regarding the FEMA Alternate Project

H. STAFF REPORT

1. Executive Director Mitch Stogner

2. Legal Counsel Christopher Neary

I. CLOSED SESSION

1. Conference with Legal Counsel – Anticipated Litigation

Significant Exposure to Litigation (3 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.

C) Receipt of Demand for Quitclaim Deed by Arcata Recycling Center.

J. ANNOUNCEMENT OUT OF CLOSED SESSION

K. MATTERS FROM THE BOARD

L. ANNOUNCEMENT OF NEXT MEETING

February 18, 2004

Willits City Council Chambers

111 East Commercial Street, Willits, CA, Mendocino County

M. ADJOURNMENT

AGENDA NOTE

All items appearing on the agenda are subject to action by the Board of Directors. Staff recommendations are subject to action by the Board of Directors. Staff recommendations are subject to change by the Board.

AMERICAN WITH DISABILITIES ACT (ADA) REQUESTS

To request disability-related modifications or accommodations for accessible locations or meeting materials in alternative formats (as allowed under Section 12132 of the ADA) please contact the NCRA office at 707 463-3280, at least 72 hours before the meeting.

ADDITIONS TO AGENDA

The Brown Act, Section 54954.2, states that the Board may take action on off-agenda items when: a) a majority vote determines that an “emergency situation” exists as defined in Section 54956.5, or b) a two-thirds vote of the body, or a unanimous vote of those present, determines that there is a need to take immediate action and the need for action arose after the agenda was legally posted, or c) the item was continued from a prior, legally posted meeting not more than five calendar days before this meeting.

CLOSED SESSION

If agendized, NCRA may adjourn to a closed session to consider litigation or personnel matters. Discussion of litigation or pending litigation may be held in closed session by authority of Government Code Section 54956.9; discussion of personnel matters by authority of Government Code Section 54957; to confer with their negotiator regarding real property by authority of Government Code Section 54956.8.