NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS
REGULAR MEETING
Wednesday, Oct 20, 2004 10:00 AM
Ukiah City Council Chambers
Mendocino County
A.
CALL TO ORDER
Chair Woolley called the
meeting to order at 10:05 am.
B.
ROLL CALL
The roll was called with the following members present; Ellinger,
Ripple, Ollivier, Simonson, Hemphill, Chair John Woolley. Directors
absent: LaVallee. Also present:
Executive Director Mitch Stogner, Legal Counsel Chris Neary, and Recording
Secretary Dina Polkinghorne
C.
AGENDA APPROVAL
ACTION
The agenda stood as presented.
D.
CONSENT CALENDAR
ACTION
Upon motion by Director Ripple, 2nd by
Director Simonson, and carried (6-0), the Consent Calendar was approved as
presented.
E. PUBLIC COMMENT
Jim Quinn – Mr Quinn stated that he is a retired CPUC employee and has a long
association with the NCRA. He urged the board to continue working on obtaining
the FEMA money, and working with elected officials. He further stated that the
NCRA should remind the Governor that an operational railroad would provide
jobs.
F. ANNOUNCEMENT OUT
OF CLOSED SESSION ( From the Special Mtg of Sep’t 27)
Mr Neary reported that the Board met with counsel,
gave direction, and received information. In regards to item E.1, the board unanimously
extended the Standstill Agreement with NWPY to December 31, 2004.
G. CONDUCT OF BUSINESS
1. Consideration of Proposal – City of
Healdsburg
Andy Gustafson from the City of Healdsburg reminded
the board of its presentation back in June regarding a bike and pedestrian
path, known as the Foss Creek Pathway, on the right of way. He asked the board
for agreement that the installation of the Pathway was within the City of Healdsburg’s
Beautification Lease with the NCRA. He also requested that Mitch Stogner be
authorized to amend the lease to include more area on its right-of-way.
Mr. Gustafson assured Director Hemphill that a
reversionary clause would be included in any agreement. Members of the public
raised questions about the necessity of the path and the use. Director Hemphill
stated that those issues should be directed at the Healdsburg City Council, as
the NCRA has no opinion on the need or validity of a municipal path.
ACTION
Upon motion by Director Hemphill, 2nd by
Director Ellinger, and carried (6-0) the Board confirmed that the development
of the Foss Creek Pathway was within the language of the Beautification Lease,
and directed staff to work with Mr. Gustafson on any amendment to the lease.
2. Consideration
of Proposal – City of Ukiah
Mr.
Rick Seanor of the City of Ukiah reminded the board that he made a presentation
to the NCRA Property Committee back in March of 2003 in regards to a bike and
pedestrian path along the railroad right-of-way. The Property Committee unanimously agreed with the project in
concept, but recommended safety issues be addressed before it came before the
full board.
Mr
Seanor explained that they have not yet addressed safety issues, and at this
point the City is just looking for the full board to agree with the project in
concept so that funding could be sought.
Members
of the public were invited to address the item.
Hannah
Burkhardt stated that she agreed with the project in concept, but urged the
board to look at redeveloping the depot first.
Chris
Burkhardt did not believe that the project was worthwhile, but if it was to be
pursued, to look at the Sacramento Bike Path Project as a good example of how
it could be done.
Mr.
Roger Graeber stated that he prefers the right-of-way as it is.
ACTION
Upon
motion by Director Ripple, 2nd by Director Ollivier, and carried
(6-0) the board directed staff to send a letter of concurrence,
subject to concurrence from the Operator, stating that the project should be
compatible with future rail service, include a reversionary clause, address
liability issues, and brought back to the full board for final approval.
3.
Consideration of Surplus Declaration and
Donation – Roots of Motive Power
Mr Stogner advised the board
that the Roots of Motive Power have requested that the Board donate an old,
valueless, concrete railroad telephone booth to their organization for display
in the County museum.
ACTION
Upon
motion by Director Ellinger, 2nd by Director Simonson, and carried
(6-0), the board approved the donation of the telephone booth to the Roots of
Motive Power, subject to clarification from Caltrans District 1.
4. Award of Contract for Audit Services
.
Mr
Stogner reported that the NCRA received two bids for audit services and based
on a point system, staff is recommending the contract be awarded to Aycock and
Edgmon.
ACTION
Upon
motion by Director Ripple, 2nd by Director Simonson, and carried
(6-0), the board awarded the Audit Services Contract to Aycock and Edgmon.
5. Ratification of Comments to City of Eureka;
Notice of Preparation, Waterfront Drive Extension Project, Draft Environmental
Impact Report
Without
any objections from the Board, Chair Woolley stated that the letter stood as
approved.
H.
STAFF
REPORT
1. Mitch
Stogner, Executive Director
Upcoming CTC Meeting
Mr Stogner reported that NCRA is scheduled to make a
CTC presentation on October 28th. He has been working with CTC staff
on the materials and context of the presentation. He will focus on the NCRA’s
Strategic Plan for 2005, and address the potential forgiveness of the Q-Fund
loan. Chair Woolley and Director Ripple will also be attending.
Mr Stogner stated that the he has been reassured by
FEMA and OES staff that the award of grant is forthcoming in the next 2 – 3
days. The delay in award was related to the hurricane season. He also reported
that the Waste and Debris Cleanup Project of the Environmental Consent Decree
is well underway and should be finished by the next meeting.
Mr Mort August of Willdan, a sub contractor of the
NCRA’s Prime On-Call Engineer HNTB, reported that 80% of the clean up has been
done and that there is a bin of unexpected debris at the Island Mountain site.
A change order for $2000 will need to be addressed to remove this unexpected
debris, which is contained in a bin. He also offered to work with staff on any
press releases at the completion of the project.
Chair Woolley reported that the loan request by the
NCRA from the Humboldt Bay Harbor District was approved. He thanked the
District and Mr. Ollivier for all his assistance.
2.
Chris Neary, Legal Counsel
No Report
I. MATTERS FROM BOARD MEMEBERS
Chair Woolley reported that a group of attorneys in
Humboldt County are looking into the possibility of forcing an abandonment of
the line within the county.
J. CLOSED
SESSION
The board convened into closed session at
11:15 am
1. Conference with Legal Council – Potential
Litigation pursuant to Gov. Code 54956.9 (b) 1 case.
2. Conference with Legal Council – Existing Litigation
pursuant to Gov. Code 54956.9 (a) 1 case. Hight vs NCRA; Mendocino County
Superior Court Case #80240
The board reconvened into open session at
1:10 pm
K. ANNOUNCMENT
OUT OF CLOSED SESSION
Mr. Neary announced that
the Board received information and gave direction.
L. ANNOUNCEMENT OF NEXT MEETING
November 17, 2004
Fortuna City Council Chambers
621 11th St.
Fortuna, Humboldt County
M. ADJOURNMENT
Chair Woolley called the meeting adjourned at
1:22 pm.