NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS
REGULAR MEETING
Wednesday, July 21, 2004 10:00 AM
Willits City Council Chambers
111 East Commercial St. Willits, Mendocino County
A.
CALL TO ORDER
Vice Chair Allan Hemphill
called the meeting to order at 10:01 am.
B.
ROLL CALL
The roll was called with the following members present; Burton,
Ellinger, Ripple, Ollivier, Simonson, Vice Chair Hemphill. Members absent;
Chair John Woolley.
C.
AGENDA APPROVAL
ACTION
Upon Motion by Director Ollivier, 2nd by
Director Ellinger, and carried (6-0) the agenda was approved with the addition
of item H.5:
Conference with Legal Counsel – Existing Litigation
pursuant to Gov. Code Section 54956.9 (one case – Hight vs NCRA).
Vice Chair Hemphill stopped briefly
to thank outgoing member Bruce Burton for his
contributions to the NCRA. He was
also presented with a plaque.
D.
CONSENT CALENDAR
1. Approval
of Minutes – 6/16/2004 Regular Board Meeting
Removed for discussion. Director Ripple asked that the
following changes be made to the minutes;
1.)
Change the name “Sears” to “Ollivier” under the Roll Call
2.)
To note under Item I.1, Conference with Real Property Negotiator,
Negotiating Parties: Tyris Corp and NCRA, that Director Ripple recused himself
due to a conflict of interest.
ACTION
Upon motion by Director Simonson, 2nd by
Director Ellinger, and carried (6-0), the Consent Calendar was approved with
the changes recommended by Director Ripple.
E. PUBLIC COMMENT
Hannah Burkhart – Ms Burkhart provided the
NCRA with an electronic version of an historical essay on the Northwestern
Pacific Railroad created by the Mendocino County Railway Society. She further
stated that it has been suggested to her that the NCRA post the document on its
website.
Bruce Evans – Mr. Evans is a Roots of Motive Power Board Member. He informed the
board of its upcoming annual Steam Festival event and passed out complimentary
tickets for the Barbeque to the Board.
F. CONDUCT OF
BUSINESS
1.
Approval
of Q-Fund Proposal
Mr. Stogner went over the draft proposal. He
explained that under the proposal $3.48 million would be obligated to the
Environmental Remediation Project 32.5 (Consent Decree Compliance) under the
TCRP program, and $2 million to NCRA to fill two staff positions and fund the
agency budget deficit from Fiscal Year 04-05 – 07-08.
There was a discussion regarding obtaining
Environmental Consent Decree (ECD) concurrence on this issue, as directed by
the CTC. Mr. Stogner pointed out that the ECD agencies have suggested that the
$2 million the NCRA would like to obligate to the Agency would instead be held
in abeyance for possible increased compliance costs.
Mr. Neary reported that the two biggest components
of the ECD - the Willits Yard and Island Mountain - would fall under a
potential environmental indemnification by the Union Pacific.
Director Ripple stated that the NCRA is willing to
use this money to pay for ECD compliance outside of TCRP. In his view it would
be less expensive to obligate the $2 million to the NCRA so that the agency can
hire the two staff people necessary to comply, than to pay a consultant for
those services. He stated his concern with the ECD agencies position – if the
NCRA does not have the funds necessary, who would comply with the ECD?
Mr. Stogner stated that by adopting the proposal as
presented it would not shut the door on the ongoing concurrence discussions
with the ECD agencies - the NCRA’s success in obtaining the $2 million will be
much greater if concurrence is reached. He further stated that the proposal is
before the board today because Sen. Chesbro’s office suggested board approval
be obtained and he concurred.
ACTION
Upon motion by Director Ripple, 2nd by
Director Simonson, and carried (6-0) the board approved the proposal as presented.
2.
Approval
of CEQA Adoption
Mr. Stogner briefly stated that CEQA adoption will
eventually be necessary as part of the FEMA grant. No further discussion or
action taken.
G. STAFF REPORTS
1. Executive Director Mitch Stogner
A)
Update
on FEMA Alternate Project
Mr. Stogner stated that the NCRA is at critical juncture in the FEMA
process. OES sent a list of equipment and materials to FEMA and have requested
approval and categorical exclusion. He further stated that the NCRA could
expect a response by the end of July.
B)
PSC
NTP Consent Decree Clean-Up
It
was reported by Mr. Stogner that PSC was given notice to proceed. They were
instructed to provide “submittals” outlining their protocols and procedures to
the ECD agencies for approval. They are now awaiting approval.
C)
Eureka
Waterfront Extension Project
Mr.
Stogner reported that approximately three or four years ago the City of Eureka
applied to the NCRA for approval of its Waterfront Drive extension pending some
environmental clearance processes. The City is now ready to move forward on
this project and Chair Woolley has asked that it be agendized for next month’s
meeting in Fortuna.
2. Legal Counsel Chris
Neary
No report.
The board adjourned into closed session at
10:35 am.
H.
CLOSED
SESSION
1. Conference with Real Property Negotiator pursuant to
Government Code Section 54956.8. Property Location: Northern Sonoma County
Negotiating Parties: Tyris
Corp and NCRA
Under negotiation: Terms and Conditions of Lease
Director Ripple recused himself from this item only
due to a conflict of interest.
2. Conference with Real Property Negotiator pursuant to
Government Code Section 54956.8. Property Location: Cahto Peak and Pratt
Mountain
Negotiating Parties:
Johannesen and NCRA
Under negotiation: Terms and Conditions of Sale of
Interest in BLM License and NCRA Lease
3. Conference
with Legal Counsel - Anticipated Litigation pursuant to Government Code
Section 54956.9 (two cases).
4. Conference
with Legal Counsel - Existing Litigation pursuant to Government Code
Section
54956.9 (one case – Mass Electric vs NCRA).
5. Conference
with Legal Counsel - Existing Litigation pursuant to Government Code
Section
54956.9 (one case – Hight vs NCRA).
The
board reconvened into open session at 12:20 pm
I. ANNOUNCEMENT
OUT OF CLOSED SESSION
1. Conference with Real Property Negotiator pursuant to
Government Code Section 54956.8. Property Location: Northern Sonoma County
Negotiating Parties: Tyris
Corp and NCRA
Under negotiation: Terms and Conditions of Lease
ACTION: The board (Dir. Ripple recused) received
information and gave direction to staff.
2. Conference with Real Property Negotiator pursuant to
Government Code Section 54956.8. Property Location: Cahto Peak and Pratt
Mountain
Negotiating Parties:
Johannesen and NCRA
Under negotiation: Terms and Conditions of Sale of
Interest in BLM License and NCRA Lease
ACTION: The board received information and gave
direction to staff.
3. Conference
with Legal Counsel - Anticipated Litigation pursuant to Government Code
Section 54956.9 (two cases).
ACTION: The board received information and gave
direction to legal counsel.
4. Conference
with Legal Counsel - Existing Litigation pursuant to Government Code
Section
54956.9 (one case – Mass Electric vs NCRA).
ACTION: The board received information and gave
direction to legal counsel.
5. Conference
with Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9
(one case – Hight vs NCRA).
ACTION: The board received information and gave
direction to legal counsel.
J. MATTERS
FROM THE BOARD
None
K. ANNOUNCEMENT OF NEXT MEETING
August 18, 2004
Fortuna City Council Chambers
Fortuna, Humboldt County
L. ADJOURNMENT
Vice Chair Hemphill called the meeting
adjourned at 12:22 pm.