NORTH COAST RAILROAD AUTHORITY (NCRA) REGULAR BOARD MEETING

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1 North Coast Railroad Authority 419 Talmage Road, Suite M Ukiah, Ca NORTH COAST RAILROAD AUTHORITY (NCRA) REGULAR BOARD MEETING Wednesday, April 11, :30 a.m. Eureka City Council Chambers 531 K Street, Eureka, CA Humboldt County A. CALL TO ORDER Approved Minutes With Amendments Chairman Clendenen called the meeting to order at 10:35 a.m. B. ROLL CALL Directors Present: Meyers, Hemphill, Kelley, McCowen, Kier, Wagenet, Chairman Clendenen Directors Absent: Wolter, MacDonald Also Present: Executive Director Mitch Stogner, Legal Counsel C.J. Neary, Recording Secretary Heather Lindsteadt C. AGENDA APPROVAL The agenda stood as presented. D. PUBLIC COMMENT Pete Johnston President, Timber Heritage Association. Mr. Johnston said that he is interested in bringing the community together on the issue of use of the NCRA owned right-of-way. He expressed an interest in better communication and working together for the benefit of the entire community. He said that the THA has an expanded speeder run schedule in 2012 and said that the community enjoys the events which average 300 attendees per event. He said that the THA s annual dinner auction will be held on April 21 and invited the Board to attend. Timothy Daniels student Humboldt State University, Retired US Coast Guard, Pedestrian Big Foot Bicycle Club, and Member of Humboldt Bay Bicycle Commuter Association, Humboldt Trails Association and Greenwheels. He said that trains are the most environmentally friendly way to transport goods and people and that he supports trains as a mode of transportation. He also pointed out that the railroad right of way has not been used for 12 years 1

2 and the community wants to be able to take full advantage of the right-of-way for trails and other uses. Lawrence Labranche He said that now that gas prices are increasing we will need the railroad more than ever. He said that the trail advocates argue that railbanking is an easy thing to do, and it is not. He said the trail groups will have to pay to manage and use the right-of-way they intend to use for a trail. Rees Hughes - Arcata Resident. He said he has watched the rail right-of-way go unused for many years and he wants the property to be used for both rails and trails. He said the entire community would benefit from use of the right-of-way. Darren Mierau North Coast Area Manager for Cal Trout. He asked if he could update the Board on his Eel River fisheries restoration project at its May 2012 meeting. He thanked Executive Director Stogner for his support letters to date, and said that he will need Board direction for the next phase of the project. John Webb Trinidad Resident, member of THA. He said that the trails and rails advocates need to work together in a cooperative spirit to find a way to use the rail-right-of-way for rails with trails. He said railbanking is rail abandonment, and the Board would be abandoning the property for future railroad use. He said we need to have alternate modes of transportation besides Hwy 101, and that we will be sorry if the railroad right-of-way is abandoned. Chris Weston Founder, Eel River Trails Association. Mr. Weston handed out a pamphlet entitled The Return of the Eel River Trail. He reminded the Board that rail service has not been provided, other than the THA speeder system, which he supports. He said whenever there is an economically feasible way to bring rail back to Humboldt County, he will be in support of that. He said the community does not want to lose the valuable right-of-way for beneficial public uses. Richard Tulson Eureka Resident, Mr. Tulson said that the price of diesel. He said eventually the railroad may not be able to afford the diesel prices. He said that alternate energy is important to consider, such as electricity to power vehicles. Stephen Avis City of Fortuna Planner and North Coast Regional Representative for the American Planning Association. He said the American Planning Association that supports multi modal transportation opportunities. He said that Humboldt County residents are fortunate to have a right-of-way that can be used for both rails and trails. He said he would like to have a trail system that connects the communities of Humboldt County. Dennis Ryal Business Owner Eureka and Arcata and Parent. He voiced his support for a railswith-trails system and urged the Board to help the community make the best use of the right-ofway. Director Hemphill said that NCRA has a policy for rails-with-trails and is on record is support of both uses for the railroad right-of-way. E. PRESENTATIONS 1. Humboldt County Public Works Department - Hank Seeman - Arcata and Mad River RR Rail Trail Project Progress Report 2

3 Megan Ryan, assigned planner for the Annie and Mary Rail Trail for HCAOG, said that HCAOG has been working on the feasibility of an Annie and Mary Rail Trail. She said that HCAOG will be working with its railbanking attorney on the legal issues and property ownership. She said they will be presenting that information to the HCAOG Board for direction in the near future. Ms. Ryan thanked Hank Seeman, Manager Humboldt County Environmental Services, and said that he would be presenting a PowerPoint presentation on the Annie and Mary Rail Trail. Hank Seemann gave a PowerPoint presentation on the status of the Annie and Mary Trail project. Mr. Seemann said that another progress report will be presented to the NCRA Board near the end of He said next steps are: HCOG/Humboldt County completion of deed research of the property and mapping; consultation with railbanking attorney and then HCAOG Board; Mad River Bridge deterioration issues and possible joint project to repair the bridge; interest in identifying a trail manger; develop agreement with NCRA; and dealing with infrastructure challenges and environmental reviews. He said that the local entities will continue to work on the project and return to the Board with a proposed project. Marcella Clem, Executive Director HCAOG. She thanked the Board and the HCAOG Board, Hank Seemann, and the many volunteers that are helping with the project. Public Comment on Item E. 1 Chris Weston suggested that a presentation be made to the NCRA Board, at its next Board meeting in Eureka, regarding updates on the Glendale Bridge, deeds, and confirmation that formal abandonment of the A&M line has not taken plan. Lawrence Labranche said that he is concerned that the Glendale Bridge will not be able to handle rail loads if it is designed for pedestrians and a water line. F. CONDUCT OF BUSINESS 1. Consideration of Timber Heritage Association Use of Tracks Calendar Year 2012 Upon Motion by Director Hemphill, seconded by Director Wagenet, the Board approved the Timber Heritage Association (THA) 2012 Speeder Run Schedule in accordance with the Staff Recommendation. The Board also directed staff to amend the Track Inspection Report prepared by Dave Anderson, to state that if any repair problems are discovered by THA they will not use that section of track and NCRA should be notified as soon as possible. Motion Carried: AYES: 6 NOES: 1 Meyers ABSENT: 2 Wolter, MacDonald, ABSTAIN: 0 Public Comment on Item F.1 A representative from the Humboldt Watershed Council invited the Board to the Economic Development Forum on April 12 at the Elks Lodge. Director Kier said that he would attend the event. 3

4 Sid Berg- McKinleyville resident. He said that he has heard nothing but positive comments on the THA speeder runs and thanked the Board for its support. Pete Oringer, Board member THA. He said that it is not THA s policy to do any repairs on NCRA s right of way. He said that they only conduct the track inspections and perform weed and brush clearing. 2. Consideration of NCRA Policies and Procedures Amendment Section Monthly Reporting Upon Motion by Director McCowen, seconded my Director Kelley the Board approved the amendments to NCRA Policy and Procedures section Director Myers asked that when needed, a Project Cost Report may need to be included in the financial statements. Motion Carried: AYES: 7 NOES: 0 ABSENT: 2 Wolter, MacDonald. ABSTAIN: 0 G. CONSENT CALENDAR 1. Approval of Minutes Regular Board Meeting February 8, Approval of Minutes Regular Board Meeting January 11, Acceptance of NCRA Financial Statements February Acceptance of NCRA Financial Statements March Acceptance of Warrants Issued February Acceptance of Warrants Issued March Acceptance of Cal Card Statement February Acceptance of Cal Card Statement March 2012 Director Meyers asked that the February minutes be amended to reflect that the APP contract expiration date be 30 days after the new lease agreement with the operator is negotiated. Upon Motion by Director Hemphill seconded by Director Kelley the Board approved Consent Calendar AYES: 7, NOES: 0 with Director Meyers voting no on Items G.3 and G.4, ABSENT: 2 Wolter and MacDonald ABSTAIN: 0 H. STAFF REPORT Mitch Stogner Executive Director Executive Director Stogner updated the Board on the recent SMART contracts and coordination meetings taking place which include NWP Co., SMART and NCRA. I. OPERATOR REPORT John H. Williams NWP Co. No Report J. LEGAL COUNSEL REPORT CJ Neary Legal Counsel Neary said that the Administrative Office of the Courts selected the Ukiah Depot property as the first choice for the new Mendocino County Courthouse and reported that the City of Ukiah representatives would give an update at the May 9 meeting in Ukiah. 4

5 K. MATTERS FROM THE BOARD Chairman Clendenen updated the Board on the SMART groundbreaking ceremony which he attended with Executive Director Stogner and Director Kelley. Director Meyers said that he provided the Punch List Capper memo to help with the negotiations of the NWP Co. lease agreement. He suggested that NCRA look to hire an outside attorney to help with the negotiations. Director Meyers asked about the status of the Novato Consent Decree, status of RRIF, Property Specialist RFQ, and dates of 2012 meetings in Marin. Chairman Hemphill said that Director Meyers sent a memo to the press and which mischaracterized lease negotiations with the operator and unfairly criticized the NCRA Board and Staff. He said he was very disappointed with Director Meyers actions. The Board convened into Closed Session at 12:41 p.m. L. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Government Code Sections (a) a. Californians For Alternatives to Toxics v. NCRA et al.; Northern District of California case number C b. Friends of the Eel River v. NCRA et al.; Northern District of California case number C CONFERENCE WITH LEGAL COUNSEL INITIATION OF LITIGATION Government Code Section (c) 1 Item Directors Kelley and Hemphill leave at 1:00 p.m. The Board reconvened into Open Session at 1:15 p.m. M. ANNOUNCEMENT OUT OF CLOSED SESSION The Board met with Legal Counsel, received information and gave direction on 2 items of existing litigation. The Board also received information and gave direction on one item of potential Litigation. N. ANNOUNCEMENT OF NEXT MEETING May 9, :30 a.m. Mendocino County Board of Supervisors Chamber 501 Low Gap Road, Room 1070 Ukiah Mendocino County O. ADJOURNMENT 5

6 Chairman Clendenen adjourned the meeting at 1:20 p.m. 6

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