Prepared for approval by

NCRA Board of Directors

at its April 8, 2015 meeting.

North Coast Railroad Authority

419 Talmage Road, Suite M

Ukiah, Ca 95482

NORTH COAST RAILROAD AUTHORITY (NCRA)

REGULAR BOARD MEETING

Wednesday, March 11, 2015 – 10:30 a.m.

Mendocino County Board of Supervisors Chambers

501 Low Gap Road

Ukiah, Mendocino County

Final Minutes

A. CALL TO ORDER

B. ROLL CALL

C. AGENDA APPROVAL

Agenda stood as presented.

D. PUBLIC COMMENT

No public comment

The Board convened into Closed Session at 10:35 a.m.

E. CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

a. Ukiah Depot Property – Union Pacific § 54956.8

Negotiation Regarding Sale of Excess Ukiah Depot Property

Agency Negotiators - C.J.Neary, Mitch Stogner, and NCRA’s Agents Doug Guillon and Steve Honeycutt of Guillon Inc.

The Board reconvened into Open Session at 11:15 a.m.

Announcement out of Closed Session

The Board met in Closed Session received information and gave direction on one item of Real Property Negotiations. No action taken.

F. PRESENTATIONS

1. Ukiah Phase 1 Rail Trail Update – Ben Kageyama

Mr. Kageyama updated the Board on the NWP Rail Trail Phase 1 project. He said that he expects the trail to be officially open near the end of April. He said that lights and the completion of the Perkins Street crossing are near completion. He thanked the Board for its continued support.

Director McCowen thanked Mr. Kageyama and the City of Ukiah for all of its efforts relative to completion of the trail. He said that the trail is already being used and it has resulted in a reduction of vagrant activity. He directed staff to research removal of the loose rail form the siding that was removed North of Perkins which is currently stacked on the East side of the trail.

Director Hemphill asked if there was a plan to extend the trail north of Clara Avenue. Mr. Kageyama said that MCOG prepared the Master Plan and he said that Mendocino County will begin its trail at Brush Street and traverse north to Lake Mendocino Drive.

2. Update on Mendocino Courthouse Project – City of Ukiah Assistant City Manager Sage Sangiacomo

City of Ukiah Assistant City Manager Sage Sangiacomo and Project Administrator Shannon Riley presented a PowerPoint to update the Board on the new Mendocino County Courthouse project at the Ukiah Depot property. She summarized the benefits of the project which is located on the main gateway to downtown Ukiah. She also updated the Board on the engineering costs associated with development of the property which are being paid by the City of Ukiah but will require reimbursement by NCRA.

G. CONDUCT OF BUSINESS

1. Discussion and Possible Approval of MOU with City of Ukiah for Engineering Services Related to the Mendocino County Courthouse Project

Executive Director Stogner reported that NCRA staff has been working on a plan with the City of Ukiah to develop the Ukiah Depot Property for construction of the new Mendocino County Courthouse as well as the surrounding NCRA-owned property. He said that as part of this project the City and Guillon Inc. have been developing plans to make improvements to the property which will require reimbursement of City costs associated with the project. He said that the MOU would make the relationship between NCRA and the City of Ukiah official and allow the property to be readied for sale to the JCC and developed as needed.

The Board thanked the City of Ukiah for its assistance in development of the property. Director McCowen said hat the city, county, NWP Co. and NCRA have worked together in a spirit of cooperation to make the project successful and also thanked Guillon Inc. for their expertise.

Upon Motion by Director Stroeh, seconded by Director Peters the Board approved the MOU with the City of Ukiah with the addition of a detailed cost outline of Phase 1 and Phase 2 work. Staff was directed to have the final MOU prepared for approval by Chair Fennell. Motion carries: AYES: 8, NOES:0, ABSTAIN:0, ABSENT: 1 - Strehl

H. CONSENT CALENDAR

1.  Approval of Minutes – Regular Board Meeting - February 2015

2.  Acceptance of NCRA Financial Statements – February 2015

3.  Acceptance of Warrants Issued – February 2015

4.  Acceptance of CalCard Statement – February 2015

5.  Acceptance of Property Management Report – January 2014

Upon Motion by Director Stroeh, seconded by Director Hemphill the Board approved Consent Calendar items H.1 through H.5. Motion carries. AYES: 8, NOES: 0, ABSTAIN: 0, ABSENT: 1 - Strehl

I. STAFF REPORT – Mitch Stogner – Executive Director

1. Union Pacific Deed Transfer

2. Status of Eureka Engine and Railcars

3. Willits Tower Agreement

4. Update on Loleta License Agreement

5. Update on CalTrout Woodman Creek Agreement

6. Update on City of Arcata Phase 1 Rail Trail Agreement

Executive Director Stogner reported that the Settlement and Release Agreement with UP has been finalized which allowed NCRA to remove the approximately $3 million dollar car hire liability from NCRA’s balance sheet.

Director Hemphill said that the Union Pacific car hire has been a serious impediment to NCRA’s grant applications and other financial obligations. He also said that this is a very important line item to have removed from NCRA’s financial statements.

Director McCowen said that it is good that the car hire is off NCRA’s books, but reminded the Board that NCRA assumed responsibility for any additional remediation which may necessary at the Ukiah Depot Project.

Executive Director Stogner said that Mr. Monson has received NCRA’s letter requesting that he remove his equipment from the balloon track and that he is working on removal.

Mr. Stogner said that the Willits Cell Tower agreement, the Loleta License Agreement, The City of Arcata Trail License and the Woodman Creek MOU have been executed.

J. LEGAL COUNSEL REPORT – Jennifer O’Brien

No report

K. MATTERS FROM THE BOARD

Chair Fennell said that she would like an update from Parallel Infrastructure at an upcoming meeting.

L. CLOSED SESSION

The Board convened into Closed session at 11:55 a.m.

1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

Government Code Section 54956.9(a) (two cases)

a. FOER v. NCRA, California State Supreme Court Case # S222472;

b. CATS v. NCRA, California State Supreme Court Case #S222472;

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

a. Ukiah Depot Property – Union Pacific § 54956.8

Negotiation Regarding Sale of Excess Ukiah Depot Property

Agency Negotiators - C.J.Neary, Mitch Stogner, and NCRA’s Agents Doug Guillon and Steve Honeycutt of Guillon Inc.

Directors Kelley and Wagenet leave at 12:50 p.m.

The Board reconvened into Open Session at 1:00 p.m.

M. ANNOUNCEMENT OUT OF CLOSED SESSION

Legal Counsel O’Brien reported that the Board received a report on Property Negotiations and gave direction. No action taken.

N. ANNOUNCEMENT OF NEXT MEETING

April 8, 2015 – 10:30 a.m.

Novato Sanitary District

500 Davidson Street, Novato

Marin County

O. ADJOURNMENT

Chair Fennell adjourned the meeting at 1:05 p.m.

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