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NCRA cries uncle over depot
From the Press Democrat:
Bowing to critics, the North Coast Railroad Authority board on Thursday rescinded its December vote to sell the historic Ukiah depot or use it to secure a loan.
The December vote was challenged by several environmental and government groups who said the rail authority failed to adequately give notice prior to the vote at a meeting in Petaluma…
The rail authority wants to sell the depot or use it to secure a loan to help pay for the costs of a lawsuit filed to halt its work to repair the rail line in Novato, Stogner said.
The lawsuit and settlement cost the rail authority $1.7 million, Stogner said.
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The Humboldt Herald 
OK, so why wouldn’t NCRA give proper notice this time, hear the orgs complain and then make the same decision anyway?
Also from the Press Democrat article:
“The board should know by then whether it has the authority to sell property, one of several potential challenges to a sale or mortgaging of the depot.”
“Caltrans officials are investigating the issue, Stogner said.”
“Also at issue is transportation funding slated for rehabilitation of the depot. Mendocino Council of Governments Executive Director Phil Dow said the $351,000 it expects to get for the project would be jeopardized by the rail authority declaring the property surplus, a precursor to a sale, or using it as loan collateral.”
—— end excerpt ——
Also heard that the Humboldt Bay Harbor District’s outstanding loan to the NCRA for $200,000 is secured by liens on leases, which may include the depot property. Do I smell a pyramid scheme – just how many of NCRA’s loans are secured by the same lease payments?
“OK, so why wouldn’t NCRA give proper notice this time, hear the orgs complain and then make the same decision anyway?”
Because the affected agencies now had a chance to comment, since it was noticed properly. They came and told the NCRA what it is doing is in bad faith, due to prior agreements, and most likely illegal. While they backed down on one part, collateralizing the depot property, their actions to continue to receive loans from the private operator (NWP) is likely illegal and you can expect continuing problems.
I repeat, why wouldn’t NCRA vote the same way after hearing the complainers complain? The whole illegal thing is the complainer’s opinion, to be taken with an iceberg of salt.
You can say that, but the attorney for the City of Ukiah was at the meeting as well as representatives from CalTrans, both of which said what the NCRA was proposing was illegal. These are not just “complainers” but agencies that have prior agreements and even oversight jurisdiction over NCRA. With this new input and information from, a properly noticed meeting, the board made a different decision.
And yes, this is an iceberg, not one of salt, but one we have only seen the tip of.
California Goverment Code Section 65402(c):
A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable
thereto, until the location, purpose and extent of such acquisition,
disposition, or such public building or structure have been submitted
to and reported upon by the planning agency having jurisdiction, as
to conformity with said adopted general plan or part thereof.
Was this an action by the board or the staff?
Just wondering if Clif helped to make this decision
Clif abstained due to not having enough information yet.
Hopefully Cliff gets up to speed for the next NCRA meeting.