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Re: Marin Co. Judge denies City of Novato injunction vs NCRA
Author: Mike Pechner
Date: 10-17-2007 - 17:34
Marin's two representatives on the North Coast Railroad Authority are stepping down because the agency meets too far away - and because of its legal clash with Novato.
Marin Supervisor Judy Arnold said she and Novato Councilman Jim Leland are resigning from the posts they have held since summer.
Arnold said she's recommending they be replaced by former Novato mayor Bernie Meyers and businessman Tom McDonald.
The county's policy calls for opening the posts to other applicants and perhaps holding public interviews before appointments are made.
Arnold said Meyers and McDonald don't have the time and legal difficulties she and Leland face.
"That will enable them to fully participate in what's happening and that will be better for us," Arnold said.
Novato has filed suit against the rail agency, trying to block it from making safety improvements to train crossings until the agency completes environmental studies of rail service.
The city says rail would bring no benefits to Novato, but could trigger noise, traffic and safety problems.
But the city lost its first round Monday, when a Marin Superior Court judge rejected its petition to immediately halt NCRA's construction projects that reach north more than 300 miles
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to Eureka.
The city claimed the rail agency violated state environmental rules by chopping its rail improvement plan into components without evaluating the cumulative impact of the project. Further, the suit says, the plan was crafted amid secrecy, violating state open-meeting rules.
Novato City Manager Dan Keen said city officials were "disappointed the judge didn't accept our arguments. We felt this was something that deserved a temporary restraining order."
The city and Ukiah-based North Coast Railroad Authority will be back in court Dec. 11.
Leland and Arnold were eligible to attend the agency's closed-door meetings in which it planned strategy to defend itself from Novato's suit. But both were unable to attend meetings in Willits, Ukiah and Eureka. Instead, they have participated via teleconference call.
Last week, the agency board's president, Alan Hemphill, asked that teleconference participation in closed-door meetings be prohibited.
Hemphill said Tuesday he was sorry Arnold and Leland are resigning. Despite the conflict over Novato, he said both have been cordial and businesslike board members.
Their close connections to Novato City Hall and the lawsuit "was a complicating factor," he added.
Read more Novato stories at the IJ's Novato page.
Contact Brad Breithaupt via e-mail at bbreithaupt@marinij.com; IJ reporter Joe Wolfcale contributed to this report.
Marin Supervisor Judy Arnold said she and Novato Councilman Jim Leland are resigning from the posts they have held since summer.
Arnold said she's recommending they be replaced by former Novato mayor Bernie Meyers and businessman Tom McDonald.
The county's policy calls for opening the posts to other applicants and perhaps holding public interviews before appointments are made.
Arnold said Meyers and McDonald don't have the time and legal difficulties she and Leland face.
"That will enable them to fully participate in what's happening and that will be better for us," Arnold said.
Novato has filed suit against the rail agency, trying to block it from making safety improvements to train crossings until the agency completes environmental studies of rail service.
The city says rail would bring no benefits to Novato, but could trigger noise, traffic and safety problems.
But the city lost its first round Monday, when a Marin Superior Court judge rejected its petition to immediately halt NCRA's construction projects that reach north more than 300 miles
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to Eureka.
The city claimed the rail agency violated state environmental rules by chopping its rail improvement plan into components without evaluating the cumulative impact of the project. Further, the suit says, the plan was crafted amid secrecy, violating state open-meeting rules.
Novato City Manager Dan Keen said city officials were "disappointed the judge didn't accept our arguments. We felt this was something that deserved a temporary restraining order."
The city and Ukiah-based North Coast Railroad Authority will be back in court Dec. 11.
Leland and Arnold were eligible to attend the agency's closed-door meetings in which it planned strategy to defend itself from Novato's suit. But both were unable to attend meetings in Willits, Ukiah and Eureka. Instead, they have participated via teleconference call.
Last week, the agency board's president, Alan Hemphill, asked that teleconference participation in closed-door meetings be prohibited.
Hemphill said Tuesday he was sorry Arnold and Leland are resigning. Despite the conflict over Novato, he said both have been cordial and businesslike board members.
Their close connections to Novato City Hall and the lawsuit "was a complicating factor," he added.
Read more Novato stories at the IJ's Novato page.
Contact Brad Breithaupt via e-mail at bbreithaupt@marinij.com; IJ reporter Joe Wolfcale contributed to this report.
| Subject | Written By | Date/Time (PST) |
|---|---|---|
 Arnold, Leland resign from rail authority board(NCRA)
|
lawrence labranche | 10-16-2007 - 22:27 |
|
Re: Marin Co. Judge denies City of Novato injunction vs NCRA |
Mike Pechner | 10-17-2007 - 17:34 |
|
Re: Marin Co. Judge denies City of Novato injunction vs NCRA
|
Mel Hampton | 10-18-2007 - 22:16 |