Posted here is the full doc: http://balloontrackwatch.org/novato_v_ncra_et_al.pdf PETITION FOR WRIT OF MANDAMUS AND COMPLAINT FOR DECLARATORY RELIEF [CEQA] The City of Novato brings this mandamus action in the public interest on behalf of the residents of the City and on the behalf of all persons affected by the actions complained of herein. The City challenges the North Coast Railroad Authority's (NCRA) approval of construction and public works projects and other agreements the purpose of which was and is to upgrade and restore to operability the railroad under NCRA's jurisdiction. NCRA's approval of these agreements and projects violated key mandates of the California Environmental Quality Act (CEQA) and NCRA's own Administration and Contracting Policy Manual . Several of these agreements and projeccts are in the process of being performed. The NCRA contemplates entering additional agreements to accomplish this upgrading work. The writ and injunctive relief sought herein seeks to halt performance of these agreements, halt the upgrade work approved by the NCRA, prevent the payment of funds to NCRA from other public agencies and prevent the approval of any other related projects or agreements until NCRA has complied with CEQA.
Novato sues railroad over freight service Brad Breithaupt Article Launched: 09/29/2007 12:06:54 AM PDT Novato officials sued the North Coast Railroad Authority on Friday, seeking to derail plans for freight service through town. The lawsuit filed in Marin Superior Court says the railroad authority failed to comply with environmental rules and bypassed state open-meeting laws. It seeks to halt plans to launch a new freight service until a comprehensive environmental review is completed. Novato and NCRA have been at odds since the rail agency disclosed that its plan to bring freight back to the old Northwestern Pacific Railroad tracks could involve as many as 32 trains pulling up to 60 cars each, traveling up to 40 mph through Novato every week. Novato City Manager Dan Keen said the city is asking the court to invalidate NCRA's contracts with companies involved in upgrading tracks to accommodate the trains. "I think we have serious concerns about the whole resumption of freight," Keen said. He said NCRA's plans have been "understated" and fail to give adequate attention to safety, traffic, noise and other problems a busy freight train line could bring to Novato. Keen added the city sees no benefit that NCRA's freight plan offers to Novato. The Ukiah-based NCRA has proposed starting service from Willits, initially hauling garbage down through Sonoma County and Novato to Highway 37, where the trains would turn east and head for Napa County. It has talked about starting service next year. NCRA executive director Mitch Stogner said Novato's lawsuit comes as no surprise. He said he couldn't comment on specifics in the complaint because he had not yet seen the lawsuit. But, Stogner added, Novato's lawyers have spent hours in NCRA's Ukiah offices, poring over "no fewer than 10 file drawers" of documents. He said the cost in taxpayer dollars to have "high-priced lawyers" traveling to Ukiah and spending time combing through NCRA paperwork is "outrageous." The lawsuit says that NCRA violated state environmental rules by chopping its rail improvement plan into small components without evaluating its cumulative impact in a comprehensive way. Further, the suit says, the plan was crafted amid secrecy, violating state open meeting rules. NCRA "has made a mockery of the Ralph M. Brown Act," the lawsuit asserted, referring to the state's open meeting law. Last month, NCRA questioned whether its two Marin members, Marin Supervisor Judy Arnold and Novato Councilman Jim Leland, were legally appointed to its board. Both Arnold and Leland have been critics of NCRA's plans to resume freight service through Novato.
With the crowed undersized roads in those area's lets keep freight off the rails and on the roads. That way we can cost the tax payers more money for road repair, safety improvements due to roads not made for the trucks and keep the congestion and noise at a high level 24/7. I hate to say it but the NIMBY's have proliferated to an all time high there. Greg
Bunch of lotus-eating granola-headed twits, the lot of 'em........they have no idea how the Real World operates anymore.
Exactly. Same old, same old. Those who complain of vehicle traffic, are the same who work against it's potential alternative. (Not to mention any lost jobs, needed to prop up the tax base.) Hypocrites... Boxcab E50
I for one would like to get the NIMBY's and the "Gotta Grow At Any Cost" crowd to fighting. Have no compunction about selling deadly weapons to both groups.
Novato takes fight over freight trains to rail panel Brad Breithaupt Article Launched: 10/10/2007 11:33:55 PM PDT Novato on Wednesday protested the North Coast Rail Authority's plan to approve a contract for safety improvements at local railroad crossings needed to revive freight service. The city has already slapped the regional rail agency with a lawsuit aimed at stopping its plan to roll freight through Novato. It has asked the Marin Superior Court to halt $5.8 million in first-phase work being done at 28 sites, including some in Novato. Novato Mayor Jeanne MacLeamy, attending the authority's meeting via teleconference from a Marin Civic Center meeting room, read two letters from Novato's city attorney, Jeff Walter, objecting to the agency approving a contract for the second phase of safety work. The nine-member rail board on Wednesday held off voting on the second phase - 26 sites - because both bids exceeded cost projections, said Mitch Stogner, the agency's executive director. Novato's letters did not go unchallenged. David Schonbrunn of San Rafael, head of Transportation Solutions Defense and Education, blasted the city's lawsuit. "I think they are being entirely hypocritical and deceitful, in fact," he said. Schonbrunn later emphasized that train service was important in Novato's early growth. Stogner said later that the city's lawsuit could stop emergency work now under way to repair a stretch of damaged tracks in Humboldt County and to rebuild levees near Schelville in Sonoma County that were damaged in storms during 2005 and 2006. The rail agency and Novato have locked horns over the Ukiah-based agency's plans to revive freight service, starting with a stretch where trains would roll from Windsor to Novato and then turn east, cutting through Sonoma en route to Lombard in Napa County. The agency plan could mean up to 32 trains, each pulling as many as 60 cars, traveling through Novato every week at speeds of up to 40 mph. The city lawsuit charges that the agency has failed to comply with state law and publicly review noise, traffic, safety and other possible environmental impacts. The last time freight rolled on the tracks was 2001. The rail board, meeting at Eureka City Hall, huddled behind closed doors Wednesday to talk about Novato's lawsuit.
I don't suppose the NCRA is in the position to prohibit all vehicle traffic from crossing their main line in the city of Navato? It would be nice to see this get settled out of court.
Novato City Manager explains city's suit against freight train operator Thursday, October 11, 2007 5:54 PM PDT Daniel E. Keen City Manager, City of Novato Within the past two weeks, the city of Novato sued the North Coast Railroad Authority (NCRA). Not surprisingly, this lawsuit has generated some controversy, particularly among those who believe that rail is a superior alternative to trucks. Why did the City of Novato sue the NCRA? For well over a year now, the NCRA has been moving towards the resumption of freight service along a rail line traversing the North Coast. Since 1998 these tracks have been shut down because of their dangerous condition, and only minor freight traffic has occurred. For decades, freight traffic on these tracks was unreliable and unprofitable. Since then, most cities have experienced significant growth, with many new homes, offices and businesses located close to the tracks. The resumption of rail traffic is likely to create environmental impacts not previously experienced in the community. Homes near the tracks may hear train horns and feel vibrations at all hours, and streets may be blocked by trains, disrupting emergency response and causing greater traffic congestion. NCRA’s proposed operator has stated it will not make improvements to reduce horn noise levels as trains pass through residential areas, and will not purchase engines that emit the lowest pollutant levels. The city’s primary dispute with NCRA concerns these potential environmental impacts. NCRA has already begun a “repair” program to upgrade the railroad tracks. This work will permit faster train speeds, and more trains, along the tracks. As many as 16 trains per day could be accommodated, some as much as 60 cars long. NCRA believes that because this work is “repair” work, it is exempt from environmental review, and thus has not conducted analysis prior to starting these projects. The city of Novato disagrees. We believe this work is part of a much larger project to eventually bring very large volumes of freight traffic down the line. The city is asking the court to stop any further work until NCRA conducts a full environmental analysis of its entire plans from Humboldt County to Napa. The environmental review process represents perhaps the only opportunity the city of Novato and its residents will have to comment on and possibly mitigate the impacts of NCRA’s plans. Once approved, the NCRA will be regulated by the Federal Railroad Administration. Numerous communities have found that railroads can create severe impacts, and that convincing railroads to be responsive to concerns is very difficult. A full environmental review would ensure that such impacts are minimized, and would provide some recourse if NCRA failed to comply with mitigation requirements in the future. This lawsuit is not about the SMART project, and does not include SMART. While we recognize that SMART could create similar environmental impacts, unlike the NCRA, SMART has agreed to prepare a Supplemental EIR to review these impacts. NCRA has created a lot of excitement along the North Coast, suggesting that this project will create new jobs with a new rock quarry in Trinity County and the development of a container terminal in Humboldt County. When asking for its $60 million allocation, NCRA has represented to state agencies that it has complied with all environmental laws. In contrast, we believe there are numerous situations where NCRA has violated laws concerning environmental review, public meetings and public contract issuance. NCRA argues that they are simply making “repairs,” yet the public record of NCRA’s statements reflects a far different picture. The city of Novato simply is asking the court to require NCRA to live by the same rules that all public agencies must follow, and to be honest.
If this thought is true, then it likely falls under federal jurisdiction. Which would override the city in any case. Hmmm... FRA? Or perhaps they really meant STB... Anyhow, seems to me as though the NCRA is already approved. Quite likely, Novato would not even exist, but for a railroad. However, since our educational system does such an embarrassing job when it comes to history... Perhaps the city should be more responsive to the needs of railroads! Good grief people. Life causes impact. These days, incessant whining by NIMBYs has become ridiculous. And far too destructive. Boxcab E50
A note from elsewhere: Good! The RR may turn out to be a waste of money sometime but these NIMBY's need to give it a rest.
the saga continues... Two Board members stepping down 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 Advertisement 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.
If you want to see how to REALLY beat a dead horse to death over & over & ad nausseum, go look at Altamontpress. Just about every other post is about NWP& NCRA.
Novato being sued now The battle of the NWP can be a tiresome topic to some but to others who want to follow, I will continue to post what I find. Novato is being sued over the railroad by TRANSDEF Wednesday October 17th 2007, 07:57 Filed under: NCRA, Railroad Now the long-derelict line is the subject of two lawsuits, one by the city against the North Coast Railroad Authority, the other against the city by the Transportation Solutions Defense and Education Fund, a Bay Area advocacy group that supports railroad transportation solutions. But the city itself is in the legal crosshairs of another agency. TRANSDEF president David Schonbrunn, a vocal Sonoma Marin Area Rail Transit District project advocate, who has also spoken publicly in defense of the NCRA, claims the city violated the Brown Act, a law which provides direction to public entities regarding actions that can be taken during closed sessions, among other things. “What the city has been doing, claiming the NCRA has made a mockery of the Brown Act is hypocrisy of the worst kind,” said Schonbrunn. “They essentially pushed SMART to initiate an environmental impact report process.” Schonbrunn said a closed-session item to send a letter requesting a supplemental EIR was an action the council wasn’t legally allowed to take without public notice and input. “The Brown Act is to be construed quite narrowly,” said Schonbrunn. “The exemption under which the council met was an exemption (for exploring) the possibility of initiating litigation.” Schonbrunn said that taking actions to explore how to pursue litigation, or begin pursuing it, was illegal. He said that the council’s action to send the letter to SMART demanding a supplemental EIR, which in part addressed concerns over SMART’s EIR due to revised freight estimates made in 2007 after the NCRA signed a contract with an operating company, was a pretense for attacking the NCRA. According to Schonbrunn, it was therefore not permitted as a closed session action under the Brown Act. “(The EIR process) had nothing to do with SMART, it was a technique for getting at the NCRA,” he said. “The city attorney basically admitted as much in his letter … he said (the council) is entitled to take actions in closed sessions to further our litigation. Walter, responding to the accusations, said Schonbrunn’s interpretation of the Brown Act was mistaken, and implied that TRANSDEF was connected with the NCRA. “I have a serious disagreement with Mr. Neary, Mr. Schonbrunn’s attorney, who is also chief council for the NCRA,” he said. “(The) process of considering litigation allows sending letters … to another agency making specific demands so that there’s no claim later on the city didn’t advise the other party of claims the city might be making.” Walter indicated he felt the lawsuit might partly be in retaliation to the city’s lawsuit against the NCRA. “I don’t think the filing is a coincidence,” he said. Chris Coursey of SMART stated that there was no connection between the district and TRANSDEF. “We’re definitely not affiliated with TRANSDEF and not party to any suits they are bringing against Novato,” he said. But while Walter noted that NCRA attorney Chris Neary was working on the TRANSDEF lawsuit, Schonbrunn said that a significant contributor to the city’s lawsuit against the NCRA was Mike Arnold, a vocal SMART opponent. “I’ve uncovered dozens and dozens of correspondences between (city staff) and Mike Arnold,” said Schonbrunn. The fun begins. Another reason why Novato’s lawsuit is not a “big blow” to us railroad supporters. The article is also about Novato’s lawsuit against the railroad and the Judge’s decision. Here is SR Democrat’s article on the judge’s decision. Novato Advance article by Paul Jones on 10/17.
People are such fools today. They don't do their due diligence before buying. Instead, assuming that unused tracks are abandoned. The problem here is those rails may instead be out-of-service. Subject to reactivation at any time. Or merely disused. :thumbs_down: Any time, is train time... Boxcab E50
More join the fray... Marin Independent Journal (San Rafael CA): http://www.marinij.com/marin/ci_7576318 Marin to join lawsuit over freight rail plans By: Brad Breithaupt <mailto:bbreithaupt@marinij.com> Article Launched: 11/27/2007 10:47:10 PM PST Marin County is jumping aboard Novato's lawsuit aimed at slowing the return of freight trains through the north end of the county. After a 4-0 vote in a closed-door session with county lawyers Tuesday, Marin supervisors publicly announced the county will file an amicus brief, declaring its support for Novato's lawsuit against the North Coast Railroad Authority and its plans to revive rail from Humboldt County to Novato, where trains would head east to Lombard in Napa County. Marin Supervisor Steve Kinsey said the county's action is not a stand against the return of freight trains. But the county supports Novato's argument that the rail authority should halt work repairing and upgrading its tracks until it completes an environmental review of its 316-mile rail plan. That review could lead to a limit on the number of trains and hours of operation as well as requirements that so-called "quiet zones" be installed at crossings, Kinsey said. "Quiet zones" involve extensive safety measures that permit trains to roll through crossings without sounding their warning horn. Marin County Counsel Patrick Faulkner said the county has legal standing in the case as one of the Novato crossings, near the StoneTree Golf Club, is in the unincorporated area east of downtown. Residents of the Green Point and StoneTree areas could be affected by the revival of freight service, he said. NCRA has said restoration of freight service could result in as many as 32 trains pulling as many as 60 cars each through Novato every week. Novato, in its case, argued that freight trains would bring traffic problems, safety hazards and noise to town. Novato's lawsuit is scheduled to be heard by Marin County Judge James Ritchie on Dec. 11. The judge in October ruled that NCRA could continue its construction, pending the court hearing. NCRA's lawyer, Chris Neary of Willits, said he has not yet seen the county brief. He stressed that the rail agency is in the middle of preparing a $2.4 million environmental impact report on its plans. That report, which will include an analysis of possible "quiet zones" and freight traffic, should be released for public review in May, Neary said. The Marin board on Tuesday was urged to join Novato's suit by several local and North Coast environmental groups, among them the Marin Conservation League, the Garberville- based Friends of the Eel River and the Marin- based Watershed Preservation Network. Those environmental groups and others also announced they plan to file an amicus brief in support of Novato's lawsuit. A woman with the single name of Nadananda, executive director of Friends of the Eel River, said her group is worried that restoration of freight service would lead to further mining along a Trinity County stretch of the North Coast river. She told the county board that freight service would start "the domino effect" of environmental damage to the river. Supervisor Judy Arnold, a former NCRA board member, supported the county's move. "This will help Novato get 'quiet zones,'" she said. Kinsey said the county action calls for full disclosure and public study of NCRA's plans. The rail agency, he said, has moved forward with upgrades without first fully analyzing the cumulative effects of freight. Instead, it has evaluated it in segments, he said. "We want to stand for a full CEQA process," Kinsey said, referring to the California Environmental Quality Act, which requires environmental review of projects. Arnold said the NCRA's environmental process is important to winning local voter support of the Sonoma-Marin Area Rail Transit District's plans to launch a commuter train along the same rail line. "The SMART people want to see CEQA adhered to because it gives them a black eye," she said. Novato City Manager Dan Keen welcomed the county to Novato's lawsuit. "That's great news. I think it does help," he said. The county's support is a sign that potential problems involving the revival of freight extend beyond Novato city limits, Keen said. "I still do not see how the city of Novato benefits from freight," he said. Neary said Novato filed its lawsuit too late to challenge the agency's construction projects. "Many of Novato's arguments on CEQA are being made too late. When it comes to 'quiet zones,' it's too early," he said.
Sheer genius. Not. If ever railroading resumes, these same whiners will be complaining if the operation does not pay it's way. This sort of foolishness precludes making ends meet. They aren't paying attention here, either. There have been increasing numbers of incidents in so-called "quiet" zones. A ship of clowns sails merrily onward... :tb-wacky: Boxcab E50
Did I read correctly that they're talking about opening the North Coast line all the way up to EUREKA!?!?! I grew up 18 miles south of Eureka, and those tracks are in a HORRIBLE state of disrepair and will cost hundreds of millions to open up, and the profit won't be enough to reap that back. I don't think there's enough industry in Eureka anymore to benefit from a rail connection to the south. Just my thoughts!
