Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Regional Transportation Plan topic
No spam. Unsubscribe anytime.
Board approves CEQA negative declaration for 2026 regional plan after heated debate over Mendocino Railway
Summary
The Mendocino Council of Governments approved a CEQA negative declaration for the 2026 Regional Transportation and Active Transportation Plan but delayed final adoption to Feb. 2, 2026, after public commenters clashed over whether Mendocino Railway should remain in the rail element.
The Mendocino Council of Governments voted to approve a CEQA negative declaration for the 2026 Mendocino County Regional Transportation and Active Transportation Plan on a unanimous roll call but continued formal adoption to Feb. 2, 2026, following an extended public comment period that focused on whether the plan should include Mendocino Railway.
Why it matters: Public testimony centered on competing claims about the railway's legal status and utility. Supporters said keeping a rail element preserves access to federal and state funding; opponents said the Skunk Train functions only as a tourist attraction and that including it risks misallocating scarce transportation dollars and exposing agencies to legal challenges.
During the public hearing, Robert Penoli, who identified himself as the railway’s president, told the board that the railway "since 2004 ... has been a regulated class 3 common carrier under the STB's jurisdiction" and warned that removing rail would forfeit potential federal funds and relegate all freight and passenger movement to highways. Several online and in‑chamber commenters disputed that characterization. Peter McNamee summarized a letter and research he said shows "rail in Mendocino County is not economically viable" and described the operation as an "amusement" rather than point‑to‑point transportation. Mary Rose Kosovarski cited prior agency and court decisions that she said have rejected the company’s eminent‑domain claims and urged MCOG to exclude the Mendocino Railway from transportation plans to avoid legal risk.
Staff and board action: Hector Ortega, project analyst, introduced the RTIP and explained that adoption would forward the program to Caltrans and the California Transportation Commission before the Dec. 15 deadline. After public comment and receipt of several written submissions entered into the record, a motion to approve the CEQA negative declaration was moved and seconded and passed on a roll call vote with affirmative responses from the listed directors and Caltrans representation. The board then continued formal adoption of the full 2026 plan to the Feb. 2, 2026 meeting to allow further consideration.
Legal context cited in testimony included references to a recent Surface Transportation Board decision and a November petition by California Attorney General Rob Bonta asking the Ninth Circuit to review STB findings about the railway’s class‑3 carrier status; commenters urged the board to consider those ongoing legal questions before finalizing the plan.
What’s next: The board approved the negative declaration today; the draft plan remains a "living document" per staff and will return for formal adoption on Feb. 2, 2026. Staff said adopted documents and written comments will be part of the public record and that agencies seeking to implement projects will still need to pursue funding and required permits.
A copy of the public record and staff packet materials, including the written submissions the board entered, will be posted to the MCOG website for review.
