RTC accused of violating state open meetings rules in move to cut ties with current rail operator

A transit advocacy organization accused the Santa Cruz County Regional Transportation Commission (RTC) of violating state public meeting transparency laws at its January meeting, when the commission discussed ending its contract with the Santa Cruz Branch Rail Line’s common carrier behind closed doors. 

A nonprofit transit and environmental advocacy group based in San Rafael called Transportation Solutions Defense and Education Fund (TRANSDEF) sent a legal demand letter to the RTC on Tuesday. TRANSDEF alleges that the RTC took more action than its agenda let on when commissioners agreed to terminate its contract with the company that operates the rail line. The letter argues that this violated the rules for public meetings under the Brown Act, and asked the RTC to move a vote that’s currently scheduled for Thursday to a future date. 

The Brown Act is a California law aimed at guaranteeing transparency from elected boards, city councils, legislatures and commissions and gives the public the right to attend and participate in meetings. It requires local agencies to post accurate meeting agendas at least 72 hours in advance, with short descriptions of items to be discussed or acted upon.

At its Jan. 15 meeting, the RTC moved to terminate its agreement with Minnesota-based Progressive Rail, the current common carrier on the Santa Cruz Branch Rail Line, and to become the common carrier and operator on the rail line north of Watsonville. The move was the next step toward building 8 miles of the Coastal Rail Trail on top of the rails, rather than next to them as initially planned, and complete the trail segments from the San Lorenzo River trestle near the Santa Cruz Beach Boardwalk to State Park Drive in Aptos in time to land a $96.6 million grant from the state.

TRANSDEF’s letter claims the RTC misled the public about what matters would be discussed during the Jan. 15 closed session, because it didn’t mention the agency’s intention to terminate the contract. It also says that TRANSDEF suspects that the agenda was kept vague to avoid public pushback from transit advocates who worry that the commissioners are prioritizing the trail over rail in the county.

“No one reading the January 15, 2026 meeting agenda could have ascertained that RTC commissioners would make a major decision concerning the development of rail service in Santa Cruz County in closed session, without any public discussion or deliberation by members of the legislative body,” the letter reads. 

However, RTC Executive Director Sarah Christensen said she doesn’t believe the complaint will significantly delay the commission’s move to assume common carrier status. She said the commission plans to discuss the complaint in a special closed-session meeting, but the agenda for Thursday’s meeting, including a vote on whether to formally move to terminate the contract, will remain the same.

“Sometimes people don’t agree with what we’re doing and try to delay part of the project,” she said. “We’ve had this sort of thing happen before and sometimes it’s just part of the process.”

TRANSDEF director David Schonbrunn told Lookout on Tuesday that his organization hears from transit advocates in Santa Cruz County and pays attention to RTC actions. He said the RTC’s decision to end its common carrier contract without informing the public ahead of time is “discouraging” and “clearly a huge violation of the public trust.”

Schonbrunn pointed out that the agenda says that the “terms” of the agreement were under negotiation, rather than explicitly stating that the commission would be considering termination of the contract.

Christensen reiterated that the RTC still has to vote in open session to finalize the contract termination. That matter has been on the agenda since last week, and she said all the commission did in closed session was agree that Progressive Rail wasn’t cooperating with the agency’s plans, and that the commission would issue a notice of termination.

“We take it one day at a time and we act in a lawful way,” she said. “We have very good legal counsel who makes sure we’re transparent, doing everything by the book, and following all the rules.”

Thursday’s RTC meeting is scheduled to begin at 9 a.m. in Room 020 in the basement of the county government building at 701 Ocean St. in Santa Cruz; it can also be livestreamed here.

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