Loading...
HomeMy WebLinkAbout2006-10-10; City Council; 18757; Establish Railroad Crossing Quiet Zones ReportCITY OF CARLSBAD - AGENDA BILL AB# 18,757 MTG. 10/10/06 DEPT. ENG RECEIVE REPORT AND PROVIDE DIRECTION REGARDING THE PURSUIT OF ESTABLISHING RAM ROAD PRO^^INf; OIIIFT 7HNF^ DEPT. HEAD £+}>%? CITY ATTY. ^?2' CITY MGR. (>/— -~~ RECOMMENDED ACTION: Receive report and determine if the process to establish railroad crossing Quiet Zones should be initiated. ITEM EXPLANATION: The Federal Railroad Administration (FRA) published the Final Rule on the Use of Locomotive Horns at Highway Rail Grade Crossings on April 27, 2005 in response to a legislative mandate. The Final Rule became effective on June 24, 2005 and it requires that locomotive horns be sounded at all public at-grade crossings (49 CFR Part 222) as a warning to highway users. The locomotive horn must be sounded 15-20 seconds before entering the at-grade crossing, but no more than one- quarter of a mile in advance of the at-grade crossing. In Carlsbad, the four at-grade railroad crossings are located at Cannon Road, Tamarack Avenue, Carlsbad Village Drive, and Grand Avenue. The pattern for blowing the horn remains two long, one short, and one long sounding that is to be repeated as necessary until the locomotive clears the crossings. Authority remains for the locomotive engineer to vary this pattern as necessary for crossings that are in close proximity or in emergency situations. An important aspect of the Final Rule is that it pre-empts any state or local laws regarding the use of a train horn at public crossings. For several years, the City Council and staff have received citizen concerns regarding the blowing of locomotive horns and a desire to minimize or silence the horn blowing. The Final Rule provides the opportunity to mitigate the effects of the train horn noise and stipulates that only public authorities (PA) have the option to establish quiet zones, provided that certain supplemental or alternative safety measures are in place at the railroad crossing and that the crossing accident rate meets FRA standards. In Carlsbad, the pursuit of a Quiet Zone could be considered in the category of Full and Potential New Quiet Zones. A Full Quiet Zone are zones where the horn is silenced 24 hours per day. Partial Quiet Zones silence the horn only a portion of the day, typically between the hours of 10:00 p.m. and 7:00 a.m. Cities or counties are the only public authorities that can seek to establish Quiet Zones. The railroad agency cannot. North County Transit District (NCTD) is the owner of and maintenance agency for the railroad facility and right-of-way through Carlsbad and for the entire railroad facility from the Orange/San Diego County boundary to the Del Mar/San Diego City boundary. The Board of Directors for NCTD have indicated a willingness to cooperate with cities to pursue and establish Quiet Zones under the new federal regulation. FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Council accepted the Report and directed staff to initiate the process. Page 2 The basic concepts underlying a cooperative relationship that would be followed between Carlsbad and NCTD if the City Council decides to pursue the establishment of a Quiet Zone at one or more locations are summarized as follows: 1. Carlsbad is the public authority seeking to establish the Quiet Zone and will act as the lead agency. 2. The development and application process to establish one or more Quiet Zones in Carlsbad must be cost-neutral to NCTD. 3. If the City Council determines that design of a Quiet Zone will proceed, Carlsbad must enter into a contract with NCTD for the design of all railroad improvements necessary and Carlsbad would be required to reimburse NCTD for these costs. NCTD is imposing this requirement in order to preserve their control of the consistency of design changes necessary to the railroad safety equipment at the at-grade crossing. 4. Should Carlsbad decide to pursue the construction of improvements to establish a Quiet Zone, a contract with NCTD would be necessary utilizing a Combined License, Cost and Maintenance Agreement for such construction. Carlsbad would reimburse NCTD for all construction-related costs for the railroad improvements to preserve NCTD control of changes to the railroad and for safety and coordination reasons. 5. After implementation of the Quiet Zone, any net increase in NCTD annual maintenance costs at a crossing resulting from the Quiet Zone implementation would be reimbursed to NCTD by Carlsbad as part of a contract agreement. 6. NCTD will obtain insurance coverage for the Quiet Zone liability and name Carlsbad as additional insured on NCTD's insurance policy. Carlsbad will be responsible to reimburse NCTD for the incremental increase in insurance costs for such coverage, proportional to the total number of Quiet Zone grade crossings in each jurisdiction having a Quiet Zone. In addition to the administrative actions, the Quiet Zone is established by installing supplemental safety measures (SSM's) at the railroad crossing. A partial list of SSM's that might be required include quad gates, automatic gate arms specifically for pedestrians, upgrades to existing crossing arms by the addition of additional lights and electronic bells, railroad signalizing equipment, pre-emption features at nearby traffic signals, traffic signal detection system for railroad gate operations, signs and striping, and other infrastructure needs such as roadway and sidewalk improvements, channelization to ensure that pedestrians do not circumvent the gate arms, bollards, and fencing along the railroad track. The attached Exhibit 2 contains Exhibit "A", a 19-step outline prepared by NCTD staff as a summary of the process the public authority (PA) would follow to establish a Quiet Zone. The detailed requirements are contained in the federal regulations. Although Carlsbad would be responsible to establish the Quiet Zone, there would be significant coordination with NCTD. Through a Memorandum of Understanding (MOU), NCTD will design, construct, and maintain the railroad improvements associated with the Quiet Zone. All costs associated with these activities will be reimbursed to NCTD by Carlsbad prior to expenditures occurring. Pages ENVIRONMENTAL REVIEW: This informal action before the City Council has been determined to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15262, Feasibility and Planning Studies, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. FISCAL IMPACT: An informal, preliminary meeting was recently held with representatives from NCTD and the California Public Utilities Commission to determine a rough order of magnitude cost to implement the four Quiet Zones in Carlsbad. The rough estimate developed by NCTD staff for the railroad signal warning devices costs are in the range of $2.2 million with an expected additional cost of $250,000 for NCTD support design consultants, construction support, and contract signal maintainers. Roadway improvements and other infrastructure needs could add an additional $250,000 or more. Thus, the preliminary cost estimate to implement a Quiet Zone in Carlsbad at the four at-grade railroad locations is $2.7 million, with the expected range to be between $2,000,000 and $2,700,000. At this time, there are no federal or state funds known to be available to implement a Quiet Zone. Establishing an assessment district can be explored to assess the costs of implementing the Quiet Zone to those residents that receive the benefit. EXHIBITS: 1. Location Map. 2. Exhibit "A" - NCTD Outline of Processing Steps to Establish a Quiet Zone. DEPARTMENT CONTACT: Robert T. Johnson, Jr., (760) 602-2752, biohn@ci.carlsbad.ca.us Location Map ~ QUIET ZONES POTENTIAL QUIET ZONES EXHIBIT 1 Exhibit "A" Phase 1: Application Process, Diagnostic Evaluation, and Risk Assessment 1. The PA shall comply with the requirements set forth in the federal regulation for the creation of a Quiet Zone, 49 CFR Part 222. 2. The PA shall submit all documentation to NCTD that is submitted to the Federal Railroad Administration (FRA) and California Public Utilities Commission (CPUC). 3. It is the responsibility of the PA to adhere to this policy's requirements and those set forth in the federal regulation for the establishment of a Quiet Zone. 4. The PA shall submit to NCTD a Notice of Intent (NOI) to create a Quiet Zone. 5. The PA shall invite all railroad operators affected by the proposed Quiet Zone, as well as the Federal Railroad Administration (FRA) and the California Public Utilities Commission (CPUC), to a Field Diagnostic Review Meeting. All requirements stemming from the Field Diagnostic Review Meeting shall be implemented in the establishment of the Quiet Zone. Said invited parties will include NCTD, Amtrak, and BNSF, and will also include Metrolink for the City of Oceanside, and MTS for the City of San Diego. The Field Diagnostic Review Meeting shall also address pedestrian- and bicycle-related issues. 6. The PA shall enter into a Memorandum of Understanding (MOU) with NCTD for all work described in this Phase I, after the Field Diagnostic Review Meeting. 7. For each crossing that is located within the proposed Quiet Zone, the PA shall conduct a traffic and queuing study, as well as a separate pedestrian study that includes in its evaluation the impacts pedestrians may have on railroad operations. All such studies and reports shall be promptly provided to NCTD and the CPUC for review. 8. The PA shall update the National Grade Crossing Inventory data with the FRA and CPUC. In doing so, the PA shall use data gathered from each operator and NCTD, together with the data from the traffic study. The PA shall apply this updated information to the FRA Risk Calculator for the proposed Quiet Zone. 9. The PA shall provide NCTD, all rail operators, and the CPUC with preliminary drawings of each crossing within the proposed Quiet Zone. Such preliminary drawings will show all improvements as delineated from the Field Diagnostic Review Meeting, as well as all subsequent requirements submitted to the PA. A California Professional Engineer registered in the field of civil engineering shall prepare such preliminary drawings. 10. Based upon the preliminary drawings, NCTD shall provide the PA with an order of magnitude cost estimate for the design, construction, and maintenance for the required railroad improvements and related items necessary for the establishment of the Quiet Zone. Phase II: Design, Construction, and Maintenance Agreement to Implement Quiet Zone 11. The PA shall execute a Design, Construction, and Maintenance agreement with NCTD for all railroad related work as described above. Such Design, Construction, and Maintenance Agreement shall be a NCTD standard agreement. 12. NCTD shall perform the railroad related designs including but not limited to, new and upgraded warning devices, gates, power out indicators, wayside horns, Quiet Zone confirmation signals, exit management systems, grade crossing panels, signal system modification, addition and alternations of signal housing, pedestrian control devices, third-party utility connections, relocations, or modifications, in- pavement loop detectors, and other necessary signal requirements. 13. The PA shall submit any required applications to the CPUC for the approval of any changes to any crossing within the Quiet Zone. 14. NCTD shall submit a revised cost estimate to the PA after the completion of the design and prior to NCTD's development of an Invitation for Bid (IFB). The PA shall provide in writing their acceptance of the revised estimate prior to NCTD's preparation of the IFB. 15. The construction schedule for railroad related improvements shall be established by NCTD for minimal disruption to ongoing railroad operations. This may require significant off-hours and "night work." The PA shall coordinate the construction of non-railroad related improvements with NCTD. 16. Prior to NCTD issuance of an Invitation for Bid (IFB), the PA shall submit a Letter of Acceptance to NCTD for the final construction and maintenance costs, schedule, and requirements to NCTD. 17. NCTD shall procure and construct the required railroad-related improvements at PA's cost and will notify the PA when all work has been completed and accepted by NCTD. 18. The PA shall notify NCTD in writing that all requirements for the establishment of the Quiet Zone have been met. 19. After completion of the construction and the establishment of the Quiet Zone, the PA shall conduct a periodic review. These reviews will be conducted in the field and will consider any changes, together with any future improvements or developments that may have or will affect the qualification of the Quiet Zone. (a Should additional improvements be required in order to maintain the Quiet Zone, the PA shall reimburse NCTD for any additional costs associated with said improvements. The PA shall also agree to make any necessary non-railroad related improvements at no cost to NCTD. From: Bob Johnson To: Lisa Hildabrand Date: 10/10/2006 2:14:28 PM Subject: Quiet Zone Question by Mayor Pro Tern Hall All Receive -Agenda Item # H" For Information of THE CITY COUNCIL CM ^ CA prom CM _ Ass, CM .1 In his briefing ioday, Mr. Hall asked about the status of the Quiet Zone progress in San Diego. The Quiet Zone was initiated by CCDC. They have executed the MOD with NCTD and have paid the $250,000 deposit for design. The field review is tomorrow and NCTD expects 30% design plans to be completed by the end of December. p GECSLEQWIE OCT 1 0 2005 CITY OF CARLSBAD CITY CLERK'S OFFICE ~"\ zJ Message Page 1 of 1 *> A ITEM # ^T Mayor Marilyn Strong - Quiet zone City Council s«»*a**®f!«^^^^ City Attorney From: "Janet Ohara" <johara@sdi-signs.com> City Clerk To: <Mstro@ci.carlsbad.ca.us> m Date: 10/10/200612:15 PM Subject: Quiet zone We have been made aware that the city council will be meeting this evening to initiate the process of adopting a Quiet Zone for the Grand Ave. intersection. We will not be able to attend this meeting but would like to voice our opinion on the subject. As residents of the Village by the Sea condos we are well aware of the horn blowing all times of the day. We feel that since this intersection already has crossing gates and signals there is no reason for this horn blowing. While some conductors seen to appreciate the fact that people are sleeping - there are some that seem to feel that since they are up - we all should be awake. They not only blow their horns as they approach the intersection but continue all the way through and beyond. We would greatly appreciate it if you would consider silencing these trains and make our city more peaceful. Janet & Dan O'Hara file://C:\Documents and Settings\Mstro\Local Settings\Temp\GW}00001 .HTM 10/10/2006 Page 1 of 1, i AGENDA ITEM*. « MayorMarilyn Strong - Village by the Sea a»feaMa»«»te>*ar»M^^ ^s-^^fc^p^mj&r?*^" *tfbiU3uaMfK«^i&9>«KMdCftyManager City AttorneyFrom: "Bart Dickins" <Bart.Dickins@thdins.com> City Clerk To: <Mstro@ci.carlsbad.ca.us> _ Date: 10/09/2006 2:03 PM ' '_ Subject: Village by the Sea " To Whom It May Concern: It is our understanding that the Carlsbad City Council will be meeting tomorrow (October 10) to discuss the adoption of a "Quiet Zone" on the Grand Ave. intersection along with the other railroad intersections in Carlsbad. As a homeowner of a townhouse in the Village by the Sea community, we are in favor of the adoption of a "Quiet Zone" at the various railroad crossings in Carlsbad. The noise that the trains make when blowing their whistles incessantly each time they cross our nearby intersection is very disruptive. This obviously occurs at all hours of the day and night. The adoption of a "Quiet Zone" will promote a more residential community for all of the homeowners, as well as create a more settling environment for people to work and live in. We urge the City Council to adopt the "Quiet Zone" concept in Carlsbad. The elimination of trains blowing their whistle in our area would be a tremendous improvement to the quality of life, and enhance the City's ability to further develop the Village area. Thank you for taking our comments under consideration. Regards, Bart & Cheryl Dickins Barton J. Dickins, CLU Trapani Hartwick & Dickins Insurance and Financial Services, Inc. Member of Strategic Benefits Group, LLP 888 W. 6th Street, 3rd Floor Los Angeles, CA 90017 Tel.: 213-622-1177 Fax: 213-624-3070 Direct Dial: 213-243-7086 file://C:\Documents and Settings\Mstro\Local Settings\Temp\GW}00001 .HTM 10/10/2006 Final Rule on the Use of Locomotive Horns at Highway Rail CrossingsOctober 10, 2006 Issues‹Complaints of locomotive horns blowing excessively‹Horn blowing late at night‹Citizen desire to quiet the horns Facts‹Federal Railroad Administration (FRA) published the Final Rule on April 27, 2005‹Requires locomotive horns to be sounded at public at-grade crossing‹15-20 seconds before entering crossing‹No more than one-quarter mile in advance of crossings Facts‹Final Rule supercedes state and local rules‹Provides provision to establish a Quiet Zone‹Train engineer can still blow horn when warranted Facts‹Only public authorities (PA) – local agency – can establish Quiet Zones‹Requires CPUC and FRA approval‹Must coordinate with railroad authority (NCTD) – the owner Carlsbad At-Grade Crossings‹Grand Avenue Carlsbad At-Grade Crossings‹Carlsbad Village Drive Carlsbad At-Grade Crossings‹Tamarack Avenue Carlsbad At-Grade Crossings‹Cannon Road Supplemental Safety Measures‹Required to be implemented to establish a Quiet Zone‹SSM’s include:„Quad gates„Ped gates„Upgrade existing crossing arms„Traffic signal pre-emption„Sidewalk improvements and fencing„Overhead lights(SSM’s) Examples of SSM’s Examples of SSM’s Examples of SSM’s Examples of SSM’s Issue Areas in Carlsbad Issue Areas in Carlsbad Issue Areas in Carlsbad Issue Areas in Carlsbad Issue Areas in Carlsbad Establishing a ‹Coordinate with NCTD‹NCTD has a 19-step process‹Applications to be filed‹Site diagnostic meeting‹Various traffic studies and designs‹Liability issues‹Future maintenance Carlsbad Responsibility‹Initiate Quiet Zone process‹Fund„design„construction„future maintenance„annual insurance premiums Construction / Insurance Costs‹$2,000,000 - $2,700,000‹$500 - $700 per crossing per year for insurance Construction Funding Sources‹Investigate assessment district‹Future statewide bonds‹Capital Improvement Program San Diego Gas & ElectricPrivate Crossing Private Crossings‹Not part of Quiet Zone horn rule‹Must be included in improvements at a Quiet Zone crossing to qualify for no horn blowing‹Horn starts blowing at Cannon Road for northbound trains‹Horn starts blowing ¼ mile north of crossing for southbound trains