Discussion

UPRR operates approximately nine freight trains per day and Amtrak operates two passenger trains per day on this segment of track.

Many trespass over the railroad tracks at the location of the proposed pedestrian at-grade crossing. Many of the trespassers are students traveling between the school and their residences. The Commission authorized construction of a new at-grade pedestrian crossing in the vicinity of 16^th Street with D.07-07-003. The authorization was dependent on fulfillment of a settlement agreement between the County and UPRR, which was adopted by the Commission as part of the final Decision in this case.

The County and UPRR agreed on the terms of settlement, which included:

· The County permanently closing one active crossing in San Luis Obispo County prior to construction of the proposed 16^th Street Pedestrian crossing and closing a second crossing before seeking any new at-grade crossing in the future;

· The County modifying the existing 14^th Street crossing by installing a new pedestrian path (sidewalk) through the crossing;

· The County installing vandal resistant fencing along the railroad right of way from 11^th Street to 200 feet north of the proposed 16^th Street Pedestrian crossing; and

· The County constructing a concrete panel crossing surface and installing two Commission Standard 8 (flashing light signal assemblies) warning devices at the proposed 16^th Street Pedestrian crossing.

However, the authorization set forth in D.07-07-003 expired on July 12, 2009. The Terms of Settlement automatically extended the time deadline by an additional two years if vandal resistant fencing was installed between 14^th and 16^th Street by July 12, 2009. The Settlement also provided that if additional vandal resistant fencing is installed between 11^th and 14^th Street within four years of the Decision date, in addition to the area between 14^th and 16^th Street, then the Commission authorization shall be extended to July 12, 2011. To date, no fencing has been installed. The settlement also extends the authorization time by the amount of time for UPRR to review and approve the plans for the required improvements.

The County has made some progress in satisfying several requirements of the authorization and settlement agreement. The County and UPRR closed the Depot Avenue private crossing, identified as CPUC Crossing No. 001E-254.60-X and DOT No. 745364J. In addition, RCES authorized the County to modify the 14^th Street at-grade crossing, identified as CPUC Crossing No. 001E-203.55, DOT No. 752078V, via General Order 88-B, in case G.08-02-002. The 14^th Street crossing project, which was to add a sidewalk through the crossing as outlined in the settlement agreement approved by D.07-07-003, suffered a delay due to design issues. Subsequently, on April 12, 2010, RCES granted the County a two year time extension set to expire on March 13, 2012 to complete the 14^th Street improvements. Fencing along the right of way will begin with the construction of the 14^th Street crossing modifications.

Additionally, the County notes that it was unable to secure the funding for the necessary improvements until over 17 months after the Commission issued its Decision, and that for a number of reasons UPRR has taken over 27 months to review, agree with the County on final design, and provide the necessary documents to allow the improvements to proceed.

We also note that UPRR has provided a letter of concurrence to the County's time extension request.