STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

December 11, 2003

TO: ALL PARTIES OF RECORD IN APPLICATION 01-09-012

Decision 03-12-018 is being mailed without the Concurrence of Commissioner Lynch. The Concurrence will be mailed separately.

Very truly yours,

/s/ Angela K. Minkin

Angela K. Minkin, Chief

Administrative Law Judge

ANG/avs

ALJ/MAB/avs Mailed 12/11/2003

Decision 03-12-018 December 4, 2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

In the Matter of the Application of the City of San Diego for an order authorizing modification of an existing at-grade crossing on three light rail vehicle tracks and one heavy rail track of the Metropolitan Transit Development Board, and one heavy rail track of the Burlington Northern and Santa Fe Railway Company, at Park Boulevard, in the City of San Diego, San Diego County, California.

Application 01-09-012

(Filed September 12, 2001)

OPINION GRANTING APPROVAL TO CLOSE EIGHTH AVENUE AT-GRADE CROSSING AND CONSTRUCT PARK BOULEVEARD
AT-GRADE CROSSING, WITH CONDITIONS

TABLE OF CONTENTS

Title Page

OPINION GRANTING APPROVAL TO CLOSE EIGHTH AVENUE AT-GRADE CROSSING AND CONSTRUCT PARK BOULEVEARD AT-GRADE CROSSING, WITH CONDITIONS 2 2

1. Summary 2 2

2. Description of the Application 2 2

3. Amendments to Application 5 5

4. Determination of Factors to be Considered 8 8

5. Evidence Submitted 10 10

5.1 City of San Diego 10 10

5.2 RCES 14 14

5.3 Public Participation Hearing 17 17

6. Discussion 20 20

6.1 Factual Setting and Factors to be Evaluated 20 20

6.2 Evaluation of Factors Other than Safety 22 22

6.3 Evaluation of Safety-Related Factors 23 23

6.4 Four Quadrant Gates 32 32

6.5 Enhancing Safety in the Entire Rail Corridor 33 33

6.6 Signal Coordination Failure at Front Street Crossing 35 35

6.7 Compliance with CEQA 36 36

7. Assignment of Proceeding 39 39

8. Comments on Proposed Decision 39 39

Findings of Fact 40 40

Conclusions of Law 44 44

OPINION GRANTING APPROVAL TO CLOSE EIGHTH AVENUE AT-GRADE CROSSING AND CONSTRUCT PARK BOULEVEARD AT-GRADE CROSSING, WITH CONDITIONS

1. Summary

This decision grants the request of the City of San Diego (the City) for Commission authorization to (1) close an existing at-grade railroad crossing at Eighth Avenue and Harbor Drive and (2) construct an at-grade railroad crossing at the new intersection of Park Boulevard and Harbor Drive in San Diego, California. Due to the high level of light rail traffic and the presence of heavy rail traffic, significant safety conditions are also immediately imposed. Comprehensive monitoring and long-term safety planning are also required.