Discussion

The existing private at-grade highway-rail crossing of Patterson Road is used to access multiple properties east of the UPRR track. As is minimally required of private crossings by General Order 75-D, it currently has a STOP sign and a Commission Standard 1-X private crossing sign on each approach to the track. The application states that Patterson Road provides the only access to the properties east of the railroad track. Train-vehicle collisions at this crossing in recent years have demonstrated the urgent need for safety improvements. In order to address the safety concerns, the application proposes to install Commission Standard 9 warning devices (automatic gate arm and flashing light signals), to improve the roadway, signage and markings, and to convert Patterson Road to a County maintained public roadway in the vicinity of the railroad track.

Following fatal train-vehicle collisions in 2000 and 2005, the Commission's Rail Crossings and Engineering Section (RCES) identified this crossing to be in urgent need of safety improvements. After determining that there was no valid contract for the maintenance of this crossing, RCES recommended to UPRR that the private crossing be eliminated. However, private parties including MSBH Land Company (MSBH), Delta Liquid Energy (DLE), Rosamond Community Services District (RCSD), and Southern California Edison (SCE) all stated that they require this crossing in order to conduct their businesses. During ongoing discussion of how to address the safety concerns, another incident occurred in December 2006. Since then, the private parties, County, UPRR, and RCES have worked closely to agree on appropriate improvements.

The current crossing has unrestricted access, there are multiple private parties that must utilize the crossing, and members of the general public use the roadway without permission. Therefore, it is appropriate that the roadway be configured and maintained for safe use by the public. The County has generally agreed to adopt and maintain the roadway through the railroad crossing once the roadway is improved to County minimum standards and the railroad crossing warning devices are improved. The parties that depend on access through the crossing will provide all funding for the necessary improvements.

The County and UPRR have entered an agreement to improve the crossing through installation of Commission Standard 9 warning devices. The agreement for funding this part of the project is referred to as the "Safety Improvements" agreement. It covers costs that must be paid to UPRR for the acquisition of right-of-way and the design and construction of the railroad crossing warning devices. The estimated project costs to be paid to UPRR to install the railroad crossing warning devices is approximately $228,885, and right-of-way costs approximately $17,980, for a total estimated cost of $246,865. There will be no cost related to the track surface because the concrete panels already in place are sufficient. The actual cost of the safety improvements will be split between the parties as detailed by the percentages below.

As of August 2007, the County expects that a separate agreement for funding necessary "roadway improvements" will be executed in the near future. These improvements include design and reconstruction of the roadway approaches within approximately 100 feet on each side of the track. It is expected to cost no more than $50,000. The actual cost of the roadway improvements will be split between the parties as detailed by the percentages below.

"Safety Improvements" Funding
Contributor	Split	Estimated Contribution
MSBH	30%	$74,059.50
DLE	20%	$49,373.00
RCSD	30%	$74,059.50
SCE	20%	$49,373.00
Total	100%	$246, 865
"Roadway Improvements" Funding
Contributor	Split	Estimated Contribution
MSBH	30%	$15,000
DLE	20%	$10,000
RCSD	50%	$25,000
Total	100%	$50,000

The application states that grade-separation is not practicable due to the roadway geometrics, particularly the proximity of the intersection with Sierra Highway which is located approximately 100 feet west of the track. The application also states that funding for a grade-separation would be difficult to obtain due to the low volume of roadway traffic. The application states that these factors make a grade-separation at this location very complex and cost prohibitive.

The crossing is currently an unmarked asphalt roadway, approximately 22 feet wide, crossing a single railroad track. The daily traffic volume along Patterson Road is estimated by the County to be 210 vehicles per day. The roadway speed limit is not posted, but traffic speeds are generally under 25 MPH. UPRR has reported that approximately 20 trains per day travel through the crossing at a maximum speed limit of 70 MPH. There have been three train-vehicle collisions at this private crossing since 2000, resulting in four fatalities and one injury.

The County proposes to alter the crossing as outlined in its application and as shown in plans attached to the application and Appendix B of this Order, and as supplemented by the County's email of July 27, 2007 to RCES. The proposed alterations include the following:

· Installation of two Commission Standard 9 warning devices (automatic gate with flashing light signals, as defined in General Order 75-D), one on each approach to the track.

· Installation of standard highway-rail crossing signage and markings on each side of the track as required by the California Manual on Uniform Traffic Control Devices published by Caltrans (CA MUTCD). The items include advance warning signs (W10-1), RXR advance warning pavement markings, and stop lines.

· Installation of R8-8 "DO NOT STOP ON TRACKS" signs.

· Improvement (reduction) of the roadway grade on each approach to the track.

· Minor widening of the roadway to provide a minimum width of 24 feet within 100 feet along the roadway on each side of the track.

· Installation of at-least 20 feet of curb (Asphaltic Concrete dike) along the right shoulder on each approach to the crossing.