8. Assignment of Proceeding
Michael R. Peevey is the Assigned Commissioner and Glen Walker is the ALJ in this proceeding.
1. Notice of the application was published in the Commission Daily Calendar on July 8, 2004.
2. Union Pacific on July 30, 2004, filed a timely protest to the application.
3. The County seeks authority to construct a new at-grade pedestrian crossing of Union Pacific tracks in the vicinity of 16th Street in San Miguel.
4. Every weekday, about 70 or 80 pedestrians, most of them children, now use an unauthorized dirt path crossing at 16th Street to reach the Lillian Larson Elementary School.
5. The County seeks to enhance the safety of children now using the crossing by constructing gates and signals pursuant to requirements of GO 26-D, 72-B, 75-C and 118.
6. Union Pacific protests the application as insufficient and proposes, as an alternative, that the unauthorized 16th Street crossing be closed and pedestrians directed to an existing crossing at 14th Street.
7. The proposed at-grade crossing will traverse Union Pacific's "Coast Line," which provides a north/south route connecting the Los Angeles Basin with the San Francisco Bay Area and east to Union Pacific's Roseville yard.
8. Union Pacific averages 10 through freight trains per day on this line operating at a maximum speed of 40 miles per hour; Amtrak operates two daily intercity passenger trains over the line; and a local train operates on the line on Tuesday and Thursday afternoons.
9. The County has not seriously considered a grade-separated crossing at 16th Street because the cost ($2.7 million) far exceeds the estimated cost of an at-grade crossing ($250,000).
10. The County is the CEQA lead agency for the project.
11. The Commission is a responsible agency for the project under CEQA.
1. Commission approval of new rail crossings in this state is required by Pub. Util. Code §§ 1201 through 1205.
2. A proponent of a new at-grade crossing over mainline railroad tracks has a heavy burden because of the inherent safety hazards created by roadway-railway crossings.
3. The County has shown that children are at risk in crossing the tracks at unauthorized locations to reach the Lillian Larson Elementary School.
4. The application for construction of the new crossing should be granted, provided the County first arranges the closure of two other active crossings to lower the overall exposure and safety hazard within the rail corridor and designs the new crossing to meet all applicable safety requirements.
IT IS ORDERED that:
1. The application of the San Luis Obispo County Public Works Department (the County) for an order authorizing construction of an at-grade pedestrian crossing in San Miguel, California, crossing the tracks of the Union Pacific Railroad (Union Pacific) in the vicinity of 16th Street, County of San Luis Obispo, is granted, subject to the conditions set forth below. The new 16th Street crossing will be known as CPUC Crossing No. 001E-206.x0.
2. Before completing the at-grade pedestrian crossing at 16th Street, the County must arrange the closing of at least two active crossings in San Luis Obispo County.
3. The crossing will include a cement concrete sidewalk, swing gates, two Standard No. 9 flashing light signals with automatic gates, and two standard No. 1-D signs (pedestrians and bicycles only) as described in General Order 75-C. The swing gates will swing away from the tracks to allow a slow moving pedestrian an escape route from the track area if trapped after the automatic gates have lowered. The swing gates will have mounted signs stating "No Entry" on the approach side, and "Push to Exit" on the opposite side. The signs will be in both Spanish and English. When complete, the design must be submitted to the Commission's Rail Crossings Engineering Section and to Union Pacific before construction begins. Additionally, the County should make every effort to immediately arrange adult crossing guards at the crossing during daylight and evening times of peak usage.
4. The County is directed to arrange construction of vandal-resistant fencing or other barriers (walls, buildings) along one or both sides of the railroad right-of-way to close access to random crossing of the tracks and direct pedestrian traffic to the 14th Street and 16th Street crossings. Union Pacific is directed to cooperate with the County in the installation of fencing.
5. The County is directed to promptly investigate and design improvements to the 14th Street crossing, including sidewalks and a traffic light, to encourage pedestrian use of this existing crossing and discourage trespass crossing at unfenced areas of the track.
6. All costs of the 16th Street crossing are to be borne by the County, with the County to contract with Union Pacific for maintenance of the signaling devices at the crossing.
7. The County shall comply with all applicable General Orders and the Federal Highway Administration's Manual on Uniform Traffic Control Devices, as amended by the California Supplement.
8. Within 30 days of completion of the work under this order, Union Pacific shall notify the Rail Crossing Engineering Section (RCES) in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), that the authorized work is completed.
9. This authorization shall expire if not exercised within two years unless time is extended or if there is non-compliance with the above conditions. Authorization may be revoked or modified if public convenience, necessity or safety so require. A request for an extension of time must be submitted to RCES at least 30 days before the expiration of this authorization, with a copy of the request sent to all interested parties.
10. The Commission concurs in the County's conclusion that construction of the pedestrian walkway is categorically exempt from the California Environmental Quality Act.
11. This protest of Union Pacific is denied, and Application 04-07-001 is closed.
This order is effective today.
Dated _____________________, at San Francisco, California.
INFORMATION REGARDING SERVICE
I have provided notification of filing to the electronic mail addresses on the attached service list.
Upon confirmation of this document's acceptance for filing, I will cause a copy of the filed document to be served upon the service list to this proceeding by U.S. mail. The service list I will use to serve the copy of the filed document is current as of today's date.
Dated July 25, 2006, at San Francisco, California.
/s/ ANTONINA V. SWANSEN |
Antonina V. Swansen |
************ APPEARANCES ************ |
********* INFORMATION ONLY ********** |
