Discussion

SCRRA proposes to construct a permanent pedestrian underpass at separated grades and City proposes to construct a temporary at-grade pedestrian crossing at the Montclair Transcenter as part of the construction of the new south-side station platform and extension to the north-side station platform. The proposed pedestrian crossings are to be located within the San Bernardino Associated Governments (SANBAG) rights-of-way.

SCRRA is the five-county joint powers authority created under Public Utilities Code Section 130255 pursuant to Government Code Section 6501 et al., to build and operate the "Metrolink" commuter rail system. In this matter, SCRRA is also acting on behalf of the railroad property owner SANBAG. SANBAG is a member agency of the SCRRA joint powers authority.

Metrolink commuter trains operate from Union Station in downtown Los Angeles to Oxnard (Ventura County), Lancaster (north Los Angeles County), Oceanside (San Diego County) via Orange County, City of San Bernardino (San Bernardino County), and City of Riverside (Riverside County). Metrolink provides an alternative for motorists dependent upon Southern California's freeways. Improved home-to-work travel times, reduced traffic, and reduced automobile air pollution are benefits. Metrolink is the regional rail program created in accordance with Senate Bill 1402 of 1990, Public Utilities Code Sections 130450 - 130455. The National Railroad Passenger Corporation (Amtrak) operates Metrolink for SCRRA.

Construction of permanent grade-separated pedestrian underpass, the temporary at-grade pedestrian crossing, and new south-side station platform and an extension to the north-side station platform at the Montclair Transcenter is necessary to improve Los Angeles - San Bernardino Metrolink service. Metrolink trains operate between Los Angeles and San Bernardino Counties on the San Gabriel Subdivision. The new platforms will provide improved passenger services and Metrolink bi-directional train operations. The extended platform will afford Metrolink operations of longer trains. Canopies at the new south-side platform will provide shelter for Metrolink passengers from rain and sun. The facility will provide other new amenities and landscaping as well as additional disabled person parking at the east side of the existing parking lot. Bus, taxi, and paratransit services are available to Metrolink passengers. Amtrak intercity train service is envisioned in the future. The new south-side platform and north-side platform extension will make the Montclair Transcenter more attractive, useful and convenient for residents and visitors to Montclair, San Bernardino County, and Southern California's "Inland Empire."

SCRRA will design and construct a permanent pedestrian underpass at the Montclair Transcenter when the necessary funding of approximately $1.8 million is made available to SCRRA by SANBAG. City will construct a temporary at-grade pedestrian crossing. The proposed temporary at-grade pedestrian crossing will remain in use until SCRRA constructs the pedestrian underpass or upon the expiration date of our authorization as stated in our order, whichever occurs first. SANBAG anticipates identifying within a one-year period the funding source to construct the proposed pedestrian underpass. Upon the available funding being in place, SCRRA expects approximately two years time period for the design and construction of the pedestrian underpass. The at-grade pedestrian crossing will be demolished when the grade-separated pedestrian underpass is placed in service.

According to SCRRA operating rules, a second train will not enter the station until authorized by the crew member of the train in the station. Authorization will be given when the passengers in the train in the station have been discharged completely and the train compartment doors are closed. The practice will enhance the safety of passengers crossing at the temporary at-grade crossing. By timetable addition to Rule 5.8.1 of the General Code of Operating Rules, SCRRA requires ringing of the locomotive or cab car bell while passing through passenger stations when persons are seen on or near station platforms. At an on-site diagnostic team review held on October 5, 2001, representatives of SCRRA, SANBAG, City, and the Commission's Rail Safety and Carrier's Division analyzed the operations of trains in the station and the proposed crossings. For the temporary at-grade pedestrian crossing, the diagnostic team agreed on installing two Standard No. 1-D Pedestrian And Bicycle Railroad Grade Crossing Signs, as specified in General Order (GO) 75-C.

SCRRA is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended in 1982, as stated in Public Resources Code Section 21000 et seq. The activities at issue in this decision are part of the Southern California Regional Rail project involving the Counties of Los Angeles, Ventura, San Bernardino, Riverside, Orange, and San Diego (Metrolink). SCRRA has determined that the Metrolink projects, which institute or increase passenger or commuter services on rail lines or high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities, are statutorily exempt from the reporting requirements of CEQA under Public Resources Code Section 21080(b)(11) and CEQA Guideline Section 15275(a). SCRRA filed a Notice of Exemption for construction and operation of a commuter rail system on September 18, 1991. A copy of this Notice of Exemption is included in Appendix A attached to the order.

The Commission is a responsible agency for this project under CEQA and has reviewed and considered the lead agency's exemption determination. The sites of the proposed permanent grade-separated pedestrian underpass and the proposed temporary at-grade pedestrian crossing have been inspected by the Commission's Rail Safety and Carriers Division - Rail Crossings Engineering Section staff. After reviewing the need for and the safety of the proposed permanent pedestrian underpass at separated grades and the proposed temporary at-grade pedestrian crossing, staff recommends that SCRRA's request be granted.

We believe the SCRRA reasonably concluded that the proposed permanent grade-separated pedestrian underpass and the proposed temporary at-grade crossing projects qualify for CEQA exemption under Public Resources Code Section 21080(b)(11) and CEQA Guideline Section 15275(a). Accordingly, we adopt the Finding of Exemption for purposes of our project approval.

The Application was found to be in compliance under the Commission's filing requirements, including Rule 38 of Rules of Practice and Procedure, which relates to the construction of public highway crossings and separations under a railroad. A site map and detailed drawings of the proposed Montclair Station temporary at-grade pedestrian crossing and permanent pedestrian underpass are shown in Appendix B attached to the order.

In Resolution ALJ 176-3079, dated January 9, 2002 and published on the Commission Daily Calendar on January 10, 2002, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. Since no hearings were held, this preliminary determination remains accurate. The Commission's Rail Safety and Carriers Division recommends that this application be granted. Given these developments, a public hearing is not necessary, and it is not necessary to disturb the preliminary determinations made in Resolution ALJ 176-3079.

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Public Utilities Code Section 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.