HomeMy WebLinkAboutCC Resolution 14220 (Combined Quiet Zones)RESOLUTION NO. 14220
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CONDITIONALLY
AUTHORIZING: THE MAYOR TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF NOVATO FOR SAN RAFAEL TO ACT AS
THE LEAD AGENCY IN ESTABLISHING A SINGLE, COMBINED QUIET ZONE
FROM NOVATO TO DOWNTOWN SAN RAFAEL; AND THE DIRECTOR OF
PUBLIC WORKS TO TAKE ALL ACTIONS NECESSARY TO ESTABLISH THE
COMBINED QUIET ZONE THROUGH THE DESIGNATION PROCESS
WHEREAS, the Sonoma Marin Area Rail Transit (SMART) project consists of
passenger rail operations from Santa Rosa to San Rafael and eventually to Larkspur, and it is
underway; and
WHEREAS, pursuant to Federal Railroad Authority (FRA) regulations, the City
of San Rafael has issued a Notice of Intent to designate a quiet zone covering all rail crossings
between the Downtown San Rafael SMART station and the Smith Ranch Road rail crossing; and
WHEREAS, the City of Novato also intends to establish a quiet zone covering all
the rail crossings in Novato, but has determined that establishment of the proposed Novato quiet
zone cannot be accomplished through the streamlined designation process, but rather will require
filing of an application with the FRA that will involve a prolonged processing period; and
WHEREAS, the City of Novato has requested that the City of San Rafael rescind
its Notice of Intent and act as the lead agency in undertaking to establish a single, combined
quiet zone from downtown San Rafael through Novato, since the proposed combined quiet zone
can be established through the streamlined designation process; and
WHEREAS, the City of Novato will provide the City of San Rafael with all
documentation necessary for San Rafael to issue a Notice of Intent for the combined quiet zone;
and
WHEREAS, the proposed combined quiet zone from downtown San Rafael
through Novato would encompass and apply to certain private rail crossings in the
unincorporated County area between the boundaries of the two cities that otherwise would not be
included in the two cities' individual quiet zones, thereby extending the benefits of the quiet
zone's prohibitions on the sounding of the train horn; and
WHEREAS, the County of Marin has indicated its support for the proposed
combined quiet zone, and also requests that the City of San Rafael act as the lead agency in the
establishment of the combined quiet zone; and
WHEREAS, a Memorandum of Understanding (MOU) between the City of
Novato and the City of San Rafael has been prepared that details each jurisdiction's
responsibilities associated with the effort to establish a combined quiet zone, and includes the
City of Novato's agreement to reimburse the City of San Rafael for costs incurred in acting as
the lead agency; and
WHEREAS, the San Rafael City Council has made a commitment to City
residents to ensure that a quiet zone is in place prior to the start of SMART's commercial
operations, and is unwilling to cooperate in the establishment of a combined quiet zone with the
City of Novato unless it has reasonable assurance that the City will be able to honor that
commitment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Rafael as follows:
1. City Staff is hereby directed to seek an assurance from SMART that it will not
commence commercial operations within San Rafael for at least 90 days
following the adoption of this Resolution.
2. Upon receipt of such assurance by SMART's authorized representatives:
a. the Mayor is authorized and directed to execute a Memorandum of
Understanding with the City of Novato, in a form approved by the City
Attorney, for San Rafael to act as the lead agency in establishing a
combined quiet zone from Downtown San Rafael through Novato, at the
City of Novato's cost; and
b. the Director of Public Works is authorized and directed to proceed with all
steps and take all actions necessary to accomplish the establishment by
designation of a single, combined quiet zone covering all the rail crossings
from the Downtown San Rafael SMART station through the City of
Novato.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on the 17th day of October, 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
O&W
ESTHER C. BEIRNE, City Clerk
File No.: 18.06.52
18.06.52.01
AGREEMENT TO ESTABLISH QUIET ZONES, TO DELEGATE AUTHORITY TO DO SO
TO THE CITY OF SAN RAFAEL, AND TO REIMBURSE SAN RAFAEL ITS COSTS IN
DOING SO
THIS AGREEMENT ("Agreement") is entered into this 201` day of October 2016 by and
between the City of San Rafael ("San Rafael") a California charter city, and the City of Novato
("Novato") a California general law city, with reference to the following facts:
RECITALS
WHEREAS, the Sonoma -Marin Area Rail Transit District ("SMART") is nearing completion of
its railway improvements in Marin and Sonoma Counties and the testing along the railway
corridor over which it exercises control in those two Counties.
WHEREAS, SMART's railroad right of way passes through the Cities of San Rafael and Novato
and SMART has installed crossing and signalization improvements at the public highway -rail
grade crossings located in those two cities such that each city is eligible to establish quiet zones
(as defined in 49 C.F.R. Part 222) covering some or all of those crossings within each city.
WHEREAS, San Rafael and Novato have each independently initiated the procedures to
establish new quiet zones in their respective jurisdictions by providing written Notices of Intent
to do so pursuant to 49 C.F.R. § 222.43. Diagrams of each cities' proposed quiet zones and the
crossings that they each include are attached as Exhibits A (San Rafael) and B (Novato), and
incorporated by this reference.
WHEREAS, the quiet zones each city intends to establish are separated by several miles of
SMART track located in the jurisdictions of Novato and the County of Marin that would not be
covered by one or more quiet zones ("Non Quiet Zone"), thus leaving a number of road and
pedestrian crossings outside a quiet zone. This means that SMART's engineers will be required
to sound their engines' horn while operating in the Non Quiet Zone, rendering partially
ineffective the quiet zones that the cities are currently proceeding to establish.
WHEREAS, Novato has requested that San Rafael act as the lead agency to create a
comprehensive quiet zone in Novato and San Rafael including the unincorporated area between
the cities in Marin County. Due to federal railroad regulations, a pedestrian crossing in Novato's
Hamilton neighborhood is not able to be included within a quiet zone unless such a
comprehensive quiet zone can be created. There are no other workable alternatives that have
been found in order to include this pedestrian crossing within a quiet zone established within the
jurisdictional boundaries of Novato.
WHEREAS, it has become advantageous for San Rafael and Novato to establish one quiet zone,
linking the separate quiet zones each city is currently proceeding to establish. The envisioned,
single quiet zone ("Single Quiet Zone") will include public highway -rail grade crossings,
pedestrian crossings and private highway -rail grade crossings (collectively referred to as
"crossings") in San Rafael and Novato, as well is in the unincorporated area of the County of
Marin. A diagram of the proposed Single Quiet Zone is attached as Exhibit C and incorporated
by this reference.
Agmt. To Establish QZ's with San Rafael Clean 10-12-16 JW
WHEREAS, 49 C.F.R. §222.37(a) authorizes a single public entity ("Lead Authority") to
establish a single quiet zone that includes crossings located within its own jurisdictional
boundaries and also qualified crossings located in adjacent and other public authorities'
jurisdictions, and San Rafael has agreed to act and serve as the Lead Authority for that purpose
in establishing the Single Quiet Zone under the terms and conditions set forth in this Agreement.
The Federal Railroad Administration sees the role of a Lead Authority as one performing only
administrative responsibilities. A public entity that takes on the duties of a Lead Authority under
these circumstances does not thereby assume responsibility for liabilities arising out of the
operation of crossings covered by a quiet zone but located in another jurisdiction.
WHEREAS, Novato is agreeable to and desires that San Rafael act as the Lead Authority in
establishing the Single Quiet Zone and delegates to San Rafael the authority to establish the
Single Quiet Zone to the extent that Single Quiet Zone includes crossings located within the
jurisdictional boundaries of Novato under the terms and conditions set forth in this Agreement.
Now therefore, the parties agree as follows:
AGREEMENT
1. San Rafael agrees to act as Lead Authority and take all those steps prescribed in 49
C.F.R. Part 222 necessary to establish the Single Quiet Zone.
2. Novato consents to San Rafael acting as the Lead Authority and, to the extent that the
Single Quiet Zone includes crossings within the jurisdictional boundaries of Novato and
pursuant to 49 C.F.R. §222.37(a), delegates to San Rafael the authority to establish the
Single Quiet Zone.
3. Notwithstanding San Rafael's agreement to act as Lead Authority for the purposes
described herein, San Rafael shall not be responsible for and shall not be deemed to
assume any responsibility for any liabilities arising out of the maintenance, upgrade,
operation, and/or repair of any of the crossings included within the Single Quiet Zone but
located in Novato. Notwithstanding Novato's delegation to San Rafael of the authority to
initiate and prosecute to completion the procedural steps necessary to establish the Single
Quiet Zone, Novato shall not be responsible for and shall not be deemed to assume any
responsibility for any liabilities arising out of the maintenance, upgrade, operation, and/or
repair of any of the crossings included within the Single Quiet Zone but located in San
Rafael.
4. Once this Agreement has been fully executed by both parties, San Rafael and Novato
shall immediately rescind the Notices of Intent that they each previously provided
pursuant to 49 C.F.R. §222.43 and promptly take all those steps necessary to effect said
rescissions.
5. At the same time that San Rafael rescinds its previously provided Notice of Intent, or as
soon thereafter as is reasonably practicable, and provided that (i) Novato has rescinded its
Notice of Intent and (ii) the County of Marin has entered into an agreement with San
Rafael delegating authority to San Rafael to act as Lead Authority to establish the Single
Quiet Zone under terms and conditions satisfactory to San Rafael, San Rafael shall (a)
provide Notice of Intent to create the Single Quiet Zone under the Public Authority
2
Agmt. To Establish QZ's with San Rafael Clean 10-12-16 JW
Designation provisions of 49 C.F.R. §222,39(a) and cognate provisions and appendices
of 49 C.F.R. Part 222 and (b) timely prosecute the establishment of the Single Quiet Zone
to a successful conclusion such that the Single Quiet Zone is established and the routine
use of locomotive horns must cease within the meaning of 49 C.F.R. §222.45 prior to the
commencement of commercial rail service by SMART. Notwithstanding the above, the
City of San Rafael retains its discretion as lead agency to terminate the intent to establish
a comprehensive Quiet Zone should it determine that the joint process will not result in a
comprehensive Quiet Zone prior to the start of SMART's commercial operations.
6. Novato shall reimburse San Rafael all of the latter's costs incurred in rescinding San
Rafael's previously issued Notice of Intent, re -initiating quiet zone proceedings to
establish the Single Quiet Zone as the Lead Authority and prosecuting to a timely and
successful completion the establishment of the Single Quiet Zone. For purposes of this
paragraph 6, the costs for which Novato is agreeing to reimburse San Rafael are San
Rafael's consulting costs and any applicable fees associated with the designation process.
Novato shall pay said costs within 45 days of receiving each of San Rafael's invoices for
said costs in which are identified the costs, the methodology for calculating the costs and
any documents evidencing said costs or methodology.
IN WITNESS WHEREOF, the parties hereto execute this Agreement on the date(s)
indicated below.
CITY OF S RAF
By: , `� Dated:
Gary . Phillips, M yor'*
Approved as to form:
TA,e-2 4e4,c�F
Robert F. Epstein, City Attorney
CITY OF NOVATO
By:
Pat Eldund, Mayor
Approved as to form:
i11604
Je ter, City Attomey
Agmt. To Establish CXs with San Rafael Clean 10-12-16 JW
Dated: %Q LG —!6
Dated: October 20, 2016
Dated: 10'19 —/(
I HE CITY OF
NOVATO
CALIFORNIA
922 Machin Avenue
Novato, CA 94945
415/899-8900
FAX 415/899-8213
www.novato.org
Mayor
Pat Eklund
Mayor Pro Tem
Denise Athas
Councilmembers
Pam Drew
Josh Fryday
Eric Lucan
Interim City Manager
Cathy Capriola
r.
S
October 20, 2016
Ms. LeeAnn Dickson
Regional Grade Crossing Manager
USDOT/Federal Railroad Administration, Region 7
8011 Street, Ste. # 466
Sacramento, CA 95814
RE: Authorization to Create New Quiet Zone under 49 CFR 222.43: Combined
City of Novato -County of Marin -City of San Rafael SMART (Sonoma Marin Area
Rail Transit) Quiet Zone
LeeAnn,
This letter authorizes the City of San Rafael to act on behalf of the City of Novato in
creating a new combined quiet zone, including grade crossings within the City of Novato
on the SMART rail line.
A Notice of Intent to create the combined quiet zone will be issued by the City of San
Rafael, which will act as the PublicAutbotity Designating the proposed quiet zone.
This future Notice of Intent will also rescind any previous Notices of Intent issued by
the City of Novato relating to its own intended quiet zone.
Please contact me at (415) 899-8906, or ccanriolaOnovato.orF if you have any questions.
Sincerely,
Cathy Capno
Interim City Manager
cc: Jim Schutz, City Manager, City of San Rafael
Matthew Hymel, County Administrator, County of Marin
Associate Administrator for Safety
Federal Railroad Administration
1200 New Jersey Avenue, SE, MS -25
Washington, DC 20590
OFFICE OF THE
.............................................................................. C.O..U.N.TY..A.Q.M.I.N.I.S.T.RAT.O.R.
COUNTY OF MARIN t./
Matthew H. Hymel October 201h, 2016
COUNTY ADMINISTRATOR
LeeAnn Dickson
Regional Grade Crossing Manager
USDOT/Federal Railroad Administration, Region 7
801 1 Street, Ste. # 466
Marin County Civic Center Sacramento, CA 95814
3501 Civic Center Drive
Suite 325
San Rafael, CA 94903
415 473 6358 T SUBJECT:
415 473 4104 F
CRS Dial 711
www.marincouny.org/cao Quiet Zone Notice of Intent Comment, Establishment of Larger Quiet Zone
The County is supportive of the establishment of the proposed continuous Quiet
Zone from downtown San Rafael to the northernmost public rail crossing in the City
of Novato. The proposed Quiet Zone will include two private rail crossing in
unincorporated Marin between the two city limits.
A Quiet Zone is a defined stretch of track where a train operator is not required to
blow the train horn as it approaches vehicular or pedestrian crossings unless there
is a hazard on the tracks. At community meetings held by both cities, supporters of
the Quiet Zones stated that the noise of the horns would negatively affect their
quality of life due to the proximity to the SMART train line and frequency of trains
each day. SMART and the Federal Railroad Administration (FRA) have also
expressed their desire for one continuous Quiet Zone.
Having a continuous Quiet Zone, that includes the private rail crossings, will benefit
not only residents in unincorporated Marin but also those in southern Novato and
northern San Rafael areas as well. The county supports the establishment of the
proposed Quiet Zone and thanks the City of San Rafael for taking on the extra work
to make this possible.
Sincerely,
Matthew H. Hymel
County Administrator
County Administrator's Office
3501 Civic Center Drive, Suite 325
San Rafael, CA 94903
cc:
City Manager, City of San Rafael
City Manager, City of Novato
Associate Administrator for Safety
Federal Railroad Administration
1200 New Jersey Avenue, SE, MS -25
Washington, DC 20590
1 HE CITY OF
NOVATO
CALIFORNIA
922 Machin Avenue
Novato, CA 94945
415/899-8900
FAX 415/899-8213
wwiv.Ilovato.org
Mayor
Pat Eklund
Mayor Pro Tem
Denise Athas
Councilmembers
Pam Drew
Josh Fryday
Eric Lucan
Interim City Manager
Cathy Capriola
October 20, 2016
Ms. LeeAnn Dickson
Regional Grade Crossing Manager
USDOT/Federal Railroad Administration, Region 7
801 I Street, Ste. # 466
Sacramento, CA 95814
RE: Authorization to Create New Quiet Zone under 49 CFR 222.43: Combined
City of Novato -County of Marin -City of San Rafael SMART (Sonoma Marin Area
Rail Transit) Quiet Zone
LeeAnn,
This letter authorizes the City of San Rafael to act on behalf of the City of Novato in
creating a new combined quiet zone, including grade crossings within the City of Novato
on the SMART rail line.
A Notice of Intent to create the combined quiet zone will be issued by the City of San
Rafael, which will act as the PuGlecAuthority Desig a ing the proposed quiet zone.
This future Notice of Intent will also rescind any previous Notices of Intent issued by
the City of Novato relating to its own intended quiet zone.
Please contact me at (415) 899-8906, or ccapriola a,novato.orlr if you have any questions.
Sincerely,
Cathy Cap
Interim City Manager
cc: Jim Schutz, City Manager, City of San Rafael
Matthew Hymel, County Administrator, County of Marin
Associate Administrator for Safety
Federal Railroad Administration
1200 New Jersey Avenue, SE, MS -25
Washington, DC 20590
OFFICE OF THE
.............................................................................. C O. .,N.T..Y........ D........�.......I.S.T.R A.T O.R.
COUNTY OF MARIN
We (the County, San Rafael and Novato) have been working with SMART,
the Federal Railroad Administration (FRA), and the California Public Utilities
Commission (CPUC) to understand and navigate the complex rules,
regulations and process required for the establishment of a Quiet Zone.
SMART and the FRA have expressed their desire for one comprehensive
Quiet Zone in order to simplify train operations and provide greater
consistency and safety for train operators. Both organizations have offered to
support an effort to create one comprehensive Quiet Zone.
The FRA has indicated that one agency is required to serve as the lead to
submit a revised Notice of Intent for a comprehensive Quiet Zone. We
request that San Rafael act as the lead agency. The other involved public
agencies (Novato and Marin County) would submit a letter of support for the
comprehensive Quiet Zone.
Thank you for considering our appeal to work together as neighbors and
partners towards creating a comprehensive Quiet Zone for Marin.
Sincerely,
Matthew Hy I
County Administrator
September 29, 2016
Matthew H. Hymel
COUNTY ADMINISTRATOR
Mayor Gary Phillips and Members of the San Rafael City Council
City of San Rafael
1400 Fifth Avenue
Marin County Civic Center
San Rafael, CA 94901
3501 Civic Center Drive
Site 325
San Rafael, CA 94903
Mayor Phillips d Members of the San Rafael Cit Council:
Dear an
y p y
415 473 6358 T
415,473 4104 F
The County is supportive of the request that the City of San Rafael partner
CRS Dial 711
with Marin County and Novato to create a comprehensive Quiet Zone that
www.marincounty.org/cao
extends from San Rafael through Novato.
We (the County, San Rafael and Novato) have been working with SMART,
the Federal Railroad Administration (FRA), and the California Public Utilities
Commission (CPUC) to understand and navigate the complex rules,
regulations and process required for the establishment of a Quiet Zone.
SMART and the FRA have expressed their desire for one comprehensive
Quiet Zone in order to simplify train operations and provide greater
consistency and safety for train operators. Both organizations have offered to
support an effort to create one comprehensive Quiet Zone.
The FRA has indicated that one agency is required to serve as the lead to
submit a revised Notice of Intent for a comprehensive Quiet Zone. We
request that San Rafael act as the lead agency. The other involved public
agencies (Novato and Marin County) would submit a letter of support for the
comprehensive Quiet Zone.
Thank you for considering our appeal to work together as neighbors and
partners towards creating a comprehensive Quiet Zone for Marin.
Sincerely,
Matthew Hy I
County Administrator
�1
a 2
�O
C'rr WITH P'
October 201, 2016
LeeAnn Dickson
Regional Grade Crossing Manager
USDOT/Federal Railroad Administration, Region 7
8011 Street, Ste. # 466
Sacramento, CA 95814
SUBJECT:
Authorization to create New Quiet Zone under 49 CFR 222.43: Combined City of Novato -County of
Marin -City of San Rafael SMART (Sonoma Marin Area Rail Transit) Quiet Zone
This letter confirms that the City of San Rafael is acting on behalf of the City of Novato and the County of
Marin in creating a new quiet zone, including grade crossings within the City of Novato, within the City of
San Rafael and within the County of Marin on the portion of the Sonoma Marin Area Rail Transit
(SMART) rail line between the Cities of Novato and San Rafael.
A Notice of Intent to create the combined quiet zone will be issued by the City of San Rafael, which will
act as the Public Authority designating the quiet zone.
This future Notice of Intent will also rescind any previous Notices of Intent issued by the City of Novato
and City of San Rafael relating to their own intended quiet zones.
Please contact me if you have any questions.
cerely, '
rat3/
chutz
Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94915-1560
cc:
City Manager, City of Novato
County Administrator, County of Marin
Associate Administrator for Safety
Federal Railroad Administration
1200 New Jersey Avenue, SE, MS -25
Washington, DC 20590
CITY OF SAN RAFAEIL 11400 FIFT AVEN,
... o
Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember
RAFq�<
a 2
y0
C,'rY WITH t'
LeeAnn Dickson
Regional Grade Crossing Manager
USDOT/Federal Railroad Administration, Region 7
8011 Street, Ste. # 466
Sacramento, CA 95814
Mailed October 201h, 2016
Certified Mail #7015 3010 0001 5875 5097
Notice of Intent to create New Quiet Zone: Combined City of Novato -
County of Marin - City of San Rafael Initial Operating Segment
This letter and attachments are a Notice of Intent for the creation of a New Quiet Zone
within the Combined City of Novato— County of Marin — City of San Rafael, California.
This Notice of Intent also rescinds any previous Notices of Intent issued by the Cities of
Novato and San Rafael.
As required by Federal Railroad Administration in compliance with 49 CFR 222.43, the
following information is being provided to you and other interested parties by the City as
Public Authority on behalf of City of San Rafael, City of Novato and County of Marin:
Page 1 of 7
CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG
Gary O. Phillips, Mayor - Kate Colin, Vice Mayor - Maribeth Bushey, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember
1. The public, private, and pedestrian grade crossings within the proposed quiet
zone are:
USDOT National
Milepost
Street
Public/ Private/
Highway -Rail Grade
Pedestrian
Crossing Inventory
Number
863496T
28.5-
RUSH CREEK PLACE
Public
859201S
28.35
j GOLDEN GATE PLACE
Private
863497A
28.1
OLIVE AVENUE
I
I Public
863498G
27.9
GRANT AVENUE
Public
863539J
27.46
FRANKLIN UNDERPASS
, Public/Pedestrian
859166F
26.99
ROWLAND 1,2
I Private
863491J
i
25.9
HANNA RANCH ROAD
Public
859323W
25.46
I BEL MARIN KEYS
Public/Pedestrian
863501M
24.5
ROBLAR DRIVE
Public
1 863502U
24.12
HAMILTON PARKWAY
Public
1863503B
23.90
STATE ACCESS PED XING
Private/Pedestrian
863506W
22.11
ST. VINCENT -2 PVT
Private
863507D
21.75
ST. VINCENT -1 PVT
Private
859205U
120.97
SMITH RANCH RD
Public
863510L
20.85
NORTH AVENUE
Private
863511T
19.70
CIVIC CENTER DRIVE_
Public
863513G
19.30
LAS GALLINAS _
_
Public/Pedestrian
863514N
18.80
NORTH SAN PEDRO ROAD
Public
863516C
17.40
PALOMA AVENUE
Public
863517)
17.30
PACHECO STREET
Public
863518R ~M
_
17.10 _ _
MISSION AVENUEPublic
863519X
17..05
5TH AVENUE
Public
863520S
17.00
4TH STREET
Public
2. Time period within which restrictions would be imposed on the routine sounding -
of the locomotive horns:
24 hours
3. Explanation of the City's plans for implementing improvements within the
proposed quiet zone:
The City of Novato, County of Marin, and City of San Rafael (with City of San Rafael
acting jointly on behalf of all three jurisdictions) proposes the creation of a New Quiet
Zone including all grade crossings within city limits of the contiguous Initial Operating
Segment (IOS) of the SMART (Sonoma Marin Area Rail Transit District) railroad within
San Rafael, Novato and the portions of track between both cities within the County of
Page 2 of 7
Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember
Marin, extending for approximately 12 miles from the Rush Creek Place crossing in
Novato to the Fourth Street crossing at the SMART San Rafael terminus station.
Details of the improvements are described in ATTACHMENT A.
The proposed quiet zone crossing improvements have been identified by SMART,
Federal Railroad Administration (FRA), City of Novato, County of Marin, City of San
Rafael and California Public Utilities Commission (CPUC) as part of the diagnostic
review team process in 2011-12. The proposed crossing improvements are consistent
with the recommendations of the diagnostic review team and, where relevant, are
reflected subsequent designs in the CPUC -approved General Order 88-B requests during
2014, 2015 and 2016.
SMART is undertaking the quiet zone crossing improvements as part of their design -
build contracts for railroad improvements to accommodate passenger service.
The City also verifies that all private and pedestrian crossings that are open to the public
or provide access to active commercial or industrial sites or any pedestrian crossings
conform to the recommendations of the diagnostic team.
Page 3 of 7
CITY OF 00 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG
Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey, Councilmember • John Gambl'n, Councilmember • Andrew Cuyugan McCullough, Councilmember
4. Persons who will act as point of contact during the quiet zone development
process:
Name: Bill Guerin
Title: Director of Public Works, City of San Rafael
This person can be contacted at: .
City of San Rafael
Department of Public Works
111 Morphew St.,
San Rafael, CA 94901
Phone: (415) 485-3110
Email: bill.guerin@cityofsanrafael.org
5. The list of the name and address of each party that is receiving this notification in
accordance with paragraph (a)(1) of 49 CFR 222.43
Railroads operating over the highway -rail grade crossings within the proposed quiet
zone:
Bill Gamlen, P.E.
Chief Engineer
Sonoma -Marin Area Rail Transit District (SMART)
5401 Old Redwood Highway Suite 200
Petaluma, CA 94954
Mitch Stogner,
Executive Director
North Coast Railroad Authority
419 Talmage Road, Suite M.,
Ukiah, CA 95482
John H. Williams
President and CEO
Northwestern Pacific Railroad Co.
250 Cambridge Avenue, Suite 250, Palo Alto, CA 94306
Highway / traffic control / law enforcement authority having jurisdiction over
vehicular traffic at grade crossings within the quiet zone:
Chief Diana Bishop
San Rafael Police Department
1400 5th Ave,
San Rafael, CA 94901
Page 4 of 7
CITY OF SAN RAFAEL] 1400 FIFTH4v'�kii_Eft
Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey, Councilmember • John Gamblin, Councilmember - Andrew Cuyugan McCullough, Councilmember
Chief James Berg
Novato Police Department
909 Machin Avenue
Novato, CA 94945
Sheriff Robert T. Doyle
Marin County Sheriff's Office
1600 Los Gamos Dr. #200
San Rafael, CA 94903
Landowner having control over any private highway -rail grade crossings within the
quiet zone:
NORTH AVENUE CROSSING, USDOT NO. 863510L
Bob Herbst, Airport Manager
San Rafael Airport
400 F Smith Ranch Road,
San Rafael, CA 94903
ROWLAND PRIVATE CROSSING 1-2 USDOT NO. 859166F
Raul M. Rojas, County Purchasing Agent, Director, Public Works
Marin County Flood Control & Water Conservation District
3501 Civic Center Drive, Suite 304
San Rafael, CA 94903
GOLDEN GATE PLACE PRIVATE CROSSING, USDOT NO. 859201 S
Denis J. Mulligan, General Manager
Golden Gate Bridge, Highway & Transportation District
P.O. Box 9000, Presidio Station,
San Francisco, CA 94129-0601
ST. VINCENTS SCHOOL -BOYS, USDOT NO. 863506W & 863507D
Kent Eagleson, School Director
St. Vincents School -Boys
1 St Vincents Dr,
San Rafael, CA 94903
Page 5 of 7
CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG
Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember
State agency responsible for road/grade crossing safety
David Stewart, P.E.
California Public Utilities Commission
Rail Crossings and Engineering Branch
180 Promenade Circle, Suite 115, Sacramento, CA 95834
Michael Robertson, P.E., Manager
Rail Crossings and Engineering Branch
California Public Utilities Commission
Safety and Enforcement Division
320 W. 4"' St. Suite 500
Los Angeles, CA 90013
Lauren Clauson
California Department of Transportation (Caltrans)
Railroad Crossing Safety Branch Chief
PO BOX 942874, MS 74
Sacramento, CA 94274-0001
Associate Administrator, FRA
LeeAnn Dickson
Regional Grade Crossing Manager
USDOT/Federal Railroad Administration, Region 7
8011 Street, Ste. # 466
Sacramento, CA 95814
Associate Administrator for Safety
Federal Railroad Administration
1200 New Jersey Avenue, SE, MS -25
Washington, DC 20590
Parties to be notified via certified mail, return receipt requested:
Matthew H. Hymel, County Administrator
County Administrator's Office
3501 Civic Center Drive, Suite 325
San Rafael, CA 94903
Cathy Capriola, City Manager
City Manager's Office
922 Machin Ave,
Novato, CA 94945
Page 6 of 7
Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember
ACTION:
Please consider this Notice of Intent as the beginning of the required 60 -day comment
period in the quiet zone process.
The 60 -day comment period for the Combined City of Novato — County of Marin — City
of San Rafael quiet zone will end on December 191h 2016, or when written comments or a
"no comment" statement is received from each recipient of this notice. The attached form
is provided to facilitate your response to this notice but you may also contact me if you
have any questions.
Sincerely,
Bill Guerin, RA
Director of Public Works, City of San Rafael
Page 7 of 7
Gary O. Phillips, Mayor • Kate Colin, Vice Mayor - Maribeth Bushey, Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember
AGENDA ITEM 10
S O N O MA -MAR I N
AREA RRSIT
October 19, 2016
Judy Arnold, Chair
Marin County Board of Supervisors Sonoma -Marin Area Rail Transit Board of Directors
Barbara Pahre, vice chair 5401 Old Redwood Highway, Suite 200
Golden Gate Bridge, Petaluma, CA 94954
Highway/Transportation District
Jim Eddie SUBJECT: Start of Passenger Service
Golden Gate Bridge,
Highway/Transportation District
Debora Fudge Dear Board Members:
Sonoma County Mayors and
Councilmembers Association RECOMMENDATION: Target passenger service launch for late spring 2017
Eric Lucan (Discussion and Information) - - - - -
Transportation Authority of Marin
Jake Mackenzie
SUMMARY:
Sonoma Mayors and Councilmembers
At your September 21 Board meeting, various staff members informed your
Association
board and members of the public on the progress of the SMART project.
Stephanie Moulton -Peters
We also reported on work that needs to be completed in anticipation of the
Marin Council of Mayors and
Councilmembers
potential opening of passenger service at the end of 2016. These projects
and tasks will continue and are still on target for the beginning of passenger
Gary Phillips
Transportation Authority of Marin
service. This presentation also demonstrated the very complex and
David Rabbitt
challenging nature of this initial 43 -mile system.
Sonoma County Board of Supervisors
Carol Russell
However, in order for us to begin our revenue service a number of major
Sonoma Mayors and Councilmembers
items must be completed in sequence in order for us to be confident that
Association
safe and reliable service can be provided. These are also many of the steps
Kathrin Sears
required to receive approval from the Federal Railroad Administration (FRA)
Marin County Board of Supervisors
to begin passenger service.
Shirlee Zane
Sonoma County Board of Supervisors A recent development with our train car engines, and our goal of addressing
all issues prior to the start of passenger service make it difficult to meet our
existing timeline. We would much rather address any and all issues before
Farhad Mansourian
General Manager we open, so that we can provide the safe and reliable service we have
promised on Day One, even if it means waiting a few months longer.
SRedwood Highway
Suiteuite 200 y we wdiscussing these major Today ill be diin thor tasks that remain and review our
20
Petaluma, CA 94954 progress thus far:
Phone: 707-794-3330
Fax: 707-794-3037
www.sonomamarintrain.org TRAIN CARS
Our train car is a Diesel Multiple Unit (DMU) designed and built by Nippon
Sharyo, which is one of the top train car manufacturers in the world. Since
receiving our 14 train cars, we have been testing the cars themselves and
conducting training for our engineers for signal testing.
Page 81 of 91
SMART Board of Directors
October 19, 2016
Page 2 of 4
As with any new design and construction project, we have had our share of challenges, but in
partnership with our train car vendor and their sub -contractors we have been addressing these
issues while continuing to test our system.
In early July we received notification from our car designer that a similar car in Toronto had
experienced an engine failure, and that they were working with their vendor (Cummins Engines)
to address the cause and the potential solutions. Cummins has informed us that this failure was a
result of a design flaw with the crank shaft. We then sent our Superintendent of Vehicles and our
Vehicle Engineers to Cummins' facility in Indiana so they could all work together and recommend
the right course of action.
The attached report from our Vehicle and Systems Engineering Program Manager provides the
details of this issue. This report concludes that the nature of the engine problem creates an
uncertainty and a risk that— particularly for a brand new service such as ours with a single track
operation— should not be taken. The attached letter, dated October 13, from our car
manufacturer describes an aggressive schedule that includes design, production and full
replacement of all of our engines that continues through the spring of 2017.
SIGNAL TESTING
SMART is in the process of systemwide testing, including testing its grade crossing warning
devices. While this testing is being performed, and until the testing is complete and certified,
SMART's train crews are required by operating rules to approach each grade crossing prepared to
stop. This operating rule is communicated to train crews by listing each grade crossing on the
system as "malfunctioning" on SMART's Daily Operating Bulletin, which is the document that the
train crews refer to each day as they operate through the alignment. The "malfunctioning" term
is part of the General Code of Operating Rules, which is used by railroads across the United States
and is being applied to all crossings, despite the fact they are not all malfunctioning. This cautious
approach is being taken with public safety in mind, as it ensures that each train will be able to
stop before entering the crossing if there are any issues with grade crossing warning devices, or if
they see a safety emergency, such as cars stopped on the tracks. That testing is progressing well,
and we are preparing to enter the next stage of testing more frequently and at increased speeds.
We have 63 active at grade crossings that have to perform consistently and repeatedly
individually, as a block and then in complete harmonv with the train cars, and with the required
Positive Train Control system. This systemwide safety testing is extensive, complex and essential
as we progress toward the start of our passenger service. Conducting this systemwide testing is
required to ensure our crossing gates, our train control and communication systems, and our
train cars are working properly and efficiently.
In order for our system to determine train location, speed and direction, the train's wheels and
the rail itself must consistently touch and maintain electrical contact. The electrical circuit
between the rail and the train's wheels and axles is referred to as a "shunt", and the activity of
this electrical circuit as the train moves down the track is referred to as "shunting".
Page 82 of 91
SMART Board of Directors
October 19, 2016
Page 3 of 4
Because our train cars are new, our rail is new, and because we are not running trains as
frequently as needed, the shunting is inconsistent, causing some of our signals to perform
inconsistently.
The solution for resolving inconsistent shunting, which is common among railroads throughout
the country, especially new startup railroads with new rail, is consistent train operation and
consistent maintenance, such as grinding and scrubbing the rail. We now have been running
trains from 8 a.m. to 8 p.m. on weekdays and from 9 a.m. to 8 p.m. on weekends throughout the
system. We also have been regularly scrubbing the rail at night in many of the segments. As a
result of these efforts we are seeing improved shunting, and we are planning on beginning the
next phase of testing at higher speeds in some of these areas.
Moving into this next phase of testing is excellent news — and it moves us closer to the next
phase of testing our schedule, and closer to starting service.
STAFFING
We need to have a complement of 80 people in our operations department who can operate the
train, maintain our signal and rail system, and maintain our train cars. In July we reported to your
Board that due to the high cost of living and excessive housing costs, we were having a difficult
time attracting experienced rail personnel to join our agency. At that time we were more than a
dozen positions short. We recommended a more generous salary and relocation expenses for the
three critical and most difficult to fill positions. Thanks to your Board's approval, we have now
hired most of the staff we need. We have a few more positions to fill, and we have a number of
applicants now going through background checks. The next step is to train and certify the new
staff per the FRA requirements.
NEXT STEPS
Bringing a major train project online involves much work. And our work continues. Here is a
summary of some of the key next steps for our SMART team:
■ Replacement of our train car engines will begin in November and continue through March
of 2017.
■ Systemwide testing will move forward, with trains running more frequently. SMART will also
begin testing in preparation for FRA approval of its Positive Train Control system, making us
among the first in the nation to use this new safety technology.
■ SMART will also begin testing its draft schedule to make any adjustments needed in
advance of starting service. Providing our transit partners with our final schedule will allow
them to adjust their schedules to ensure our customers have a smooth and seamless
commute.
CONCLUSION
SMART staff and our contractors and consultants have been working very hard in order to make
the targeted 2016 start date a reality. We understand that the public is anxiously waiting for
service to begin, and we appreciate their support and their patience during our systemwide
safety testing process.
Page 83 of 91
SMART Board of Directors
October 19, 2016
Page 4 of 4
SMART has always been transparent and we work hard to maintain public trust. That means
sharing our challenges, as well as our successes. This new engine problem, and the need to
complete our systemwide safety testing and all of the required approvals from FRA has led me to
the conclusion that beginning of passenger service by the end of 2016 is not advisable. We must
open our doors only when our system is safe, reliable and dependable, and not a moment sooner.
This short delay will ensure we achieve that goal, and get it right from Day One.
We will be working even harder and target the late spring 2017 as our beginning of passenger rail
service. I will provide you and the public with monthly progress reports, as we move this complex
public transportation project forward and ready for passengers.
FISCAL IMPACT: The delay of targeted service will decrease our revenue and increase our testing
expenses but could be offset by existing contractual duties and obligations.
IFarV I k
ad Mansourian
General Manager
Attachment(s):
1. LTK Letter dated October 14, 2016
2. Sumitomo Corporation of Americas Letter dated October 13, 2016
Page 84 of 91
LTK Engineering Services
Member of the Klauder Group
1318 Redwood Way, Suite 110
Petaluma, CA 94954
October 14, 2016
Mr. Farhad Mansourian
General Manager
Sonoma -Marin Area Rail Transit
5401 Old Redwood Highway, Suite 200
Petaluma, CA 94954
Dear Mr. Mansourian:
The purpose of this letter is to advise you of our recommendation, as requested, regarding the recent
developments surrounding SMART's vehicle engines.
Background Event
As you know, the Toronto Airport rail service, established last year by the Ontario provincial rail agency,
Metrolinx, is operated with Diesel Multiple Unit (DMU) equipment functionally identical to SMART's,
and, in fact, purchased through an option on SMART's own vehicle procurement contract with
Sumitomo Corporation of America (SCOA). The diesel engines used in the SMART and Toronto DMUs are
manufactured by Cummins, Inc. On July 6, 2016, SMART was notified by SCOA that an engine in one of
the DMUs being operated in Toronto had had a complete in-service destructive failure, the previous
week. A piston rod penetrated the engine block, causing the engine to shut down and the train to lose
power.
The train was taken to the maintenance facility where the failed engine was torn down and examined by
Metrolinx, the carbuilder, and the manufacturer. On September 7, 2016, SMART was notified by SCOA
that the failure was due to an underlying design flaw in the engine's crankshaft. Responding to this
news, SMART's Vehicle Maintenance Superintendent, supported by LTK vehicle engineers, travelled to
the Cummins Engine facility in Seymour, Indiana, and on September 14 met with Cummins, carbuilder
Nippon Sharyo and SCOA. At that meeting it was agreed that the engines would be rebuilt with a new
crankshaft designed for the life of the engine, as soon as possible.
Cummins Engine Rebuild Schedule
In an effort to compress the retrofit schedule, SMART's contractor team is providing two new engines
with re -designed crankshafts for this program for use as "float", so that cars are not out of service for a
Page 85 of 91
Mr. Mansourian
October 14, 2016
Page 2 of 3
longer period than the actual engine replacement time. The program is scheduled to begin at the end of
November, pending delivery of parts needed to assemble the replacement engines. SMART's engines
will be removed one at a time and replaced until all cars have modified engines. To minimize disruption
to SMART's current integration testing activities, each engine change -out will take place over a
weekend. Repair of a removed engine and preparation for reinstallation takes just over a week, which is
why two extra engines are required to meet a vehicle modification rate of one per week. Provided the
work begins on time, and realistically taking holidays into account, all 14 cars will be re -engined by April
2017.
Effect of Cummins Engine Rebuild Schedule on SMART Operations
Given the timing of the engine modifications in relation to readiness for revenue service, SMART must
assess whether to begin revenue service while the engine rebuilding work is underway. There are
several factors that must be taken into account, including operational considerations.
From the supplier's point of view, the odds of an unmodified engine failing in service while the
modification program is under way are reasonably low. In addition, the failure in Toronto did not result
in a hazard to passengers. A system operator might decide the risk, though not zero, is low enough that
service could begin while the program is underway. Indeed, despite the July 6 engine event, the Toronto
Airport service has remained in continuous operation. Although its DMU trainsets have performed
more than ten times the service hours as SMART's have in test, the Toronto fleet has not suffered
another crankshaft failure in the last four months.
However, after consultation with SMART's Operating and Maintenance staff, in which the SMART -
specific risks and consequences were reviewed, LTK recommends that SMART not beein service until the
ewe modifications are complete. The operating considerations influencing this recommendation are
presented below.
SMART's conceptual revenue service timetable for the Initial Operating Segment requires six trainsets
for peak service. SMART has 14 cars, or seven trains. The starting point for service on a railroad with a
very low spares ratio such as this must be high reliability, and a known vulnerability runs counter to this
principle.
In the event of this type of engine failure during service, the vehicle pair would lose power. From that
starting point the operational results could range from the train proceeding at a limited speed of 30mph
to a delayed arrival at the end of the line, by using the remaining engine in the DMU pair, to a more
significant stranding of passengers mid -trip and initiation of a bus bridge. Depending on the severity of
the event, the latter worst case, however unlikely, could require a mid -route evacuation of passengers.
Given the lengthy segments of single track, and layout of passing sidings based on robust operating
speeds, it is our opinion that even under the best circumstances the timetable schedule could not be
maintained. Scheduled service could only resume at the next peak period, that is, afternoon of the same
day or the following morning. In either of the aforementioned scenarios, once a spare train were put
into service in the next peak period, SMART would be in a highly undesirable zero -spares situation until
the next weekend's engine replacement.
Page 86 of 91
Mr. Mansourian
October 14, 2016
Page 3 of 3
Any time SMART has major delays or is forced to rely on a bus bridge, there will likely be a loss in
passenger confidence in the system. There is not a "spare" fleet of busses with drivers on standby in the
region to supply a bus bridge with sufficient capacity during peak periods, and although SMART is
working with local operators to provide this service whenever possible for them to do so, the delay in
passengers reaching their destination were a bus bridge to be needed would be unavoidably significant.
The risk to a start-up running under the circumstances associated with potential failure during engine
modifications, and SMART's operating constraints is that perceived service problems could lead to a
public characterization of the system as unreliable, one that fails to meet the demands of a commuting
public that requires consistent on-time performance. It can take time to convince lost customers to ride
even after the problem is resolved. This would be costly to SMART, therefore, waiting until the engine
modifications are complete to begin revenue operations is a reasonable approach.
In light of the factors discussed above, we recommend that before opening, all engine modifications be
completed and tested.
Sincerely,
w 41A
Lisa M. Cobb, PE
Senior Engineer, SMART Program Manager
Page 87 of 91
Sumitomo Corporation of Americas
October 13, 2016
Mr. Farhad Mansourian
General Manager
Sonoma Marin Area Rail Transit District
5401 Old Redwood Highway
Petaluma, CA 94954
Contract: SMART Contract No. VS -EQ -10-001
Subject: DMU Readiness
Dear Mr. Mansourian:
Please reference our ongoing discussion regarding issues with the Cummins QSK-19R
engine that is installed in SMART's Nippon Sharyo DMUs. Sumitomo and Nippon Sharyo
(SCOA/NS) have been proactive and transparent with SMART since the crankshaft
issue first came to light, beginning in end of June 2016 when we informed SMART that
an engine had failed in one DMU operated by Metrolinx in Toronto, through reporting
results of Cummins' root cause analysis, to agreement on corrective action.
Although our vendor, Cummins, has recommended that the crankshaft replacement
does not need to occur immediately but can be deferred until "mid-life" maintenance,
SCOA/NS has tajw a more proactive a prnach and requestedthat Cummins replace all
old -design crankshafts as soon as practicable. Cummins has agreed to this approach
'gnu, together with the support of SMART and SCOA/NS, has developed a campaign
schedule to complete crankshaft replacement on all SMART DMU engines — together
with additional engine improvements — between November 2016 and March 2017.
/ We are committed to work with SMART on this issue to get all issues resolved as soon
as possible.
We would be happy to answer any questions or concerns you may have regarding the
Cummins engine or the Nippon Sharyo DMU's readiness for service.
Very truly yours,
Hideyuki 'Hugh' Ninomiya
Program Manager
SMART DMU Program
Page 88 of 91
99 NIPPOPI SHARYO MANUFACTURING, LLC
October 12, 2016
Mr Hideyuki Ninomiya
Sumitomo Corporation of Americas
2340 S. Arlington Heights Road
Suite 605
Arlington Heights, IL 60005
Subject: SMART DMU Cummins Engine
Dear Mr. Ninomiya,
As we have discussed, attached please find a letter from Cummins, Inc which
describes the current status of their engine field modification
Please forward the same to SMART for their review and understanding.
If you have any questions, please feel free to contact us.
Sincerely Yours,
Akira "Kevin" Koyasu
President
Cc: T. Shirai
T. Ishihara
T. Morita
K. Atsumi
Y. Suzuki
1600 Ritchie Court, Rochelle, IL 61068 TEL (815)562-86001 FAX: (815)561-3630
Page 89 of 91
October 12, 2016
Akira Kevin Koyasu
Nippon Sharyo USA
Dear Kevin:
Thank you for your October 6 email regarding SMART. Cummins
understands the customer's concerns and appreciates you bringing
them to the forefront of our on-going discussion. Based on our
analysis of the SMART application, Cummins has recommended it is
possible to wait to replace the crankshaft at engine mid-life. However,
we understand Nippon Sharyo and SMART would like to proceed
with crankshaft replacement as soon as possible which Cummins is
prepared to implement.
To accommodate Nippon Sharyo and SMART's schedules, which we
understand are based on when SMART plans to begin revenue
service, Cummins plans to begin the crankshaft campaign as soon as
November 14th with new design gaskets. With Nippon Sharyo and
SMART's cooperation, we will continue at a rate of one engine
replacement per weekend until the replacements are complete. At
this time, we communicated we will have completed engine
replacemdnts on the SMARI-aWlication on or before Aoril 2017_
However we are working with SMART to try to push that date up as
they have requested. Cummins is currently working on that but would
like to start the campaign in November s n d. To further
expedite this process, Cummins proposes that the engine and
transmission be assembled prior to the engine swing.
Page 90 of 91
Again, thank you for your time and attention to this issue. We look
forward to resolving this together on behalf of the customer.
Sincerely,
Melina Kennedy
General Manager — Rail and Defense
Cummins Inc.
Page 91 of 91