HomeMy WebLinkAboutPW SMART Quiet ZonesAgenda Item No: 6.a
CITY OF
Meeting Date: December 1, 2014
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY MANAGER'S OFFICE
Prepared by: Nancy Mackie, City Manager �=
SUBJECT: Recommendation regarding establishing a SMART Quiet Zone
RECOMMENDATION: Direct staff to timely initiate a Notice of Intent to Establish a Quiet Zone
so that the Quiet Zone will be established at the time of commencement of the SMART train
operations.
BACKGROUND: Sonoma Marin Area Rail Transit (SMART) is a commuter rail service
currently under construction in the North Bay with plans to commence its operations by the end
of 2016. The initial operating segment (IOS) includes two stations in San Rafael with train
service, the first is located near the Marin County Civic Center and the second is at the IOS
line's culmination before Third Street in Downtown. Ultimately, SMART plans to connect to the
Larkspur Ferry Terminal. Attachment 1 shows a map of the SMART corridor through San
Rafael.
The San Rafael General Plan 2020 includes the following program that supports efforts to
reduce noise impacts related to SMART:
N-8. Sonoma Marin Area Rail Transit. If a commuter rail service or other use is
developed along the Sonoma Marin Area Rail Transit right-of-way, minimize
noise impacts on existing development.
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.
Currently there are 36 Quiet Zones in California, covering 181 grade crossings. The closest
Quiet Zones geographically are in Richmond. Richmond has several Quiet Zones in place,
dating to 2006.
In August 2009, then General Manager of SMART asked jurisdictions to indicate potential
interest in a Quiet Zone in their community and San Rafael submitted a letter on August 9, 2009
to indicate such interest. Since that time, Public Works staff has worked with SMART to identify
crossings in San Rafael to include in a potential Quiet Zone and with the Federal Railroad
Administration (FRA) and California Public Utilities Commission (CPUC) to conduct a diagnostic
review of each crossing. In 2013, the City hired a consultant to determine and confirm that all
crossings in San Rafael met the criteria for a Quiet Zone. This assessment is complete and the
FOR CITY CLERK ONLY
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
proposed San Rafael Quiet Zone meets the criteria for designation. Public Works staff is now
working with SMART on the design and construction plans for crossing improvements. At the
August 18, 2014 City Council meeting, an overview of all matters related to SMART was
presented to the City Council. One of the ten items discussed for follow-up was the issue of a
Quiet Zone.
Community Meetings
In August and September, the City Council Subcommittee on SMART held three community
meetings to discuss the issue of Quiet Zones and understand the pros and cons associated
with them. Over 100 residents attended each meeting. The meetings included a presentation by
the City's consultant about what a Quiet Zone is and where the City is in the process for
potentially establishing one in San Rafael, as well as a Q&A and comment period to hear
resident and neighborhood concerns. All comments voiced were in support of the City
establishing a Quiet Zone. The following link is a video of the September 18, 2014 meeting:
hft ://hit.l /ltfdTdB.
In summary, supporters of Quiet Zones stated that the noise of the horns would negatively
affect their quality of life, in homes, daycare centers, places of worship, schools, and places of
commerce, due to proximity to the train line and frequency of the train each day. Many stated
that train horns will be detrimental to their physical and mental health due to the high decibel
levels and may depress property values and/or cause residents to move. Further it was stated
that crossing safety improvements being installed (discussed below) will provide ample safety
measures. There was great community interest in participating in safety education campaigns,
in coordination with SMART as well as directly from San Rafael community members.
In addition to hearing comments from the community at the workshops, the City Council and
City staff has received over 20 letters, 84 emails, and 612 petition signatures in support of
establishing a Quiet Zone in San Rafael, on file with the City Clerk or via this link:
www. cityofsanrafael. org/QZcom meats.
Trains, Horns, and Quiet Zones
Trains and crossing safety in California is regulated by the Federal Railroad Association (FRA)
and the California Public Utilities Commission. The City of San Rafael has no regulatory
authority. Trains are required to sound horns when approaching public crossings during all
hours of operations. The horns sound in a pattern of 2 long, 1 short and 1 long blast at a level
between 96-110 dB, which is approximately as loud as a chain saw.
One option to reduce train operation noise is to qualify for a Quiet Zone under rules established
by the Federal Railroad Administration. As noted above, in a Quiet Zone 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. Bells and ringers still operate as well as flashing lights. The train will
still sound its horn briefly upon leaving each of San Rafael's two stations. In addition, even with
a Quiet Zone in place, each train engineer also has discretion to sound the horn as a warning in
an emergency situation. To be eligible for Quiet Zone designation, specific alternative safety
improvements must be installed at intersections.
Improvements at the crossings must be constructed such that the level of risk is the same or
lower than provided by use of the train horn. Such improvements vary by crossing. Each
roadway approach to the crossing must be equipped with an advance warning sign advising
drivers that trains do not sound their horns at the crossing.
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SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
SMART has committed to install these safety improvements, called "supplemental safety
measures" (SSMs) at each public crossing in San Rafael (see Attachment 2). These are
physical improvements that are designed to result in a lower level of risk than would exist if only
the horns sound, thus making the corridor eligible for a Quiet Zone designation. The following
table shows each crossing and the proposed safety measures for SMART's IOS:
Crossing Location
SAFETY IMPROVEMENTS
Quad Duals
Gates Gates with
Median
Dual
Gates
Pedestrian
Gates
Smith Ranch Road
�l
San Rafael Airport / Silveira
�l
Civic Center Drive
CIVIC CENTER STATION
Las Gallinas Ave (pedestrian only)
�1
North San Pedro Road
Paloma Avenue
�l
Pacheco Street
Mission Avenue
�l
5 Avenue
4 Street
�l
DOWNTOWN SAN RAFAEL STATION
The City's consultant used the FRA Quiet Zone Calculator to determine whether the Quiet Zone
Risk Index of the proposed Quiet Zone is less than or equal to the Nationwide Significant Risk
Threshold.
As noted above, trains may still sound horns in emergency situations, such as when a car or
pedestrian is on the tracks. Trains are also required to sound horns when accelerating from a
stopped position, such as leaving a station and when crews and equipment are working on the
track.
The following summarizes the steps to be taken to establish a Quiet Zone and San Rafael's
status in the process:
1. The City identifies crossings to be included in the Quiet Zone (Completed)
2. A Diagnostic Team Review is conducted with SMART, FRA, and CPUC. (Completed)
3. The City uses the FRA risk calculator to assess if zone qualifies. (Completed)
4. The City provides written Notice of Intent (NOI) to SMART, North Coast Railroad
Administration, private crossing owners, CPUC, and FRA. There is a 60 -day comment
period. (Recommendation of this staff report)
5. SMART installs safety measures and signs and the City updates the National Grade
Crossing Inventory with the new safety measures installed.
6. The City provides a Notice of Establishment to the same parties as the NOI. There is a
21 -day waiting period before horns can be silenced.
ANALYSIS: The City Manager recommends that the City Council Direct staff to timely initiate a
Notice of Intent to Establish a Quiet Zone for all the crossings in the Initial Operating Segment
3
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
so that the Quiet Zone will be established at the time of commencement of the SMART train
operations. The intention of this action is to ensure that the Quiet Zone is established prior to
the commencement of SMART's commercial operation date in late 2016. It should be noted that
it will be necessary for SMART to sound train horns during their operational testing phase prior
to commercial operations.
It is not yet possible to determine Quiet Zone feasibility for the segment of tracks south of Third
Street due the level of engineering details available at this time. SMART has not yet secured
funding for the segment connecting the Downtown San Rafael station to the Larkspur station.
Once SMART has secured funding for that connection, City staff will work to determine Quiet
Zone eligibility. At this time, further design and detailed analysis will be required for the rail
segment to Larkspur before staff will be able to make a recommendation on a subsequent
extension of the San Rafael Quiet Zone to the final segment. Therefore, it is the
recommendation of this staff report to pursue the establishment of a Quiet Zone for the
segment of track north of Third Street.
Handling of Incidents
The City's Police and Fire Departments have been actively working and will continue to
coordinate with SMART on a public safety committee. They have discussed coordinating
emergency response for any incidents on or near the line. Law enforcement agencies in both
Sonoma and Marin Counties are working together to come up with a comprehensive approach
to deal with accidents. Each law enforcement jurisdiction will likely be responsible for crimes
that occur at a station in their jurisdiction or a train passing through. The San Rafael Fire
Department will be the primary response unit for all fire, rescue and emergency medical
incidents involving SMART within the San Rafael Operational area.
Safety Education
SMART currently offers presentations for schools, neighborhood, and community groups
through a program called California Operation Lifesaver. This organization educates the public
on how to make good decisions around railways and encourage the citizens to become active
participants in the rail safety of their communities. City staff is committed to assisting in public
education to supplement SMART's efforts.
Insurance and Indemnification
Without a Quiet Zone, Federal Railroad Authority regulations would require that SMART trains
sound their horns. If there were a train accident, the failure to sound the horn could be a theory
of liability against SMART, although that might not be the sole theory of liability for the accident
and claims might still be made against others, including the City.
However, upon the City's creation of Quiet Zones with appropriate supplementary safety
measure improvements, in the event of a train accident, failure to sound the train horn should
no longer constitute a theory of liability against SMART. Consequently, under existing
principles of law, the determination whether SMART or the City or possibly another party would
bear liability for a train accident would have to be determined based upon proof of fault as to
other factors involved in the accident. In this regard, some existing governmental immunities
may be available to protect the City from liability. In connection with such potential liability,
SMART has requested that the City sign an agreement obligating the City to indemnify SMART.
The City Attorney currently is evaluating this request.
The City has a self-insured retention of $500,000. Liability insurance in excess of the retention
4
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
amount up to a maximum of $40 million is provided to the City through the California Joint
Powers Risk Management Authority (CJPRMA). Such coverage would respond to a direct
claim or an indemnity claim based on an accident on the SMART tracks.
California Public Utilities Commission
CPUC staff has indicated that the Commission recommends against the initial establishment of
a Quiet Zone based on public safety and protecting motorists and pedestrians from injury or
death. They have stated that jurisdictions located in the SMART corridor should at least
consider waiting until between 6 months and one year after SMART service initiates to consider
implementing Quiet Zones based on the fact that the local population has not experienced
trains on the tracks for many years and the presence of trains would likely be unexpected. They
recommend sounding train horns until the local population is conditioned to expect and watch
for trains. We can expect these comments and possibly others to be submitted during the 60 -
day comment period for the Notice of Intent.
Timinq and Next Steps
The intent of this process is to establish a Quiet Zone prior to SMART's commencement of
commercial operations in late 2016. SMART is currently in the construction phase, which
includes crossing improvements that meet the Quiet Zone requirements. Should the City
Council direct staff to proceed, liability details will be finalized and staff will return to the City
Council with a Resolution to file a Notice of Intent. This filing includes a 60 -day comment period.
Following that, the City can file a Notice of Establishment. Attachment 3 shows the process for
establishing a Quiet Zone prior to the commencement of SMART's service in late 2016.
FISCAL IMPACT: At this time, there are no known fiscal impacts from this action
ACTION REQUIRED: Provide direction to staff.
ATTAC H M E NTS
1. Map of Proposed Quiet Zone
2. SMART's publication of "Quiet Zone Safety Measures to be built by SMART"
3. Timeline for Quite Zone Process
5
Map of Proposed Quiet Zone
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ATTACHMENT 1
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AREA RAI L T R A N S I T
QUIET ZONE
SAFETY MEASURES
TO BE BUILT
BY SMART
FROM SAN RAFAEL TO SANTA ROSA
JUNE 2014
ATTACHMENT 2
Table of Contents
GENERAL STATION AND GATES CONFIGURATION PAGE
STATION CONFIGURATION 2
QUADRANT GATES 3
2 ENTRY GATES & 1 EXIT GATE WITH MEDIAN 3
ENTRY GATES WITH MEDIANS 3
ENTRY GATES 4
PEDESTRIAN GATES AND SWING GATES 4
UIET ZONE READINESS OVERVIEW
SAN RAFAEL
5
NOVATO
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PETALUMA
7
ROHNERT PARK/COTATI
8
SANTA ROSA
9
SONOMA COUNTY
10
1
ATTACHMENT 2
C.m . . MART General Station & Gate
AIREA RAIL TRANSIT
Configurations
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PROFILE
N.T.S.
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ROADWAY
GENERAL STATION LAYOUT
NOTES
T. PLATFORM CONFIGURATION WILL VARY ACCORDING TO LOCATION
2. PATH OF TRAVEL TO BE ASSESSED BASED ON PLATFORM TRACK CONFIGURATION
ATTACHMENT
QUADRANT GATES
2 ENTRY GATES & 1 EXIT GATE W/ MEDIAN
ENTRY GATES W/ MEDIANS
ATTACHMENT
ENTRY GATES
PEDESTRIAN GATES & SWING GATES
ATTACHMENT 2
San Rafael Quiet Zone Readiness Overview
SMITH RANCH ROAD Entry Gates w/ Median
NORTH AVENUE Entry Gates w/ Median
CIVIC CENTER DRIVE Entry Gates w/ Medians
Pedestrian Gates & Swing Gates
CIVIC CENTER STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
LAS GALLINAS PED XING Pedestrian Gates & Swing Gates
N. SAN PEDRO ROAD Entry Gates w/ Medians
PALOMA AVENUE Entry Gates
PACHECO STREET Entry Gates
' MISSION AVENUE Quadrant Gates
' 5TH AVENUE Quadrant Gates
4TH STREET Quadrant Gates
Pedestrian Gates & Swing Gates
SAN RAFAEL STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
ATTACHMENT 2
Legend
Crossing QZ Ready when
SMART construction is
complete
5
Novato Quiet Zone Readiness Overview
ATHERTON STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
RUSH CREEK PLACE Quadrant Gates
GOLDEN GATE PLACE Entry Gates
OLIVE AVENUE 2 Entry Gates & 1 Exit Gate w/ Median
GRANT AVENUE 2 Entry Gates & 1 Exit Gate w/ Median
FRANKLIN PED XING Pedestrian Gates & Swing Gates
HANNA RANCH ROAD Entry Gates w/ Medians
Legend
Crossing OZ Ready when
SMART construction is
complete
Q W
Q
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IGNACIO PED XING Pedestrian Gates
& Swing Gates 2 Entry Gates Quadrant
& 1 Exit Gate Gates
ROBLAR DRIVE 2 Entry Gates & 1 Exit w/ Median
Gate w/ Median
Needs median
on East Side of
HAMILTON PARKWAY Entry Gates w/ Medians Crossing
Est. $30k Cost
STATE ACCESS PED XING Pedestrian Gates &
Swing Gates
HAMILTON STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
R
ATTACHMENT
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Petaluma Quiet Zone Readiness Overview
_ Legend
CORONA ROAD Entry Gates w/ Medians
Crossing QZ Ready when
SMART construction is
complete
N. MCDOWELL BLVD Entry Gates w/ Medians
SOUTHPOINT BLVD 2 Entry Gates & 1 Exit Gate w/ Median
W. PAYRAN STREET Entry Gates w/ Medians
LAKEVILLE ROAD Entry Gates w/ Median
E. WASHINGTON STREET Entry Gates w/ Median
PETALUMA STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
"D" STREET Quadrant Gates
CAULFIELD LANE 2 Entry Gates & 1 Exit Gate w/ Median
7
ATTACHMENT 2
SMART=
Rohnert Park/Cotati Quiet Zone Readiness Overview
GOLF COURSE DRIVE
ROHNERT PARK EXPWY
Entry Gates w/ Medians
Entry Gates w/ Medians
ROHNERT PARK STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
ROHNERT PARK PED Pedestrian Gates & Swing Gates
CROSSING(2)
ROHNERT PARK PED Pedestrian Gates & Swing Gates
CROSSING(1)
SOUTHWEST BLVD Entry Gates w/ Medians
ROHNERT PARK
COTATI.
EAST COTATI AVENUE Entry Gates w/ Medians
Pedestrian Gates & Swing Gates
COTATI STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
ATTACHMENT 2
nd
Crossing Oz Ready when
SMART construction is
complete
8
Santa Rosa Quiet Zone Readiness Overview
SAN MIGUEL ROAD Entry Gates
Entry Gates w/ Medians
PINER ROAD Pedestrian Gates & Swing Gates
(Pathway Crossing)
W. STEELE LANE Entry Gates w/ Medians
GUERNEVILLE ROAD Entry Gates w/ Medians
Pedestrian Gates & Swing Gates
GUERNEVILLE STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
Legend
Crossing QZ Ready when
SMART construction is
complete
COLLEGE AVENUE 2 Entry Gates & 1 Exit Gate w/ Median
9T" STREET Quadrant Gates
8T" STREET 2 Entry Gates & 1 Exit Gate w/ Median
7T" STREET 2 Entry Gates & 1 Exit Gate w/ Median
6T" STREET 2 Entry Gates & 1 Exit Gate w/ Median
SANTA ROSA STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
411 ST PED CROSSING Pedestrian Gates & Swing Gates
3RD STREET 2 Entry Gates & 1 Exit Gate w/ Median, Pedestrian Gates & Swing Gates
(Pathway Crossing)
SEBASTOPOL ROAD Entry Gates w/ Medians
BARHAM AVENUE Entry Gates w/ Medians
HEARN AVENUE Entry Gates w/ Medians
BELLEVUE/CORBY AVE Quadrant Gates
pi
ATTACHMENT 2
Sonoma County Quiet Zone Readiness Overview
AIRPORT BLVD Entry Gates
AIRPORT STATION
HORN WILL SOUND UPON TRAIN DEPARTURE
RIVER ROAD Entry Gates w/ Medians
FULTON ROAD Entry Gates
SANTA ROSA CROSSINGS
W. ROBLES AVENUE 2 Entry Gates & 1 Exit Gate w/ Median
TODD ROAD Entry Gates w/ Medians
SCENIC AVENUE 2 Entry Gates & 1 Exit Gate w/ Median
ROHNERT PARK/COTATI CROSSINGS
E. RAILROAD AVENUE 2 Entry Gates & 1 Exit Gate w/ Median
OLD ADOBE ROAD Entry Gates w/ Medians
MAIN STREET
/WOODWARD AVENUE
ELY ROAD
Entry Gates w/ Medians
Entry Gates w/ Medians
ATTACHMENT 2
Legend
Crossing QZ Ready when
SMART construction is
complete
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CITY OF SAN RAFAEL
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Esther Beirne
From: Rebecca Woodbury on behalf of City Manager
Sent: Tuesday, December 02, 2014 8:50 AM
To: Esther Beirne
Subject: FW: Copy of Council Contact - All City Councilmembers - 8202838
One more for your records on Quiet Zones
From: form engine@fsl8.formsite.com [mailto:form engine(d)fs18.formsite.com1
Sent: Monday, December 01, 2014 4:56 PM
To: City Manager
Subject: Copy of Council Contact - All City Councilmembers - 8202838
The following email was received through the City Council Contact Email Form on the City web site. A copy
is being forwarded to each member of the City Council.
Council Contact Form
City of San Rafael
City Council
Contact Form
Thank fou for Visiting the City of San Rafael website. This form is available to facilitate contacting our Mayor and Councilmembers
concerning topics of interest to the community Please contact the Cit) Manager's office at 415-485-3070 for any additional assistance.
Note that the Cit) oftian Rafael considers email to Councilmembers as an informal and non -confidential method of communication. Please send a
signed letter ifyou \%ould like to make your comment/question a matter of public record. Mail formal letters to San Rafael City Council. PO Bo\
151560. San Rafael. CA, 94915.
* First Name
Samuel
* Last Name
Cogs« el I
Address 1
Address 2
City
San Ralael
State
CA
Zip Code
94903-225?
Phone Number
* Email Address
* Send email to (select one)
All Citi Councilmembers
* Please enter your questions/comments below
Dear Council members:
None of mN neighbors and mN sell'��ant our neighborhood bombarded with the noise pollution of train horns all dad long in San Rafael - nor at night
We NN ant a "quiet zone" starting dad one of the SMAR I I rain. We kno�N that there are "Supplemental Salet) Measures" that can be used to ensure
safct) - short ol' bla-~ting us all out with diesel horns at key crossings. Please make every effort to implement those modern saleq measures instead ol'
resorting to old lashion and dated noise pollution.
I'hank fou
Samuel Cogswell
ROBERT H. SPOFFORD
61 DUNFRIES TERRACE
SAN RAFAEL, CALIFORNIA 94901
Mayor Gary Phillips
City of San Rafael
1400 Fifth Avenue
PO Box 151560
San Rafael, CA 94901-1560
November 16, 2014
RE: Unresolved SMART Crossing Safety Issue
Dear Mayor Phillips:
I am a member of First Congregational Church, on North San Pedro Road, but
until recently I haven't been much involved in the discussion of quiet zones for
SMART in the city. However, looking at the video of the public work session on
September 18 and the letter the church sent on October 17, I'm not sure the safety
concern the church raised has been explained in enough detail.
The church believes that a serious pedestrian safety hazard exists at the North San
Pedro Road grade crossing. This hazard did not exist when the Diagnostic Team
made their risk assessment of this site, so they did not specify a pedestrian gate on
the south side of the crossing. However, now that SMART construction is
underway at this location, there has been a change in pedestrian walking routes
that makes the hazard obvious.
The church believes that in light of these new walking routes, a pedestrian gate is
required at the south side of the North San Pedro crossing, whether or not a quiet
zone is established there.
Background: Starting back in the I960s, the properties just to the south of the
church. on both sides of the tracks, have been developed with multi -family
housing. The largest project, Pilgrim Park, was built by the church and is explicitly
designated for low-income tenants. For as long as anyone can remember, the
residents of these developments have used the old railroad roadbed to walk
between the buildings in the area. The attached picture #1, from Google Earth,
shows some of the well-established footpaths across the roadbed.
Fwo specific patterns that church members have observed frequently are typical:
1. There is a school bus stop on Pilgrim Way by the church's parking lot.
Most of the kids getting off there go into Pilgrim Park, but some -of them
instead cross the tracks to go up the hill toward the playground behind
Anthem Church, possibly for a day-care program there.
2. There is a steady trickle of adult pedestrians who regularly walk the tracks
from the apartments south of Anthem Church to the our church parking lot
and then cross our front lawn, taking the most direct route from those
apartments to the Golden Gate bus stop at the corner of Merrydale and
North San Pedro. (Picture #2)
A month or two ago, SMART put up temporary fencing to keep pedestrians out of
their construction zone, and they've promised that they will have permanent
fences protecting the tracks erected in this area before the trains roll. That's all as
it should be. However, this has changed the walking patterns so as to create a new
hazard: All of the above foot traffic is now forced to go north to cross the tracks at
the south end of the grade crossing, where there is no sidewalk and no gate to
protect pedestrians from the trains. (Picture #3)
This would not have been clear to the team inspecting the site last spring (when
people still could walk on the roadbed) and even today, you would have to observe
for an hour or two - - or be there when the school bus unloads - - to see
pedestrians crossing the tracks at this location.
The fact that the Diagnostic Team did not identify this risk back when they did
their assessment is understandable. People didn't cross the track at the crossing
back then. However if someone from the city, the consultants or SMART will
spend an hour or two now on a school day afternoon observing the location, the
need for a sidewalk and pedestrian gate on the south side of the crossing will be
obvious.
Please review this hazard and correct it before the details of the quiet zone
Mitigations are all locked -in.
Sincerely,
ccs: Councilmember Maribeth Bushey Councilmember Kate Colin
City Manager Nancy Mackel Councilmember Damon Connolly
Bill Gamlen„ SMART Councilmember Andrew McCollough
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