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CITY COUNCIL AGENDA ITEM NO. 12




Meeting Date: May 14, 2002

Subject/Title: Authorize the City Manager to execute an Agreement with the Union Pacific Railroad to construct an at-grade railroad crossing at the proposed extension of Sand Creek Road, CIP Project No. 336-3061

Submitted by: Engineering: B. Grewal /B. Bornstein

Approved by: John Stevenson, City Manager


RECOMMENDATION
Approve a Resolution authorizing the City Manager to execute an Agreement with the Union Pacific Railroad (UPRR) to construct an at-grade railroad crossing at the proposed extension of 
Sand Creek Road, CIP Project No. 336-3061.

PREVIOUS ACTION
On September 14, 1999, by Resolution No. 99-203, the City Council authorized the City Manager to enter into a Professional Services Agreement with Mark Thomas & Company for the design of Sand Creek Road East, CIP Project No. 336-3061.

On October 12, 1999, by Resolution No. 99-227, the City Council authorized the City Manager to enter into a Professional Services Agreement with Carlson, Barbee & Gibson for Sand Creek Road Central, CIP Project No. 336-3061.

On February 8, 2000, by Resolution No. 2009, the City Council authorized the City Engineer to sign and submit an application to the Public Utilities Commission of the State of California for an order authorizing construction of an at-grade crossing across the Union Pacific Railroad tracks at Sand Creek Road.

BACKGROUND
The City has been working diligently for over 2 years to acquire the necessary approvals from the Union Pacific Railroad (UPRR) and the California Public Utilities Commission (CPUC) for an at-grade crossing of the railroad for the Sand Creek Road Extension, CIP Project No. 336-3061. This proposed design will allow us to build this at-grade crossing at the same time when other portions of Sand Creek Road Extension are constructed.

The City submitted a formal application to the CPUC on March 1, 2002. In this application the City requested approval for the at-grade crossing with the following proposal:

1) To replace the existing at-grade crossing at Lone Tree Way with a new grade separation.

2) Install security/access gates at the East Contra Costa Irrigation District private crossing of the UPRR, eliminating the current unauthorized use of this private crossing.


3) Work with the UPRR to pursue closure of the 6th Street grade crossing of the UPRR in the unincorporated area of Banta, County of San Joaquin.

4) Install all necessary warning devices at the at-grade Sand Creek Road crossing in conformance with UPRR specifications.

On April 4, 2002, the UPRR filed a protest to this application. Generally, if the applicant and the railroad company cannot resolve their differences, the application could be delayed by as long as 6-9 months due to various hearings and legal battles. 

On April 24, 2002, the UPRR submitted a Letter of Agreement to the City stating that if the conditions are agreed upon by the City, the UPRR will promptly notify the CPUC that UPRR is withdrawing its protest. Most of the conditions mentioned in the Letter of Agreement have already been agreed upon by the City and are incorporated in the CPUC application. These items include: 1) prompt submittal of an application to the CPUC for authority to replace the existing at-grade crossing at Lone Tree Way with a new grade separation; 2) Construction of the new grade separation crossing of Lone Tree Way; 3) Installing ECCID security/access gates at the UPRR crossing; 4) Installing all necessary warning devices at the Sand Creek Road at-grade crossing in conformance with UPRR specifications; and 4) The City will actively assist UPRR in its efforts to close the 6th Street grade crossing in the unincorporated area of Banta, County of San Joaquin. 

The only differences in the CPUC application and the proposed UPRR agreement is for construction to begin for the new grade separation at Lone Tree Way by April 1, 2005. Since the Lone Tree Way grade separation project will entail three distinct phases, realigning Fairview Avenue, relocating existing utilities, and constructing the actual undercrossing, the City will most likely be underway with the first phase of this project by the summer of 2003. The City does acknowledge the potential impacts of the grade separation, as well as the fact that the rail line is not active and has not been in service for over 3 years. 

Staff has reviewed this agreement with the project Consultant, the City Manager and the City Attorney. Staff believes that these terms and conditions are workable with our proposal. Execution of our agreement will allow the City to proceed with the CPUC approvals and fulfill the ultimate objective of constructing the Sand Creek Road Extension to connect Brentwood Boulevard to the Highway 4 Bypass.

FISCAL IMPACT
The funding for the Sand Creek Roadway project is funded by facility fees and the costs associated with the at-grade railroad crossing is incorporated in the budget of the Capital Improvement Program. The proposed grade separation of Lone Tree Way is funded by an Assessment District and developer contributions. This project is being incorporated into the 2002/03-2006/07 Capital Improvement Program.

Attachments:
Resolution
Site Map
UPRR Letter of Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE UNION PACIFIC RAILROAD (UPRR) TO CONSTRUCT AN AT GRADE RAILROAD CROSSING AT THE PROPOSED EXTENSION OF SAND CREEK ROAD, CIP PROJECT NO. 336-3061

WHEREAS, on September 14, 1999, by Resolution No. 99-203, the City Council authorized the City Manager to enter into a Professional Services Agreement with Mark Thomas & Company for the design of Sand Creek Road East, CIP Project No. 336-3061; and

WHEREAS, on October 12, 1999, by Resolution No. 99-227, the City Council authorized the City Manager to enter into a Professional Services Agreement with Carlson, Barbee & Gibson for Sand Creek Road Central, CIP Project No. 336-3061; and

WHEREAS, on February 8, 2000, by Resolution No. 2009, the City Council authorized the City Engineer to sign and submit an application to the Public Utilities Commission of the State of California for an order authorizing construction of an at-grade crossing across the Union Pacific Railroad tracks at Sand Creek Road; and

WHEREAS, this agreement between UPRR and the City of Brentwood permits the City to construct an at-grade railroad crossing at the Sand Creek Road Extension, pending California Public Utility Commission (CPUC) approval; and 

WHEREAS, this agreement is imperative in order for the City to continue its proceedings with the CPUC to grant an at-grade crossing at the Sand Creek Road Extension and allow the City to begin construction of the crossing; and 

WHEREAS, the majority of the terms and conditions requested in the agreement by the UPRR were already incorporated into the application submitted to the CPUC on March 1, 2002; and

WHEREAS, the additional conditions imposed by the UPRR which were not included in the CPUC application which include beginning construction of the Lone Tree Way grade separation project by April 1, 2005, are not unreasonable and will allow the City to proceed with the CPUC approvals and fulfill the ultimate objective of constructing Sand Creek Road Extension to connect Brentwood Boulevard to the Highway 4 Bypass.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby authorizes the City Manager to execute the Agreement with UPRR to construct an at-grade railroad crossing at the proposed extension of Sand Creek Road, CIP Project No. 336-3061.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of May 2002 by the following vote: