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RESOLUTION (ID # 4597) DOC ID: 4597 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Chris Alanis M/CC Meeting Date: 09/06/2016
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Execute Memorandum of Understanding No. 17-1001586, to Issue
a Notice of Intent (Noi) to Create a Quiet Zone Along the Metrolink Line Known as the
Shortway Subdivision and to Execute a Notice of Quiet Zone Establishment at the Time
and in a Form Set by 49 Cfr §222. (#4597)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The MOU provides that the City will absorb the cost of permits, plan review, meetings
and inspection. These costs will be charged as regular salaries.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
02/02/15 Resolution No. 2015-025 adopted approving Memorandum of
Understanding No. 15-1001182 with the San Bernardino County
Transportation Commission for the advancement of the Redlands
Passenger Rail Project between the San Bernardino Transit Center and
Redlands.
07/05/16 Resolution No. 2016-137 adopted authorizing the City Manager to issue a
notice
of intent (NOI) to create a quiet zone along the railroad line being
constructed by the Downtown San Bernardino Passenger Rail Project
(DSBPRP) and directing the City Manager to execute a Notice of Quiet
Zone Establishment at the time and in a form set by 49 CFR§ 222.
Background:
The Federal Railroad Administration (FRA) requires that locomotives, while traveling on
railroad lines without a quiet zone designation, sound their horn at every at-grade public
crossing. Therefore, it is desirable to have a quiet zone implemented over railroad lines
in the interest of mitigating as much noise as possible associated with the railroad
1 operation.
Quiet zone designations are administrated by FRA rules titled, "Use of Locomotive
Horns at Highway-Rail Grade Crossings." The rules specify the requirements for a local
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4597
jurisdiction to request and establish a quiet zone within their community. The quiet zone
establishment rules allow for use of one of two methodologies: Supplemental Safety
Measures (SSM) or Quiet Zone Risk Index.
The Request
The San Bernardino County Transportation Commission (SANBAG) submitted the
attached Memorandum of Understanding (MOU) No. 17-1001586 to establish a quiet
zone over a portion of the Metrolink line known as the Shortway Subdivision.
There are two (2) at grade crossings along the Shortway Subdivision. They are Rialto
Avenue and Walnut Street. SANBAG will design and construct all the crossing within
the proposed quiet zone to include Supplemental Safety Measures (SSM's) under 49
CFR §222 and §229.The SSM's will, in general, consist of median constructed on both
sides of the approaches along with the installation of pedestrian channelizing gates.
These improvements will be in addition to the standard automatic crossing arms,
flashing lights, bells, warning signs and pavement markings.
The City of San Bernardino, as government entity with jurisdiction over the roadways
within the Shortway Subdivision Corridor, must take the lead in following the process
proscribed by the FRA. In cooperation with railroad entities (Metrolink and BNSF) and
the California Public Utilities Commission (CPUC), the City assumes responsibility for
implementing improvements to the crossing that reduce the risk to crossing users in the
absence of train horns. The process of establishing the San Bernardino Quiet Zone
includes these remaining tasks:
❑ Issue Notice of Intent (NOI). (Included as Attachment "A")
❑ Conduct a Sixty-day NOI review period.
❑ SANBAG to complete Final construction of crossing improvements, including
quiet zone roadway signs.
❑ Prepare and submit Notice of Quiet Zone Establishment (Sample included as
Exhibit "B").
The attached resolution authorizes the Director of Public Works to issue the NOI. After a
60-day review period, comments may be received. After responses have been provided,
the City can issue a Notice of Quiet Zone Establishment. This document is signed by
the City Manager and finalizes the process.
The above tasks cannot be started until the construction is complete. SANBAG
indicated that construction should be completed later this year.
SANBAG will pay all costs to implement the quiet zone and the City will incur only minor
staff cost. The MOU provides that the City provide plan review, permits and inspection
at no cost to SANBAG.
City Attorney Review:
Supporting Documents:
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4597
RESO Shortway Quiet Zone (DOC)
Shortway Location Map (DOCX)
agrm5 4597 (PDF)
Exhibit B - Sample Notice of Quiet Zone Establishment (DOCX)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
3 MEMORANDUM OF UNDERSTANDING NO. 17-1001586, TO ISSUE A NOTICE OF
4 INTENT (NOI) TO CREATE A QUIET ZONE ALONG THE METROLINK LINE
KNOWN AS THE SHORTWAY SUBDIVISION AND TO EXECUTE A NOTICE OF
5 QUIET ZONE ESTABLISHMENT AT THE TIME AND IN A FORM SET BY 49 CFR
§222.
6 WHEREAS, SANBAG is in the process of upgrading the controls at the highway-rail
7 at-grade crossings along the Shortway Subdivision in conformance with 49 CFR §222 and
§229 to qualify for a quiet zone designation; and
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WHEREAS, establishment of a quiet zone along the Shortway Subdivision is a N
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9 benefit to the City; and d
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10 WHEREAS, all work necessary to establish the quiet zone is being done by 3
11 SANBAG at no cost to the City. c
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12 NOW THREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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14 SECTION 1. That the City Manager is hereby authorized to execute Memorandum of c
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15 Understanding (MOU) No. 17-1001586 with SANBAG, said MOU being attached hereto as D
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16 Exhibit"A"and incorporated herein by this reference.
17 SECTION 2. That the City Manager or designee is hereby authorized to issue a Notice
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of Intent (NOI) to create a quiet zone along the Shortway Subdivision, a sample NOI being w Cn
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included with MOU No. 17-1001586 hereto as part of Exhibit"A".
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21 SECTION 3. That the City Manager is hereby authorized and directed to execute a
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22 Notice of Quiet Zone Establishment along the Shortway Subdivision (Sample attached hereto
23 as Exhibit"B") at the time and in a format established by 49 CFR§222.
24 SECTION 4. That the authorization granted by Section 1 above is hereby rescinded if
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the MOU is not returned to the Office of the City Clerk, executed by all parties, within sixty
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27 days (60) of the passage of this resolution.
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1 SECTION 5. That the authorizations granted in Sections 2 and 3 above are hereby
2 rescinded if the acts authorized are not performed within three (3) years of the passage of this
3 resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
2 MEMORANDUM OF UNDERSTANDING NO. 17-1001586, TO ISSUE A NOTICE OF
INTENT (NOI) TO CREATE A QUIET ZONE ALONG THE METROLINK LINE
3 KNOWN AS THE SHORTWAY SUBDIVISION AND TO EXECUTE A NOTICE OF
4 QUIET ZONE ESTABLISHMENT AT THE TIME AND IN A FORM SET BY 49 CFR
§222.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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7 Common Council of the City of San Bernardino at a meeting
8 thereof,held on the day of ,2016,by the following vote,to wit: o
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9 Council Members: AYES NAYS ABSTAIN ABSENT 3
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MARQUEZ 3
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BARRIOS Cn
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VALDIVIA to
14 SHORETT N
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NICKEL
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16 RICHARD
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20 Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of , 2016. .2
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23
R. Carey Davis, Mayor
24 City of San Bernardino
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26 Approved as to form:
Gary D. Saenz, City Attorney
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(W 28 By.
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Project Location Map
Metrolink Shortway Subdivision
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Legend
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Shortway:rub Grade Crossing I crj
BNSF San Bernardino Sub Q
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BNSF Yards
SCAX San Gabriel Sub
SCAX Shortway Sub
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Memorandum of Understanding No. 17-1001586
MEMORANDUM OF UNDERSTANDING NO. 17-1001586
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION
AND THE CITY OF SAN BERNARDINO
FOR THE IMPLEMENTATION OF A QUIET ZONE ON THE SHORTWAY
SUBDIVISION
This Memorandum of Understanding("AGREEMENT") is made and entered into by and
between the San Bernardino County Transportation Commission ("SANBAG") and the
City of San Bernardino ("CITY"). (SANBAG and CITY are each a "Party" and
collectively "Parties"). The Effective Date of this AGREEMENT shall be the date upon o
which SANBAG executes this AGREEMENT. N
RECITALS cY
WHEREAS, SANBAG owns the Shortway Subdivision railroad right-of-way o
between Mile Post 0.9 and Mile Post 2.2 within the Cities of San Bernardino and Colton N
("ROW"); and
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Cn r WHEREAS, SANBAG has delegated operating and maintenance responsibilities LO
of the ROW to the Southern California Regional Railroad Authority ("SCRRA") who
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operates the Metrolink commuter rail service; and
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WHEREAS, Metrolink commuter rail operations have increased from 8 train-set
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trips to at least 24 train-set trips per weekday within and along the ROW; and
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WHEREAS, due to the increase in train volume and the associated increase in
frequency of train horns, SANBAG will construct civil and signal improvements at the Y
existing at-grade crossing at Rialto Avenue and will construct constant warning circuitry a
improvements at the existing at-grade crossing at Walnut Street, within the City of San
Bernardino, that would meet the Federal Railroad Administration ("FRA") requirements
for the establishment of a Quiet Zone ("PROJECT"); and
WHEREAS, the establishment of a Quiet Zone is governed by the FRA under 49
CFR Part 222 Use of Locomotive Horns at Public Highway - Rail Grade Crossings, and
49 CFR 229 Railroad Locomotive Safety Standards; and
WHEREAS, per FRA guidelines, only the public authority responsible for traffic
control or law enforcement at the highway-rail at-grade crossing can implement a Quiet
Zone; and
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Memorandum of Understanding No. 17-1001586
WHEREAS, SANBAG and CITY recognize that coordination of PROJECT with
CITY is mutually beneficial to both SANBAG and CITY and wish to minimize cost and
schedule disruptions of implementing the PROJECT; and
WHEREAS, SANBAG has need of and desires to reach an understanding with
the CITY in carrying out SANBAG's responsibilities for design, construction,
maintenance and operation of the PROJECT, specifically to define the scope of CITY's
involvement in the review and approval of design drawings, to establish defined review
period time frames, and to acknowledge other necessary steps SANBAG and CITY must
follow to implement the PROJECT.
NOW, THEREFORE,the Parties agree to the following:
ARTICLE 1: TERMS & CONDITIONS
1, The Parties agree that the above referenced RECITALS are true and correct in all o
respects and shall constitute a substantive part of this Agreement and are incorporated N
herein by this reference. This Agreement supersedes any and all prior oral or written
agreements with respect to the PROJECT. cY
2. The PROJECT, as described and depicted in Exhibits A and B attached hereto and o
incorporated herein, is located in the City of San Bernardino.
3. CITY and SANBAG will establish SANBAG's and CITY's responsibilities for
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construction, maintenance and operation of the PROJECT, specifically to define
specified time frames for review and approval of design drawings and permits, and to 0
acknowledge other necessary steps SANBAG and CITY must follow for approval of �t
PROJECT and improvements. E
4. When possible, CITY and SANBAG will coordinate PROJECT construction
schedules with CITY construction schedules, particularly with respect to utility
relocations.
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5. CITY will collaborate with SANBAG to acquire or vacate necessary right-of-way to Q
complete the implementation of the PROJECT, based on the project implementation
schedule to be provided by SANBAG. CITY will also collaborate with SANBAG to
pursue vacation of CITY right-of-way that will no longer be needed for public
purposes upon completion of the improvements.
6. CITY and SANBAG will identify and plan for utility relocations and modifications in
a coordinated manner. Specific agreements will be outlined as to which utilities need
to be relocated,when they will be relocated, and who will perform the work at no cost
to the City, unless otherwise covered by separate existing agreements. CITY and
SANBAG recognize the need to perform this work in a timely and cost effective
manner.
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Memorandum of Understanding No. 17-1001586
7. SANBAG will provide a mechanism to incorporate such PROJECT `Betterments" as
may be requested by the CITY. Betterments are defined as facilities, improvements
or enhancements which are not required for the PROJECT or required by CITY
zoning or building regulations and are enhancements to the PROJECT. CITY will
pay SANBAG for the entire cost of any CITY-requested betterments. Costs will be
negotiated in good faith on a case-by-case basis.
8. CITY shall collaborate with SANBAG on amending existing grade crossing and
utility license agreements as necessary to accommodate the PROJECT.
9. Following completion of the PROJECT, CITY and SANBAG will continue to meet
as needed and confer on the common interests of both with respect to the safe
operation and maintenance of the passenger rail system and CITY facilities, including
potential effects on traffic within the project limits in CITY.
ARTICLE 2: RESPONSIBILITIES OF SANBAG =
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I. SANBAG will identify one or more contact individuals for all PROJECT related
matters. a
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2. SANBAG agrees to design and construct the PROJECT to make it Quiet Zone ready, o
and to assist CITY in completing all required applications and technical studies
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needed to implement a Quiet Zone for the PROJECT, as depicted in Exhibit C.
3. SANBAG agrees to submit to the CITY the 60%, 90%, and 100% plans,
specifications, and estimate packages for review and comment and provide a timely
written response to any comments formally received from the CITY.
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ARTICLE 3: RESPONSIBILITES OF CITY
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CITY agrees to the following responsibilities: E
1. Designate a project manager to be the point of contact between the Parties and to a
coordinate with SANBAG on the design, construction, and implementation of the
PROJECT.
2. Enter into a maintenance agreement with SCRRA for the highway-rail at-grade
crossings at Rialto Avenue and Walnut Street.
3. Attend site diagnostic meetings and execute concurrence documents in compliance
with CPUC General Orders 75-D and 88-B. The CITY will file all federally required
documentation, as depicted in Exhibit C, within the time frame prescribed in 49 CFR
222.3 9, in order to establish a Quiet Zone within its jurisdiction at all crossings
included within the scope of the PROJECT.
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Memorandum of Understanding No. 17-1001586
I 4. Periodically renew the Quiet Zone with the FRA in accordance with Title 49 Code of
Federal Regulation (CFR) Section 222.47(b). The renewal period is every 2.5 - 3
years. A sample renewal letter is depicted in Exhibit D.
5. Invoke its franchise/utility agreements and have its rights under those agreements
imposed on utilities if it is determined utilities are in conflict with the PROJECT and
require relocation. The CITY will formally inform the utilities of the CITY's intent to
exercise its rights and request the relocation of utilities pursuant to the
franchise/utility agreements.
6. Contribute in-kind services to the PROJECT providing at their own costs, but not
limited to, all plan reviews, processing, construction permits, and construction
inspections.
7. Review the 60%, 90%, and 100% plans, specifications, and estimate, and provide
written comments within ten(10) business days after receiving the documents. o
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ARTICLE 4: INDEMNIFICATION
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1. Neither CITY nor any officer, director, employee or agent thereof is responsible for 3
any injury, damage or liability occurring or arising by reason of anything done or o
omitted to be done by SANBAG and under or in connection with any work, authority U)
or jurisdiction delegated to SANBAG under this AGREEMENT. It is understood and
agreed that, pursuant to Government Code Section 895.4, SANBAG shall fully v
defend, indemnify and save harmless CITY, its officers, directors, employees,
contractors and agents from all claims, suits or actions of every name, kind and
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description brought for or on account of injury (as defined by Government Code Ln Ln
Section 810.8) occurring by reason of anything done or omitted to be done by E
SANBAG under or in connection with any work, authority or jurisdiction delegated o
to SANBAG under this AGREEMENT.
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2, Neither SANBAG nor any officer, director, employee or agent thereof is responsible
for any injury, damage or liability occurring or arising by reason of anything done or a
omitted to be done by CITY and under or in connection with any work, authority or
jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed
that, pursuant to Government Code Section 895.4, CITY shall fully defend,
indemnify and save harmless SANBAG, its affiliated entities, members, officers,
directors, employees, contractors and agents from all claims, suits or actions of every
name, kind and description brought for or on account of injury (as defined by
Government Code Section 810.8) occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority or jurisdiction
delegated to CITY under this AGREEMENT.
ARTICLE 5: ADDITIONAL PROVISIONS
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Memorandum of Understanding No. 17-1001586
1. Dispute Resolution. This AGREEMENT shall be interpreted in accordance with the
laws of the State of California except those issues regulated by the Code of Federal
Regulations. Any dispute between the Parties shall be resolved as follows:
a. Representatives of the CITY and SANBAG shall meet and confer in good faith
to resolve the dispute.
b. If unresolved, the dispute shall be referred to the City Manager of CITY and
SANBAG's Executive Director who shall meet and confer in good faith to
resolve the dispute. In the event the dispute is still not resolved, the dispute shall
be referred to the governing bodies of the CITY and SANBAG who shall arrange
to meet and confer through committees, representatives, or delegates to resolve
the dispute. The decisions of the governing bodies shall be final. The CITY and
SANBAG reserve all rights, following completion of the above described
process,to seek appropriate relief or remedy.
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2. The agreement, approval or consent of CITY and/or SANBAG, wherever required N
under this Memorandum of Understanding, shall mean the agreement, approval or
consent of CITY's City Manager and/or SANBAG's Executive Director,
respectively, unless otherwise specified, without need for further action by the 3
Parties' governing boards. o
3. This AGREEMENT shall continue in full force and effect through
December 31, 2017, unless terminated earlier, or extended, by mutual written consent
by both Parties.
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4. All Parties hereto warrant that they are duly authorized to execute this AGREEMENT �
on behalf of said Parties and that by so executing this AGREEMENT, the Parties E
hereto are formally bound to this AGREEMENT. 0
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5. Except on subjects preempted by federal law, this AGREEMENT shall be governed a
and construed in accordance with the laws of the State of California. All Parties
agree to follow all local, state, county and federal laws and ordinances with respect to
performance under this AGREEMENT. Q
6. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable
under applicable present or fixture laws, then it is the intention of the Parties that the
remainder of this AGREEMENT shall not be affected but shall remain in full force
and effect.
7. This AGREEMENT can be amended with a written amendment when agreed upon
and duly authorized to be executed by both Parties.
8. In the event of litigation arising from this AGREEMENT, each Party to this
AGREEMENT shall bear its own costs, including attorneys) fees.
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Memorandum of Understanding No. 17-1001586
9. This AGREEMENT may be signed in counterparts, each of which shall constitute
an original.
10. Any notice required or authorized to be given hereunder or any other communications
between the Parties provided for under the terms of this AGREEMENT shall be in
writing, unless otherwise provided for herein, and shall be served personally or by
reputable courier or by facsimile addressed to the relevant party at the address/fax
number stated below.
11. Notice given under or regarding this AGREEMENT shall be deemed given (a) upon
actual delivery, if delivery is personally made; or (b) upon delivery into the United
States Mail if delivery is by postage paid certified mail (return receipt requested), fax
or private courier including overnight delivery services. Notice shall be sent to the
respective Party at the address indicated below or to any other address as a Party may
designate from time to time by a notice given in accordance with this paragraph.
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If to SANBAG: Raymond Wolfe, Executive Director N
1170 West 31Q Street, Second Floor
San Bernardino, CA 92410-1715 a
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(909) 884-8276 �
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If to City of San Bernardino: Mark Scott, City Manager
300 N. "D" Street, 6" Floor v
San Bernardino, CA 92418
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(909) 384-5122 v
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12. Exhibit A (Project Overview), Exhibit B (Project Location Map), Exhibit C
(Sample Notice of Intent Application), and Exhibit D (Sample Quiet Zone
Renewal Letter) is attached to and incorporated into this AGREEMENT.
13, This Agreement may be terminated at any time upon thirty (30) days written
notice by either party.
SIGNATURES ON FOLLOWING PAGE:
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Memorandum of Understanding No. 17-1001586
IN WITNESS WHEREOF, the Parties have executed this AGREEMENT below.
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION COMMISSION
By: By:
Raymond Wolfe Mark Scott
SANBAG Executive Director City Manager
Date: Date:
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APPROVED AS TO FORM: APPROVED AS TO FORM: N
Gary D. Saenz, City Attorney
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By: By:
Robert D. Herrick z
Asst. SANBAG General Counsel `n
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Date: Date: �'
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Memorandum of Understanding No. 17-1001586
EXHIBIT A-Project Overview
The Metrolink Eastern Maintenance Facility (EMF), located in the City of Colton and
accessed by rail via the Shortway Subdivision, was originally constructed by the
Southern California Regional Rail Authority (SCRRA) in 2009 to service commuter
trains running along Metrolink's San Bernardino and Inland Empire — Orange County
(IEOC) Lines. SCRRA's use of the EMF as a maintenance facility was limited due to the
existing Inland Empire Maintenance Facility (IEMF), located just east of the San
Bernardino Metrolink Station/Santa Fe Depot (Depot) and due to the amount of available
storage tracks surrounding the Depot.
This operating scenario changed when the San Bernardino County Transportation
Commission (SANBAG), began implementation of the Downtown San Bernardino
Passenger Rail Project (DSBPRP), which extends Metrolink passenger rail service
approximately one mile east from its current terminus at the Depot to the San Bernardino
Transit Center near the intersection of Rialto Avenue and E Street in the City of San o
Bernardino. As part of the DSBPRP, SANBAG completed an expansion of the EMF to
facilitate its full use as a maintenance and train storage facility since the DSBPRP
required the relocation of Metrolink layover and maintenance functions at the Depot and a
the adjacent IEMF.
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Prior to the implementation of the DSBPRP,there were 8 weekday revenue-service
Metrolink IEOC Line trains traversing the Shortway Subdivision on their route between
' the Depot and Orange County. As part of the DSBPRP,the number of trains traversing
the Shortway Subdivision has increased to a total of at least 24 train movements per
weekday, including both deadhead and revenue trains.
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Based on the increase in train movements on the Shortway Subdivision, SANBAG has E
agreed there is a need for the Shortway Subdivision Quiet Zone Project(Project)that
provides quiet-zone-ready conditions at the two at-grade crossings located on the
Shortway Subdivision.
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Along the Shortway Subdivision are two existing at-grade crossings(Crossings): Q
• Rialto Avenue,USDOT No. 026440R, CPUC No. 002B-0.70
• Walnut Street,USDOT No. 026442E, CPUC No. 0028-1.00
The Project is proposing to install constant warning circuitry, 4 each California Public
Utilities Commission(CPUC) Standard No. 9 entrance gates with flashers,4 each CPUC
No. 9 exit gates with flashers with exit gate management system,4 each CPUC
Commission No. 9 pedestrian gates with flashers and treatment at Rialto Avenue. The
project also includes the removal of the current 2 CPUC Commission No. 9 entrance
gates with flashers and 2 No. 8 median flashers at Rialto Avenue. There will not be any
signal improvements installed at the Walnut Street crossing other than the installation of
constant warning circuitry. The City will be responsible for the implementation and
periodic renewal of 4 of the Quiet Zone on the Shortway Subdivision with the FRA in
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Memorandum of Understanding No. 17-1001586
AAPW accordance with Title 49 Code of Federal Regulation(CFR) Section 222.47(b). The
renewal period is every 2.5 - 3 years.
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Memorandum of Understanding No. 17-1001586
EXHIBIT B- Project Location Map
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Memorandum of Understanding No. 17-1001586
EXHIBIT C—Sample Notice of intent Application
August 31,2016
Ms.LeeAnn Dickson
Regional Manager,Grade Crossing Safety&Trespass
Federal railroad Administration
801 "1"Street,Suite 466
Sacramento,CA 95814
RE: Notice of Intent to Establish a Quiet Zone
City of San Bernardino,CA
Dear Ms.Dickson,
The City of San Bernardino hereby submits a Notice of Intent for the creation of a New Quiet Zone on the
Shortway Subdivision railroad corridor owned by San Bernardino County Transportation Commission �°
(SANBAG)in the City of San Bernardino,San Bernardino County.The rail line is operated by the
Southern California Regional Rail Authority(SCRRA)and used by SCRRA for its Metrolink passenger
rail service and by BNSF Railway Company(BNSF)for freight rail service.
The Notice of Intent is being provided in accordance with the provisions of Title 49 of the Code of Federal
Regulations(CFR),Part 222.43(a)(1).The highway grade crossings within the New Quiet Zone are as 0
follows: U)
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1. Rialto Avenue,DOT#026440R,CPUC No.00213-0.70 v
2. Walnut Street,DOT#026442E,CPUC No.00213-1.00
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Please direct all correspondence regarding this matter to the undersigned at the address listed under the LO
Notifications section of the Notice on Intent.Please provide any comments that you may have within the n
60-day comment period prescribed in 49 CFR 222.43(a)(3)(i).If no comments are to be provided,please L
provide a written statement indicating that no comments are to be provided,in accordance with 49 CFR
222.43(a)(3)(ii)(B).Thank you for your attention to this matter.
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Sincerely,
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Christopher Alanis
Public Works Director
City of San Bernardino
Enclosures: Notice of Intent to Create a New Quiet Zone
CPUC General Order 88B Approval for Rialto Avenue
Proposed Crossing Improvement Plans
Quiet Zone Calculator Result Sheet—Existing Condition
Quiet Zone Calculator Result Sheet—With Supplement Safety Measures
FRA Crossing Inventory Forms
Page 11 of 16
Packet Pg. 745
Memorandum of Understanding No. 17-1001586
NOTICE OF INTENT TO CREATE NEW QUIET ZONE
The City of San Bernardino is establishing the New Quiet Zone by Public Authority Designation in
accordance with the requirements of 49 CFR 222.39(a)(3).Supplemental Safety Measures are currently in
place at the Rialto Avenue crossing in the New Quiet Zone,bringing the Quiet Zone Risk Index to a level
below the Risk Index with Horns.The highway grade crossings within the New Quiet Zone are as follows:
3. Rialto Avenue,DOT#026440R,CPUC No.002B-0.70
4. Walnut Street,DOT 9026442E,CPUC No.002B-1.00
A description of the characteristics of the New Quiet Zone follows:
1. The New Quiet Zone will be in effect on a 24-hour basis.Routine sounding of the locomotive
horn shall be discontinued on a 24-hour basis once the New Quiet Zone is established.
2. The New Quiet Zone will be in effect at the two highway grade crossings listed above at Milepost
0.70 and 1.00 on the Shortway Subdivision.As part of the installation of Supplemental Safety =
Measure,exit gates and pedestrian crossing treatments will be installed at Rialto Avenue. i°
3. Both highway grade crossings are provided with flashing lights and gates.
4. Rialto Avenue highway grade crossing will have raised medians on both sides of the tracks.
5. Constant Warning Time(CWT)devices will be in service at both highway crossings within the CY
New Quiet Zone.
6. The highway grade crossing instrument houses and cases at both highway grade crossings within 3
the New Quiet Zone currently have or will have power-off indicators installed. t
7. Both highway grade crossings within the New Quiet Zone will be provided with the appropriate N
signage(No Train Horn,etc.)as required. ti
8. The FRA highway grade crossing inventory forms for both highway crossings within the New
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Quiet Zone have been.updated(in red ink)and are attached.In addition,the Quiet Zone Calculator
print-out indicating the results for both highway grade crossings within the New Quiet Zone are
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attached.
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NOTIFICATIONS c�a
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As required by 49 CFR 222.43(b)(iv),the name,title and contact information for the person who will act as
the point of contact during the New Quiet Zone Development process is as follows:
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Christopher Alanis Q
Public Works Director
City of Bernardino
300 North D Street,3`d Floor
San Bernardino,CA 92418-0001
Office:(909)384-5140
E-Mail: Alanis Chisbci .org
Also as required by 49 CFR 222.43(b)(2)(v),the name and address of each party that will receive a copy of
the Notice on Intent and all attachments in accordance with the requirements of 49 CFR 222.43(a)(1)are as
follows:
Page 12 of 16
Packet Pg. 746
Memorandum of Understanding No. 17-1001586
Hard Copy Notification by Certified Mail,Returned Receipt Requested
Ms.LeeAnn Dickson
Regional Manager,Grade Crossing Safety&Trespass
Federal railroad Administration
801 "I"Street,Suite 466
Sacramento,CA 95814
Mr.Michael Robertson,PE
Manager,Rail and Crossing Branch
Rail Crossing Engineering Section
California Public Utilities Commission
320 West Fourth Street,Suite 500
Los Angeles,CA 90013
Mr. Sergio Licon,PE
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Utilities Engineer o
Rail Crossing Engineering Section N
California Public Utilities Commission m
320 West Fourth Street,Suite 500
Los Angeles,CA 90013
3
Mr.Justin Fornelli,PE o
Chief of Transit&Rail Programs
San Bernardino Associated Governments
1170 West 3td Street,2nd Floor ti
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San Bernardino,CA 92410 'O
Mr.Naresh Patel,PE aa)
Assistant Director,Design&Standards v
2558 Supply Street to
Pomona,CA 91767
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Mr.Jason Sanchez
Manager,Public Projects
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BNSF Railway
740 East Carnegie Drive
San Bernardino,CA 92408-3571 Q
Mr.Ronald Ries
Staff Director,Crossing Safety&Trespass Prevention
Federal Railroad Administration
RRS-23 Mail Stop 25
1200 New Jersey Avenue
Washington,DC 20590
Page 13 of 16
Packet Pg.747
Memorandum of Understanding No. 17-1001586
EXHIBIT D—Sample Quiet Zone Renewal Letter
January 2,2018
Mr.Robert Lauby
Associate Administrator for Railroad Safety&Chief Safety Officer
Office of Railroad Safety
Federal Railroad Administration
1200 New Jersey Avenue,SE Mail Stop 25
Washington,DC 20590
SUBJECT: City of San Bernardino,CA Quiet Zone Periodic Update
Dear Mr.Lauby,
This letter is in reference to Title 49 Code of Federal Regulations(CFR)Section 222.47(b)which requires
the City of San Bernardino to perform a periodic update of the subject Quiet Zone at defined intervals after c
implementation.The subject Quiet Zone was established in accordance with the regulatory provisions r0
contained in Section 222.39(a)(2)of Title 49 of the United States Code.
Pursuant to§222.47(b),with this instrument,the City of San Bernardino affirms in writing to the Associate
Administrator for Railroad Safety that the subject Quiet Zone continues to conform to the requirements of 3
the Title 49 Code of Federal Regulations Section 222.39. t
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The subject Quiet Zone consists of the following crossings: N
Cv� USDOT No. Street Name LO
026440R Rialto Avenue �
026442E Walnut Street ti
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Train horns will continue to be restricted from use,emergencies excepted,24-hours per day and seven days E
per week.
An accurate,complete and current Grade Crossing Inventory Form for each public highway-rail grade
crossing,private highway-rail grade crossing and pedestrian crossing within the subject Quiet Zone is _
attached.The Average Daily Traffic data shown on the inventory form was obtained in DATE YEAR,
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The name,title and contact information of the person responsible for monitoring compliance with the
requirements of the Train Horn Rule is:
Christopher Alanis
Public Works Director
City of Bernardino
300 North D Street,3rd Floor
San Bernardino,CA 92418-0001
Office: (909)384-5140
E-Mail: Alanis_Ch @sbcity.org
Page 14 of 16
Packet Pg. 748
Memorandum of Understanding No. 17-1001586
Exhibit A,attached hereto,contains a listing of all parties notified in this matter.
Sincerely,
Christopher Alanis
Public Works Director
City of San Bernardino
Enclosed: Exhibit A—Stakeholder Update
Exhibit B—Grade Crossing Inventory Forms
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Page 15 of 16
Packet Pg. 749
Memorandum of Understanding No. 17-1001586
Hard Copy Notification by Certified Mail,Returned Receipt Requested
Ms.LeeAnn Dickson
Regional Manager,Grade Crossing Safety&Trespass
Federal railroad Administration
801 "1" Street, Suite 466
Sacramento,CA 95814
Mr,Michael Robertson,PE
Manager,Rail and Crossing Branch
Rail Crossing Engineering Section
California Public Utilities Commission
320 West Fourth Street,Suite 500
Los Angeles,CA 90013
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Mr. Sergio Licon,PE 0
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Utilities Engineer r
Rail Crossing Engineering Section
California Public Utilities Commission CY
320 West Fourth Street, Suite 500
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Los Angeles,CA 90013
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Mr. Justin Fornelli,PE t/)
Chief of Transit&Rail.Programs
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San Bernardino Associated Governments
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1170 West 3`d Street,2"d Floor �
San Bernardino,CA 92410 r-
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Mr.Naresh Patel,PE in
Assistant Director,Design&Standards E
2558 Supply Street
Pomona,CA 91767
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Mr.Jason Sanchez E
Manager,Public Projects
BNSF Railway
740 East Carnegie Drive Q
San Bernardino,CA 92408-3571
Mr.Ronald Ries
Staff Director, Crossing Safety&Trespass Prevention
Federal Railroad Administration
RRS-23 Mail Stop 25
1200 New Jersey Avenue
Washington,DC 20590
Page 16 of 16
Packet Pg. 750
5.U.d
EXHIBIT "B"
CERTIFIED MAIL RETURN RECEIPT REQUESTED
Distribution is indicated in Section 9 herein
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Date: March 20, 2012 N
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Subject: City of Anaheim, California a
Southern California Regional Rail Authority(Metrolink)—
Orange Subdivision Quiet Zone
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NOTICE OF ESTABLISHMENT OF NEW QUIET ZONE
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Notice is hereby provided that the City of Anaheim, California, (City) will establish
a new 24-hour Quiet Zone in accordance with the regulatory provisions contained in y
Title 49 of the Federal Railroad Administration Code of Federal Regulations, Parts
222 and 229 Use of Locomotive Horns at Highway-Rail Grade Crossings; Final
Rule (Final Rule), effective April 10, 2012. The routine sounding of train horns at J
crossings will be restricted within the quiet zone. o
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The following sections describe contents required to be included in the Notice of
Quiet Zone Establishment under 49 CFR §222.43(d). 4-
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SECTION 1 —AFFECTED HIGHWAY-RAIL CROSSINGS
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Two (2) existing public highway-rail at-grade crossings are located within the Q.
proposed quiet zone as indicated in Table 1. All affected streets are under the E
jurisdiction of the City of Anaheim. There are no existing private highway-rail at-
grade crossings and no pedestrian-exclusive rail at-grade crossings located within the m
proposed quiet zone.
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200 S.Anaheim Blvd.,Suite 276
Anaheim,California 92805
TEL (714)765-5176
www.anaheim.net FAX (714)765-5225 Packet Pg. 75�
EXHIBIT"B"
AVON
City of Anaheim, California
Southern California Regional Rail Authority(Metrolink) - Orange Subdivision
Quiet Zone Notice of Establishment
Page 2
Table 1
Crossings within the Proposed Quiet Zone
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US DOT Crossing Number Crossing No./Milepost Crossing 0
026651M 101 OR-169.7 Cerritos Avenue a
026652U 101OR-170.3 State College Boulevard
The following railroads currently operate over some or all of the crossings within the
proposed quiet zone: °�
• Southern California Regional Rail Authority(SCRRA), o LO
• National Railroad Passenger Corporation(Amtrak)
• BNSF Railway(BNSF)
• Union Pacific Railway(UP) _
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SECTION 2—REGULATORY PROVISION FOR ESTABLISHMENT M
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The quiet zone is proposed to be established based upon the regulatory provision described
under 49 CFR §222.39(b). The implementation of Alternative Safety Measures (ASMs) at N
selected crossings reduces the Quiet Zone Risk Index to a level below the Risk Index with
Horns. The Federal Railroad Administration (FRA) notification of approval letter is attached a
herein as Exhibit A. o
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SECTION 3—DIAGNOSTIC TEAM REVIEW AND COMMENTS z
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A diagnostic team review was held with the California Public Utilities Commission (CPUC) E
and all railroads affected by the proposed quiet zone, listed above in Section 1, were given
opportunity to participate. The recommended improvements are addressed and shown in detail
on the CPUC General Order 88B Approval documents (attached herein as Exhibit B). 0°
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Subsequent to the submission of the General Order 88B documents in Exhibit B, some changes w
or variations in the design and construction of the grade crossing safety improvements may
have been implemented. The implemented improvements are listed in the CPUC Form G (see E
Exhibit C) and shown in the As-Built Drawings (see Exhibit D).
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SECTION 4—TIME RESTRICTION Q
Effective April 10, 2012 the routine sounding of horns will be restricted twenty-four (24)
hours a day, seven(7) days a week.
SECTION 5—GRADE CROSSING INVENTORY PRE SAFETY MEASURES
The Grade Crossing Inventory Forms reflecting the existing conditions at each crossing listed
in Section 1, above,prior to the implementation of ASMs, are shown attached herein as Exhibit
Packet Pg. 752
5.U.d
EXHIBIT "B"
' City of Anaheim, California
Southern California Regional Rail Authority(Metrolink) -Orange Subdivision
Quiet Zone Notice of Establishment
Page 3
E. Updated inventory forms were submitted to the FRA on January 1, 2010, however the
revised inventory sheets gathered from the FRA website do not reflect all the submitted
corrections. As such, corrections to the pre safety measures grade crossing inventory sheets in N
Exhibit E are shown in red.
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SECTION 6—GRADE CROSSING INVENTORY POST SAFETY MEASURES a
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The Grade Crossing Inventory Forms reflecting ASMs at the crossings listed in Section 1, o
above, at the time of establishment of the quiet zone, are shown attached herein as Exhibit F. Cn
Updates reflecting improvements to the crossings are shown in green.
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SECTION 7—PROVISION OF NOTICE OF INTENT
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Notice of Intent (NOI) to establish a quiet zone was provided in accordance with 49 CFR y
§222.43(a)(3) on July 20, 2011. 2A
SECTION 8—PERSON RESPONSIBLE FOR MONITORING COMPLIANCE W
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The point of contact for the City of Anaheim is: N
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Taher Jalai CY
Principal Traffic Engineer m
City of Anaheim
200 S. Anaheim Blvd. #276 Z
Anaheim, CA 92805
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Bus: 714-765-5183 E
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EXHIBIT "B"
City of Anaheim, California
Southern California Regional Rail Authority(Metrolink) - Orange Subdivision
Quiet Zone Notice of Establishment
Page 4
SECTION 9—DISTRIBUTION
This notice has been sent to the following individuals: N
Ms. Cristina Talley Mr.John Welter
City Attorney Chief of Police C%
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City of Anaheim City of Anaheim Police Department
200 S.Anaheim Blvd. 425 S. Harbor Blvd.
Anaheim,CA 92805 Anaheim, CA 92805 N
Mr.Mark Vukojevic Ms.Natalie Meeks
City Engineer Director of Public Works �r
City of Anaheim City of Anaheim
200 S. Anaheim Blvd. 200 S.Anaheim Blvd.
Anaheim,CA 92805 Anaheim, CA 92805 N
Ms. Mary Toutounchi Mr.John Fenton 2
Project Manager Chief Executive Officer w
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Orange County Transportation Authority SCRRA �
550 South Main Street One Gateway Plaza, 121h Floor N
PO Box 14184 Los Angeles,CA 90012 m
Orange,CA 92863 3
Mr. William Doran O
Mr.Naresh Patel Manager,Rail Corridor C&E U
Manager,Civil Engineering SCRRA 4�
SCRRA 279 E Arrow Hwy, Suite A z
279 E Arrow Hwy, Suite A San Dimas,CA 91773
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San Dimas,CA 91773 E
Mr.W.Douglas Werner vi
Mr. Melvin Thomas Associate General Counsel ao
Manager Public Projects BNSF Railway Co. r
BNSF Railway Co. 2500 Lou Menk Drive
740 East Carnegie Drive Fort Worth,TX 76131 w
San Bernardino, CA 92408-3571 r
Mr.John Shurson
Ms.Jo Strang Assistant Director,Public Projects =
Associate Administrator of Safety BNSF Railway Co.
Federal Railroad Administration 740 East Carnegie Drive Q
RRS-23 Mail Stop 25 San Bernardino,CA 92408-3571
1200 New Jersey Avenue
Washington DC 20590 Mr. Ronald Ries
Staff Director,Crossing Safety&Trespass
Mr. Charles Hagood Prevention
Rail Crossing Manager Federal Railroad Administration
Federal Railroad Administration RRS-23 Mail Stop 25
P.O. Box 453 1200 New Jersey Avenue
Oakhurst,CA 93944 Washington DC 20590
Packet Pg. 754
EXHIBIT"B"
City of Anaheim, California
Southern California Regional Rail Authority(Metrolink) - Orange Subdivision
Quiet Zone Notice of Establishment
Page 5
Mr.Daren Gilbert Ms.Cindy Quon
Rail Crossings Engineering Section Director—District 12
California Public Utilities Commission California Department of Transportation
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180 Promenade Circle, Suite 115 3347 Michelson Drive, Suite CN380 N
Sacramento,CA 95834-2939 Irvine,CA 92612
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Ms.Rosa Munoz Mr.Joseph Boardman
Senior Utilities Engineer President&CEO
Rail Crossings Engineering Section Amtrak 0
California Public Utilities Commission 60 Massachusetts Avenue,NE Cn
320 West 4th Street,Suite 500 Washington,DC 20002
Los Angeles, CA 90013 v
Mr. Stefan Gilmore
Mr.Dale Bonner Senior Safety Coordinator
Acting Director Amtrak s
Business,Transportation and Housing,, National Railroad Passenger Cooperation n
980 91h Street,Suite 2450 40 Massachusetts Ave.,N.E. M
Sacramento,CA 95814 Washington,DC 20002 0
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Mr.Kenneth Tom Mr. Cheung Freddie o
Manager of Industry—Special Projects Manager Public Projects
Union Pacific Railroad Union Pacific Railroad
2015 S.Willow Avenue 2015 S.Willow Avenue a
Bloomington,CA 92316 Bloomington,CA 92316 0
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EXHIBIT "B"
City of Anaheim.California
Southern California Regional Rail Authority (Metrolink) -Orange Subdivision
Quiet Zone Notice of Establishment
Page 6
SECTION 10-SIGNATURE OF CITY CHIEF EXECUTIVE OFFICER
I hereby certify that the information contained in this document is accurate and complete to the o
best of my knowledge and belief. N
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Bob Wingenroth, Acting City Manager DatE 3
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