Item #05
Date: June 18, 2024
To: Mayor and City Council
From: Vincenzo S. Corazza, Public Works Director
Jim Schaad, City Manager
Subject: Approving of a Reimbursement Agreement for Train Horn Quiet Zone Services with Union Pacific Railroad Company
Recommendation:
Pass a Motion to authorize the City Manager to execute a reimbursement agreement with Union Pacific Railroad Company for $30,000 for costs associated with Union Pacific’s consultant for engineering services related to establishing a train horn quiet zone.
Rationale:
Establishing a train horn quiet zone along the Union Pacific railroad tracks is essential to enhancing the quality of life for Marysville residents and attracting economic development in the City’s commercial zones. Initiating the process of establishing a train horn quiet zone along the railroad tracks parallel to A Street is essential.
Background:
Marysville has two railroad lines that run through its center and western parts, owned and operated by Union Pacific Railroad Company. From Sacramento, these lines cross the Yuba River via two separate bridges and intersect north of the city at Binney Junction near the high school. The easternmost rail line is the most problematic since it runs through the center of the community.
Railroad operations are regulated by the Federal Railroad Administration (FRA) and the California Public Utilities Commission (CPUC). The FRA’s Train Horn Final Rule (49 CFR 222, issued on August 17, 2006) mandates that train operators sound the horn before approaching an at-grade crossing, producing noise levels between 96 to 110 decibels.
Concerns over the noise impact from train horns have been raised by community members and the City Council. In response, city staff have been tasked with researching measures to reduce or eliminate horn noise. The FRA allows for exceptions to the sounding of horns if train horn quiet zones are established in compliance with regulations.
Item #05
Currently, three at-grade crossings affect the B Street property:
1. 10th Street
2. 7th Street
3. 6th Street
In April 2023, during negotiations with Engstrom Properties regarding the sale of the B Street Property, a City-owned property adjacent to the railroad tracks, it was recognized that frequent train horn soundings may cause concerns for hotels and other businesses. Based on this feedback, staff began researching the implementation of a train horn quiet zone as outlined in the FRA’s Train Horn Rules.
Research found that the process requires cooperation between the local agency and the railroad to ensure sufficient safety measures are in place so train operators can refrain from sounding the horn.
Staff reached out to the California Public Utilities Commission, Rail Crossings & Engineering Branch – Rail Safety Division, and were advised to form a diagnostic team comprised of representatives from the FRA, CPUC, Union Pacific, and the City. Staff subsequently contacted Moffatt & Nichol; a consulting engineer that evaluates potential train horn quiet zones for Union Pacific and understands the process of coordinating with the railroad. Union Pacific requires the Local Agency to cover the consultant fees for the consultant’s support activities. The consultant provided an estimate of $30,000 to support an initial analysis of train horn quiet zones in the City of Marysville.
Staff included a $50,000 request in the FY24-25 budget for Union Pacific’s consultant to begin the engineering work for establishing a quiet zone and cover any additional costs associated with the study.
Discussion & Analysis:
During the 2023 negotiations for development of the B Street Property, concerns were voiced that train horns might have a negative impact on the development as well as other developments along the corridor. Because of this, staff contacted the California Public Utilities Commission for assistance in creating a train horn quiet zone. Quiet Zone implementation typically involves safety enhancements to at-grade train crossings to minimize crossing railroad safety concerns while allowing trains to pass without sounding their horns. For instance, a quadruple arm crossing with medians can prevent cars from bypassing the railroad arms to beat the train.
While railroad companies such as the Union Pacific generally are not supportive of quiet zones due to safety concerns over the absence of the horns, they will allow the implementation if feasible, in order to comply with federal law. Union Pacific requires the Local Agency to pay its consultant to support the installation of Supplemental Safety Measures (SSMs) that meet FRA safety standards, allowing train operators to refrain from sounding the horn. Consultant activities include meetings, field diagnostics and inspections, notice of intent review and comments, public authority application review and comments, notice of establishment review and comments, implementation efforts, grade crossing inventory updates and travel expenses.
Additionally, the Local Agency must cover the costs of engineering plans for these SSMs and their installation. SSM construction costs can range from $250,000 to several million dollars, with the least expensive solution being the elimination of the crossing and the most expensive likely being a grade Item #05
separation. Union Pacific estimates the cost of a Four-Quadrant Gate System (an SSM) to be between $300,000 and $500,000.
Though the cost to implement train horn quiet zones can be quite high, research indicates that establishing train horn quiet zones can have significant economic benefits. For example, Edmond, Oklahoma invested $3 million to upgrade 11 train crossings and established a quiet zone, resulting in over $100 million in development and additional private investments in its downtown businesses.
Entering into this agreement is the first step in Train horn quiet zone implementation. As implementation moves forward, the SSM’s will need to be designed, and then constructed. Once costs for design and construction are estimated staff can determine funding sources that might be available to fund the effort.
Alignment with City Council Goals:
Goal #2: Expand Economic Development Opportunities
Goal #3: Improve Infrastructure
Goal #4: Enhance Public Safety
Legal Review:
The agreement has been reviewed by legal counsel.
Fiscal Analysis:
The upcoming proposed budget for FY24-25 includes $50,000 for a Train Horn Quiet Zone initial study.
The overage is intentional as Union Pacific would not agree to include a “not to exceed” clause but gave assurance that the total invoices will be an estimated amount of $30,000. City staff will reevaluate the work but will not pursue additional work if invoices exceed budgeted authority unless City Council authorizes at that time.
Attachments:
1) Reimbursement Agreement
2) Map of Train Horn Quiet Zone Crossing Locations