HomeMy WebLinkAbout03. Authorize grade crossing and signal maintenance agreement with BNSF Railway Company Page 1 of 3
Item 3.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: DECEMBER 19, 2019
SUBJECT: AUTHORIZE THE GENERAL MANAGER TO ENTER INTO A GRADE
CROSSING AND SIGNAL MAINTENANCE AGREEMENT WITH BNSF
RAILWAY COMPANY
SUBMITTED BY: INITIATING DEPARTMENT:
RICK HERNANDEZ, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES -
AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
REVIEWED BY: DANA LAWSON, SENIOR ENGINEER
DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
Right of way agreements with significant obligations are routinely submitted to the Board for approval.
BACKGROUND
I n 1974, Central San entered into a railroad crossing agreement with the Atchison Topeka Santa Fe
Railway Company, predecessor to BNSF Railway Company (BNSF), for the construction and
maintenance of a railroad crossing to provide access to facilities north of the rail line at the north end of the
basins - see attached map. The subject agreement is a renewal and update of the original agreement.
December 19, 2019 Regular Board Meeting Agenda Packet- Page 12 of 260
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The cost of repairs and maintenance will be divided on a pro-rata basis with other users of the crossing. At
this time, the other users are Conco Companies and Contra Costa Water District.
Additionally, under the new agreement, BNSF is granting Central San the authority to construct a security
gate within the railroad right of way to prevent illegal access to Central San's property bordering the
railroad.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to renew the agreement with BNSF. This is not recommended because it would
limit access to Central San assets and increase response time if problems occur.
FINANCIAL IMPACTS
The current yearly license fee is $2,814.19. The yearly license fee is anticipated to increase to $7,682.33
per year, however, BNSF is reviewing Central San's share of the overall maintenance costs to reduce this
amount. Future repair costs will be a pro-rata share based on usage.
Central San also will be paying a yearly premium of$633 to BNSF for railroad liability insurance in order to
construct the security access gate within BNSF's right of way. This policy will be cancelled once the gate is
constructed.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Authorize the General Manager to enter into a Grade Crossing Signal Maintenance Agreement with BNSF
Railway Company.
Strategic Plan Tie-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 1 - Strive to achieve 100%permit compliance in air, water, land, and other regulations, Strategy 2- Strive to
minimize the number of sanitary sewer overflows, Strategy 3- Comply with all federal, state, and local regulations
related to District administration
GOAL FIVE: Maintain a Reliable Infrastructure
Strategy 3- Protect District personnel and assets from threats and emergencies
ATTACHMENTS:
1. Location Map
December 19, 2019 Regular Board Meeting Agenda Packet- Page 13 of 260
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BNSF Railroad Crossing
Map Date: 11/26/2019
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December 19, 2019 Regular Board Meeting Agenda Packet- Page 14 of 260