RES-2007-241RESOLUTION NO, 2007 -241
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AUTHORIZING THE SUBMITTAL OF A NOTICE OF INTENT TO
ESTABLISH A QUIET ZONE ALONG THE LOSSAN RAIL LINE AT
BROADWAY, SANTA ANA, SOUTH AND VERMONT STREETS IN THE
CITY OF ANAHEIM AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Federal Railroad Administration "FRA has issued a Rule on the Use of
Locomotive Horns at Highway -Rail Grade Crossings (the "Horn Rule which requires that
locomotive horns be sounded as a warning to highway users at public highway -rail crossings,
and also provides an opportunity for thousands of localities nationwide to mitigate the effects
of train horn noise by establishing "quiet zones;" and
WHEREAS, the Horn Rule is designed to facilitate establishment of quiet zones, eliminating
the need for all rail traffic, including both freight and light rail vehicles, from having to sound
locomotive warning horns in advance of at -grade street crossings, but excluding the warning
bells associated with the activation of railroad crossing gates, which will continue to sound;
and
WHEREAS, the City desires to initiate the process of establishing a quiet zone under the
public authority designation process provided in Title 49 of the Code of Federal Regulations
Parts 222 and 229, Use of Locomotive Horns at Highway -Rail Grade Crossings; Final Rule,
for the four Central Anaheim LOSSAN rail line crossings located at Broadway, Santa Ana,
South and Vermont Streets (the "Quiet Zone Project and
WHEREAS, the City desires to proceed with the Quiet Zone Project in order to ensure that
the neighborhoods adjacent to the rail line crossings are not subject to the disruption
associated with the sounding of locomotive horns; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.) "CEQA and the CEQA Implementing Guidelines (14 California
Code of Regulations Section 15000 et seq.) (the "Guidelines the City had an environmental
assessment of the Quiet Zone Project conducted and Negative Declaration 2007 -11 -1081
prepared in connection therewith (the "Negative Declaration for the Quiet Zone Project
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Authorization to Submit a Notice of Intent to Establish Quiet Zone. The
City Manager is hereby authorized to submit a Notice of Intent pursuant to Title 49 of the
Code of Federal Regulations, Parts 222 and 229, Use of Locomotive Horns at Highway -Rail
Grade Crossings; Final Rule, to establish a quiet zone for locomotive and light rail vehicle
horns at the highway -rail grade crossings at Broadway, Santa Ana, South and Vermont
Streets.
1
Section 2. Environmental Assessment. The Anaheim City Council has reviewed the
Quiet Zone Project and does hereby adopt the Negative Declaration for the Quiet Zone
Project upon finding that such Negative Declaration reflects the independent judgment of the
lead agency and that it has considered the Negative Declaration for the Quiet Zone Project,
together with any comments received during the public review process and further finding on
the basis of the initial study and any comments received that there is no substantial evidence
that the Quiet Zone Project will have a significant effect on the environment.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS EIGHTEENTH (18TH)
DAY OF DECEMBER, 2007, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST;
CIT ERK
67419.1
2
M
026645J
0167.9
Broadway
026646R
0168.0
Santa Ana Street
026647X
0168.3
South Street
026648E
0168.7
Vermont Avenue
CER'I 114IED MAIL RETURN RECEIPT REQUESTED
Distribution is indicated in Section 5 Herein
Date: December 19, 2007
Subject: Anaheim Quiet Zone
City of Anaheim, California
NOTICE OF INTENT TO CREATE NEW QUIET ZONE
Notice is hereby provided that the City of Anaheim, California, intends to create a New 24 -hour Quiet
Zone in accordance with the regulatory provisions contained in Title 49 of the Code of Federal
Regulations, Parts 222 and 229 Use of Locomotive Horns at Highway -Rail Grade Crossings; Final Rule
(Final Rule). The Quiet Zone would restrict the routine sounding of horns on transit, passenger and
freight trains per the Final Rule.
A party receiving this Notice of Intent may submit information or comments about the proposed Quiet
Zone to the City of Anaheim (City) during the 60 days following the date of this letter. However, this
comment period will terminate if all of the parties either submit comments or signed statements that they
do not have any comments due to their continuous participation in the process of developing this Quiet
Zone.
SECTION 1— AFFECTED HIGHWAY -RAIL CROSSINGS
Four (4) existing public highway rail grade crossing are located within the proposed Quiet Zone within
the City of Anaheim as indicated in Table 1 below. All affected streets are under the jurisdiction of the
City of Anaheim. There are no existing private highway rail grade crossings and no pedestrian exclusive
rail grade crossings located within the proposed Quiet Zone.
Table 1
Anaheim Rail Corridor Crossings
The following railroads and transit systems currently operate within the proposed Quiet Zone:
Southern California Regional Rail Authority "SCRRA
National Railroad Passenger Corporation "Amtrak
Burlington Northern Santa Fe Railway Company "BNSF
Notice of Intent
December 19, 2007
Page 2 of 4
SECTION 2 TIlVIE RESTRICTION
The routine sounding of horns would be restricted twenty -four (24) hours a day, seven (7) days a week.
SECTION 3 PROPOSED IMPROVEMENTS
In 2006, in cooperation with Southern California Regional Rail Authority "SCRRA Orange County
Transportation Authority "OCTA Burlington Northern Santa Fe Railway Company "BNSF
California Public Utilities Commission "CPUC the Federal Railroad Administration "FRA
National Railroad Passenger Corporation "Amtrak and the City of Anaheim began to develop a
program of improvements at each of the crossings. The first field meeting was held on May 17, 2006.
Design team meetings were held on a regular basis throughout 2006, and on September 5, 2006, during
the field diagnostic meeting, proposed improvements, with minor revisions, were conceptually agreed
upon by the aforementioned parties. These proposed improvements and revisions are summarized in
conceptual design exhibits dated March 9, 2007 (attached herein as Exhibits A and B -1 through B -4). At
this time, the civil design is at 35% completion, with a completed design goal of August 2007. SCRRA
will design railroad signaling independently. In general, these crossing improvements include:
Raised Median Islands
Pedestrian Gates
Railroad Signal Modifications
Under the Final Rule, the proposed median islands at the existing grade- crossings qualify as
Supplemental Safety Measures (SSMs).
SECTION 4 POINT OF CONTACT
The City of Anaheim is the lead agency for the design and construction of the Anaheim Quiet Zone. The
first point of contact for the project is the City's Transit Manager and the second point of contact is the
Redevelopment Manager for the City of Anaheim as follows:
Mr. John Lower
Traffic and Transportation Manager
Department of Public Works
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Telephone: (714) 765 -5176
Facsimile: (714) 765 -4667
Email: jlower @anaheim.net
Mr. David Gottlieb
Redevelopment Manager
Anaheim Redevelopment Agency
201 S. Anaheim Boulevard, Suite 1003
Anaheim, CA 92805
Telephone: (714) 765 -4300 Ext. 4306
Facsimile: (714) 765 -4313
Email: dgottlieb @anaheim.net
Notice of Intent
December 19, 2007
Page 3 of 4
SECTION 5 DISTRIBUTION
This notice has been sent to the following individuals:
Varouj Jinbachian
Utilities Engineer
Rail Crossing Engineering Section
California Public Utilities Commission
320 West Fourth Street, Suite 500
Los Angeles, CA 90013
Darrell Johnson
Manager, Programming, Development
Commuter Rail
550 South Main Street
P.O. Box 14184
Orange, CA 92863 -1584
Mark Vukojevic
City Engineer
Department of Public Works
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Taher Jalai
Principal Traffic Engineer
Department of Public Works
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Jack L. White
City Attorney
City of Anaheim
200 South Anaheim Boulevard
Suite 356
Anaheim, CA 92805
LeeAnn Dickson
Crossing Trespasser Regional Assistant
Manager
Federal Railroad Administration
P.O. Box 1292
Roseville, CA 95678
Steve Wylie
Assistant Executive Director
SCRRA/Metrolink
700 South Flower Street, 26th Floor
Los Angeles, CA 90017-4101
Daren Gilbert
Consumer Protection and Safety Division
California Public Utilities Commission
515 "L" Street, Suite 1119
Sacramento, CA 95814
Natalie Meeks
Director of Public Works
Department of Public Works
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
David Gottlieb
Redevelopment Manager
Anaheim Redevelopment Agency
201 S. Anaheim Boulevard
Suite 1003
Anaheim, CA 92805
Charles Hagood
Regional Grade Crossing Trespass Safety
Manager
Federal Railroad Administration
P.O. Box 453
Oakhurst, CA 93944
Ronald Reis
Staff Director
Federal Railroad Administration
1120 Vermont Avenue NW, 6th Floor MS25
Washington, DC 20590
Ron Mathieu
Manager, Public Projects
SCRRA/Metrolink
700 South Flower Street, 26th Floor
Los Angeles, CA 90017 -4101
John Shurson
Assistant Director of Public Projects
BNSF Railway Company
740 East Carnegie Drive
San Bernardino, CA 92408
Notice of Intent
December 19, 2007
Page 4 of 4
David Quirk
Public Projects Engineer
SCRRA /Metrolink
700 South Flower Street, 26th Floor
Los Angeles, CA 90017-4101
Megan McIntyre
Manager, Public Projects
BNSF Railway Company
740 East Carnegie Dr.
San Bernardino, CA 92408
Lt. Leo Norton
Sherriff Department
SCRRA /Metrolink
700 South Flower Street, 26th Floor
Los Angeles, CA 90017-4101
John Lower
Traffic and Transportation Manager
Department of Public Works
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
Helen S. Parker
Legal Counsel
SCRRA /Metrolink
700 South Flower Street, 26th Floor
Los Angeles, CA 90017 -4101
Douglas Werner
Associate General Counsel
BNSF Railway Company
2500 Lou Menk Drive
Fort Worth, TX 76131
Bill Mock
Right of Way Engineer
OCTA
550 South Main Street
P.O. Box 14184
Orange, CA 92863 -1584
Juan M. Diaz
President/CEO
JMDiaz, Inc. (JMD)
18645 East Gale Avenue, Suite 212
City of Industry, CA 91748 -1363
Alexander Kummant
President CEO
Amtrak
60 Massachusetts Avenue, NE
Washington, DC 20002
John Welter
Chief of Police
Anaheim Police Department
425 South Harbor Boulevard
Anaheim, CA 92805
Joseph Yannuzzi
General Superintendent
Amtrak Transportation
810 N. Alameda St., 3rd Floor
Los Angeles CA 90012
CITY OF ANAHEIM
NEGATIVE DECLARATION
PROJECT Downtown Anaheim Quiet Zone
IDENTIFICATION:
PROJECT Four at -grade rail crossings along the LOSSAN (Los
LOCATION: Angeles to San Diego) rail line at the following locations: 1) Broadway
from Atchison Street to Vine Street; 2) Santa Ana Street from Kroeger
Street to Vine Street; 3) South Street from Dakota Street to
approximately 210 feet east of the railroad right -of -way; and 4)
Vermont Street from Dakota Street to approximately 210 feet east of
the railroad right -of -way. See attached map.
PROJECT DESCRIPTION: Establishment of a Quiet Zone with implementation of
associated safety improvements in accordance with standards set by the Federal Railroad
Administration. The Quiet Zone would allow train engineers to refrain from sounding their
warning horns at four crossings to decrease noise levels for the nearby community. Safety
improvements include construction of 8 -inch high medians on either side of the railway
crossing to prevent vehicular traffic from circumventing the crossing arms, and installation of
pedestrian gates to prevent pedestrians from crossing the railroad tracks when a train is
approaching. Safety improvements also include restriping, paving, installation of new curb
and gutter, sidewalk, street lighting, landscaping, irrigation and realignment of Santa Ana
Street, between Kroeger Street and Vine Street, to the ultimate right -of -way. Implementation
of quiet zone improvements along Santa Ana Street requires the acquisition of a portion of
two private properties located at 510 S. Atchison Street (Assessor's Parcel No. 037 124 -01)
and 910 E. Santa Ana Street (Assessor's Parcel No. 037 271 -24).
NAME OF Within the ultimate right -of -way PHONE:
PROPERTY OWNER:
ADDRESS:
AGENT'S NAME: John Lower, Traffic/Transportation PHONE: (714) 765 -5183
Manager
AGENT'S ADDRESS: 200 S. Anaheim Blvd., Ste. 276
Anaheim, CA 92805
The Initial Study, as attached and made part of this Negative Declaration, indicates that the
above project will have no significant individual or cumulative adverse impact on the environment.
The mitigation measures identified in Mitigation Monitoring Plan No. have been
included in the project to avoid potentially significant effects.
XX No mitigation measures have been identified for this project.
Therefore, the above project is recommended for exemption from the requirement to prepare an
Environmental Impact Report pursuant to the provisions of the California Environmental Quality
Act
Authorized Signature Planning Department
Marie Newland, AICP, Planner
,f _ii 1/ .2 co l
Date
3. Assessor's Parcel Number:
F:\ DOCS\ PROPSVCS\OTHERREP \DGO7Al200Z -5. DOC
CITY OF ANAHEIM
ENVIRONMENTAL INFORMATION FORM
The City of Anaheim as Lead Agency is required to comply with the California Environmental Quality Act
(CEQA). CEQA requires the City to evaluate the potential environmental impacts of your development project. In
order to assist us in completing this required environmental review, please provide us with the following
information:
1. Project Address or Location: Four at -grade rail crossings along the LOSSAN (Los Angeles to San Diego)
rail line at the following locations: 1) Broadway from Atchison Street to Vine Street; 2) Santa Ana Street
from Kroeger Street to Vine Street; 3) South Street from Dakota Street to approximately 210 feet east of the
railroad- right -of -way; and 4) Vermont Street from Dakota Street to approximately 210 feet east of the
railroad right -of -way. See attached map.
2. Project Description: Establishment of a Quiet Zone with implementation of associated safety
improvements in accordance with standards set by the Federal Railroad Administration. The Quiet Zone
would allow train engineers to refrain from sounding their warning horns at four crossings to decrease noise
levels for the nearby community. Safety improvements include construction of 8 -inch high medians on
either side of the railway crossing to prevent vehicular traffic from circumventing the crossing arms, and
installation of pedestrian gates to prevent pedestrians from crossing the railroad tracks when a train is
approaching. Safety improvements also include restriping, paving, installation of new curb and gutter
sidewalk, street lighting, landscaping, irrigation and realignment of Santa Ana Street, between Kroeger
Street and Vine Street, to the ultimate right -of -way. Implementation of Quiet Zone improvements along
along Santa Ana Street requires the acquisition of a portion of two private properties located at 510 S.
Atchison Street (Assessor's Parcel No. 037 124 -01) and 910 E. Santa Ana Street (Assessor's Parcel No.
037 271 -24). See attached sheet for additional information.
4. Name of Property Owners: Within the ultimate right -of -way
Address:
Phone No.:
5. Name of Authorized Agent: John Lower, Traffic/Transportation Manager
Address: 200 S. Anaheim Blvd., Ste. 276
Anaheim, CA 92805
Phone No.: (714) 765 -5183 E -mail Address: jlower(canaheim.net
6. Describe the project site as it exists before the project, including if the site is on filled land or on a slope of
ten percent or more and provide information on its topography, soil stability, plants and animals, and any
cultural, historic or scenic aspects. Provide pictures of the site and describe any existing structures on the
site, and their current use. Attach additional sheets if necessary.
The Quiet Zone crossings at Santa Ana Street, South Street and Vermont Avenue are 2 -lane undivided local
streets surrounded by existing developed medium density residential and industrial land uses. Santa Ana
Street and Vermont Avenue have existing painted medians located east and west of the railway. South
Street has an existing painted median located west of the railway. Broadway is a 4 -lane undivided
secondary arterial roadway also surrounded by existing low density residential and industrial land uses and
secondary arterial roadway also surrounded by existing low density residential and industrial land uses and
has existing painted medians located east and west of the railway. All improvements will be installed
within the existing and ultimate right -of way. Photos of each crossing are attached
7. Other public agencies whose approval is required (e.g., for permits, financing, participation agreement, etc.):
Metrolink, Orange County Transportation Authority (OCTA), Burlington Northern Santa Fe (BNSF),
Southern California Regional Rail Authority (SCRRA), Public Utility Commission (PUC); California
Department of Fish Game
8. Site size: 4 crossings of a total of approximately 9200 square feet (Broadway 2500 sq.ft., Santa Ana Street
2100 sq.ft., South Street 1980 sq.ft, Vermont Street 2580 sq.ft.), ultimate (expanded right -of -way of
approximately 2800 square feet.
9. Demolition proposed: O No X Yes Acquisition of right -of -way for Quiet Zone safety
improvements is only required at the Santa Ana Street rail crossing. The building at 510 S. Atchison (037-
124-01) is affected by the project. It is estimated that approximately 1,400 square feet of the building is
within the area required for the additional right -of -way.
10. Square feet of new construction: New raised medians at four crossings totaling approximately 9200
square feet
11. Type, number, stories, and height of new buildings or structures: N/A
12. Number of on -site parking spaces provided: n/a
13. Tentative development schedule:
Start Date: Construction to start in March 2008
Completion Date: Construction to finish August 2008
Phasing: N/A
14. Airport Land Use Plan Is the project site located within an airport land use plan (i.e., a project may be
located within an airport land use plan if it is located within 20,000 feet from the Los Alamitos Armed
Forces Reserve Center runway, or within 10,000 feet from the Fullerton Municipal Airport runway) or
within the vicinity of a heliport or helistop facility? Project is not within an airport land use plan.
Complete Sections 15 and 16 for proposed Residential projects only:
15. Single or Multi- Number of Units Sq. Ft. of Units No. of Bedrooms
16. Will the proposed residential housing development meet any of the following Article 34 restrictions (low
income housing development):
A. Apply for property tax abatement
B. Apply for long -term governmental financing
C. Provide in excess of 40% of the housing
units as low income housing with rent control
and occupancy restrictions.
Yes No
Activity
Yes
No
Residential development of more than 500 dwelling units?
x
Proposed shopping center or business establishment employing more than 1,000
having more than 500,000 square feet of floor space?
x
Office building employing more than 1,000 persons or having more than 250,00
feet of floor space?
x
Hotel or motel having more than 500 rooms?
x
Industrial manufacturing or processing plant occupying more than 40 acres or hu
than 650,000 square feet of floor area?
x
Mixed use project that includes one or more of the above- Iisted projects in items
through (e)?
x
Complete Section 17 for proposed Commercial projects only:
17. A. Type of Commercial or Office:
B. Is the project oriented: Regionally, City or Neighborhood
C. Anticipated hours of operation:
D. Estimated employees per shift and number of shifts:
E. Type, location and square footage of loading facilities:
18. If use not Residential, Commercial or Office, indicate type of use below:
Manufacturing/Warehousing Institutional X Other (Specify): Implementation of Quiet Zone
in order to decrease noise generated by trains.
A. Indicate major function: Decrease noise levels for surrounding neighborhood
B. Anticipated hours of operation:
C. Estimated employees per shift and number of shifts:
D. Type, location and square footage of loading facilities:
Complete Sections 19, 20, and 21 to determine whether a Water Assessment Study and Preliminary
Grading/Drainage Plans and/or Preliminary Water Quality Management Plan needs to be submitted as part of
the Initial Study.
19. Existing and proposed square feet of all on -site impervious surfaces, including all paved areas (i.e., paved
parking lots and walkways areas, building footprint):
Existing Square Feet: n/a Proposed Square Feet: n/a
20. Water Assessment Does the project include
a proposed new development or addition that meets any of the following criteria for a "Large
Scale Development" (as defined by Public Resources Code Section 21151.9):
If yes was checked in any of the above boxes, the project may qualify as a "Large Scale Development" and
you may need to submit a water assessment study which identifies existing water supply entitlements, water
rights, and water service contracts relevant to the water supply for the project (please contact the City of
Anaheim Public Utilities Department, Water Engineering Division, at 714/765 5196).
21. Water Quality Management Plan A preliminary WQMP is required if either of the following boxes apply:
New Development means land disturbing activities; structural development, including construction
or installation of a building or structure, or the creation of impervious surfaces on a vacant parcel; and
land subdivision.
Significant Redevelopment means development that would create or add at Least 5,000 square feet of
impervious surfaces on an already developed site. Examples of Significant Redevelopment include,
but are not limited to:
The expansion of a building footprint; addition to or replacement of a structure;
Replacement of an impervious surface that is not part of a routine maintenance activity; and
Land disturbing activities related with structural or impervious surfaces.
Replacement of impervious surfaces includes activity that is not part of a routine maintenance activity
where impervious material(s) are removed, exposing underlying soil during construction. Significant
redevelopment does not include trenching and resurfacing associated with utility work; resurfacing
and reconfiguring surface parking lots: new sidewalk construction, pedestrian ramps, or bike lane on
existing roads; and replacement of damaged pavement.
If either of the above boxes were checked, a preliminary grading/drainage plan and preliminary Water
Quality Management Plan will need to be submitted for review and approval by the Public Works
Department, Development Services Division, prior to submitting an application for tentative map,
conditional use permit or variance entitlements. For WQMP procedures and submittal requirements, call
(714) 765 -5176 or refer to the Public Works Department, Development Services Division homepage at
www.anaheim.net/publicworks.
Per Section VII of the Orange County Drainage Area Management Plan (DAMP), the project is a Priority
project requiring the design of treatment control best management practices (BMPs) if any of the following
applies (check box if applicable):
Please note that upon review of the submitted information, City staff may request additional supporting
documentation to assist in the environmental analysis of your project to ensure compliance with CEQA.
22. Name of preparer: David Gottlieb, Redevelopment Manager Relationship to property owner: Project
Manager
Address: Community Development Department, 201 S Anaheim Blvd.. Anaheim CA 92805
Phone No.: (714) 765 -4306 E -mail Address: dgottlieb@anaheim.net anaheim.net