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HomeMy WebLinkAboutMINUTES - 11042008 - D.2 z TO: Board of Supervisors 8 Contra FROM: Transportation,Water and Infrastructure Committee �- Costa (Supervisor Gayle B. Uilkema, Chair) u County DATE: September 29, 2008 SUBJECT: Resumption of freight train service on Union Pacific "Mococo" line SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ACCEPT report on plans for resumption of freight service on the "Mococo" rail line in East County and AUTHORIZE the Chair of the Board of Supervisors to sign a letter to the County's congressional delegation (see Exhibit A), as recommended by the Transportation, Water and Infrastructure Committee. FISCAL IMPACT NONE from the recommended action. If the freight rail service planned by Union Pacific Railroad creates safety issues or congestion issues in unincorporated areas, the County may need to devote future resources to grade separations or other improvements. The need for such mitigations is not known at this time. BACKGROUND/REASONS FOR RECOMMENDATIONS The Union Pacific Railroad (UP)recently confirmed that it plans to restart freight train service on its "Mococo" line, which is the portion of the UP system between Martinez and Tracy in San Joaquin County. From Martinez heading east,the Mococo line goes through the Concord Naval Weapons Station, Bay Point, Pittsburg,Antioch, Oakley, Brentwood and Byron,then continues southeast alongside the Byron Highway into San Joaquin County. UP has not used this line for freight service in about 20 years, during which time the railroad has only used the line for storing empty freight cars. A significant amount of residential and retail development also has occurred in East County along the railroad line during those 20 years without active freight train operations (see Exhibit B - "East County train back on track"). CONTINUED ON ATTACHMENT: X YES RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S ervisor eayle B. Uilkema �,� Xisorhary N. Pie ho ACTION OF BOARD ON I flo APPROVED AS RECOMMENDED ,?c- OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS (ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THEDATESHOWN. Contact: John Greitzer (925/335-1201) ATTESTED cc: Department of Conservation and Dev. (DCD) DAVID TWA, CLERK OF M. Carlson, PWD THE BOARD OF SUPERVISORS M. Kent, HSD PD COUNTY ADMINISTRATOR BY , DEPUTY G:\Transportation\Committees\TWIG\2008\Board Orders\november 4 mococo freight trains.doc i MOCOCO FREIGHT RAIL LINE SEPTEMBER 22, 2008 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued) UP officials attended the September 22 meeting of the Transportation,Water and Infrastructure Committee to discuss their plans. They indicated freight service on the Mococo line is needed to relieve congestion on their two main lines, neither of which goes through East County.The main lines are the Martinez Subdivision, which goes from the Port of Oakland to Martinez, then crosses a railroad bridge over the Carquinez Strait and heads northeast to Sacramento and beyond; and the Niles Canyon/Altamont Pass Subdivision,which does not come through Contra Costa County at all. Exhibit C includes a map provided by Union Pacific that shows the location of their two main lines and the Mococo line. Several years ago the Contra Costa Transportation Authority and BART attempted to purchase a portion of the Mococo line(from Pittsburg to Tracy)for the planned eBART commuter rail line,, but were unable to reach agreement on a price with UP. Subsequently, UP said it needed the line for freight purposes and will not sell it. UP expects to start running freight trains on the Mococo line in the next two to five years. A spokesman said they don't yei:have a more specific time frame because the plan will depend on how quickly the freight market recovers from the current economic slump. Most of the freight trains that use the Mococo link;will be trains that serve the Port of Oakland. Demand for freight through the Port is down from its peak of several years ago. In the long run, however, most freight industry analysts foresee a significant increase in freight railroad traffic. UP does not need any regulatory approval to resume freight service on the Mococo line,according to the California Public Utilities,Commission, which regulates railroad safety in California. The Board previously discussed anotherfreight railroad project that impacts the County, namely the Port of Oakland's Martinez.Subdivision Project which will build two additional railroad tracks in the UP system between the Port of Oakland and Richmond. This will double UP's freight capacity on that segment and will enable the Port to handle more freight trains each day. The Board has written to the Port oi`Oakland expressing concerns about the local impacts that would occur from any significant increase in the number and length of freight trains coming through County neighborhoods. These impacts include noise, traffic congestion at crossings, safety, diesel emissions from the locomotive engines, and community disruption. Impacts of Mococo freight service on local communities The impacts to adjacent comrhunities along the Mococo line,from Martinez to Byron, will include noise, diesel emissions, safety at street crossings and along the tracks, traffic congestion at the intersections where the railroad crosses streets, and the potential damage from derailments. If derailments.occur and the freight cars are carrying hazardous'materials, there also is the risk of ..,accidental,release of hazardc)us .materials, although recent federal regulations are aimed at ` re'ducing' uch''risks. ' The problems of noise, safety and congestion will be obvious immediately to communities along the route,once the Mococo line is reactivated.The potential health impacts from diesel emissions may not be as immediately obvious but studies at the state and local level have documented the health risks posed by such emissions. According to the California Air Resources Board, diesel engines emit a complex mixture of air pollutants including over 40 known cancer-causing substances.These substances can attach themselves to the particulate matter in diesel exhaust. This particulate matter is microscopic and can become difficult to expel from the lungs after being inhaled. Exposure to diesel exhaust also causes inflammation in the lungs,which may aggravate chronic respiratory symptoms and increase the frequency or intensity.of asthma attacks. Those most vulnerable are children whose lungs are still developing and the elderly who may have other serious health problems. Each year in California, diesel particulate matter contributes to 2,000 premature deaths and thousands of hospital admissions, asthma attacks and other respiratory symptoms, and'lost"workdays. Trucks, trains, and other diesel-powered vehicles are among the sources of diesel emissions. For these reasons, the California Air Resources Board has developed land use guidelines that recommend-a 500-foot buffer between freeways and new development, and a 1,00046ot buffer between rail yards and new development. MOCOCO FREIGHT RAIL LINE SEPTEMBER 22, 2008 Page 3 BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued) Traffic congestion will result from vehicles queuing on local streets while a freight train passes through. The duration of the traffic delay will depend on the length of the freight train and the speed at which it travels. Freight trains serving the Port of Oakland can be a mile long, and the Port has plans to increase freight train length to a mile and a half and ultimately two miles in the longer term, to accommodate growing cargo volumes in the years ahead. The Transportation, Water and Infrastructure Committee made the following recommendations and comments on the Mococo issue: 1. The Board should authorize a letter to our Congressional delegation, expressing concern about UP's plans with specific issues mentioned in the letter. 2. UP should have ongoing consultations with affected neighborhoods along the route to get public input on its plans. 3. UP should schedule the freight trains to pass by at times of day when impacts will be the least (for example, avoid the area during peak commute times to minimize traffic disruption, and avoid late night or early morning runs so the noise from trains and train whistles don't wake up nearby residents). 4. Although residential growth has slowed in East County like everywhere else, longer-term forecasts call for more growth in the years ahead. Further population growth will make freight train operations even more problematic in the future. 5. Since the Mococo line crosses Marsh Creek Road near where it accesses the new State Route 4 Bypass, the freight trains could impact traffic on the Bypass, which has already become a key link in East County's commuter route network. 6. The Port of Oakland should consider moving more freight inland using river barges instead of trucks or trains. 7. UP staff should return in six months(March 2009)to provide the County with an update on the status of its Mococo plans. In regard to point#2, UP officials at the Transportation, Water and Infrastructure Committee meeting said they will continue to meet with local jurisdictions including the County periodically to keep us informed on the status of their plans. Regarding point#3; the UP officials said they would consider time-of-day issues. Regarding point#6, Port of Oakland officials told the Committee they are examining the potential for shipping by river to offload some of the burden from their rail and highway operations. On the following page is a table which summarizes the likely impacts that Mococo freight service will have on communities along the route. After the table on the next page, the following exhibits are attached. Exhibit A —draft letter for signature by the Chair Exhibit B — Contra Costa Times newspaper article on the Union Pacific plan Exhibit C — rail system maps provided by the Union Pacific Railroad Exhibit D—map showing railroad/street crossings, prepared by the Department of Conservation and Development Exhibit E — map showing schools located within 1,000 feet of railroads in Contra Costa County including the UP Mococo line, also prepared by the Department of Conservation and Development. MOCOCO FREIGHT RAIL LINE SEPTEMBER 22, 2008 Page 4 BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued) Summary table: potential impacts of railroad service on local communities Impact Comments Noise Horn noise:Federal regulations require train horns to be sounded four times starting 15 to 20 seconds before the train reaches each street crossing. Local jurisdictions may create "Quiet.Zones" where horns may not be sounded except in certain emergencies. The City of Richmond has established several Quiet Zones. Train noise: Purdue University data indicate freight trains can produce 83 decibels of noise at 100 feet. Federal standards identify 80 decibels as harmful when people are exposed to it for several hours uninterrupted. Diesel emissions California Air Resources Board has agreements with both Union Pacific and Burlington Northern Santa Fe in which the railroads will accelerate their conversion to cleaner fuels and engines, eliminate unnecessary engine idling,and ensure that locomotives with excessive smoke are quickly repaired. CARB land use guidelines cite 1,000 feet as the area at most risk from emissions around rail yards, and 500 feet from freeways. Safety at crossings Regulated by the California Public Utility Commission, which inspects crossings to ensure safety standards are met. Grade separations (bridging the street over the railroad or vice versa) are effective in reducing accidents but are costly and require a lot of space, which isn't always available in existing neighborhoods. Operation Lifesaver is a nationwide non-profit providing education for children and adults on safety at crossings and along railroad tracks. Safety along the route Railroad tracks usually are not fenced off or secured from trespassers. Congestion at crossings UP estimates the trains will travel at speeds from 25 to 65 miles per hour. A mile-long freight train traveling 25 miles per hour would block a street crossing for about 2.4 minutes. Traveling at 65 miles per hour,the street would be blocked for about 1 minute. Hazmat leak or spill (it is not New federal regulations require stronger tank cars, and also known if the Mococo trains require railroads to analyze safer routes every year. will carry hazardous materials) Hazardous material leaks or spills are first reported to the railroad dispatch office, who then notifies the Governor's Office of Emergency Services, who then notifies the County Office of Emergency Services, who then will notify the County's HazMat ! Team. When requested the railroads provide information on the hazardous materials shipped through Contra Costa County for the previous year. ADDENDUM November 4, 2008, Agenda Item D.2 On this day, the Board of Supervisors considered accepting a report on Union Pacific's plans to restart freight train operations on its "Mococo" railroad line and authorizing the Chair, Board of Supervisors, to sign letter addressed to County congressional and senate delegation seeking assistance to review and consider changes to existing federal railroad legislation to allow more local jurisdiction input, as requested by the Transportation, Water and Infrastructure Committee (TWIC). Supervisor Uilkema, TWIC Chair, introduced the item. John Greitzer, Department of Conservation and Development, also provided background as stated in the Board Order. Supervisor Gioia suggested adding to the letter the County's support of the container fee bill that passed the legislature but that the Governor vetoed, as those fees could be used to pay for mitigation of the effects of increased rail activity. He asked that the Board also consider adding that to the County's legislative platform. Supervisor Bonilla said she wasn't sure about using the word"mitigation,"but said that if the Board wants to present its position on the container fee bill this letter might be a good vehicle for that. She suggested copying the County's state legislators on the letter. Supervisor Piepho suggested adding to the letter anticipated benefits to the economy. Supervisor Uilkema said she did not want the County to moot its efforts here and said she would rather release the County's position on the container fee bill in a separate letter. Supervisor Gioia commented that the fee is related to the subject of the letter being considered. The Chair called for public comment and the following person spoke: Lara Delaney, City of Martinez Councilmember, said that increased rail activity would impact the City of Martinez and she suggested forwarding the letter to affected cities, who may want to subsequently send out their own letters. By a unanimous vote with none absent, the Board of Supervisors took the following action: ACCEPTED report on Union Pacific's plans to restart freight train.operations on its "Mococo" railroad line; AUTHORIZED the Chair, Board of Supervisors, to sign a letter addressed to County congressional and senate delegation seeking assistance to review and consider changes to existing federal railroad legislation to allow more local jurisdiction input; DIRECTED the letter be revised to incorporate language opening the idea of future funding for mitigation and add the County's cities and the Mayor's Conference to the list of cc'-s. • EXHIBIT A r��A"�'� JI The Board of Supervisors Contra � �David Twa County Administration Building Costa Clerk of the Board 651 Pine Sheet,Room 106 and Martinez,California 94553 County County Administrator J (925)335-1900 John Gioia, I"District Gayle B.Uilkema,2""District Mary N.Piepho,3`1 District Susan A.Bonilla,4°i District ;; Federal D.Glover,50'District November 4, 2008 The Honorable Dianne Feinstein The Honorable Ellen Ta scher United States Senate 2459 Rayburn HOB 331 Hart Senate Office Building Washington DC 515 Washington DC 20510 The Honorable Barbara Boxer The Honora e Jerry McNerney 112 Hart Senate Office Building 312 Cann House Office Building Washington DC 20510 Washi on DC .20515 The Honorable George Miller 2205 Rayburn House Office Building Washington DC 20515 The Contra Costa County Board of Supervisors w'shes to provide you with our thoughts on potential conununity impacts that could result fromreactivat' n of the Union Pacific Railroad's "Mococo" railroad line in Contra Costa County. We are eager to work wit your office and our cities in addressing our shared concerns and formulating next steps. The Union Pacific Railroad recently confi ed it plans to resume freight train service on this raif line between Martinez and Tracy that hasn't been use to run trains for at least 20 years. During those 20 years, UP has concentrated its freight trains on other tr eks, and a significant amount of residential and retail development has occurred in eastern Contra Costa Cou near the tracks that will now be restarted for freight service. t Most of the freight trains on this ne will be going to and from the Port of Oakland. The pros pect•of active freight service along this rail lin poses several significant concerns for the Board of Supervisors, and we know our concerns are shared by the sties along the route. We are troubled by thefactat the railroad can start freight train operations on this line without seeking public input or recommendation from the local jurisdictions along the route relating to hours of operation, safety measures, or other issue of local concern. It is our understanding that Union Pacific can start freight operations on this line without an regulatory approval from-any agency, and without any public input or consultation. This new freight s ice could have significant impacts on the communities of Bay Point, Pittsburg, Antioch, Oakley, Brentwo d, and Byron. New rail freight operations on this line will expose neighborhoods in these communities to ublic health risks from the locomotives' diesel emissions, excessive noise from the trains and the train whis es (potentially late at night or early in the morning, depending on schedules), and potential safety problems i ere is a derailment of a train .that is carrying hazardous materials. Beyond these neighborhoods, many East County cornmuters could be faced with traffic congestion at the railroad's numerous street crossings, The Board of Supervisors would like your assistance to review federal railroad law and consider changes that would allow local jurisdictions some opportunity for consultation and input into railroad operations that directly affect their communities. By allowing for local input, this would bring railroad regulation more into line with Measure T Growth Mana ement Program { Octo�lien'28;200$ Page 2 of 2 that of aviation, which is subject to local regulation on matters su as the hours in which airports can operate and airport approach routes. Freight trains serving the Port of Oakland are typically abou a mile long. The Port hopes to extend its trains to a nule and a half in length and ultimately to two 11 in l gth, and it also plans to run more freight trains each day as the economy recovers and demand grows in th ears ahead. This will only exacerbate the problems we have noted. For the past two years we have been i iscussions with the Port, the Metropolitan Transportation Commission and several cities on the Port's ex ansion plans, which may be funded in part by the State's Proposition lB Trade CO1Tidor lnpi-ovement F d. _ Given the long history .of local disruptio and safety issues from freight train operations in Contra Costa County, the Board of Supervisors does t wish to see these problems spread to new parts of the County. Our efforts to work with the railroads to - solve these issues have had limited success due to a general lack of responsiveness by the railroads. Contra Costa County has taken t initiative in recent months in offering comments to the U.S. Department of Transportation on proposed ne regulations for routing of hazardous materials shipments and railroad tank car strength. We offered our inpu to U.S. DOT ori these issues because of our ongoing concerns about the shipment of hazardous materials on t ins that pass through dense urban areas that have homes, schools, parks, Head Start centers and senior centers n close proximity to the railroad lines. We would appreciate our consideration of changes to railroad regulations to allow for local input into new railroad operations. e.understand the need to work in partnership with your office and with our neighboring jurisdictions to ad ess this emerging issue and welcome your leadership. We will continue to share with your office any infor tion we learn on UP's proposal and community concerns. Please contact County staff(John Gretizer, 925-3 5-1201, jgrei(cbcd.cccounIy.0s) if you have any.questions on the facts we have learned or any assistance we an provide your office on this issue. Sincere Fed . Glover, Chair Contra Costa County Board of Supervisors FDG\JG G:\Ti-atisportation\Coiiiinittees\TWIC\2008\Boat-d Orders\noventber 4 mococo freight trains exhibit A.doc c: Members,Board of Supervisors Members,TRANSPLAN Committee , Mayors of Martinez,Pittsburg,Antioch,Oakley and Brentwood ' 'e D.Twa,County Administrator City Managers of Martinez,Pittsburg,Antioch,Oakley and Brentwood I Bueren,Public Works Director , C.Kutsuris,Director of Conservation and Development I Cunningham,TRANSPLAN staff M.Davis-Port of Oakland D.Hudson,Chair,Contra Costa Transportation Authority •W.Lujan,Union Pacific Railroad R.McCleary,Executive Director,Contra Costa Transportation Authority R. Sawyer,Director,Health Services Dept.Hazardous Materials Program Area school districts EXHIBIT B East County train back on track By Paul Burgarino East County Times Article Launched:08/18/2008 05:26:38 PM PDT When the Kirkebys bought their Oakley.home six years ago, they were aware of the rail line behind their house. They also knew the line hadn't been used by trains in decades. So it came as a shock when they heard that Union Pacific Railroad intends to again move freight from the Port of Oakland to the Sacramento area using the Mococo rail line, which connects Martinez to Tracy. "I just couldn't believe it," said Heather Kirkeby inside her home on Gold Run Court last week. "It's very frustrating; there's going to be the equivalent of an earthquake rumbling my house every hour or so." The Mococo rail line was last used for carrying freight cargo through the area in 1990. Since then, housing developments,have sprung up along the tracks in rapid-growing East County cities. The unused railway line sat dormant, retained in case it was ever needed again. The line was used to store empty boxcars. Union Pacific officials estimate anywhere from five to 40 trains could run daily, depending on business. The likely scenario is about 10 to 15 trains—up to two miles long—will use the tracks each day, Union Pacific spokeswoman Zoe Richmond said, adding the number is still "nebulous." Plans are "in their infancy," Richmond said. Significant track improvements and community outreach must be done before trains start running, she said. Starting up the line will cause significant noise, traffic and safety issues, affecting quality of life for residentsand derailing some long-term plans, say city officials in Antioch, Oakley, Brentwood and Tracy. No clear answers , Thus far, Union Pacific has talked with city officials, but most say the railroad's answers ' have been vague. Union Pacific officials have not given specific details on how trains will use the track or what times of day they would run. "We don't really know much other than they plan to use the line in the next 18 to 24 months," said Paul Eldredge, Brentwood's assistant director of public works. Last year, Union Pacific executives decided to expand operations to capitalize on a resurgence in overseas companies using rail instead of trucks to ship goods from the Port_ of Oakland because it is cheaper given rising fuel prices. The preferred rail routes fi-om Oakland to Roseville have too many commuter trains because of the Amtrak Capitol Corridor line to the north and Altamont Commuter Express trains to the south and west. Federal regulations say only a certain number of trains can run at one time and the railroad could not swap out corn nuter trains to run freight, Richmond said. It unfortunate to the people who live around the(Mococo) line, but it's a business decision that had to be made," she said. Union Pacific is taking inventory of the rail line,mostly where it "interacts with the public at crossings," Richmond said during a tour of the rail line last week. Trestle bridges, track and old powerIines must also be fixed. Leaders in Brentwood, Antioch and Oakley are worried about effects on traffic, public safety and noise from train whistles and rumbling freight cars. East County officials plan to form a united front for mitigation efforts and in cormnunicating with Union Pacific. "There is really nothing positive about this at all," said Antioch City Manager Jim,lake]. Effect on communities .The trains will likely travel 25 to 65 miles per how-, depending on track and neighborhood conditions, :Richmond said. The Mococo line crosses several major streets in each city. In Brentwood, the track runs on the edge of subdivisions that weren't a glint in a developer's eye when trains stopped running. "It doesn't bisect the city completely in the middle, but it's pretty close," Eldredge said. Brentwood residents Lorenzo and Michelle Zesati said their developer told them that it would be 10 to 15 years before any trains ran on the tracks that lie about 100 feet from their door. But the couple, who bought their two-story house in the Rose Garden subdivision almost two years ago, admit they took the developer's word for it, and didn't consult their disclosure papers. News that the rail could open sooner-frustrates them. For Lorenzo Zesati, it brings fears that the trains could increase crime locally, as it did in the Los Angeles neighborhood where he grew up. "Oh, I hate it," Michelle Zesati said. People.will "be fuming over the issue," Antioch Mayor Donald Freitas said,particularly . over the incessant train noise fi-om both the Mococo and Burlington Noithern Santa Fe . lines. Train whistles range from 85 to 100 decibels, roughly as loud as a jackhammer: "It will exacerbate a nuisance that a lot of people want to see stopped entirely,"he said. Solutions for noise and traffic include building overpasses or installing quiet zones, . where horns at intersections warn of oncoming trains. Both would cost millions of dollars and take years to.implement. Leaders are frustrated Union Pacific doesn't have to study environmental impacts, given how the area has changed. It's an existing line so a study isn't necessary, Richmond said. "Even though they aren't obligated, it doesn't mean they shouldn't do the right thing. They're going to make a lot of money, they should address community issues," Oakley City Manager Bryan Montgomery said. Oakley leaders have concerns about safety in rural areas where children can walk along the tracks. Adding fences around the Burlington Northern Santa Fe line.downtown reduced.the number of accidents on the line, but the Mococo line has no fencing, Montgomery said. The effects for Pittsburg will be less than other East County cities. The track crosses only at Loveridge Road. The other major roads have overpasses. Trains will still rumble through older city neighborhoods in Pittsburg and Bay Point. Martinez shouldn't see much of an effect because the Mococo line runs near industrial Iand where there is "little, if any" development, Mayor Rob Schroder said. Staff writer Hilary Costa contributed to this story. Reach Paul Burgarino at 925-779-7164 or pbur arinoAbayareanews roup.coin. i O � lwn � o as sy t4 N 7W iM cc. 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Washington DC 20515 The Contra Costa County.Board of Supervisors wishes to provide you with our thoughts on potential community impacts that could result from reactivation of the Union Pacific Railroad's"Mococo"railroad line in eastem Contra Costa County. We are eager to work with your office and our cities in addressing our shared concerns and formulating next steps. The Union Pacific Railroad recently confirmed it plans to resume freight train service on this rail line between Martinez and Tracy that hasn't been used to run trains for at least 20 years. During those 20 years, UP has concentrated its.freight trains on other tracks, and a significant amount of residential and retail development has occurred in eastern Contra Costa County near the tracks that will now be restarted for freight service. It is our understanding that most of the freight trains on this line will be going to and from the Port of Oakland. We regard the Port as a key component in our region's economy and we are.generally supportive of economic expansion related to the Port. However,the prospect of active freight service along the Mococo rail line poses several significant concerns for the Board of Supervisors, and we know our concerns are shared by the cities along the route. We are troubled by the fact that the railroad can start freight train operations on this line without seeking public input or recommendations from the local jurisdictions along the route relating to hours of operation, safety measures, or other issues of local concern. A Union Pacific official has met with Contra Costa County and some of our cities, and promised to keep us informed about the railroad's plans, which we appreciate. It is our understanding, however, that Union Pacific can start freight operations on this line without any regulatory approval from any agency, and without any public input or consultation. This new freight service could have significant impacts on the communities of Bay Point, Pittsburg, Antioch, Oakley, Brentwood, and Byron. New rail freight operations on this line will expose neighborhoods in these communities to public health risks from the locomotives' diesel emissions, excessive noise from the trains and the train whistles (potentially late at night or early in the morning, depending on schedules), and potential safety problems if there is a derailment of a train that is carrying hazardous materials. Many East County commuters could be faced with traffic congestion at the railroad's numerous street crossings in the cities and unincorporated areas. The Board of Supervisors would like your assistance to review federal railroad law and consider changes that would allow local jurisdictions some opportunity for consultation and input into railroad operations that directly affect their communities. We request this because it is likely that new or expanded freight rail service will require mitigations at the local level to deal with the impacts, but we lack funding to provide such mitigations. To avoid serious problems that we cannot afford to Mococo freight rail November 4, 2008 Page 2 of 2 mitigate,it would help to allow local input so the railroad can plan the new service in the least disruptive way. By allowing for local input, this would bring railroad regulation more into line with that of aviation, which is subject to local input on matters such as the hours in which airports can operate and airport approach routes. Freight trains serving the Port of Oakland are typically about a mile long. The Port hopes to extend its trains to a mile and a half in length and ultimately to two miles in length, and it also plans to run more freight trains each day as the economy recovers and demand grows in the years ahead.This will only exacerbate the problems we have noted. For the past two years we have been in discussions with the Port, the Metropolitan Transportation Commission and several cities in regard to the Port's expansion plans,which may be fiuhded in part by the State's Proposition 1 B Trade Corridor Improvement Fund. Given the long history of local disruption and safety issues from freight.train operations in Contra Costa County, the Board of Supervisors does not wish to see these problems spread to new parts of the County. Our efforts to work with the railroads to resolve these issues have had limited success due to a general lack of responsiveness by the railroads. Contra Costa County.has taken the initiative in recent months in offering conhments to the U.S. Department of Transportation on proposed new regulations for routing of hazardous materials shipments and stronger railroad freight cars that can better withstand collisions and derailments,without leaking or rupturing.We offered our input to U.S.DOT on these issues because of our ongoing concerns about the shipment of hazardous materials on trains that pass through dense urban areas that have homes,schools,parks,Head Start centers and senior centers in close proximity to the railroad lines. We would appreciate your consideration of changes to railroad regulations to allow for local input into new railroad operations.We understand the need to work in partnership with your office and with our neighboring jurisdictions to address this emerging issue and welcome your leadership. We will continue to share with your office any information we learn on UP's proposal and community concerns.Please contact County staff(John Gretizer,925-335-1201,jI_n-ei(tcd.cccounty.us)if you have any questions on the facts we have learned or any assistance we can provide your office on this issue. cerel y, deral D. Glover,.Chair Contra Costa County' Board of Supervisors FDGUG G:\Transpoiiation\Committees\TWIC\2008\Board Orders\november 4 mococo freight trains letter rev.doc c: Members,Board of Supervisors Members,TRANSPLAN Committee The Hon. Tom Torlakson The Hon.Mark DeSaulnier The Hon. Guy Houston Mayors of.Martinez,Pittsburg,Antioch,Oakley and Brentwood D. Twa,County Administrator City Managers of Martinez, Pittsburg,Antioch,Oakley and Brentwood J.Bueren,Public Works Director C. Kutsuris,Director of Conservation and Development J. Cunningham,TRANSPLAN staff M.Davis,Port of Oakland D. Hudson,Chair,Contra Costa Transportation Authority W. Lujan,Union Pacific Railroad R.McCleary,Executive Director,Contra Costa Transportation Authority R. Sawyer,Director,Health Services Dept.Hazardous Materials Program S. Rainey,Chair,Contra Costa Mayors' Conference Area school districts