The following is from Richmond Assistant City Attorney Carlos Privat:

Per your request, the following is a status on our efforts to create quiet zones related to the Honda Port of Entry Project and the private crossing at All Aboard Storage.

West 5 Quiet Zone - 2^nd Street, 3^rd Street and 4^th & Cutting

The signal upgrade agreements were fully executed on November 6, 2009 at which time BNSF requested the Authority for Expenditures (AFE’S) for the 3 crossing projects. AFE’s were assigned on November 10, 2009.  According to BNSF, the projects will now be assigned to a Signal Engineer in Kansas City who will coordinate the preparation of the electrical drawings, creation of the material lists, pre-wiring of the bungalows and shipping of the materials. BNSF reports that the materials should ship in June 2010 and that it will take approximately 4 weeks of field work on each of the crossings to complete the upgrades.  Once the work is complete, we will issue a Notice of Quiet Zone Establishment.  A Notice of Intent was issued on November 20, 2009.

Canal/Wharf Street Quiet Zone

The diagnostic meeting took place on December 2, 2009.  The diagnostic team (FRA, PUC, City, BNSF and industries) agreed to implement various improvements for each crossing. Estimates for the railroad-related work have been requested of BNSF.  BNSF anticipates the estimates will be ready in 2 to 4 months.

The FRA will not permit the City to create a federal quiet zone for all crossings (1 public and 6 private) since the quiet zone would end with a private crossing.  The FRA has suggested we create a single federal quiet zone at Wharf Street which would capture all private crossings within ¼ mile of each side of the crossing, namely the National Gypsum and Kinder Morgan private crossings.  The BP and Conoco Phillips private crossings, outside of the ¼ mile federal jurisdiction, would have to fall within a state permitted private crossing quiet zone.  We will be approaching the PUC on this in early 2010.

All Aboard Storage – Private Crossing Quiet Zone

We have broached the subject of establishing a quiet zone at this private crossing with UP.  While we (PUC, City and BNSF) originally believed the tracks at this location were owned by BNSF, this process has revealed probable UP ownership.  We look to meet with UP and BNSF (BNSF maintains the track per agreement) in early 2010 to assess UP’s support for the quiet zone.  The PUC has warned that without railroad support, the PUC will not grant a quiet zone at this private crossing.

Please let me know if you have any questions.

Carlos A. Privat

Assistant City Attorney

City of Richmond

450 Civic Center Plaza

Richmond, CA 94804-1630

510.620.6509 (Office)

510.620.6518 (Fax)