Title
Staff Report for a Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding (MOU) with Union Pacific Railroad (UPRR) for the Modification of the Railroad Crossing at Polar Way
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff recommends that the City Council approve a resolution authorizing the City Manager to enter into a Memorandum of Understanding (MOU) with the Union Pacific Railroad (UPRR) for the modification of the railroad crossing at Polar Way.
BACKGROUND
Polar Way (formerly Hudson Lane) provides the only access to the Preferred Freezer site, which is located at 400 Polar Way. This site was previously occupied by Hudson Lumber, and was previously permitted access across the UPRR railroad tracks by UPRR under a private crossing license. The California Public Utilities Commission (CPUC) allows private crossing access only to a single owner. To upgrade the roadway access across the existing UPRR tracks, and expand future opportunities, Hudson I.C.S. requested the City's assistance in changing the status of the railroad crossing from private to public. This change ensures that access to the site will no longer be restricted by the terms of Hudson Lumber Company's private crossing license. Only a public agency having jurisdiction over adjacent, receiving public right-of-way has the authority to apply for a public crossing license and therefore the City led the negotiations for the change in status of the crossing. The CPUC approved the request for change in crossing status in April 2004, consequently making it necessary for UPRR to enter into a MOU with the City for any modifications to the crossing.
Analysis
The upgrade to the crossing will involve the widening of Polar Way, allowing for two (2) lanes of traffic in each direction of travel, and installation of new ADA compliant sidewalks on both sides of Polar Way. The work will be performed in three (3) phases: relocation of the existing railroad gates and equipment; construction of the widened driveway across the railroad track; and installation of the new railroad gates and equipment. The intent of the phasing of the work is to avoid unnecessary expenditure related to the installation of the new railroad gates and equipment, in the event that Alameda County purchases the rail right-of-way for the Eastbay Greenway, based on the outcome of Measure BB in the November election.
The improvements at the railroad crossing will enable delivery trucks to Preferred Freezer to quickly access and leave the site with the least impact to City streets because of the ability of the trucks to turn left from Polar Way onto San Leandro Boulevard, and get to Marina Boulevard en route to the freeway.
The previously executed Public Improvement Agreement between the City and Chill Build, LLC included provisions for financial responsibilities related to the improvements. Chill Build will pay its expenses, UPRR expenses related to the MOU, including additional right-of-way costs for the roadway widening, and the City's expenses for the work related to the MOU.
Previous Actions
On July 21, 2014, by Resolution No. 2014-082, the City Council authorized the City Manager to enter into a Public Improvement Agreement with Chill Build, LLC on the subject project.
Permits and/or Variances Granted
UPRR right of entry permit will be obtained prior to any work on UPRR right-of-way.
Environmental Review
A CEQA Notice of Exemption was obtained in October 2003.
Fiscal Impacts
· There is no fiscal impact from this project
· All costs incurred in preparing and processing the MOU will be paid by Chill Build, LLC.
· All construction and inspection costs for the improvements for the project will be paid by Chill Build, LLC.
ATTACHMENT
Attachment to Resolution
· MOU with UPRR
PREPARED BY: Austine Osakwe, Senior Engineer, Engineering and Transportation, Department