HomeMy WebLinkAbout1993-11-23 - AGENDA REPORTS - SOLEDADCYN (2)NEW BUSINESS
DATE:
SUBJECT:
DEPARTMENT:
BACKGROUND
AGENDA REPORT
City Manager Approve
Item to be presented
Anthony J. NisichLDl"a
November 23, 1993
CONCEPTUAL APPROVAL FOR ESTABLISHING A MAINTENANCE DISTRICT
FOR TWO UNDERCROSSINGS UNDER THE EXISTING RAILROAD TMCKS
ALONG SOLEDAD CANYON ROAD TO ACCESS A LAND -LOCKED PARCEL
Community Development
The City was approached by the property owner (Penton Properties) of the land -locked parcel
shown on the attached sketch to form a district to cover the cost to operate and maintain two
proposed undercrossings for the benefit of the property. The property was land -locked due to the
realignment of the railroad tracks near Soledad Canyon Road and Penlon Road.- Penton has
approached the City at the request of the Metropolitan Transportation Authority (MTA), Southern
California Regional Rail Authority (SCRRA) and the Public Utilities Commission (PUC), who require
the construction applicant for new railroad crossings be a public agency.
The construction of the two undercrossings are part of the proposed settlement between the
property ownerand the MTA, SCRRA and Southern Pacific Transportation Company (SPTC) to meet
the concerns of all the parties Involved. The City may be able to incorporate appropriate language
Into the settlement to protect the City from construction liability, tort liability and direct maintenance
costs due the construction of the undercrossings. The district would provide for the cost of
maintenance for the undercrossings. The property owner will do all of the processing and pay all
of the fees associated with processing the application. Staff has given a conceptual approval for
the locations of the two railroad undercrossings shown on the attached sketch.
RECOMMENDATION
1: Authorize staff to negotiate with the MTA, SPTC and Penlon to Include In the settlement
agreement the requirements that Penton will construct the undercrossings at no cost to the City
and that the City will through, the appropriate district, maintain the undercrossings.'
2. Provide direction to staff that the settlement agreement and maintenance district shall Insulate
the City from construction Ilabiltty, tort liability and direct maintenance costs for the
undercrossings.
3. Approve In concept the formation of the district to maintain the undercrossings upon
completion of the construction, and authorize the City to be the applicant of record for
processing the approvals through the MTA, SCRRA, SPTC and the PUC.
ATTACHMENT
Exhibit A
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counci�penlon.rgn Conti
EXHIBIT A
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