08 Staff Report - 14300 Winchester Boulevard
DATE: TO: FROM: SUBJECT: MEETING DATE: 9/(fl/04 AGENDA ITEM: 8 COUNCIL AGENDA REPORT September 2, 2004 MAYOR AND TOWN COUNCIL ORRY P. KORB, TOWN ATTORNEy()y./ADOPT A RESOLUTION AUTHORIZING
THETOWNTO BECOME A COAPPLICANT WITH VALLEY TRANSPORTATION AUTHORITY AND SOBRATO INTERESTS III IN AN APPLICATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO CONVERT A PRIVATE RAILWAY
CROSSING EASEMENT AT 14300 WINCHESTER BOULEVARD TO A PUBLIC CROSSING RECOMMENDATION: Adopt a resolution authorizing the Town to become a co-applicant with Valley Transportation Authority
and Sobrato Interests III in an application to the California Public Utilities Commission to convert a private railway crossing easement at 14300 Winchester Boulevard to a public crossing.
BACKGROUND: On May 3,2004, the Town adopted an amendment to a planned development ordinance authorizing a mixed housing and office use at 14300 Winchester Boulevard (Ordinance No. 2130).
Railroad tracks within a right-of-way parallel the frontage of that project on Winchester Boulevard. The right-of-way is owned by the Valley Transportation Authority ("VTA") and, in
the vicinity of the development site, maintained by the Union Pacific Railroad ("UPRR"). The driveway entry to the project site is perpendicular to and crosses the tracks and right-of-way.
That crossing is currently classified as a private crossing, meaning that its sole beneficiary is the owner of the project site, Sobrato Interests III ("Sobrato"). Condition No. 51 ofOrdinance
No. 2130 requires that the private crossing be improved with safety devices consistent with a public crossing, which would be maintained by Sobrato and VTA. PREPARED BY: ORRY P. KORB,
TOWN ATTORNEY aPK: LMB/wp [N:IATYlRRcrossing.tcr.wpd] Reviewed by: Manager 5(6') Finance Rev: 9/2/04 10: lOam Refonnatted: 7/19/99 Assistant Town Manager Community Development
Clerk File# 301-05 r
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN TO BECOME A COAPPLICANT WITH VALLEY TRANSPORTATION AUTHORITY AND SOBRATO INTERESTS ill IN AN APPLICATION
TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO CONVERT A PRIVATE RAILWAY CROSSING EASEMENT AT 14300 WINCHESTER BOULEVARD TO A PUBLIC CROSSING September 2, 2004 Jurisdiction for approving
the conversion ofa private railroad crossing lies with the California Public Utilities Commission ("CPUC"). On March 5, 2004, VTA and Sobrato filed an application with the CPUC for permission
to convert the crossing from private to public (Application No. 04-03-003) and for approval of new automatic warning devices and related traffic controls. These safety enhancements will
be necessary to upgrade the crossing for increased use from the Sobrato development. Pursuant to a Construction and Maintenance Agreement to be executed by VTA and Sobrato, the proposed
safety enhancements to the crossing will be designed by VTA, funded by Sobrato and owned and maintained by VTA, except that Sobrato will maintain the enhancements located on its property.
This application was objected to by UPRR, the prior owner of the railroad right-of-way, which retained an easement allowing its continued use of the track. UPRR argues that the Town,
which has jurisdiction over the adjacent public roadway, Winchester Boulevard, should be a co-applicant. UPRR has indicated that the Town's appearance in the proceeding and changes in
maintenance arrangements with VTA would satisfy its protest. Consequently, both VTA and Sobrato have asked the Town to join in the application. DISCUSSION: The request to join the application
ofVTA and Sobrato has been evaluated in terms of whether it would further the Town's goal in ensuring the safety improvements to the railway crossing, whether it would increase the Town's
legal liability for personal injury and property damage resulting from the use of the crossing and whether it expands the Town's financial responsibility for the construction and maintenance
of improvements to the crossing and any other improvements that might be required by the CPUC elsewhere on or near Winchester Boulevard. We are informed byVTA's legal counsel that the
Town's joinder in the application would likely be required by the CPUC before it would permit the crossing conversion and approve installation ofthe safety enhancements. However, active
involvement in the application could also increase liability for damages and responsibility for improvement related costs. VTA, Sobrato and UPRR are not looking to the Town for reimbursement
of any construction or maintenance costs. Additionally, VTA and Sobrato are offering to indemnify and hold the Town harmless against any risks associated with the new construction and
use of the enhanced crossing and any responsibility for future construction or maintenance costs. Assuming an acceptable form of indemnity, joining the application will enable the Town
to help
PAGE 3 SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN TO BECOME A COAPPLICANT WITH VALLEY TRANSPORTATION AUTHORITY AND SOBRATO INTERESTS ill IN
AN APPLICATION TO THE CALIFORNIA PUBLIC COMMISSION TO CONVERT A PRIVATE RAILWAY CROSSING EASEMENT AT 14300 WINCHESTER BOULEVARD TO A PUBLIC CROSSING September 2, 2004
ensure that the crossing is improved without a significant increase in the Town's liability for damages or responsibility for improvement related costs arising from thejoinder. Therefore
Council should adopt the attached resolution which would approve joining the application upon receipt of indemnification from VTA and Sobrato in a form acceptable to the Town Attorney.
Attachment: Proposed Resolution Distribution: Benjamin H. Scharf, Senior Assistant Council, Santa Clara Valley Transportation Authority, 3331 N. pi St., Bldg. C-2, San Jose, CA 95134-1906
Tim Steele, Vice President, Sobrato Development Companies, 10600 N. De Anza Blvd., #200, Cupertino, CA 95014
RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN TO BECOME A CO-APPLICANT WITH VALLEY TRANSPORTATION AUTHORITY AND SOBRATO INTERESTS ill IN
AN APPLICATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO CONVERT A PRIVATE RAILWAY CROSSING EASEMENT AT 14300 WINCHESTER BOULEVARD TO A PUBLIC CROSSING WHEREAS: A. On May 3, 2004,
the Town adopted an amendment to a planned development ordinance authorizing a mixed housing and office use at 14300 Winchester Boulevard (Ordinance No. 2130). B. Railroad tracks within
a right-of-way parallel the frontage of the project site on Winchester Boulevard. The right-of-way is owned by the Valley Transportation Authority ("VTA") and, in the vicinity of the
project site, maintained by the Union Pacific Railroad ("UPRR"). The driveway entry to the project site is perpendicular to and crosses the tracks and right-of-way. That crossing is
currently classified as a private crossing, meaning that its sole beneficiary is the owner of the project site, Sobrato Interests ill ("Sobrato"). Condition No. 51 of Ordinance No. 2130
requires that the private crossing be improved with safety devices consistent with a public crossing, which would be maintained by Sobrato and VTA. C. Jurisdiction for approving the
conversion of a private railroad crossing lies with the California Public Utilities Commission ("CPUC"). On March 5, 2004, VTA and Sobrato filed an application with the CPUC for permission
to convert the crossing from private to public (Application No. 04-03-003) and for approval of new automatic warning devices and related traffic controls. These safety enhancements will
be necessary to upgrade the crossing for increased use from the Sobrato development. 1
D. The application was objected to by UPRR, the prior owner of the railroad right-ofway, which retained an easement allowing its continued use of the track. UPRR argues that the Town,
which has jurisdiction over the adjacent public roadway, Winchester Boulevard, should be a co-applicant. To eliminate this objection, both VTA and Sobrato have asked the Town to join
in the application. RESOLVED: 1. That the Townjoin in the Application No. 04-03-003 to the California Public Utilities Commission seeking pernlission to convert a private railway crossing
easement at 14300 Winchester Boulevard to a public crossing. 2. That the Town Manager is authorized to sign documents necessary to implement this Resolution. PASSED AND ADOPTED at a
regular meeting of the Town Council of the Town of Los Gatos, California held on the COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: day of SIGNED: , 2004, by the following vote:
MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\rrcrossing.reso.wpd 2