HomeMy WebLinkAboutAgenda Report - June 5, 1991 (72)CITY COUNCIL MEETING
June 5, 1991
QUESTIONS POSED REGARDING
SCHEDULED STREET WORK PROJECTS
CC -6 Council Member Pennino indicated that he is aware that
overlays are being done on certain streets in Lodi and
asked the Public Works Director if like work has been
scheduled for iodi Avenue, east of the railroad tracks.
The Public works Director indicated that he tivi l l check the
schedule and report back cn the matter.
MEMORANDUM, City of Lodi , Public Works Department
T0: City Manager
City Council
FROM: Public Works Director
DATE: July 9, 1991
SUBJECT: Lodi Avenue Street Improvements
At the Council meeting of June 5, 1991, Councilmember Penni no asked if any
street improvement work was scheduled on Lodi Avenue west of the railroad
tracks. This memo is responding to that inquiry.
In the 1988/89 Street Capital Improvement Program (CIP), $10,000 was
budgeted for preliminary engineering on Lodi Avenue between Main Street
and Cherokee Lane. In the 1989/90 CIP, $142,000 was budgeted for an
overlay. Copies of the 1988/89 and 1989/90 CIPS are attached as Exhibit A
and Exhibit B.
In order for this overlay project to be completed, the Central California
Traction Company was requested to raise their tracks which are located in
the center of Lodi Avenue. After much correspondence and a number of
field meetings with Central California Traction Company and their parent
companies, Central California Traction Company took the position that they
did not have a problem with the existing condition of their facilities.
They indicated unless they were under a franchise agreement which required
them to re -do the tracks, their position was that they would do nothing.
Attached as Exhibits C and D are mends from the Assistant City Engineer
and the City Attorney which discuss the problems with the franchise
agreement. The only franchise agreement which can be found is a 1905
County ordinance allowing Central California Traction to use Lodi Ave.
(and other streets). Since the railroad tracks traverse the centerline of.
the street, this is not considered a street crossing under the definitions
of the Public Utilities Commission (PUC). Therefore, the PUC general
orders requiring track maintenance do not govern.
Because of the problems experienced in obtaining the cooperation of
Central California Traction Company, the dollars budgeted for the actual
paving of Lodi Avenue were removed from the Street CIP in 1990/91.
However, the money for preliminary engineering has continued to be carried
forward annually. Some surveying work has been done on this project.
The City of Lodi performs an annual condition survey of al i railroad
crossings and railroad tracks within our public right-of-way. Attached as
Exhibit E is a survey dated February 8, 1988. In 1988, the surveys were
being done twice a year, however, we have since changed to an annual
survey. This 1988 condition survey rated Lodi Avenue within the subject
limits as "fair condition". It was noted that the rails had settled and
the pavement was raised around the rails. Since 1988, the condition of
MCM9112/TXTW.02M
City Manager
July 9, 1991
Page 2
the Central California Traction Company tracks has worsened. Attached as
Exhibit F is the January 1991 condition survey showing the condition as
"hazardous". In the calendar year 1991, the City has received two
liability claims related to the condition of the Central California
Traction Company tracks in Lodi Avenue.
Because of the 1991 annual condition report, the recent liability claims
against the City, and the concern of Courc-i lmember Pennino, W have worked
with the City Attorney and formulated the letter to Central California
fraction Company attached as Exhibit G.
Since the subject tracks serve one of the City's larger employers, Pacific
Coast Producers, and since these tracks will ultimately have to be
relocated to construct any future grade crossing separation at Lodi
Avenue, and since vie understand Southern Pacific is contemplating the
abandonment of the Kentucky Branch line which runs parallel to Lockeford
Street which could serve as an alternate to the tracks in Lodi Avenue, it
is recommended that this subject be discussed at a future shirtsleeve
session. This item could then be agendized so we could receive the
appropriate direction from. the City Council on Central California Traction
Company's
%Lodi nue tracks.
4<
rPubli
k Ronsko
Wcd<s Director
JLR/mt
A ttachrnents
MCD19112/TXTW.02M
- �IREETS - L�-2--89 CAPITAL itMVEk—M,
PRCJECT Dv=,ZiP1 ION
COST
July 1988
Exhibit
ReqRYS AND FUMING
° MI I' u,_LANEOUS WIDP'?dING
50,CC0
° MISC. MM & Gin' Tt PRDJECt'S
15,000
° SIDEA K i?GPACING
30,000
° HANDICAPPED RADE' INSTA! LATICCG
15,000
(various locationny
° TRAP,-IC OF'ERA7J TU AL IMMVRENrrS
1.Miscellaneous
20,000
2. Stockton Street at Hav 12 Left Turn Phase
7,000
$7,000 State of California will be lead
agerxy (modify existing signal).
° TRAFFIC SIGNAL IK-�MS
1. Lmer Sacramento Road/Lodi Avenue
90,000
2. Lower Sacranento Road/Elm Street
80,000
° WIMING/RECCPtST 1,01CN PROJECTS
1. MUMS MS STREET
a. Tokay - Lodi (Construction)
b. Lodi - Pine (Pre -Engineering)
2. LODI AVENUE
Lodi - 700' E/Cluff - Guild (S side)
3. LMR SACRANE, ROAD
Operational imrovements, St. Mtritz - Turner
° ASPPALT OVERLAYS
LSE S REFI - SPRR to Cherokee
2. LODI AVENUE -TT1n to ro ee
3. STREET - Kettleren to 100' S/Mendoc
4. HA.k70 LANE - Hutchins to SPRR
SPRR to 4CO' W/Stockton Street
5. LOCKEFORD SIRE7 - SPRR to Stockton Street
Stockton Street to Cherokee
° MISCELLANEOUS PPWECTS
1. OVERLAY A"XYSIS/DESIGN
2. TOKAY FENCE, GATE AND PLANTER REPAIR AT
WID CROSSM
° RAILRC.AD CROSSING APPROAGi IrrWVDENiS
1. Lona Drive
2. California Street
241,0(X}
10,E
City responsible for irrproving south sick of
53,000 Lodi Avenue. Work to be done in conjunction
with developer irrproverents .
158,000 Auxiliary lanes at intersections only
(in conjunction with signals).
?23,00Q____ Curo and �rtter work inclv4-d-to-me—treas.
10,000 Project i con con njunction with CL -T RR rehab.
81000 Gesign budgeted 1986-87.
4,000
TGTAL 1,307,000
CYM3/89.SfTIM. 021
(10/13/83)
I Exhibit B
Streets -'1989/94 Capital Improvement Program City of Lodi - Public Works Department
Cost in Work In
Project
Jul -89
Progress
89-90 Remarks
Account 4
Miscellaneous'Widening
50.000/yr
3.166
50
33.0-500.01
Misc. Curb & Gutter Replacements
15,000/yr
15
330-500.03
Sidewalk Replacements
50,000; yr
50
33.0/ 12S.0-00.04
Handicapped Aamp Installations
5,000/yr
5
33.0-500.05
Traffic Operational Improvements
1. Mi scellwW ous
15.000
13,932
15
33.0-500.17
2- Stoc'tton St P Hwy 12 LT phase
845
Project completed, Cal Transto closeout
33.0-500.20.
3. Church St Coordination lrnpr.
52.000
52 Convert signals to traffic actuation
33.0-500.33
Traffic Signals
Listed in order per 1587 Priority Study
1 Victor/Guff
89.826
Waiting for RR to install xing protection first
33.0/126.0-500.88
2- Lwr. Sacramento/Lodi
90.0170
126.0-500.96
3. Lwr. Sacramento/Elm
80,000
126.0-00.97
Street Widening Projects
1. Hutchins Street
a Tokay to Lodi
361.593
Widening on east side 1/2 blk S/Lcdi only
124.0-5CC.75
b. Lodi to Pine
Project adopted in 1962 included some
Preliminary Engineering
9.953
widening S/Walnut, not I o General Plan width
n4.0-500.99
Right-ef-Way (W. side S/V'lalnut)
66.000
66
124.0-500.99
2. Church Street- Century to Kettleman
Widening only along unimproved section on west side
Right -of -Way (t 700 bik)
35.000
35
33.0-500.34
Reconstruction
250.000
100
124.0-500.34
CG&SWK 1700 block
8,000
8
124.0.500.34
CG&SWK 1900 block
8.000
8
124.0-500.34
3. Lodi/Guild @ Griffin industrial Park
127.285
City responsible for E. side of Guild& S.
32.0,'33.0-50021
4. Lower Sacramento Road
a- Preliminary Engineering
5.271.
124.0-500.86
b. Operational Improvements
158.000
Turn lanesonly (w/signals @ Lodi. Elm)
124.0/125.0-500.22
Pavement Rehabilitation Projects
Estimate is for type of rehab. indicated and
i. Stockton Street
may varyw/final design
Lodi to Lockeford, overlay
176,000
176
125.1-500-35
2. Fine Street
a. SPRR to Cherokee. overlay
220,275
124,0.5C0,23
tersection, over
19,000
19
1240-50037
2 Lodi Ave-tue
a. PreliminaryEngineering
10,000
330.50024
b MainloCentral.overlay
142,0D0
1421/
1240-50038
c Beckman to Kelly, overlay
25.000
25
124 0-500 39
5 Churcn Street -Fiery 12 to 100'S/Mendocino overlay
70.952
to be deleted
124 0.500 25
6 Harney:.are-Hutchins to 400' W/Stkn,
overlay
89.981
124 0-50026/27
7. Lockeford Street
SPAR to Cherokee overlay
114.991
32.0.500.28129
8. Cherokee Lane
'il Kettlemanaoproaches
50.000
60 Reconstruct LT & thru lanes r�� intersection
33.0.500.40
9.Ham Cane. Hwy 12 to Vine. overlay
216.420
includes minor widening 33.0/124.(,/ 126.0-500.91/32.0-500.94
10. Pacific Ave • Walnut to Pacific: Walnut St S
94.804
g) MSC driveway 8 parking lot
33.0/12.1 0-500.90
Page t 0cf. 23.1989
8990STCP )(LS
Exhibit C
Memorandum: City of Lodi Publ is works Department. Engineering Division
To: City Attorney OE'J0 2'88
Frcm: Assistant City Engineer City Attorney's Office
Date: December 2, 1988
Subject: Central California Traction Franchise/E. Lodi Ave.
As vie discussed earlier, .ve have a problem with the condition of the CCT
tracks in the center of E. Lodi Ave. W wish to overlay the street in a
year or so and their tracks are wavy and below grade. They should be
reconstructed to a straight and higher grade similar to what the SPT Co.
did on Lockeford St. in conjunction with our rehab of the street a few
years ago.
W met w/CCT and representatives of their parent companies - their
comment was that they didn't have a problem with the condition and
unless they were under a franchise which required them to redo the
tracks on our request, they wouldn't do anything.
I and the City Clerk have searched the files for franchise documents and
all vie can find is the attached 1905 San Joaquin County ordinance #314
which grants them a 50 year franchise. (E, Lodi Ave was in the County
then) It appears the franchise was never renewed although there are
some modifications that were apnroved such as the attached City
Ordinance #185.
Our question is, how should we proceed to get them to agree to fixing
the tracks in conjunction with our project?
i.{,�_,
Richard
cc CQ/JLR
MEMORA DW -.
To: Richard Prima, Assistant City Engineer
From: Bob McNatt, City Attorney
0a t a : December 8, 1988
Exhibit D
C 0�-r988
Re: Central California Traction Franchise/East Lodi Avenue
The resolction to the problem Ae are experiencing with Central
California Traction's franchise on Lodi Avenue is not going to be
resolved as quickly and easily as 1 first thought. What I read the
Ordinance of San Joaquin County, granting CCT a franchise in 1905, ;
was encouraged to note that it had a term certain of 50 years specifiF:',
in the Ordinance. There i s a case precisely on point, Mann v. City of
Bakersfield (1961) 13 Cal.Rptr. 211, which says that upon expiration
of a franchise to iay and maintain railroad tracks upon city streets,
the city may require the railroad to remove its tracks and may enjoin
its continued use of the streets as a public nuisance. This was backed
up by a long line of cases such as Vanderhurst v. Tholcke I13 Cal .
147, and suggested that Ae simply had to declare, as successors in
interest to the County, that the franchise had expired and we- could
then move the tracks off of the street if CCT was uncooperative.
However, ny enthusiasm was dampened when I read further into City of
Lodi Ordinance No. 185 adopted in 1931. 1 believe the effect of this
Ordinance is not to extend San Joaquin County's franchise, but to
grant an entirely new franchise for "... such term, period and length
of time as shall meet with the pleasure of the City Council ..." Under
these circumstances where no time for expiration is specified, W are
under an obligation to deal at arm's length with the Railroad and not
arbitrarily to simply evict them from our street. Since the Ordinance
contains no expiration date, the provisions of Public Utilities Code
56460, specifying that franchises shall be of an indeterminate period
if no time is specified, probably applies. The result is a continuing
franchise.
I note that Ordinance 185 in section FIRST specifies that the Railroad
must, ma i n to i n i t s roadbeds and tracks " ... to the o f f i c i al grade of a ? ?
streets . . . " , and further that section THIRD of the Ordinance is
required to keep " ... said rails, in good repair, and shall grade or
regrc,de ... the same with such material as shall be satisfactory to the
City Council ... " .
This suggests to me thet we have to first tell the Railroad we plan to
regrade the street and offer them the opportunity to do likewise with
their rails. Should they fail to do so, the Council can then indicate
to the Railroad its intent to declare the "franchise" (although that
word is never used in Ordinance 185) forfeit under the terns of the
Ordinance, which specify that the right to operate the Railroad is "...
subject to the terms and conditions hereinafter made and em).ressed
;his would apparently -rotect the railroad's due process rights.
Richard Prima, Assistant City Engineer
Page Two
Incidentally, I spoke with Ed Thurban, area engineer for the California
Public Utilities Commission, Rail Safety Division, telephone (415)
557-0534, who explained that he had been involved in the previous
situation on tockeford Street, and i t was h is opinion that this
involved a "gray area", since the PUC has Jurisdictions at crossings,
but not in streets. i had at first contemplated asking the PLIC for
assistance in this matter, but that does not appear to be an option at
this point.
Please let ne know if you would like to set up a meeting with CC,r to
present our position.
Bob MCPtatt �—
C i t y Attorney
BM:vc
CENTTRAC/TXTA.OIV
CITY COUNCIIEVEL! t
JOHN R M (Randy)
SN Mayor CITY O O D I
)�JHN R (Randy? SNIDE R ����,,,JJJJ ��-�!/ ��VJJ"' 33��
Mayo- Pro Tempore CITY HALL. 221 WEST PINE STREET
DAVID M. HINCHMAN CAL, BOX 3006
JAMES W. PINKER TON. Ir LODI, CALIFORNIA 95241.1910
FRED M. REI D (209) 334-5634
TELECOPIiR (209)333.6795
February 8, 5388
Exhibit E
T H O M A S A. PETERSON
City Manager
,*.LICE M REIMCHE
City Clerk
RONALD M. STEIN
City Attorney
Central California Traction Company
1645 Cherokee Road
Stockton , CA 95205
Attention Mr. Melish
Gentlemen:
SUBJECT: Railroad Crossings and Branch Line Within the City of Lodi
The semi-annual survey of Central California Traction Company raiIroad
crossings and branch line within the City of Lodi has been completed.
A report of our findings is enclosed.
Please note that six areas are in a hazardous condition and should be
repaired immediately. The enclosed photographs of the crossing and
branch line showing the hazards are Iisted in the report. Any or all
conditions could contribute to a major accident, damage or injury to
motor vehicles, motorcyclists or bicyclists.
The Main Street crossing and branch line extending from Main Street to
Cherokee Lane has numerous chuck holes and settled tracks that cause
water to pond. Ponding of the water within the track area has caused
chuck holes and pavement failure adjacent to and outside of the track
area. Lodi Avenue between Main Street and Cherokee Lane will require
an overlay in 1989. It is important that the City of Lodi and Central
California Traction Company coordinate a Joint venture to renovate the
tracks and overlay the street at the same time.
Please contactrre within 30 days in Order that a field review of the
listed deficiencies can be made and the repair schedule discussed. I
can be contacted by calling (209) 333-6740.
Sincerely,
A� �l
Glen C.
Street
Dalt er
Superintendent
GCB/s is
Enclosure
cc.: Public Utilities Commission, Ed Thurban
Public Works Director, Jack L. Ronsko
L
CENTRAL CALIFORNIA TRACTION COMPANY RAILROAD CROSSINGS
CITY OF LOD I
February B. 1988
LOCATION NO. OF TRACKS P.U.C. NO. CONDITION
Good Ea it Hazardous
Tokay Street
1
x
X
Lodi Avenue
1
61B -18C
Rail sattlpd
payment raised
Cherokee Lane
I
6113-1.0
X
Pine Street
i
GI -13.3
900 B 1 k E. Lodi Ave.
1
X
1200 81 k E. Lodi Ave.
I
X
X
Beckman Road
1
618.0.75
Rails
settled and pavement
raised
next to rail
X
Main Street southside
l
Rads
settled pavement low and -
raised
next to track
Main Street northside
I
t
` Central California Tratt .on Company
February 8, 1988
Page 2
MISCELLANEOUS
BRANCH LINE
LOCATION
CONDITtON
Good
F air Hazardous
X
Hain - Stockton
Chuck holes
and rails settlinq
causing damage
to street
Stockton - Washington
Chuck holes
and rails settling
causing damage
to street
Washington - Central
Chucks holes
and rai Is settling
causing damage
to street
X
Central - Garfield
Chuck holes
and rails settling
causing damage
to street
X
Garfield - Cherokee
Chuck holes
and rails settling
aiicinq damage
to street
CITY COUNCIL
DAVID M HINCHMAN, Mayor
jA.MES W PINKERTON. (r
Mayor Pro Tempore
PHI'LLIP A PENNINO
JACK A SIEGLOCK
JOHN K (Randy) SNIDER
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
P.O. 3 0 X 3006
LODI. CALIFORNIA 95241-1910
(209) 334-5634
FAX (2031333.6795
January 3, 1991
Central California Traction Company
Attention: Mr. Melish
1645 Cherokee Road
Stockton, CA 95205
Exhibit F
THOMAS A. PETERSON
City Manager
ALICE M REIMCHE
City Clerk
806 McNATT
City Attorney
SUBJECT: Railroad Crossings and Branch Line Within the City of
Lodi
The annual survey of the Central California Traction Company
railroad crossings and branch line within the City of nodi has
been completed. A report of our findings is enclosed.
Please note that eight areas are in a hazardous condition and
should be repaired immediately. The enclosed photographs of the
crossings and branch line showing the hazards are listed in the
report. Any or all conditions could contribute to a major
accident, resulting in damage to vehicles and injury to
motorists, motorcyclists or bicyclist -s.
The hazardous Main Street and Beckman Road crossings and the
branch line extending from Main Street to Cherokee Lane was
brought to your attention in our January 19, 1989 and January 8,
1990 report.
In our February 8, 1988 report, We requested that the City of
Lodi and Central California Traction Company coordinate a joint
venture to renovate the tracks and overlay the street on Lodi
Avenue in 1989. on September 28, 1988, we met with you and
representatives of the parent companies to discuss the joint
venture project. To date, we have not had any response regarding
the companies' intent.
Central California Fraction Company
January 3, 1991
Page 2
Please contact me within 30 days in order that a field review of
the hazards listed can be reviewed and the repair schedule
discussed. I can be conducted by telephone at (209) 333-6740.
Glen C.na tzer
Street Superintendent
GB/ts
Enclosure
cc: Public Utilities Commission, Mr. Ed Thurban w/enclosures
Public Works Director, Mr. Jack Ronsko w/enclosures
0191sr.C6
CENTRAL CALIFORNIA TRACTION COMPANY RAILROAD CROSSINGS
CITY OF LODI
JANUARY 3, 1991
NO. OF
'LOCATION TRACKS P.U.C. NO. CONDITION
Tokay Street
Lodi Avenue
I
61B -18C
Cherokee Lane 1 61B-1.0
Pine Street 1 G1-13.3
900 Blk. E. Lodi Avenue 1
1200 Blk. E. Lodi Avenue 1
Eeckman Road 1
Main Street southside
CONTINUED ON NEXT PAGE
0191SR.05
1
GOOD FAIR HAZARDOUS
X
X
Rail settled at pavement,
chuckholes and raised
pavement
11
X
Raised pavement at edge of
roadway
X
X
61B.0.75 X
Rails settled and pave-
ment raised next to rail
X
Hails and pavement
settled and pavement
raised next to rail.
1
LOCATION
Main - Stockton.
Stockton - Washington
Washington - Central
Central - Garfield
Garfield - Cherokee
0191 SR.05
MISCELLANEOUS - BRANCH LINE
NO. OF
TRACKS P.U.C. NO. CONDITION
GOOD FAIR HAZARDOUS
x
Raised pavement,
chuck
holes and rails
settling causing
damage
to street
X
Raised pavement,
chuck
holes and rails
settling causing
damage
to street
X
Raised pavement,
chuck
holes and rails
settling causing
damage
to street
X
Raised pavement,
chuck
holes and rails
settling causing
damage
to street
X
Raised pavement,
chuck
holes and rails
settling causing
damage
to street
2
CITY COUNCIL
DAM M INKERVtAN •,avor CITY O F L O D I
JAMESS 4V PrNKFRTCN it
Mayor pro Tempore
PHILLIPA PENNINO CITY HALL, 2-11 WEST PINE STREET
JACK A SIEGLOCK PO BOX 3006
JOHN R (Randy)SNIDER LODI, CALIFORNIA 95241-1910
(209)334-5634
FAX (209) 3336795
July 10, 1991
Central California Traction Company
Attention: Mr. Mel ish
1645 Cherokee Road
Stockton, CA 95205
SUBJECT: Lodi Avenue Street Improvements
�Exhibit
City at;inager
ALICE M. REWCHE
City Clerk
130B NICNATT
City Attornev
The City of Lodi has written you a number of times regarding the condition
of your railroad tracks in Lodi Avenue between Cherokee Lane and Mails
Street. You have not responded to these letters nor to the issues raised
in our field meeting held on September 28, 2988 (see attached copies}.
Specifically our ccrnplaints are:
I, The condition of tracks and the pavement adjacent to the rails is
hazardous to the public.
2. The rest of the street is overdue for rehabilitation and the uneven
grade and settlement of the tracks means that the rehabilitation
project must be done concurrently or immediately after track
rehabilitation.
3. Any track repair needs to be done in a "state of the art" manner with
City approval to delay the need for future repairs.
A t our September 28, 1988 meeting, a question was raised regarding the
legal status of the tracks. You were going to research your records on
this issue, although vie have not heard from you on this. As NAe stated
then, the original Installation was done under the terms of a franchise
ordinance with San Joaquin County (Ordinance #314, December 5, 1905).
Subsequently, the street was annexed and there have been a number of
agreements and ordinances which have modified the original franchise. They
require that the railroad maintain the tracks in a condition acceptable to
the City. One exception is a September 16, 1957 agreement under which
tracks in Lodi Avenue west of Main Street were allowed to be abandoned in
place and paved over by the City. You may wish to consider this as an
option.
In any event,
vie need a response from you
w i t h i n 30 days i n order
t o
proceed with
the project. Please contact
Richard Prima, Assistant
City
Engineer, to
set up a meeting to discuss
scheduling the project.
If you do
LCENTRA8/TXTW.02M
Central California Traction Company
July 10, 1991
Page 2
not respond, vie will be forced to pursue legal action through the courts
and/or the Public Utilities Commission, since the City has now teen named
in litigation related to the condition of the tracks.
--
Bob McNatt
City Attorney
6M/RCP/mt
Enclosures
cc: Public Wc& Director
Street Superintendent
Assistant City Engineer
California Public Utilities Commission, Art Aldridge
LCENTRA8/TXTW.02M