NWP update (lawsuit dropped)

Novato drops lawsuit against rail authority
Brent Ainsworth marin ij
Article Launched: 10/27/2008 10:55:34 PM PDT


Two days before heading back to court, the city of Novato decided Monday to drop its lawsuit and settle with the North Coast Rail Authority about the provisions of freight service on the city's railroad tracks.
After the Novato City Council voted 4-0 to pass a consent decree Monday night, Mayor Pat Eklund signed the document that had been signed earlier in the day by the NCRA board. If Marin County Superior Court Judge James Ritchie approves the document later this week, freight trains could be riding the rails through Novato as early as the end of 2009.

Novato's settlement benefits include the reimbursement of nearly $325,000 in legal fees and stipulations that the rail authority operate state-of-the-art, low-emission diesel locomotives; install protective fencing and decorative landscaping to minimize glare from train headlights; weld rails together to minimize sound; and provide "quiet zones" that keep horns from sounding at the city's 13 railroad crossings.

The NCRA must repair and upgrade 62 miles of track that run from Windsor in Sonoma County south through Novato and east to Napa. If the provisions are met, trains will run through Novato at approximately 40 mph on no more than six one-way trips during daytime hours only.

If the NCRA fails to deliver on the agreed provisions, freight service cannot continue after Dec. 31, 2011.

"We felt it was imperative to protect the residents of Novato, and I believe we have very successful with this decree," Eklund said.
Had
Novato decided to continue its suit, both sides would have appeared in court Thursday before Ritchie, who could render a decision immediately or take it under submission and rule at a later date. Novato elected not to take the chance.
"It's not only about the attorney fees but the untold man-hours devoted to this issue," said Councilwoman Jeanne MacLeamy. "We are facing a deficit of $1.7 million this fiscal year and an estimated $1.2 million the next fiscal year."

In its lawsuit, filed last year, the city charged that the rail authority was neglecting to weigh the environmental impact of its proposed freight operation. Since 1998, the tracks in Novato have been deemed unusable by the federal government.

Service was supposed to resume this year with the aid of $50 million in state money to repair the unsafe lines, but Novato's lawsuit stopped the final phase of repairs.

Proponents of the freight service have said it would ease traffic on Highway 101 because of fewer large trucks hauling raw material. Critics have spoken out against potential train noise, traffic tie-ups at rail crossings, air pollution and environmental costs of rail upgrades.

---------------------------------------------------
Mitch Stogner, Executive Director Allan Hemphill, NCRA Chairman
ncra.mstogner@sbcglobal.net vinguru@comcast.net

NOVATO DROPS LAWSUIT

PRESS RELEASE - October 28, 2008 –Ukiah – The North Coast Railroad Authority (NCRA)
today announced that the city of Novato has agreed to drop the lawsuit it filed against the rail
authority last September. NCRA’s Cloverdale Chairman, Allan Hemphill, said the settlement
agreement, approved by the NCRA and the Novato City Council on Monday, enables NCRA to
immediately begin repairing bridges and trackbed along a 62 mile stretch of the Northwestern
Pacific (NWP) line from Lombard to Windsor.

“This settlement establishes an equitable balance between the region’s desire to restore train
service and Novato’s desire to minimize impacts,” said Hemphill.

Under the agreement, which must be ratified by Marin Superior Court Judge James R. Ritchie,
NCRA will be limited to the operation of 6 freight trains per week during daylight hours until
improvements to reduce noise and promote safety are complete.

Specifically, NCRA must install Federal Railroad Administration (FRA) – certified “Quiet
Zones” at 13 locations within Novato where public roads cross the tracks. The improvements to
the crossing gates and signage will permit trains to travel through the crossings without sounding
the train horn. Additionally, NCRA has agreed to install welded rail to further mitigate noise,
fencing to discourage trespassing, landscaping to minimize glare from train lights, and purchase
state–of-the-art locomotives to reduce greenhouse gas emissions.

“We want to be good neighbors, good corporate citizens, and work collaboratively with local
governments every step of the way,” said Hemphill.

Until the mitigations stipulated in the lawsuit settlement are complete, NCRA cannot increase the
level of service beyond 3 roundtrips per week. The cost of the mitigation measures is estimated
to be around $1 million. The settlement also requires NCRA to pay Novato’s legal costs of
$325,000.

NCRA plans to release its environmental report evaluating train operations from Willits to the
national rail interchange (Lombard) in early November. The report anticipates a maximum of 3
roundtrips per day by the second year of operations.

“With this Settlement, we will repair the first 62 miles, initiate limited service while the required
mitigation is underway, and hopefully reach the level of service called for in the EIR after Novato
certifies that the mitigation requirements have been satisfied,” Hemphill said.

Under the Settlement agreement, NCRA has until December 31, 2011 to complete the “Quiet
Zones”, fencing, and landscaping within the Novato City limits.

Hemphill said the NCRA hopes to complete repairs on the first 62 miles in 4-6 months and begin
limited freight service this spring.

--------------------------------------------
NOVATO SETTLES SUIT AGAINST FREIGHT TRAINS
Council OKs settlement with railroad authority, will recover legal expenses
By Tim Omarzu
Managing Editor NOVATO Advance
Monday, October 27, 2008 11:11 PM PDT



At a special meeting Monday night, the Novato City Council voted unanimously, with one councilmember absent, to settle its lawsuit with the state agency working to resume freight train service on tracks that run through Novato.

The city got several more concessions from the North Coast Railroad Authority above those outlined in a draft settlement, including:

The city will receive up to $325,000 to cover its legal expenses, an increase from the initial $300,000.

Novato reserves its right to sue the railroad agency over its soon-to-be-released environmental impact report for the operation of freight trains.

The settlement calls for the use of low-emission diesel locomotives, installation of quiet zones at all Novato crossings so engineers shouldn’t have to blow the train’s whistle, and the continuous welding of track through Novato to reduce the trains’ clickity-clack. If these improvements are not made by Jan.1, 2012, the freight trains would have to cease operation.

Until the above improvements are made, only three freight trains can run per week, and they all must run during the daytime.

Both sides praised the settlement.

Councilman Jim Leland said that council took a lot of heat for the lawsuit and “invested a ton of taxpayer money” in it – but that councilmembers stayed the course to defend the interests of Novatan who would be impacted.

“I have never been more proud of the work that I have done with these ladies on this issue,” Leland said, referring to the four female city council members.

Councilwoman Jeanne MacLeamy said, “I think we’ve done far better than we ever would with a court settlement.”

She said that the settlement should cover all of Novato’s attorney’s expenses — but not the “untold staff hours that were not even counted.”

MacLeamy added, “It’s time to move on.”

Councilwoman Madeline Kellner said, “I think we have gotten many of things that are of deep concern to us (in the settlement).”

Mayor Pat Eklund , “We took the brave step of going forward with litigation.”

Eklund singled out the low-emission locomotives as being a good deal.

“That is huge, to require that they have environmentally friendly engines,” she said.

Told Monday night of the council’s vote, Mitch Stogner, executive director of the North Coast Railroad Authority, said, “That is very good news.”

Stogner said it was a fair settlement that “balances the region’s desire for train service and Novato’s desire to minimize impact. We want to be collaborative.”

Mike Arnold, an opponent of the North Coast Railroad Authority and of the proposed SMART commuter train, spoke up several times at Monday’s meeting. One of Arnold’s concerns was that the settlement might allow freight train shipments from the Island Mountain Quarry on the Eel River to take place without being subject to the California Environmental Quality Act.

But city attorney Jeffrey Walter responded to Arnold’s statement by telling council, “This settlement has no impact on what might happen north of Willits. We can’t, through this lawsuit, control that.”

Walter told the Advance that the city got a good settlement agreement, and he attributed that to a ruling made in February by Marin County Superior Court Judge James Ritchie that favored Novato and put a temporary injunction on much of the reconstruction work of the railroad track.

Walter speculated that the railroad authority feared that the injunction would become permanent.

“Some may claim the NCRA believed that the writing was on the wall,” he said.

Stogner said that the railroad authority now plans to award the contracts to repair railroad bridges and the track itself. The railroad authority already was able to complete work on the 62 miles of track between Lombard near Highway 29 and Willits, such as installing new crossing signals.

“Now we can finish the repairs,” Stogner said.

He hopes the track can be finished by spring of 2009.

In the meantime, the railroad authority plans to release its environmental impact report for train operations in early November. Freight train service can’t resume until that document has been certified.

Councilwoman Carol Dillon Knutson was absent from Monday’s council meeting.

 

I suppose this is good news, but....

"and purchase state–of-the-art locomotives to reduce greenhouse gas emissions."

Not that this is bad thing, but does that mean that they will have to purchase the current offerings from EMD or GE, which are large, very-heavy locomotives? Meaning they will have to completely rebuild the track to class 2 or 1 standards to accommodate those things. That will cost alot. Or will the road be powered by green goats?

 

Well there are the six axle gensets type units Union Pacific just got. By Railpower Technologies I believe. RP20CDs??

 

Actually, if I read the posted article correctly, they want to run trains at 40 MPH...That would mean at least Class 3 track (Class 3 allows for a maximum speed of 40 MPH for freight and 60 MPH for passenger). With some of the other improvements that they're talking about (welded rail, etc.), it might take some time (and a lot of money) to get there. At least there is some hope that trains will run...

As far as "green power", a couple of "Green Goats" might do just fine to get trains from Lombard to Windsor...It's pretty flat territory through there. The question would be how to get trains into and out of Willits with "green power"...There's a hefty grade through the Redwood Valley between Ukiah and Willits and as far as I know, there hasn't been any development in the "green power" equivalent to dynamic braking (but don't quote me on that...)

 

That makes me recall something... Wasn't there a "GP20D" that had dynamics? This may have been a hybrid or just a plain rebuild with different hoods though. ?? I don't recall completely but I think I have a couple pics of CEFX units somewhere.

 

They want great big Invisible SILENT trains running through their town at 40 MPH??

Somehow I think this city it nuts. you WANT to See and Hea rhte oncoming Trains, LIVES depend on it!!!!

 

A GP20D (2000 HP) or GP15D (1500 HP) might do the trick for getting trains over the Redwood Valley grade (info on the GP20D can be found at The Yardlimit website and a really cool "Low Emissions Spotter's Guide" [PDF format] availabe on TrainWeb). The only problem that I can see with either a GP20D or GP15D is that they're only EPA Tier 2 compliant and Tier 3 emission standards are due to come into play within the next couple of years (2010, if I remember correctly). Electrification might also be an answer...That could wind up being a big expense with very little (short term) return on investment but it's an interesting proposition. Whatever they do, they're going to have to do it in a big way...

As far as 6 trains a day (through Novato), I'm tickled to death by that number and wonder where the NCRA (or the city of Novato) came up with that. Personally, I don't see it happening unless NCRA can come up with a *BIG* customer (read: a garbage hauling contract for Sonoma county, which has been talked about, or some other sort of large "unit train" customer) some where to the North...Currently, the freight business just isn't there to support that many trains (...Even back in the good old days of the SP, I don't think that the NWP ran that many trains through Novato on a regular basis...). I'm curious if that number may include SMART (the Sonoma-Marin Area Rail Transit district).

An interesting point in this "settlement" is how the City of Novato backed down due to their own internal budget constraints (in the hole to the tune of $1.7 million this year...The cash settlement from NCRA of $325K ain't gonna go to far to offset that). I wonder if they realize that they are going to have to "pitch in" (money ) to help make those 13 crossings "quiet zones"...

 

I don't think GP20Ds are made any more, in fact I'm positive.
Also, Green Goats aren't really made much any more.

What they will probably do is go to EMD for 710ECO kits. That way they can leverage any first or second gen assets they already have.
Otherwise they will have to go with Genset switchers for smaller cheap power and my impression is that those aren't really meant for this service.

Of course, they could go with a 70ACe/GEVO or 2 as well, but I would expect the 710ECO kits.

What's surprising to me is that the town said that part of the motivation was their budget deficit. I would think that would have compelled NCRA to push the lawsuit and make the town pay for their NIMBYness.

Of course, that's not exactly a very politic or polite response and it would only serve to sour relations.

Finally, I thought that municipalities needed to bare the burden of any track modifications required to support no horn running?
That's a pretty big cost to the railroad.

 

710ECOs would work and God knows that there's more than enough "cannon fodder" sitting around on the NCRA to make it work (matter of fact, it may be all that can be done with the ex-SP GP9s and other locomotives that the vandals have gotten to and destroyed). Gensets could be made to work in this situation (Lombard to Winsor)...As an example, look at the testing that was done on the Cal Northern (ex-SP West Valley line) which is similar in terms of length and grades (track profile). I don't see the NCRA running trains that would require a 70ACe or a GEVO but ya never know...The question of what type of motive power to use really is one of cost and what'll work for a "long term" solution. NCRA does seem to have some interesting funding source so it'll be interesting to watch and see what happens...

That's correct. However, it seems (from the article) that most of that was negotiated and is now the responsibility of the railroad. It may not be as big as deal (cost wise) for the railroad as it may sound. Since most of these crossings have been sitting unused for a long time (since 1996?) and need to be either entirely rebuilt or retrofitted (with modern appliances), the additional cost to do what is necessary to make them "quite zones" might be minimal...Then again, it might not be. A lot of that will depend on what currently exists at these crossings and what kind of shape they are in (specifically items like the underground conduits, utilities, etc., that aren't readily visible and are expensive to upgrade/replace). Regardless, it appears that the railroad will have to pay for the additional and/or upgraded lights and gates and possibly "tie ins" to any existing traffic signal system. Given the various grants that are available from the Feds/State for these types of projects, I wouldn't be the least bit surprised to see that when all is said and done, it isn't going to cost too much more than what may have already been planned. Maintenance costs for all of this is another subject...

BTW: The City of Novato isn't going to get away for free on this either...There will be some things that they're going to have to do to make all of this happen (traffic barriers, additional signs, etc.). Even with the "quiet zones" in place, train crews are still allowed to use the whistle (horn) in certain situations (take a look at the CFR, Part 222.23 for a list of possible situations) and the final word on whether a crossing is "quiet zone" compliant or not belongs to the PUC/FRA...

 

I've got big BNSF and UP freights running within 1/2 mile of the front, north side AND back of my house. In fact, I couldn't walk in any direction for more than about 1 1/2 miles without having to cross some tracks. I LOVE IT.

I am starting to get a really jaded view about how these things get handled in certain parts of the U.S. It seems like nobody in some of these areas talks to one another without a lawsuit. I guess we're just a more cooperative sort in my part of the country.

 

I was just thinking, I have a DVD of the NWP from the 90s when the inaugurated the service for those few years and They actually handed off the trains from one set of power to another for the southern part of the active system to the northern, so if they maintain that operation, you could see gensets in the south and either ECOs or generally more robust power to the north.

The only problem with GP9 based ECOs is you can only do 2000HP due to the radiator size (I think)

I wonder if EMD has thought about an SD repower?

 

I grew up in one of the richest suburbs in Chicago, but it was a close west suburb (River Forest for those Chicago Aware)

I could hear trains from the ex B&O CSX line which was run by SOO and then WC. Which passed about 4 blocks from my house, the C&NW Transcon to Geneva which about a mile south and the ex Milw ex SOO CP tracks about 2 miles to the north. Nobody has ever fussed and moaned about making it a quiet zone.

Now I live in Carlsbad and let me tell you, Amtrak, BNSF and Pac Sun RR are not afraid to wake you up blasting for the intersections and the Pointsettia Station.

I've heard rumblings about a quiet zone, but between the cost and the fact that the side of the ROW is used as a coastal Hiking train and a way for not entirely sober people to get from Carlsbad Village to the Apartment complexes lining the tracks, I don't think they could afford it.

When I lived in Beaverton, I was about 2 miles from the P&W tracks. Heard them all night too.

I guess, I just got inoculated to it from birth.

 

Yep...That's the way that it used to be. Traditionally, the "hand off" point was Willits which is just about the half way point on the railroad. There is a map of the NWP on the NWP Historical Society's website that makes a nice reference and puts the "Northern" and "Southern" haves in perspective.

At various points in time since the SP "sold" it, different companies have run either the Northern or Southern portions of the railroad as seperate enties. The Southern portion was run by the Cal Northern (Fairfield to Willits although only the Lombard [Napa] to Willits run was considered to be NWP) while the Northern portion was run by the Eureka Southern and the North Coast (both ran Willits to Eureka/Arcata). The "new" NWP ran both the Northern and Southern haves. Traditional power back in the SP days on the NWP were SD7/9s with other units (usually GP9s) being thrown in from time to time.

 

a different take...

In Novato, Railroad Avenue families endure big changes

Brent Ainsworth
Article Launched: 10/28/2008 05:07:31 PM PDT



Steve Ussery stands along railroad tracks across the street from his Railroad Avenue home in Novato. His love of trains attracted him to the house back in the 1960s. (IJ photo/Alan Dep)



Residents on the south end of Railroad Avenue in Novato see their neighborhood as a pocket of resistance, a sliver of salvaged history amid the clanging of development and commerce.
Settlement of a lawsuit this week between the city of Novato and the North Coast Rail Authority will lead to freight trains running the rails in front of five historic homes a few feet from the tracks as early as next spring. Only final approval of the settlement in Marin Superior Court - an expected rubber-stamp procedure - is required. Just on the other side of the tracks, the large Millworks project is nearing its halfway point of construction. The $80 million development, a mix of condominiums and a Whole Foods grocery store, is six stories high and


more than 420,000 square feet.
The five homes - only about 100 yards west of Highway 101 - also could face passenger train service on the same tracks if two-thirds of voters approve Measure Q on Tuesday. The Sonoma Marin Area Rail Transit trains would shuttle commuters between Cloverdale and Larkspur mere feet from Railroad Avenue homes.
"This is like a neighborhood that the city expected to die," said Sigmund Herz, who has lived with his wife, Virginia, at 910 Railroad Ave. since 1968. "And we didn't die."
In fact, they have no plans to move despite the expected traffic, parking and noise increases over the next few years. "This neighborhood is part of Novato's history," Virginia Herz said. "These homes have a story to tell and
Advertisement

​

they have character. ... In these five households, people have gotten to know each other and it's a nice little community."
Steve and Betsy Ussery live at 906 Railroad and, like the Herzes, have no plans to move. Steve Ussery, a real estate agent and a Novato native, was attracted to the house partly because of the trains that used to operate on the tracks until 1998. "I was on a (real estate) tour on a Wednesday morning and I heard the dinging from the crossing guard pole coming down," he
Steve Ussery and his 14-year-old daughter, Caity, walk along the train tracks across the street from their Railroad Avenue home in Novato. Ussery looks forward to the return of freight trains through town. (IJ photo/Alan Dep)


said. "I was watching a freight train come by and I said, 'Yes, I gotta have this house.' After we moved in, I remember running out and watching the train go by with my daughter Katie. We would walk down the steps and wave to the engineer. Almost every time a train went by while I was home, I got up and walked out front, I guess because it's part of Americana or something."
But one couple on Railroad Avenue is fed up enough to bail on Novato.
Drew and Kathy Rogge, who have lived in their circa-1906 home at 904 Railroad Ave. since 1984, have purchased a home with a bit of acreage on Petaluma's west side. Drew Rogge, a computer programmer at Pixar Studios, said they plan to be out by Christmas but will hold onto the Railroad Avenue house as a rental.
"I'm not pleased with where Novato is going," Drew Rogge said. "The crux of our decision (to move) is Whole Foods, but the trains are the frosting on the cake. We are really going to miss downtown. We often walked down to Grazie for breakfast. But the council is trying to turn Novato into San Rafael with these big buildings."
Ussery said he's less concerned about freight trains than he is about traffic and parking problems caused by the Millworks project and the possibility of SMART trains on the tracks.
Back in 1968 when the Herzes moved in, BART was being constructed in other parts of the Bay Area and the couple expected light rail service through Novato to be up and running within 10 years. For 30 years, it was just freight being transported on the tracks - mostly lumber, they said.
"When we moved in, there was no freeway behind us, either," Sigmund Herz said, noting that Redwood Boulevard was the main north-south thoroughfare. "So we didn't move into a house surrounded by a freeway, a huge inappropriate condo complex and trains running at midnight. All that was painted in after we came in."
Under Monday's legal settlement, the NCRA hopes to complete repairs on 62 miles of tracks within four to six months and begin limited freight service by spring 2009, it announced in a statement released Tuesday. It plans to run a maximum of six one-way trips or three round-trips per week during daylight hours until improvements to reduce noise and insure safety are complete.
"It's a fair settlement and fairly balances the region's desire for train service with Novato's desire to minimize impact," said Mitch Stogner, executive director of the NCRA. "We want to be good neighbors and want to work in collaboration with local governments, and I think the settlement reflects that."
The rail route between Marin and northern counties was operated by the Southern Pacific from 1907 to the 1980s. After storms savaged the rails, ties, pilings and bridges in 1998, the federal government shut down the service and deemed the tracks unsafe.
Contact Brent Ainsworth via e-mail at bainsworth@marinij.com
Read more Novato stories at the IJ's Novato section.

 

Morons

The officials of the City of Novato are from the sound of it a bunch of morons. If there is going to be any economic growth rail service has to be available.
Here the BN was going to abandon the line and remove the track. BN was successful in getting rid of the shippers on the line. In 1970 there was a local train of about 60 cars six days a week. By 1990 the train was a short run when BN felt like it local.
Thanks to the Genesee & Wyoming Corporation the railroad was saved. Portland & Western bought the line in 1997 and has upgraded the track and the service. P&W is very aggresevely going after all the business they can get.
The trach through here is street running and yes it would be great to have a Quiet Zone during the night. The trains run 120 feet from our house and I love it.
The attached photo was taken from the deck on the house.
The officials of Novato need to get their heads out of their ass and act in a manner that benefits the community.

 

Judge OK's lawsuit settlement over freight trains
By Brent Ainsworth
Article Launched: 11/03/2008 04:43:40 PM PST

Feed for farm animals, building materials, wood products and cases of wine could be hauled on Novato's railroad tracks by the middle of next year after a judge Monday approved a lawsuit settlement.

Marin Superior Court Judge James Ritchie dismissed the suit filed by the city of Novato against the North Coast Rail Authority after both parties last week agreed to settle the case. Novato had sued the NCRA in 2007 over environmental issues.

Mitch Stogner of the NCRA said Monday that the company leasing the tracks, the Northwestern Pacific Railroad Co., will haul bulk goods such as rock, sand, gravel, wood and feed as well as some general merchandise such as wine.

First, the NCRA must repair and upgrade 62 miles of track that run from Windsor in Sonoma County south through Novato and east to Napa. Once the work is finished, trains will run through Novato at approximately 40 mph on no more than six one-way trips per week during daytime hours only.

Track and bridge repairs, upgrades and flood control work will take four to six months, Stogner said. More than 50,000 railroad ties and 60,000 tons of ballast for the tracks will be replaced. The NCRA is meeting this week to consider the awarding of contracts.

The freight trains will not stop in Novato, Stogner said.

As part of the lawsuit settlement, the NCRA agreed to install equipment and landscaping to ensure safety and make the railway as environmentally friendly as possible.