Item 15 - Agreements for Improvements to the Railroad Crossing on Warner and McFadden

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Agreement for Railroad Crossing Improvements to Warner Avenue and McFadden Avenue April 21, 2026 Page 2 5. Approve an amendment to the Fiscal Year 2025-2026 Capital Improvement Program to include an additional $2,253,383 for the Railroad Crossings on Warner Avenue (Project 18-6901) and McFadden Avenue (Project No. 20-6962) 6. Authorize the City Manager to execute an agreement with Union Pacific Railroad Company for improvements to the railroad crossing (DOT No. 761248L) on Warner Avenue for construction costs of $1,422,270, additional railroad right-of- way costs of $53,570 including an annual signal maintenance fee of $12,580, effective three years from agreement effective date. (Agreement No. A-2026- XXX). 7. Authorize the City Manager to execute an agreement with Union Pacific Railroad Company for improvements to the railroad crossing (DOT No. 761245R) on McFadden Avenue for construction costs of $776,858, additional railroad grant rights costs of $33,350 including an annual surface maintenance fee of $3,332, effective three years from agreement effective date. (Agreement No. A-2026- XXX). 8. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. ER-2026-XX and ER-2026-XX will be filed for Project Nos.18-6901 and 20-6962. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Railroad Crossing Improvements Union Pacific Railroad (UPR) operates several railroad crossings throughout the City of Santa Ana. The City is responsible for maintaining roadway approaches and related surface improvements adjacent to these crossings within the public right-of-way per California Public Utilities Commission (CPUC) General Order 72-B. When the City undertakes roadway maintenance or capital improvement projects near railroad crossings, staff must coordinate with Union Pacific and the California Public Utilities Commission (CPUC), the State agency that regulates railroad crossings, to review and approve proposed improvements. Under current CPUC General Order 88-B, railroad companies are not required to install or fund safety improvements associated with local street projects if the railroad has prior rights. As a result, when City initiates roadway widening, safety enhancements, or multimodal improvements that affect railroad crossing infrastructure, the City is responsible for funding the required modifications within the railroad right-of-way. Accordingly, the City must enter into agreements with Union Pacific to complete the necessary improvements and reimburse the railroad for the associated costs.