What you can do:

A. To better document our sleepless nights, please email the following information on each incident to quietzone@ccdc.com. with a copy to Erica Mendelson at EMendelson@sandiego.gov.

1. Time and Date of incident
2. Direction of train travel
3. Train engine or any RR car number
4. Type of noise, noise sequence, or duration. If you witness a train blocking an intersection for more than 10 minutes, in addition to the above information, include the intersections blocked and duration of blockage.

If you have the ability to video the incident with sound and date, even better.

This information will be compiled by Council District 2 staff and forwarded to the FRA and BNSF.

B. Visit Quiet Zone - Sleepless in San Diego to read about other actions that you can take or to use a handy incident report form.

C. Tell your all of your downtown friends to the same!

Background Information:

- CCDC Quiet Zone web page.

- Letter from Gary Smith

Dear neighbors,

There will be a public meeting to update our quiet zone plans on July 13th. John Anderson is the project manager for CCDC and Derek is the Public Affairs person. Erica Mendelson, is Council Member Faulconer's Downtown Rep. The BNSF contact is Lena Kent, .

Please bear with me for a bit of history and the latest. Prior to the merger of ATSF and BN, Santa Fe used small eight axle disels with the horn mounted over the cab and not much louder than a Semi's. After the merger, BNSF diposed of most of their smaller diesels and started bringing twelve axle monsters into Downtown. These engines were designed to run seventy miles an hour over the great plains and the horns were designed to reach out ahead of them in areas with no guarded crossings...they are so loud that the engineers required them to be mounted back in the middle of the engine so they wouldn't become deaf.

About this time, those of us living downtown vowed to get some peace and quiet...with the help of our then councilman Byron Wear, we besieged city hall, and within a couple of months got an ordinance passed preventing, except in the case of emergency, the blowing of horns between 7 PM and 7 AM. When we tried to enforce it, the BNSF, backed up by the PUC, said only the Federal Railway Administration (FRA) could make rules. We lobbied our previous set of congressional leaders to pressure the FRA and the then Sec of Transportation agreed to require rules allowing quiet zones to be established. After years of work that regulation is becoming a final rule.

At the urging of Downtown Residents and CD 2, CCDC hired consultants in 2004, and in consultation with FRA, PUC, BNSF, Amtrack, NCRTD, MTS and the local short line, examined the intersections we desired to include in the proposed quiet zone (Laurel to Park Blvd (old 8th Ave). From this consultation, plans were produced for making these intersections compliant with the new Rule. These plans were basically approved in 2005 and $13 million was included in the 2006 CCDC budget for implementing these measures.

The first step was to eliminate the "non standard" crossing at Kettner and G by changing G St. to one way eastbound. This was to go the City Council in Aug of '05 but was delayed by CD2 not having a council person. Then the new city atty, in their review of docketed items, decided that this was not covered by the existing Master EIR. CCDC then had to staff and prepare a "negative declaration" which is currently out for public review, and will be submitted in Mid June 06. Once this is submitted for final action it will be docketed with the Mayor/CIty Council for approval.

Upon approval CCDC can begin the actual construction of the improvements. A final agreement over maintenace, liability, etc will also need to be approved and public support will be essential. With this agreement, it is hoped that the PUC and BNSF (and their engineers union) will not file objections when we apply to the Sec of Transportation for a "quiet zone". We will keep the pressure on CCDC to expedite the construction.

FYI, the proper signal for a crossing is long, long, short, long. and is to begin about 15-20 secs (about 300 ft at 5 mph) and end at the crossing. Since our blocks are 200 x 300 and about every second one crosses the tracks you can see it can be almost constant. THAT IS NO EXCUSE for playing a symphony at 2 AM. That said there is no example like a video/audio tape to convince non belivers. Last time it definitely persuaded the City Council that it was a problem.

So try to get the worst on tape. BNSF still does not beleive that their engineers are not playing by rules...some are not in the other direction as well...they move by with scarcely a toot. That also is not permitted by the new rule. Blowing the horn is now mandatory, not discretionary. The new quiet zone will not prevent the engineer from blowing the horn if in his opinion it is required. Enforcement will probably require someone with a video camera catching them in the act from a high rise with a picture that shows no one any where near the crossing.

Please spread this information to those new residents who may have the history and current plans.

Thanks,
Gary Smith
President, San Diego Downtown Residents Group

- Letter from Christine Gaunt

DEAR SLEEPLESS IN SAN DIEGO VICTIMS:

I just got off the phone with Lena Kent, Community Affairs Director from BNSF. Two weeks ago the FRA started auditing the BNSF engineers to make sure they were in compliance with the FRA mandatory regulations which are detailed by Gary Smith.. If they were even several seconds short of the mandatory 15 seconds before every crossing, they were written up for non-compliance. A number of engineers were cited, leaving them only one more chance. Deciding not to lose their jobs by incurring a second infraction and mandatory termination, they began strictly adhering to the number of honks, the number of seconds prior to every intersection and holding the horn button until it lights up to the pre-measured decibel level. Lena tells me that the engineers realize that this is a very bad situation since the FRA now mandates that they honk almost continuously through all of Downtown San Diego, regardless of whether there are any issues on the tracks or crossings. On the second time they are caught (and they are being recorded by satellite!) they will be fired from their $100k a year job. The tapes are being reviewed and they have been told that excessive honking will also prompt action.

Lena's frustration is with San Diego's failure to act several years before when we could have applied for a quiet zone. At that time, Byron Wear decided that the FRA could change their mind on requirements and we should just wait until we had a ruling. The FRA took several additional years to make this ruling, and at that time the honking was discretionary, unlike today. The City of Placentia decided to go for a Quiet Zone and the FRA subsequently did give their blessing to it. We could have done the same and in the opinion of Lena Kent, we should do this as quickly as possible since getting the FRA to amend their rules, which are largely unfavorable to San Diego, is most uncertain and a multi-year endeavor, at best. At that time a Quiet Zone is in place it will again be discretionary for engineers to sound their horns.

If we have any video proof of excessive honking beyond what you see is mandated then Lena would like to have that to review. She has been invited to the public meeting but received death threats in Placentia, for which one man is currently in prison! She is understandably reluctant to place her young children in the position of becoming orphans. It is possible someone will be sent in her place to address this on behalf of Burlington Northern.

Given this situation, I can understand why engineers would want to err on the side of more seconds of honking, in this rather imprecise process. Still, there is a huge range in how much they open the horns. They must look at their watches and estimate the number of seconds until they reach the crossings.

Moving the train yard south would help in several ways. The train is going very slow through town due to the proximity of the train yard and needing about a mile to stop. The blocking of intersections is a big problem and Lena has asked that we report any blockages of longer than 10 minutes and do that right at the time or just after it occurs. This she can deal with.

In summary, we will be held captive to a great deal of train honking noise until we get the Quiet Zones in place. No local ordinance can super cede a Federal Regulation. This was a different set of circumstances than the last time I investigated in 2004, and I thought you might find it of interest.

Christine Gaunt Marketing Consultant
500 W. Harbor Dr. # 802
San Diego, CA 92101
Cell: 619-250-0747
Off: 619-236-0114
FAX: 619-236-0115