City of Del Mar Information

Below you will find a memo from Executive Director, Matthew Tucker, regarding the review of historical documents related to trespassing and safe and legal crossings in the City of Del Mar. Additionally, we’ve provided links to the documents produced by NCTD and the City of Del Mar.

Memo – Del Mar Review of Historical Documents – 2021-02-18

Summary of Historical Documents

Past NCTD Board Agenda Packets

Del Mar Documents

NCTD is committed to developing a solution for the railway along the Del Mar bluffs that promotes rail safety and ensures reliability.  

From January 2016 to October 2020 there have been 4 deaths on the railway along the Del Mar bluff. 

In addition to public safety risks, trespassing events result in approximately two hours of service delays for customers and freight, and subjects NCTD and other railroad operators to lawsuits.   

The Del Mar Bluffs Safety Enhancement project seeks to promote rail safety and reliability, while continuing safe and legal coastal access along the Del Mar Bluffs. 

NCTD is willing to review all safe and legal crossing improvement projects with partner municipalities. Existing Board Policy No. 18 supports collaboration with entities that desire to implement safe and legal crossings. Board Policy No. 18 is premised on the fact that local entities are in the best position to determine if, where, and when projects like quiet zones and crossings will be built.  Accordingly, the application and funding responsibility for crossings and quiet zones is vested with local entities pursuant to Public Utilities Code §§ 1201-1205 and Federal Code of Regulations Title 49, Part 222.   

NCTD contracted with Leighton Consulting, Inc. to analyze the impacts, if any, of the proposed fencing on the stabilization of the bluffs.

The geotechnical review validated that the proposed fencing would “not impact the stability of the bluffs or the trackbed support, nor promote additional erosion/bluff retreat.” 

Full Report

The petition seeks to: 

• Eliminate regulatory uncertainty related to local and state efforts to regulate rail maintenance and upgrades; and  
• Eliminate regulatory uncertainty related to the applicability of the Coastal Zone Management Act’s Federal Consistency Review and the Coastal Act’s permitting requirements.

This petition will help provide certainty for transportation and partner agencies and improve overall budget and planning efforts related to critical rail maintenance and safety projects. 

NCTD filed the petition with the Surface Transportation Board following significant analysis and internal discussion that included input, feedback, and approval from NCTD’s Board of Directors and advance consultation with the San Diego Association of Governments (SANDAG).  NCTD strives to work collaboratively with the communities that we serve and believes this petition will provide clarity for NCTD, SANDAG (as its project implementation agency), and the public in regard to the scope and requirements of review for timely advancements of critical rail maintenance and safety projects along the Del Mar Bluffs. This certainty will also improve budget and scope planning, which in turn will allow critical state of good repair projects to be completed in a timely manner. 

Safety is of the utmost importance to NCTD, and the agency seeks to do all it can to protect the rail right-of-way and enhance the safety of the railroad through mitigation of trespassing.  The proposed project would fall within the determination of the Surface Transportation Board decision of 2002 in which STB stated that “no discretionary permitting would be required to install the fence”. This petition to the Surface Transportation Board would provide much needed clarity in regard to the scope of review other regulatory bodies may or may not have in order to provide certainty for all agencies moving forward. 

NCTD is willing to review all safe and legal crossing improvement projects with partner municipalities. Existing Board Policy No. 18 supports collaboration with entities that desire to implement safe and legal crossings. Board Policy No. 18 is premised on the fact that local entities are in the best position to determine if, where, and when projects like quiet zones and crossings will be built.  Accordingly, the application and funding responsibility for crossings and quiet zones is vested with local entities pursuant to Public Utilities Code §§ 1201-1205 and Federal Code of Regulations Title 49, Part 222.  

Pedestrian bridges or other pedestrian infrastructure across the railroad tracks are considered a railroad crossing, and are the responsibility of the City of Del Mar. NCTD is willing to review all safe and legal crossing improvements with partner municipalities, provided they meet necessary safety and permitting requirements and align with Board Policy No. 18 and are approved by the applicable regulatory agencies.