Santa Barbara County Bill Brown Stations Sheriff - Coroner Headquarters Buellton*

There is a need for increased security presence to reduce trespassing within the High Fatality Zones, and in other communities this has been achieved through Memoranda of Understanding between Union Pacific Railroad and Local law enforcement. Response to Finding 3: The Sheriff's Office partially agrees with this finding. We wholly agree that there is a need for an increased security presence on Union Pacific Railroad property to reduce trespassing within the described high fatality zones. However, while the presence of an MOU is a good starting point, absent the commitment of sufficient physical resources toward the enforcement of trespassing laws, the mere presence of an MOU will not markedly improve safety within the areas of concern. At present, the Sheriff's Office does not possess resources that can be regularly devoted to patrolling the Union Pacific Railroad property in question. Furthermore, the Sheriff's Office believes that Union Pacific Railroad and Cal-Trans need to work together and leverage environmental design in order to enhance community safety on their properties. This could include fencing and brush abatement that would discourage encampments throughout that corridor. <b>Recommendation 3:</b> That the Santa Barbara County Sheriff and City of Santa Barbara Police negotiate Memoranda of Understanding with Union Pacific Railroad to provide enhanced security within their respective High Fatality Zones. Response to Recommendation 3: The Santa Barbara County Sheriff's Office previously implemented this recommendation. As of March 26th, 2019, the Sheriff's Office has obtained written permission from Union Pacific Railroad, giving us the authority to enter their property for the purpose of enforcing criminal trespass statutes. However, the current agreement between Union Pacific Railroad and the Sheriff's Office does not provide funding or other resources to the Sheriff's Office's for the purposes of enhancing our ability to enforce trespassing laws on Union Pacific Railroad property. Due to the Sheriff's Office's current patrol staffing levels, we have very limited ability to provide enhanced levels of service on Union Pacific Railroad property. MAILING ADDRESS: PHONE: (805) 568-2291 Fax: (805) 568-3301 COUNTY COURTHOUSE EMAIL: SBCGJ@SECGJ.ORG 1100 ANACAPA STREET HTTP://WWW.SBCGJ.ORG SANTA BARBARA, CA 93101 GRAND JURY SANTA BARBARA COUNTY June 10, 2019 Santa Barbara County Sheriff's Office 4434 Calle Real Santa Barbara, CA 93110 Dear City Council Members: On behalf of the 2018-2019 Santa Barbara County Grand Jury, I am attaching a copy of the report for your review and response: RAILROAD FATALITIES IN SANTA BARBARA COUNTY The Grand Jury, County Counsel and the Presiding Judge have approved this report. The California Penal Code § 933.05 requires the following: You are receiving this report two working days prior to its release to the public; you shall not disclose this report prior to its public release. You must respond to each Finding and Recommendation in this report. . As an elected county officer or agency head, the response time is not later than 60 days from the date of receipt of the report. As the governing body of a public agency subject to the reviewing authority of the Grand Jury, the response time is not later than 90 days of receipt of the report. If your response to a Recommendation is "Requires Further Analysis," you must provide an analysis completion schedule which shall not exceed six months from the report publication date. Your response is a public record and will be posted on the Grand Jury website, www.sbcgj.org. You are required to send a hard copy of your response to: The Honorable Michael J. Carrozzo, Presiding Judge Santa Barbara County Superior Court 1100 Anacapa Street Santa Barbara, CA 93101 The Jury requests that you send an additional hard copy of your response to this same address to the attention of the Grand Jury Foreperson. Respectfully Yours, Santa Barbara County<br>Sheriff's Office Robert R. Downer, Foreperson JUN 1 0 2019 RAILWAY FATALITIES IN SANTA BARBARA COUNTY SUMMARY The Santa Barbara County Grand Jury (Jury) received a request to investigate railroad deaths in Santa Barbara County (County). During a four-year period from 2015 through 2018, 20 railroad- related fatal accidents occurred along the 109-mile County railroad corridor. Ninety-five percent of the fatalities were the result of pedestrian trespassing on the right-of-way owned by Union Pacific Railroad (UPR) and used by both UPR and Amtrak. The Jury identified high rates of "suicide by train" and deaths of transient/homeless persons as significant trends. The Jury found that a vast majority of fatalities occurred in two relatively small stretches of track: from Ortega Hill in Summerland to Milpas Street in the City of Santa Barbara and from Patterson Avenue to Glen Annie Road in Goleta. The Jury focused efforts on these high fatality zones and developed six recommendations that could enhance railroad safety in the County. BACKGROUND During the four-year period from 2015 through 2018, 20 railroad-related fatalities occurred along the 109-mile County railroad corridor (Figure 1). UPR owns all the track in the County, including the right-of- Location of Railway Fatalities way which averages 100 feet in width for the majority Figure 1 of the corridor. Amtrak leases the UPR track for use in operating its passenger trains, which pass through the County rail corridor 12 times a day, six in each direction. UPR runs an average of two freight trains through the corridor each day. 0 2018 UPR classifies any incident or accident that occurs on 2017 0 its tracks, or within its right-of-way, as a trespasser 2016 0 2015 0 incident or trespasser accident. UPR uses this 10 20 terminology to emphasize that anyone injured on its 30 Miles property was there without permission. When a Source: Sheriff/Coroner Data pedestrian or vehicle is in a Figure 1 designated crossing, it is not considered trespassing. Of the 20 deaths recorded in the County, 19 were pedestrians and one was vehicle related. By the UPR classification, all the pedestrian fatalities were trespasser incidents. Review of the data by the Jury revealed that the vast majority of fatalities occurred within two relatively short High Fatality Zones (HFZ), between Ortega Hill and Milpas Street (HFZ1) and between Patterson Avenue and Glen Annie Road (HFZ2) (Figure 2). Of the 19 pedestrian trespasser fatalities during this four-year period, 11 were in HFZ1 and six in HFZ2. Thus, 85 percent of fatalities occurred in approximately 12 percent (13 miles) of the 109-mile County railroad corridor. Santa Barbara County – South Coast Rail Deaths 2015-2018 Mission<br>Caryon Hope Result anta Barbara Tere Canyon 6 HFZ2 2015 2016 0 HFZ1 0 2017 2018 0 Source: Sheriff/Coroner Data Figure 2 Most of the pedestrian trespasser fatalities have been classified as transient/homeless by the Sheriff/Coroner (Coroner) (Figure 3 and Exhibit A). The Jury found significant Resident Status of Railroad Fatalities numbers transient/homeless of 2015-2018 encampments in HFZ1 and HFZ2, as TRANSIENT/HOMELESS PERMANENT/LOCAL pictured below. These zones include stretches where right-of-way fencing has deteriorated is nonexistent. or Additionally, these portions of the corridor have extensive areas where scrub brush and trees have been allowed to grow in the right-of-way, providing natural shelter for transient/homeless encampments. Areas where brush has been cleared and trees properly managed Source: Sheriff/Coroner Data have very few encampments. Figure 3 . Source Carpinteria-Summerland Fire District Source: Santa Barbara County Fire Department UPR employs approximately 100 security personnel for the entire Western United States, which covers a total of 23,000 miles of track. In Santa Barbara County, local law enforcement agencies enforce trespassing and illegal camping ordinances in city, county, and state-owned land but do not pursue enforcement into the privately owned UPR right-of-way. In other locations, UPR has negotiated Memoranda of Understanding (MOU) with local law enforcement agencies to provide security along its right-of-way. In these cases, when pedestrian trespassing or encampments are observed, the local law enforcement agency is notified and takes the appropriate measures to remove the trespassers. A disturbing observation is the number of incidents of "suicide by train." The Coroner determined that 11 of the deaths in the county were suicides, of which seven were transients/homeless while four were local citizens or people with permanent addresses (Figure 4). Railroad Fatalities: Coroner Rulings 2015-2018 ACCIDENT SUICIDE Source: Sheriff/Coroner Data Figure 4 Ninety percent of the fatalities occurred between the hours of 11 a.m. and 7 p.m. None of the deaths occurred between 8 p.m. and 7 a.m. Railroad Trespasser Fatalities Ninety-five percent of all deaths Time of Day involved the Amtrak trains. Accidents == Suicides 4 $$$$$$$$$$$$$$$$$$$$ PM AM Source: Sheriff/Coroner Data Figure 5 A comparison of railroad deaths in the County with those in neighboring counties revealed a higher number and a much higher rate of railroad fatalities when compared to county population. Over the four-year period, the County had one railroad Railroad Trespasser Fatalities related death per 22,000 inhabitants, Ventura By County 2015 - 2018 County had one per 46,000 inhabitants, San Luis Obispo County had one per 57,000 inhabitants, and Kern County had one per 69,000 inhabitants1. 20 94. 15 # 201a 2017 10 II 2016 m 2015 5 0 Yentura Cern San Luis Obispe Santa Barbara Source: California Public Utilities Commission Data Figure 6 <b>METHODOLOGY</b> The primary investigative activity undertaken by the Jury consisted of personal interviews with UPR officials and Santa Barbara County Association of Governments (SBCAG) officials. Also interviewed were representatives from the Los Angeles - San Diego - San Luis Obispo Rail Corridor (LOSSAN) which manages the rail corridor. The Jury examined records from the Santa Barbara County Coroner, the California Public Utilities Commission (CPUC), and the Federal Railroad Administration (FRA) to determine the scope and nature of the problem and to determine methods to remedy the situation. The Jury also conducted a site investigation of the rail corridor from Carpinteria to Goleta. ¹ www.worldpopulationreview.com/us-counties/ca, last visited May 23, 2019 0 4. <b>OBSERVATIONS</b> When compared to the number of railroad-related deaths for neighboring counties, the 20 deaths in the County were higher in number and percentage per population than deaths in San Luis Obispo, Kern, and Ventura counties over the same time period. The Jury found that 85 percent of the deaths occurred in two relatively small sections of the County's 109-mile-long railroad corridor. The high number of pedestrian fatalities that occurred in HFZ1 and HFZ2 indicates that these two areas should receive intense scrutiny with respect to pedestrian safety. HFZ1 and HFZ2 have several factors in common including: areas of damaged or nonexistent fencing • stretches of scrub brush and overgrown trees . high numbers of homeless encampments • located near residential neighborhoods adjacent to Highway 101 infrequently patrolled by security personnel . The high number of transient/homeless encampments plays a significant role in county railroad pedestrian deaths. Twelve of the 19 victims have been designated as transient/homeless. Deteriorating fences or no fencing at all provide easy access to the HFZs, while overgrown foliage provides the partial shelter and concealment that attract homeless encampments. As UPR employs few security personnel, the homeless encampments flourish in these zones. Railroad service providers have worked in cooperation with local city and county agencies elsewhere in California to create sealed corridors. A sealed corridor is an area designed to enhance the safety of trains, passengers, motorists, pedestrians, and neighboring land users within and along a railroad corridor. It employs appropriate safety measures to systematically reduce the opportunity for accidents at grade crossings or elsewhere within the corridor.² An example of this is the City of Glendale, California, where officials from Metrolink and city agencies combined to make safety improvements including roadway and curb widening, new automatic vehicle exit gates, new sidewalks, new pedestrian gates and traffic signal advance preemption technology. Officials from Metrolink and city agencies refer to this as positive train control.3 The combination of these measures and others, such as additional fencing, removal of excess foliage and increased security observation, can work to limit pedestrian access to railroad right-of-way and create a sealed corridor. UPR and Amtrak, working in conjunction with local governmental agencies, could create a sealed corridor stretching from Ortega Hill to Glen Annie Road. Improvements should include the repair and replacement of fencing to eliminate access to the rights-of-way, clearing of overgrown foliage ² www.DOT.CA.gov/hg/ctc/2006 Southern California Regional Rail Authority Board of Directors Report, "Metrolinks Sealed Corridor Project 2006," last visited May 9, 2019 ³ www.cvweekly.com Crescenta Valley Weekly, "Rail 'Sealed Corridor Inaugurated," November 22, 2012, page 1, last visited May 12, 2019 to eliminate shelter areas, and working with local law enforcement to provide security and eliminate pedestrian trespassing. Another component adding strength to the proposed sealed corridor would be to increase the security presence within the right-of-way area. In parts of Ventura County, the Sheriff's Department and UPR have adopted an MOU to provide security within the privately owned UPR right-of-way, and to investigate reports of pedestrian trespassing. If MOUs can be created with the Santa Barbara County Sheriff's Department and the Santa Barbara Police Department, security will be vastly improved within the proposed sealed corridor. The introduction of video cameras within the HFZs can also act to seal the corridors. An eight-car passenger train traveling at 80 miles per hour needs about a mile to stop.4 If video surveillance cameras were installed on poles every mile within the HFZs, the increased observation of the zones could alert UPR staff to the existence of pedestrian trespassers and homeless encampments within the right-of-way. Since 90 percent of the fatalities have occurred between 11 a.m. and 7 p.m., the cameras would need to be monitored only during this period. The sealed corridor concept could reduce the "suicide by train" incidents. All of the 11 pedestrian suicides occurred in the HFZ1 and HFZ2 areas. Easy access to the right-of-way, the predictability of train arrivals, the overgrown foliage, and the secluded nature of the zones within populated neighborhoods make them likely places for suicide. While the Jury realizes that it would be impossible to prevent determined individuals from ending their lives, creating sealed corridors can reduce the likelihood of suicide by train. CONCLUSIONS The 20 railroad-related deaths that occurred in the 109-mile County railroad corridor during the 2015 through 2018 period are significant and are concentrated within two small areas of track, HFZ1 and HFZ2. A reduction in pedestrian trespassing deaths, including suicides and transient/homeless deaths, can best be secured by restricting access to and providing additional security in the HFZs. Other jurisdictions in the state of California have achieved success in reducing the number of railroad fatalities by constructing a sealed corridor. A sealed corridor could be constructed from Ortega Hill to Glen Annie Road, essentially spanning the cities of Santa Barbara and Goleta. For maximum effectiveness, the proposed Santa Barbara-Goleta corridor would require a program to: mend existing fences and erect new ones remove overgrown foliage in the right-of-way area improve security patrols by negotiating MOUs with local law enforcement increase surveillance by installing video cameras to monitor pedestrian trespassing and transient/homeless encampments. A collaboration between all stakeholders, including scheduling regular meetings, will improve railroad safety measures in the County. 4 www.OLI.org Minnesota Operation Lifesaver, Inc., last visited May 23, 2019 Exhibit A Time 11:30 AM 12:44 AM 12:05 AM 7:08 AM 6:56 PM 12:06 AM 6:00 PM 6:11 PM 6:00 PM 3:00 PM 7:00 PM 4:30 PM 3:00 PM 3:05 PM 7:10 AM 3:03 PM 7:00 PM 5:22 PM 1:30 PM 3:00 PM Home² Ruling¹ S S X S S K S K S S S S Santa Barbara County Railroad Fatalities X K K S 4 X K S Pacheco and 12th Streets Milpas/Calle Puerto Vallarta Southbound Olive Mill Exit Years 2015 through 2018 Location 15 S La Patera Ln. San Pedro Creek W. Montecito ST 1700 Fernald PT 500 Ninos Drive <b>Butterfly Lane</b> <b>Butterfly Lane</b> Magnolia Ave 300 S Milpas Spring Road Wallace Ave Mirmar Ave Glen Annie W. Main ST RR Tracks La Patera Eucalytos Santa Barbara Santa Barbara Santa Barbara Summerland City Guadalupe Guadalupe Carpinteria Guadalupe Montecito. Montecito. Montecito. Montecito. Montecito. Montecito Goleta Goleta Goleta Goleta Goleta Goleta Age Local Resident 9 19 49 9 59 54 59 18 74 46 9 21 33 20 52 65 61 44 62 7 S = Suicide, A = Accident<br>T = Transient, L = Local Re ctim male male male Female Female Female male male nale nale Male Male 0 Male 0 0 0 e Male Male Mal Mal Fen Ma ĭ Ma Fen Ma Fer Fel Fel 2015 2015 2015 2018 2016 2015 2015 2015 Year 2018 2018 2018 2016 2016 2017 2017 2017 2017 2017 2017 2017 13 4 5 16 20 9 12 9 8 FINDINGS AND RECOMMENDATIONS

Eighty-five percent of railroad-related deaths occurring in Santa Barbara County were pedestrian trespasser incidents that occurred in the High Fatality Zone One from Ortega Hill in Summerland to Milpas Street in Santa Barbara and High Fatality Zone Two from Patterson Avenue to Glen Annie Road in Goleta.

A sealed corridor has been used effectively to enhance railroad safety.

Fencing along the railroad right-of-way in the High Fatality Zones is inadequate or nonexistent.

Overgrown foliage and trees provide a natural shelter for homeless encampments.

Video surveillance cameras provide increased observation of activity by pedestrian trespassers and homeless encampments within the Union Pacific Railroad right-of-way.

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stretches of scrub brush and overgrown trees . high numbers of homeless encampments

located near residential neighborhoods adjacent to Highway 101 infrequently patrolled by security personnel . The high number of transient/homeless encampments plays a significant role in county railroad pedestrian deaths. Twelve of the 19 victims have been designated as transient/homeless. Deteriorating fences or no fencing at all provide easy access to the HFZs, while overgrown foliage provides the partial shelter and concealment that attract homeless encampments. As UPR employs few security personnel, the homeless encampments flourish in these zones. Railroad service providers have worked in cooperation with local city and county agencies elsewhere in California to create sealed corridors. A sealed corridor is an area designed to enhance the safety of trains, passengers, motorists, pedestrians, and neighboring land users within and along a railroad corridor. It employs appropriate safety measures to systematically reduce the opportunity for accidents at grade crossings or elsewhere within the corridor.2 An example of this is the City of Glendale, California, where officials from Metrolink and city agencies combined to make safety improvements including roadway and curb widening, new automatic vehicle exit gates, new sidewalks, new pedestrian gates and traffic signal advance preemption technology. Officials from Metrolink and city agencies refer to this as positive train control.3 The combination of these measures and others, such as additional fencing, removal of excess foliage and increased security observation, can work to limit pedestrian access to railroad right-of-way and create a sealed corridor. UPR and Amtrak, working in conjunction with local governmental agencies, could create a sealed corridor stretching from Ortega Hill to Glen Annie Road. Improvements should include the repair and replacement of fencing to eliminate access to the rights-of-way, clearing of overgrown foliage 2 www.DOT.CA.gov/hg/ctc/2006 Southern California Regional Rail Authority Board of Directors Report, "Metrolinks Sealed Corridor Project 2006," last visited May 9, 2019 3 www.cvweekly.com Crescenta Valley Weekly, "Rail 'Sealed Corridor Inaugurated," November 22, 2012, page 1, last visited May 12, 2019 to eliminate shelter areas, and working with local law enforcement to provide security and eliminate pedestrian trespassing. Another component adding strength to the proposed sealed corridor would be to increase the security presence within the right-of-way area. In parts of Ventura County, the Sheriff's Department and UPR have adopted an MOU to provide security within the privately owned UPR right-of-way, and to investigate reports of pedestrian trespassing. If MOUs can be created with the Santa Barbara County Sheriff's Department and the Santa Barbara Police Department, security will be vastly improved within the proposed sealed corridor. The introduction of video cameras within the HFZs can also act to seal the corridors. An eight-car passenger train traveling at 80 miles per hour needs about a mile to stop.4 If video surveillance cameras were installed on poles every mile within the HFZs, the increased observation of the zones could alert UPR staff to the existence of pedestrian trespassers and homeless encampments within the right-of-way. Since 90 percent of the fatalities have occurred between 11 a.m. and 7 p.m., the cameras would need to be monitored only during this period. The sealed corridor concept could reduce the "suicide by train" incidents. All of the 11 pedestrian suicides occurred in the HFZ1 and HFZ2 areas. Easy access to the right-of-way, the predictability of train arrivals, the overgrown foliage, and the secluded nature of the zones within populated neighborhoods make them likely places for suicide. While the Jury realizes that it would be impossible to prevent determined individuals from ending their lives, creating sealed corridors can reduce the likelihood of suicide by train.