Item Coversheet

Agenda Item 5.

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TRANSPORTATION AGENCY FOR MONTEREY COUNTY
Memorandum
To: 

Executive Committee

From:

Christina Watson, Director of Planning

Meeting Date:

October 2, 2019

Subject:

Monterey Branch Line Recreational Use Unsolicited Proposal


RECOMMENDED ACTION:

RECEIVE information and PROVIDE direction to staff as to the unsolicted proposal for interim use of the Monterey Branch Line right-of-way for a recreational enterprise.

SUMMARY:

Staff has received multiple proposals over the years to use the Monterey Branch Line right-of-way for recreational purposes. A proposal from the Museum of Handcar Technology LLC, received in July 2019, is more developed than any received to date, but such effort would require a competitive process in which all interested entities could participate. Work on such a proposal is outside the Agency’s adopted work program, goals and objectives.  

FINANCIAL IMPACT:

Staff time and legal costs to work on this effort would be a one time cost in the tens of thousands of dollars, with additional ongoing oversight costs. A minimal amount of lease revenues could be assumed. Delay to other agency priorities would need to occur as staff resources and funding were redirected. Potential liability costs could be significant, although every effort would be made to transfer those to the operator.  

DISCUSSION:

In July 2019, TAMC staff received a letter and unsolicited proposal (see attached conceptual proposal and web attachments) from Mason and Todd Clark of the Museum of Handcar Technology LLC to use three miles of the Monterey Branch Line rail corridor (Marina to Seaside) for a one-month demo of tourist handcar operations in the summer of 2020. They propose to fence off a 70 foot by 10 foot area of the tracks near to the 5th Street underpass in Marina (within the Fort Ord Dunes State Park) to store their vehicles, and they propose to have employees and tourists park on TAMC property at 5th Street. Their estimated costs of $56,000 does not include payment to the Agency for use of the tracks and property, nor does it include environmental review. They expect to make a small profit by running several handcar trips every day during the one-month demo.

 

This is not the first proposal TAMC has received for a recreational use of the Branch Line tracks, but it is the most developed. Previous proposals include a "rail riders" group that has modified bicycles to ride on rail tracks. Since the Museum of Handcar Technology does not propose a unique service, if the Board directs staff to proceed along this path, staff would need to prepare, publish and administer a Request for Proposals.

 

Staff believes that while this is an interesting proposal, running a recreational service on the Monterey Branch Line does not support the Agency’s core transportation goals. There would be a cost in terms of staff time to conduct a request for proposals, select an operator, and oversee the operations contract and there would be a risk of liability in the event of an accident. If extended beyond the trial period, the project could generate opposition to the planned Measure X Highway 1 Rapid Bus Corridor project (slated for construction within five years) or the long-term plans for light rail service on the Monterey Branch Line.  

 

In the past, working with such groups involved substantial staff and legal counsel time to prepare an agreement, and in the end, the operator declined to accept the liability associated with the service. As such, to move forward on this proposal, it would require an amendment to the Agency’s work program and budget, since such a project falls outside current work elements. In addition, some level of work on existing project(s) would need to be delayed in order to prioritize work on this new concept.

 

The Rail Policy Committee considered this proposal at its August 5, 2019 meeting, before TAMC had adopted its Policy for Unsolicited Proposals. Staff now asks the Executive Committee to review the conceptual proposal and provide direction to staff.

ATTACHMENTS:
Description
Handcar Conceptual Proposal
WEB ATTACHMENTS: