Vol. 2, Issue 15, April 10-16, 2009



By Nathan Wright



Many Dana Point residents driving to work Wednesday morning discovered that numerous streets on the southern end of town were lined with yellow signs promoting www.savecapistranobeach.com, a website promoting safety improvements to the nearby railway that could result in a quiet zone designation that would stop train engineers from blasting their horns as they near traffic and pedestrian crossings.



The issue goes before the Dana Point City Council at 6 p.m. on Monday, April 13.



On November 18 the City Council decided against joining the Orange County Transportation Authority’s quiet zone project after the city’s legal counsel advised that it would mean new liability for the city along the railroad tracks. Then-mayor and current councilmember Joel Bishop spoke out against any agreement that could someday result in a lawsuit against the city in the event of a train accident.



Bishop cited the 2007 $50 million settlement between the city and two female joggers who were left quadriplegics after a motorist with a history of driving drunk hit them on Pacific Coast Highway. He expressed concern that accepting liability for the railway—which isn’t owned or operated by the city—might leave the city vulnerable in the future.



Residents speaking in favor of the quiet zone improvements believe the city will be vulnerable to future lawsuits if leaders fail to support safety improvements at the railroad crossing at Palisades Drive and Pacific Coast Highway.



The November 18 decision was met with no opposition. Months later a group of Capistrano Beach residents spoke out against that decision, telling the council they had thought the quiet zone project was a done deal and had not been notified the issue would go before the council. Speakers included Dana Point pediatrician and author William Sears, who spoke on health hazards caused by train horns. Other residents presented the council with petitions from Capo Beach residents and business owners requesting the city pursue the quiet zone project.



Dana Point City Manager Doug Chotkevys confirmed Tuesday that the issue will return to the council at the April 13 city council meeting. For photos of the signs, check out the DP Times news blog.