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RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHTS-OF-WAY ALONG WORTH, JEFFERSON, ANDERSON, JACKSON, CLAY, AND UNION STREETS, AND AUTHORIZING A QUITCLAIM DEED FOR THE CONVEYANCE OF THOSE VACATED PORTIONS OF RIGHTS-OF-WAY TO THE SAN JOAQUIN REGIONAL RAIL COMMISSION
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a summary vacation of a portion of the public rights-of-way at Worth, Jefferson, Anderson, Jackson, Clay, and Union Streets.
2. Authorizing the filing of Notice of Exemption No. 26-24 under the California Environmental Quality Act for the summary vacation of a portion of the public rights-of-way at Worth, Jefferson, Anderson, Jackson, Clay, and Union Streets.
3. Authorizing the portion of the public rights-of-way at Worth, Jefferson, Anderson, Jackson, Clay, and Union Streets to be conveyed to the San Joaquin Regional Rail Commission via quitclaim deed.
4. Authorizing the reservation of a Public Utility Easement.
5. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
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Summary
The San Joaquin Regional Rail Commission (SJRRC) requested the City of Stockton initiate a vacation to abandon paper streets located at Worth, Jefferson, Anderson, Jackson, Clay, and Union Streets to support construction of the Stockton Diamond Grade Separation Project (Attachment A - Vicinity Map and Attachment B - Aerial Map). These roadways are classified as “paper streets” because they exist on the original roadway grid network of the City but were never constructed as official roadways. Fee titles to the abandonment areas are owned by adjoining property owners, which includes the City of Stockton. Accordingly, SJRRC has requested the City of Stockton quitclaim all interest in the properties to SJRRC.
DISCUSSION
Background
The Burlington Northern Santa Fe Railway (BNSF) and Union Pacific Railroad (UPRR) operate two major tracks that intersect at-grade in the City of Stockton at what is called the Stockton Diamond. The Stockton Diamond rail intersection is located just south of Downtown Stockton, east of Aurora Street and south of Scotts Avenue. The Stockton Diamond rail intersection is the busiest, most congested rail bottleneck in California that has created operational inefficiencies for goods movement both within the Central Valley and across the national railway network. It also impacts the frequency, reliability, and potential expansion opportunity of passenger rail services. Consequently, the San Joaquin Regional Rail Commission (SJRRC) is taking the lead to design and construct what is called the Stockton Diamond Grade Separation project to eliminate the rail intersection. Specifically, the project will grade separate the principal lines of BNSF and UPRR at the Stockton Diamond, creating uninterrupted flow of rail traffic through the crossing. This will be done by building a new elevated UPRR rail that crosses over the BNSF tracks, thereby removing the rail intersection. Project scope also includes bike, pedestrian, and roadway improvements at ten at-grade local road crossings in the City of Stockton, enhancing safety and access for residents.
Present Situation
The City of Stockton has mapped streets within the limits of the Stockton Diamond Grade Separation project. These roadways are classified as “paper streets” because they exist on the original roadway grid network of the City but were never constructed as official roadways. The SJRRC has requested the City initiate a vacation process to abandon a portion of the City’s streets located at Worth Street, Jefferson Street, Anderson Street, Jackson Street, Clay Street, and Union Street to support construction of the Stockton Diamond Grade Separation Project.
UPRR owns the properties abutting the proposed street abandonment areas. Abandoning these portions of rights-of-way will provide the SJRRC with the necessary right-of-way to initiate construction of the Project. The proposed area to be abandoned consists of approximately 6.33 acres.
The abandonment areas for Worth, Jefferson, Anderson, Jackson, and Clay Streets are approximately 304 feet. These streets are situated between Union Street to the east and the railroad tracks to the west. The abandonment area for Union Street extends between Taylor Street to the north and Dr. Martin Luther King, Jr. Boulevard to the south, covering approximately 2,072 feet.
The Public Works, Community Development, Municipal Utilities, Police and Fire Departments, as well as local utilities, were notified of the proposed vacation at this site; no objections were received. It is recommended that a public utility easement be reserved in each of the proposed abandonment areas.
The City may perform this proposed vacation as a summary vacation under Division 9, Part 3, Chapter 4, Section 8334(a) of the California Streets and Highway Code, and a public hearing is not required. Section 8334(a), in relevant parts, provides that:
“The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes.”
The Public Works Department concurs with the proposed vacation of these portions of Worth, Jefferson, Anderson, Jackson, Clay, and Union Streets.
It is recommended that the City Council approve the proposed resolution.
NOTIFICATION
As required for the lease or sale of real property, a notice in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was published in the official newspaper of the City at least ten (10) days before such action is taken. A public notice was published in the legal notice section of The Record on August 9, 2024.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act Guidelines Section 15061(b)(3). The activity is granted a general rule exemption since there is no possibility that the activity in question would have significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s). The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, SJRRC, has paid the necessary fees to process the proposed vacations. There is no fiscal impact on the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map