title
APPROVE SUMMARY VACATION AND DISPOSITION OF A PORTION OF WEST WEBER AVENUE
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize summary vacation, and any interest therein, of a portion of West Weber Avenue; and
2. Authorize the reservation of a public utility easement; and
3. Authorize the filing of Notice of Exemption No. CE016-15 under the California Environmental Quality Act (CEQA) for the summary vacation and disposition of a street located on a portion of West Weber Avenue; and
4. Authorize the disposition of a 2.58-acre portion of West Weber Avenue to the State of California, Department of Water Resources (DWR) in the amount of $70,400; and
5. Authorize the City Manager, or his designee, to execute the Right of Way Contract with the DWR; and
6. Authorize the City Manager, or his 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 DWR has requested that the City of Stockton pursue the proposed abandonment of a portion of West Weber Avenue (Attachments A and B - Vicinity and Aerial Maps). The proposed area to be abandoned is a 2.58-acre portion of West Weber Avenue located on the westerly 1,090 feet of West Weber Avenue. The DWR has offered to purchase this area for $70,400 based on a formal appraisal report prepared by the DWR. As a requirement of the proposed abandonment, it will be necessary for the DWR to terminate West Weber Avenue by installing a cul-de-sac at the westerly end of West Weber Avenue. An engineer’s estimate for construction of this improvement is $301,000. Statutory authority for such abandonment is contained in Streets and Highways Code Section 8300 et.seq.
The summary vacation and disposition of a street located on this portion of West Weber Avenue to the DWR will allow the DWR to secure the land that is necessary for the development of the site and the facilities implementation component of the Delta Flood Emergency Preparedness, Response, and Recovery Program (Delta ER Program) to be located in the City of Stockton. This action will also allow for a street that is unnecessary for present or prospective public use to be eliminated from the maintenance program thereby reducing future City costs. Consequently, it is recommended that Council approve the proposed resolution.
DISCUSSION
Background
In 1945, the westerly portion of West Weber Avenue, consisting of 1,090 feet, was quitclaimed to the City of Stockton for street purposes (Attachment C - Westerly Portion of West Weber Avenue). In 2013 and 2014, the DWR purchased the adjacent parcels to the north (APN 145-190-16 and APN 145-190-17) and south (APN 145-190-08) (Attachment D - Parcels owned by DWR Map) of this quitclaimed portion of West Weber Avenue in order to assemble the land necessary for the facilities implementation component of the Delta ER Program.
The DWR proposes to acquire long-term access and improve up to three sites in the Delta; these sites are located in Stockton, Rio Vista, and Brannan-Andrus. The parcels purchased in 2013 and 2014 by the DWR, along with the proposed disposition of the westerly portion of West Weber Avenue to the DWR from the City, represent the site selected in Stockton to serve as a part of the Delta ER Program.
The purpose of the Delta ER Program is to ensure that the State of California has the appropriate infrastructure and supplies in the Delta to respond to and recover quickly and effectively from major flood or earthquake disasters in the Delta. The primary objective of the project is to improve three transfer facilities sites where quarry rock, sand, soil, and other flood-fight materials can be efficiently transferred from trucks to barges to expedite levee repairs and facilitate channel closures in the event of Delta levee breaches. In addition, the project sites would serve other emergency response functions needed by the DWR to respond rapidly and effectively to significant emergencies in the Delta, including storage of repair materials and flood-fight supplies, and to serve as Incident Command Posts. The DWR will use existing improvements and proposes to construct additional improvements on the site in order to support emergency response functions.
Present Situation
The DWR requested that the City of Stockton pursue the proposed abandonment of a substandard impassable street located on a portion of West Weber Avenue in order to allow the DWR to acquire the area from the City so that the DWR could assemble the land necessary to develop the Delta ER Program facility site located in Stockton. This portion of West Weber Avenue currently impedes the proposed development of the site selected by DWR to serve as the facilities implementation component of the Delta ER Program as it bisects the parcels owned by the DWR located to the north and south of West Weber Avenue. The DWR securement of this portion of West Weber Avenue will provide the land that is necessary for the development of the site and the facilities implementation component of the Delta ER Program to be located in the City of Stockton.
The proposed area to be abandoned is a 2.58-acre portion of West Weber Avenue (Exhibits 1 and 2 to the Resolution - Plat and Legal Description). As a requirement of the proposed abandonment it will be necessary for the DWR to terminate West Weber Avenue by installing a cul-de-sac at the westerly end of West Weber Avenue (Attachment E - West Weber Avenue Cul-de-sac Street Improvements). The installation of this cul-de-sac, along with any other necessary roadway improvements, including a street light will be performed and paid for by the DWR. An engineer’s estimate for construction of these improvements is $301,000 with approximately $13,486 already being paid to the City for plan check fees.
There are two adjacent property owners abutting the proposed abandonment area that have been notified of the proposed abandonment. The DWR requested concurrence letters from these property owners, stating that they are acceptable to West Weber Avenue being abandoned. Sierra Pacific Warehouse Group/Stockton Cold Storage LLC, provided a concurrence letter offering support and approval of the DWR proposed improvements (Attachment F - Sierra Pacific Concurrence Letter). The DWR has not been able to obtain a concurrence letter from the second property owner, Gregg Culhane, despite several requests. The DWR has made significant efforts in attempting to discuss and resolve outstanding issues raised by Gregg Culhane. These efforts consist of numerous contacts via telephone, email, fax, and on site meetings between the DWR and the property owner since 2014.
Issues raised by the property owner include criminal activity in the area, lighting and security concerns, and construction notification to avoid AT&T and PG&E service interruptions. The project was conditioned to install a street light at the end of the cul-de-sac located at the westerly end of West Weber Avenue as a part of the improvement plans submitted to the City. Although criminal activity in the area cannot be completely resolved as a part of the proposed abandonment and disposition, the installation of an additional street light may help deter criminal activity, along with addressing the lighting and security concerns raised by the property owner. The DWR has agreed to notify and coordinate with the property owner on any future construction activity in an effort to prevent utility service interruptions. The existing ingress and egress located at this property will not be effected thereby providing adequate access to and from West Weber Avenue.
Summary Vacation
The City may perform this proposed abandonment as a summary vacation under Section 8331 of the Streets and Highways Code and a public hearing is not required. This code section allows that:
The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway has been
impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.
Under Section 8331(a) this proposed abandonment qualifies for summary vacation because for a period of five consecutive years, the street has been impassable for vehicular travel. Public Works staff confirmed this portion of West Weber Avenue has been closed off to public access with a security gate restricting vehicular travel for a minimum of five years. The gate was installed and maintained by the previous owner of the property acquired by the DWR. The DWR has maintained control of the security gate since 2013.
Under Section 8331(b) this proposed abandonment qualifies for summary vacation because no public money has been expended for maintenance on the street for a minimum of five years. Public Works staff confirmed this portion of West Weber Avenue has not been maintained for a minimum of five years.
Thus, this portion of West Weber Avenue has been an impassable street for vehicular travel with no public money expended for maintenance on the street for a minimum period of five consecutive years thereby meeting both conditions of Section 8331 and allowing for the summary vacation of a portion of West Weber Avenue.
The DWR has paid the necessary fees to process this proposed abandonment and all City Departments and utilities were notified. There are various utilities located in the proposed abandonment area. Therefore, it is recommended that the proposed abandonment area will be reserved as a public utility easement. The Public Works Department concurs with the proposed abandonment of this portion of West Weber Avenue since it has served as an impassible street for a minimum of five years and is unnecessary for present or prospective public use.
The DWR has offered to purchase the 2.58-acre portion of West Weber Avenue for $70,400 (Exhibit 4 to the Resolution - Proposed ROW Contract). This is based upon the market value, as of July 23, 2015, in a formal appraisal report prepared by the DWR. Valuation of the property is based upon an analysis of recent sales of similar property in this locality. Valuation of the land recognizes all factors influencing its current value including cost to cure and diminished use due to liabilities. The cost to cure includes costs for remediation to bring the property to a clean, vacant and toxic free condition. The liabilities include possible toxic cleanup, removal of an old asphalt road, removal of old railroad ties, refilling and grading the surface prior to development, and marketability of the property as a remnant piece of property. In this instance, there are considerable costs to cure and liability considerations that impact the market value of this property which are reflective in the offered amount.
NOTIFICATION
All City Departments and local utilities were notified of the proposed abandonment at this site. There are various utilities located in the proposed abandonment area. Therefore, it is proposed that the proposed abandonment area will be reserved as a public utility easement.
As required for the disposition of a portion of West Weber Avenue, a “Notice of Intent to Grant or Sell Real Property Interest” in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was advertised at least ten days prior to the Council meeting in the legal notice section of The Record. The public notice ran on July 11, 2016.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Categorical Exemption” under Article 19 and, specifically, by Section(s) 15301, Class 1 of the State CEQA Guidelines.
In accordance with Section 65402 of the Government Code, the Community Development Department further determined that this activity/project conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, the State of California, DWR, has paid the necessary fees to process this proposed abandonment. The State of California, DWR shall pay all expenses incidental to and necessarily incurred for the conveyance of the real property, including but not limited to advertising costs, recording fees, title insurance charges, reconveyance fees, trustee’s fees, forwarding fees and prepayment penalties. Upon close of escrow, the $70,400 sale proceeds will be deposited into the Capital fund account 301-0000-461.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Westerly Portion of West Weber Avenue Map
Attachment D - DWR Owned Parcels
Attachment E - West Weber Avenue Cul-de-sac Street Improvements
Attachment F - Sierra Pacific Concurrence Letter