title
SCHEDULE PUBLIC HEARING AND AUTHORIZE INTENT TO VACATE A PORTION OF WASHINGTON STREET BETWEEN PORT ROAD 13 AND NAVY DRIVE
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize staff to schedule a Public Hearing for August 23, 2016, for the proposed vacation of a portion of Washington Street between Port Road 13 and Navy Drive at the Port of Stockton;
2. Authorize City intent to vacate a portion of Washington Street between Port Road 13 and Navy Drive at the Port of Stockton;
3. Authorize the reservation of a public utility easement;
4. Authorize the filing of Notice of Exemption No. CE010-16 under the California Environmental Quality Act (CEQA) for the abandonment of Washington Street between Port Road 13 and Navy Drive; and
5. 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.
body
Summary
The Port of Stockton requested the City initiate a vacation by performing an abandonment of a street located on a portion of Washington Street between Port Road 13 and Navy Drive (Attachment A and B - Vicinity and Aerial Maps). Fee title to the abandonment area is owned by the Stockton Port District. This portion represents the remaining segment of Washington Street that the Port proposes to have control over for security purposes since it is an access point to the Port facilities (Attachment C - Stockton Port District Property Map).
The City may perform this proposed abandonment of a street as a general vacation under Division 9, Part 3, Section 8300, et. seq., of the California Streets and Highways Code. A general vacation requires the City Council to select a hearing date, adopt a resolution of intention to vacate, and perform the notification and advertising requirements.
The Public Works Department concurs with the proposed vacation of this portion of Washington Street between Port Road 13 and Navy Drive as the City currently maintains this portion of roadway under the street maintenance program and the abandonment will reduce future City costs. Consequently, it is recommended that Council approve the proposed resolution.
DISCUSSION
Background
On May 6, 2008, by Resolution No. 08-0174 (Attachment D - Resolution No. 08-0174), the City Council authorized a portion of Washington Street and Navy Drive to be vacated at the request of the Port of Stockton after conducting a public hearing where the City Council duly considered all the evidence and testimony submitted.
The Port of Stockton requested the abandonment of a portion of Washington Street and Navy Drive in connection with Homeland Security issues and the development of the Pacific Ethanol Plant. The intention of the Port is to have control over all access points to the Port facilities. Besides security concerns, the control allowed the Port to develop a rail loop around the ethanol facility that accommodates thirty-two 100-car trains per year loaded with corn from the Midwest. The control also allowed the Port the ability to provide roadway for approximately six tankers per day to ship the refined ethanol. The Port has since taken control over the operation and maintenance of these roadways.
On February 25, 2014, by Resolution No. 2014-02-25-1210 (Attachment E - Resolution No. 2014-02-25-1210), the City Council authorized a portion of Navy Drive between the Burlington Northern and Santa Fe (BNSF) Railroad Crossing and Washington Street to be vacated at the request of the Port of Stockton after conducting a public hearing where the City Council duly considered all the evidence and testimony submitted.
The Port of Stockton requested the abandonment of a portion of Navy Drive between the BNSF Railroad Crossing and Washington Street to continue the implementation of Homeland Security requirements surrounding the operation of the Port and the extension of the Crosstown Freeway from Fresno Avenue to Navy Drive. The Port has also taken control over the operation and maintenance of these roadways.
Present Situation
The Port of Stockton has requested the City to perform an abandonment of a pubic road easement that is located on a portion of Washington Street between Port Road 13 and Navy Drive. This portion represents the remaining segment of Washington Street that the Port intends to control since it is an access point to the Port facilities.
The proposed area to be abandoned is located on a portion of Washington Street between Port Road 13 and Navy Drive. The proposed abandonment area consists of approximately 268,546 square feet (Exhibit 1 to the Resolution - Plat and Legal Descriptions). Fee title to the abandonment area is owned by the Stockton Port District.
There is one property owner, Riverside Cement Company, on Washington Street adjoining the proposed abandonment area. Riverside Cement Company's only access to their property is over the existing street proposed to be abandoned. This property owner has been notified of the proposed abandonment and has not objected as an access easement agreement has been executed between the Stockton Port District and Riverside Cement Company (Attachment F - Access Easement Agreement). Riverside Cement Company has agreed to this abandonment in exchange for the access rights over the vacated property.
The City may perform this proposed abandonment as a general vacation under Division 9, Part 3, Section 8300, et. seq., of the California Streets and Highways Code. A general vacation requires the City Council to select a hearing date, adopt a resolution of intention to vacate, and perform the notification and advertising requirements. A public hearing is required for this proposed abandonment since Washington Street is an active street right-of-way and public funds have been used to maintain the area.
The Port of Stockton 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 City of Stockton Traffic Division has requested that one traffic signal located at Washington Street and Stork Road be transferred from the City of Stockton to the Port of Stockton. The Port has agreed to this request.
The Public Works Department concurs with the proposed vacation of this portion of Washington Street between Port Road 13 and Navy Drive as the City maintains this portion of roadway under the street maintenance program and the abandonment will reduce future City costs.
NOTIFICATION
Pursuant to California Streets and Highways Code Sections 8322 and 8323, notice of a public hearing for a proposed vacation must be published at least two successive weeks prior to the hearing in the legal notice section of The Record. The public notice ran 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 Port of Stockton, has paid the necessary fees to process this proposed abandonment and is responsible for the publication costs for the public hearing.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Stockton Port District Property Map
Attachment D - Resolution No. 08-0174
Attachment E - Resolution No. 2014-02-25-1210
Attachment F - Access Easement Agreement