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HomeMy WebLinkAboutMINUTES - 02121991 - 1.65 TO: BOARD OF SUPERVISORS r/j Contra o s Costa FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT �. C !t-+' t DATE: February 12, 199.1 SUBJECT: Report on Railroad Right-of-Way Acquisition, SPECIFIC REQUESTS) OR RECOMMENDATIONS) & .BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Accepts report concerning public acquisition of abandoned railroad rights-.of-way- FISCAL IMPACT None.. BACKGROUND/REASONS FOR RECOMMENDATIONS At the August 15, ,1990. Board meeting, Supervisor Fanden requested. staff to research methods, available for public acquisition of abandoned railroad rights-of-way. This, report responds to that . request. The "operations of railroad companies in California are regulated by the State' Public Utilities Commission. In the event that service along any of -the four lines in the County were discontinued, the railroad. companies 'could petition the State Public Utilities Commission to abandon ."the service., . If . this request .were granted, the right-of-way could_ be lost through sales of land or deed restrictions requiring reversion of land to the 'original landowners. Abandoned railroad rights-of-way are often desirable for '-use as public transit corridors or as bicycle and hiking trails. Several recent laws provide assistance to local• governments interested in preserving railroad rights-of-way. CONTINUED ON ATTACHMENT: X YES SIGNATURE 4t . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ON OF ARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED >C OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. FEB 12 1991 Orig:. Community Development Department ATTESTED cc: PHIL BATC.HELOR, .CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY � " , DEPUTY . 1. National Trails Systems Act Congress enacted amendments to the National Trails System Act in 1983, authorizing the Interstate Commerce Commission to preserve rail lines not currently in use for future railroad use and to allow for their interim use as recreational trails. Under this law, a railroad company wishing to discontinue operations along a particular route could negotiate with a state, municipal or private group that would assume financial and managerial responsibility for the right-of-way. If agreement on terms, including a price, can be reached between the railroad and negotiating group, the land is transferred for use as a trail and is not considered abandoned. The constitutionality of this act was challenged and upheld by a February 1990 decision of the U. S. Supreme Court. 2. California Commuter and Intercity Right-of-Way Preservation Act The California Commuter and Intercity Right-of-Way Preservation Act of 1989 (Presley) requires the State, along with federal and local agencies and the private sector, to plan and implement a program for the preservation of rights-of-way for future commuter rail and intercity rail transit. As a first step, the Act authorized the California Transportation Commission to prepare and adopt an inventory of all railroad rights-of-way with potential for public transportation usage. The CTC complied an inventory in October 1990 from data submitted by Caltrans and regional transportation planning agencies. The inventory will be updated every two years. An excerpt of the inventory covering Contra Costa County is attached to this report. (see Exhibit A) In addition to the inventory, the Legislature intended that right-of-way users and local entities negotiate in good faith for the acquisition of the rights-of-way which are included in the inventory. 3. AB 2550 - Notice to Local Communities Assembly Bill 2550 (flute) , passed by the Legislature in July 1990 and signed by the Governor, requires any railroad company which petitions the PUC to abandon service to first provide a notice of intent to affected communities and shippers at least 90 days prior to filing a notice with the PUC for abandonment or discontinuance of service. This provides communities early notice that abandonment proceedings- would soon begin and an opportunity to begin negotiations with the railroad in the event the right-of-way were desired for public use. 4. County General Plan and Rail Corridor Protection Ordinance Contra Costa County has taken action through its General Plan and Zoning Ordinance to protect railroad corridors in the unincorporated area of the. County. The 1991 County General Plan (see Exhibit B) contains policies to respond to a proposed right- of-way abandonment. The General Plan gives direction to establish a committee of local jurisdictions to determine the best long-term use of the corridor, prepare a plan to determine this use, and work to acquire the land. In 1987, the Board of Supervisors adopted Ordinance 87-19, establishing a Railroad Corridor Combining District which applied to all railroad corridors in the unincorporated area. Any new land uses or structures proposed within this district are required to obtain a conditional land use permit. The issuance of such a permit required a finding that the proposed use or structure is consistent with the underlying zoning district and all elements of the County General Plan. If the General Plan indicated plans for transit use or trails, the land use permit would be conditioned accordingly. This ordinance was placed on the ballot in November 1990 as Measure B and was confirmed by the voters. 5. Recent Right-of-Way Acquisitions In May 1990, County of Marin, the Marin County Transit District, and the Golden Gate Bridge District jointly agreed to purchase 151 miles of the Northwestern Pacific Railroad Company from the Southern Pacific Company over a four-year period. The land would be set aside for future public transit use. The total cost was $37 million and included both state and local funds. In January 1991, the Peninsula Joint Powers Board reached agreement with the Southern Pacific Company for the purchase of 85 miles of rail right-of-way for $290 million, using state and local funds. In summary, the possible use of existing railroad rights-of-way for future public transportation purposes has been recognized at all levels of government, and measures have been enacted to provide notice, plan for and acquire these rights-of-way at such time as they are proposed for abandonment. Some funds are available from Propositions 108 and 116, passed by the voters in June 1990, and other sources. Local agencies should work with and monitor the operations of railroad companies in their areas so that when it is appropriate, they may enter into negotiations for acquisition of rights-of-way, using the tools provided by federal and state law. transpo.eir2/b:ROWRPT2.BOS E X H I B I T A 26 - Harvey West Branch; and Metro Center Loop. Ownership of the Beach/Boardwalk-University Branch is split among SP, City of Santa Cruz, County of Santa Cruz, and the University of California. The Harvey West Branch has its ownership split among the SP, County of Santa Cruz, Big Trees and Pacific Railway Company, and City of Santa Cruz. The Metro Central Loop is owned by the City of Santa Cruz. K. Metropolitan Transportation Commission (MTC) SP, AT&SF, Northwestern Pacific Railroad, and UP all� own rail rights- of-way within the MTC region. SP owns that portion of the Auburn-Sacramento-Oakland-San Jose rail corridor ends within the MTC region. The rail corridor currently carries freight and Amtrak passenger rail service. The corridor is under study pursuant to ACR 132 (Hannigan) for intercity passenger rail service. The two segments of Davis-to-Auburn and Martinez-to- San Jose have been identified as potential commuter rail service. The rail lines identified below are candidates for urban or commuter rail service. The SP San Ramon Branch line (Ala-6, CC-1) has been abandoned and purchased by Contra Costa and Alameda• as a commuter way (i.e. roads or railway) in Contra Costa County and for possible use as a rail transit corridor in Alameda County. The ultimate development of the corridor in Alameda County may be influenced by, Contra Costa County's policy actions by ultimate modal selection. The SP Mococo Branch line (CC-3) is currently used for freight. This lind,,Is used, in conjunction with the Santa Fe tracks through Franklin Canyon in Contra Costa County, for commuter service. The SP Tracy Branch line has been partially abandoned by SP. The Altamont segment (Ala-3) , is owned by Alameda County. It is identified either for light rail transit or highspeed rail connecting the Central Valley to the Bay area. The Pleasanton-to- Livermore (Ala-2) , Sunol-to-Pleasanton (Ala-3) , and the Niles Canyon (Ala-4) segments are abandoned and are being purchased by Alameda County. The SP Niles to San Jose Branch line is currently used for freight service. BART is evaluating its potential for the Warm Springs extension. The Santa Clara County segment has also been identified as a high priority rail corridor within that county. In the City of Alameda, SP has abandoned two segments (Ala-2) , but still owns the Main Street segment. SP also abandoned the Atlantic Avenue segment now owned by the United States Navy. Both segments would require connections with the East Bay public transportation system to be useable. The Gilroy Branch line (SCC-1) in Santa Clara County carries freight and Amtrak service while the Hollister Branch line (SCC-3) carries METROPOLITAN TRANSPORTATION CO`MISSION EXHIBIT 23 NWP 1 • Healdabunp / SONOMA \ NAPA •I 1 Santa r\ SL Helena . Rosa SoFt �\ Nap-, \ NWP �\ 1 'I acavdle r\ Sol-2 Sol-2 \ Napa I i ,\ PetalumaSG,auvdle- '\ \ ' FairtiaW SOLANO �\ NWP-.Y SNS ��_.__ ✓ (Lorrbaro SM! ASOS SoF2 Novato \ Vallejo , MARIN NWP► CC-2 miocn j San Ratae, CC-2 •Corrsrd rrgnd CC 3 Brentwood stockton Watrtnt CONTRA 'B•rb,ey Crew COSTA . \ _ C4, � SAN AWS Oaklan�'�. �_���• S--, SF-2 FRANCISCO SF-4-1 'Ua'7 aa� Livermore aa-1 R Tracy D as-5 Ca •Hayward .Dublin srM-t S.F.lrnn w-2 A SF-3 San. tASOS •Pleasanton - Brum t( Ala-3 San •Alamo Mateo Fr*Mont PEN`. OLI ALAMEDA --————— ,FSB- _-- Had Radwaod _____._________ Moon Cay Bay Palo Amy I AA. SAN MATEO j Sunnyvale' PEN San FSB-2 SANTA .. CLARA Scl-2 SCI•, A/ Morgan HJI (1\ r/1 Gdroy Carrudero l RAILROAD RIGHTS-OF-WAY WITH Santa Cruz It-Scl-i Sd-7 COMMUTER AND INTERCITY RAIL POTENTIAL Mom's: IN THE NINE-COUNTY BAY AREA N Hollister (SB - 1562) NWP (See text for descriptions) o ,o NOTE: Locations are approximate MILES MTC Seotemoer 1990 - 27 - only freight. It is being considered for the potential extension of CalTrain from San Jose to Gilroy. The Gilroy Branch line is identified in the MTC New Rail. Starts Program, the AB 971 High Speed Rail Study, and in Proposition 116 as a route for commuter rail service. The SP Vasona Branch line (SCL-2) in Santa Clara County carries limited freight service. It is being evaluated for light rail transit and a busway. The SP Peninsula Branch line carries the Peninsula Commute Service from Fourth and Townsend Streets in San Francisco to the Cahill station in San Jose (Pen-1) . SP uses this route for freight service. Ownership of the right-of-way is divided as follows: SP owns the corridor between the Cahill and Palo Alto stations, the Santa Fe Pacific Realty Co. owns the Fourth and Townsend station, and Caltrans owns the remaining stations and rolling stock on this corridor. Currently, the Peninsula Joint Powers Board (JPB) is negotiating with SP for the right-of-way as well as the abandoned San Bruno Branch (SM-1) , Dumbarton Rail Bridge Branch line (Dum) , and Moffitt Branch line in the San Mateo, San Francisco, and Santa Clara counties. Funding is identified in Proposition 116 for capital improvements and acquisition of right-of-way. CalTrain service has been identified in MTC's New Rail Starts Program. The Peninsula corridor has also been identified in the AB 971 (Costa, 1988) study as a potential high speed rail connection between the Central Valley and Los Angeles. The SP Dumbarton Rail Bridge Branch line (Dum) connects Fremont and Redwood City. It is currently owned by SP and has been studied by the JPB for its potential as a cross-bay commuter service. The bridge structure may need some repairs if commuter service is to be feasible. This bridge branch line has also been identified in the AB 1971 (Costa, 1988) study as.a potential segment for intercity rail service between Los Angeles and the- Bay Area. SP's Schellville Branch line (SNS) , Vallejo Branch line (SN) , and Winters Branch line (Sol-1) are identified as having very limited potential for commuter rail service. AT&SF is Franklin Canyon line (CC-3) from Richmond to Port Chicago runs through northwestern Contra Costa County. . The line is used for freight service and not for rail passenger service. It could carry passenger service if the freight service is relocated on the SP Mococo Branch line. UP's Altamont-Fremont Branch line (Ala-5 and FSB-1) through Niles Canyon in eastern Alameda County is heavily used for freight service posing potential conflict for passenger service. UP' s Niles to San Jose Branch line (FSB-2) , runs from Fremont and Warm Springs through central San Jose. It is heavily used for freight service, and as a result, it is unlikely that it can be used for passenger service. - 28 - The Northwestern Pacific (NWP) , a subsidiary of SP, has a branch line from Corte Madera in Marin County northward through Sonoma County to Mendocino County. The line is used infrequently for freight service by SP between Novato and Willits. Abandonment has been proposed from Novato to Corte Madera and also north of Novato. The right-of-way between Corte Madera and San Rafael segment has been purchased by the Golden Gate Bridge Highway and Transportation District, while the rest of the corridor is still under SP ownership. Many studies have been done on the NWP rail corridor and a wide range of transportation uses have been identified. Sonoma and Marin Counties have agreed to use the right-of-way for passenger rail service. Both counties have included acquisition of the NWP rail in their November transportation sales tax measures. Napa Valley corridor (Nap-1) in Napa County between Napa and St. Helena carries tourist services and limited freight services. The Sacramento Northern corridor (Sol-2) in Solano County runs from Collinsville north paralleling Route 113 to Vacaville and then south to Rockville. This line is principally owned by UP and small segments by the City of Fairfield. The segment in Collinsville is used by the California Rail Museum. It is unlikely that this right- of-way can be developed for passenger rail service. Four rail segments in San Francisco include: the F-Embarcadero segment (north of Market) (SF-1) , the Mission Bay/Embarcadero segment (SF-2) , the Bayshore/Third Street segment (SF-3) , and the Division street segment (SF-4) . The first two segments, the F-Embarcadero and the Mission Bay/Embarcadero are owned by the Port of San Francisco. The F-Embarcadero segment is abandoned, while a portion of the Mission Bay/Embarcadero segment is still being used by the Port of - - San Francisco. The second two segments, the Bayshore/Third Street segment and the Division Street segment are owned by the City of San Francisco, SP; AT&SF and by private owners. The Bayshore/Third Street segment is used to service the Port of San Francisco. The Division Street segment is used for some freight traffic, while other portions of it are abandoned. The F-Embarcadero segment and the Mission Bay/Embarcadero segment has been reviewed by Muni for use as a historic street car service connecting most of Market Street transit corridor and Fisherman' s Wharf. Muni has also considered using the Bay Shore/Third Street segment for light rail transit service. Muni considers the Division Street segment to have limited potential for either commuter use or for light rail service. L. San Mateo County Transit District (Samtrans) Samtrans is located in San Mateo County, which is a member of the Peninsula Corridor Study Joint Powers Board (JPB) , and is part of the MTC region. The JPB is currently negotiating with SP for the right- of-way between Fourth and Townsend in San Francisco and the Lick 29 - Junction in San Jose. The rail right-of-way is described further in the MTC inventory. M. Sacramento Area Council of Governments (SACOG) SACOG region includes four rail operators: SP, Union Pacific, Central California Traction Company, and Sacramento Regional Transit District. Southern Pacific's line from downtown Sacramento to Reno and the Martinez line goes from downtown Sacramento to Davis, are both being evaluated for components of the ACR 132 (Hannigan) rail study. Union Pacific Railway Company: The UP's Canyon line links the Marysville/Yuba City area with Sacramento and connects with Stockton. As such, it has the potential to be a commuter service line, providing the intensive freight service can be accommodated. The Canyon Line segment carries intensive freight service which could conflict. UP's Woodland branch links Woodland and Sacramento. Currently, a number of regular commuter bus routes serve Woodland to Sacramento. In the future, bus service could be replaced by commuter rail service. The UP Holland branch provides access from. the Yolo County Delta area. Sparse population limits this branch potential for commuter service in the foreseeable future. The Central California Traction Company: is jointly owned by the AT&SF, SP and UP. Each uses track rights through operating agreements with the CCT. -- The CCT operates 21 miles of railway. The CCT line intersects the SP Valley line. Because of this intersection, the CCT trackage is a strategic and potentially valuable piece of trackage that may be used for commuter service since it links the cities of Stockton and Sacramento on a single track line. The, Sacramento Regional Transit District (SRTD) is the principal provider of transit service within the Sacramento metropolitan area. SRTD operates a two,-tier system of commuter and general public mass transportation. The RT Metro light rail system is becoming an increasingly important part of SRTD's operation. SRTD has undertaken a system's planning study identifying the following alignments of new RT Metro corridors: SP rights-of-way from the Sacramento downtown area to Rocklin, Folsom, Elk Grove and Davis; UP rights-of-way from the downtown Sacramento to Elk Grove Boulevard; to the Sacramento/Sutter County line, and southwest to South Port in Yolo County; and the CCT right- of-way from Howe Avenue/Route 50 south-east to Grantline Road. E X H I B I T B 5. Transportation and Circulation Element _ There is one major deep water port in the county, the Port of Richmond, located in that city. In addition, there are several private ports or proprietary wharves, which serve large petroleum refineries and other industrial firms. PORTS AND PROPRIETARY WHARVES GOALS 5-M. To maintain the economic viability of the county's existing ports, wharves, and shipping lanes. PORTS AND PROPRIETARY WHARVES POLICIES 5-64. The continued use of existing ports and proprietary wharves shall be recognized and encouraged. 5-65. Water-oriented industrial uses which require deep water access shall be encouraged along the shoreline, while other industrial uses which could be, located on inland sites shall be discouraged. - 5-66. New or replacement proprietary wharfs shall be allowed adjacent to industrial use areas, as long as environmental safeguards are followed and public access to the shoreline is provided. - 5-67. The County shall advocate maintenance of deep water channels at a depth that keeps ocean vessel use viable from San Francisco to the Concord Naval Weapons Station. 5-68. The Concord.Naval Weapons-Station deep water port should be utilized for private port use if the property ever becomes excess government property. _ .. 1 PORTS AND PROPRIETARY WHARVES IMPLEMENTATION MEASURES 5-ar. The County shall continue to work with the Bay Conservation Development Commission, ` the State Lands Commission, and other appropriate agencies to ensure adequate deep water access is provided to industries along the county's shoreline. 5-as. The deep water site at Selby should be reserved for a water-related industrial use. 5.12 RAILROADS INTRODUCTION There are four railroad lines which currently carry freight within Contra ,Costa County. The Southern Pacific railroad line, now owned by the Denver and Rio Grande Western, stretches 60 miles from Richmond to the.Alameda County line near Clifton Court Forebay. The SP line is a - 90111 5-42 l ' 5. Transportation and Circulation Element high speed double track between Richmond and Martinez, and carries by far the most freight traffic of all the railroad corridors in the County. From Martinez, the SP track splits, with one track crossing the river to carry freight up the Sacramento Valley to the northwestern U.S., and one track continuing through Antioch, Brentwood, Byron and into the San Joaquin Valley and points south. The 5.5 mile long Atchison, Topeka and Santa Fe (ATSF) railroad corridor roughly parallels the SP line between Richmond and Hercules, where it then turns inland through rural Franklin Canyon running south of Route 4 to the industrial areas east of Martinez. From there it again closely parallels the SP (and Sacramento Northern/Umon Pacific) tracks as it passes through Pittsburg and Antioch, and then through Oakley and across the Delta to Stockton. Five daily AMTRAK passenger trains operate on the SP tracks between Richmond and Pittsburg, and on the ATSF tracks between Pittsburg and the San Joaquin County line. Two smaller freight lines operate in the county. Union Pacific controls the subsidiary Sacramento Northern line from Clyde to Pittsburg, and the Bay Point and Clayton rail line serves the Concord Naval Weapons Station. The other major railroad corridor in the county, the SP tracks running north-south between Concord and through the San Ramon Valley to the Alameda County line, was abandoned in the 1960s and has been largely acquired by the County. All these lines are directly involved with the economic vitality of the county, since numerous industries depend on the rail movement of heavy goods such as oil and chemical products, coal, lumber, and automobiles, as well as containerized cargo. The importance of railroad lines is further increased by the growing ridership of intercity passenger trains serving the County, and future plans for urban, commuter, and intercity rail passenger service to provide alternatives to the region's t freeway congestion. It is possible, however, that all or portions of these rail lines may be declared unprofitable by their parent companies in the future. As such, a formal petition may be filed with the Interstate Commerce Commission asking permission to abandon the corridors and sell them. This plan, thus, needs to consider alternative land uses for the corridors in the event of any s d abandonment. f 90111 5-43 5. Transportation and Circulation Element RAILROADS GOALS 5-N. To protect the existing railroad rights-of-way in the county for continued railroad use, utility corridors, roads, transit facilities, trails and other public purposes. RAILROADS POLICIES 5-69. Railroad rights-of-way shall generally be designated for Public/ Semi-Public uses to reflect their importance to the County's economy. 5-70. Encroachments into railroad rights-of-way by urban uses which would impact current rail operations or preclude future use of the corridors for trails or other public purposes shall be limited. 5-71. Trails shall be considered an appropriate interim use of an abandoned railroad right-of- way. 5-72. Encroachment of unsuitable land uses adjacent to abandoned railroad right-of-way shall be prevented where such uses would conflict with future uses of the right-of-way identified in the Land Use, and Transportation and Circulation Elements. 5-73. The Southern Pacific right of way south of Rudgear Road should be limited to utility and non-motorized transportation use only. RAILROADS IMPLEMENTATION MEASURES 5-at. Implement County Ordinance #87-19, entitled "Railroad Corridor Combining District", in a fashion which protects the integrity of the existing corridors. 5-au. If railroad right-of-ways are abandoned by railroad service, work toward acquisition.of the right-of-ways for trail development, utilities corridors, transit and for other public purposes.- 5-ay. urposes.5-ay. If railroad uses ate to be abandoned, initiate a general plan revision study to determine the best long term use of the right-of-ways. " 5-aw. Upon notification of an action to abandon a rail line, initiate a committee of affected jurisdictions to help determine the long term use of the rail corridor. 90111 5-44