Conclusions of Law

1. The proposed improvement of the at-grade crossing at Morada Lane should be approved.

2. The existing at-grade crossing at McAllen Road should be closed.

3. The proposed crossing protection and warning devices are adequate for the projected traffic.

4. The Commission should adopt the findings of the Notice of Determination filed by the City that the proposed crossing project is a necessary mitigation measure to the Morada Lane Project.

5. There is no need for an evidentiary hearing.

6. The application should be granted and closed, as set forth in the following order.

ORDER

IT IS ORDERED that:

1. The City of Stockton (City) is authorized to improve the existing at-grade highway-rail crossing over tracks owned by the Union Pacific Railroad Company (UPRR) at Morada Lane, and to close the existing at-grade crossing at McAllen Road over these same tracks.

2. The Commission identification number for the Morada lane crossing is 001D-96-60.

3. Crossing warning devices shall conform to Commission's General Order (GO) 75-C.

4. Clearances at the crossing shall be in accordance with GO 26-D.

5. Walkways shall conform to GO 118. During construction, walkways adjacent to any rail operations shall be maintained free of obstructions and shall be promptly restored to their original condition in the event of any damage caused by the construction.

6. Pavement construction shall conform to GO 72-B.

7. All costs associated with the construction of the proposed crossing shall be the responsibility of the City, unless otherwise agreed by the UPRR.

8. The crossing shall be adequately maintained and within 30 days of the effective date of this order, the City and the UPRR shall enter into a written agreement on the apportionment of maintenance costs and responsibilities for the crossing named above.

9. Prior to construction, the City shall file with the Commission's Consumer Protection and Safety Division (Staff), final construction plans and a copy of the written maintenance cost apportionment agreement between the City and UPRR.

10. This authorization shall expire if not exercised within two years unless the Commission grants an extension. The authorization may be revoked or modified if public safety, convenience or necessity so requires.

11. Within 30 days after completion of the authorized construction, the City shall submit a completed Commission Form G (Report of Changes at Highway Grade Crossings and Separations) to Staff.

12. The application is granted, as set forth.

13. Application 05-09-020 is closed.

This order is effective today.

Dated June 15, 2006, at San Francisco, California.

MICHAEL R. PEEVEY

                    President

GEOFFREY F. BROWN
DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

Commissioners

ATTACHMENT

SERVICE LIST - A.05-09-020

James B. Giottonini Kenneth L. Koss

Director of Public Works Administrative Law Judge

City of Stockton California Public Utilities Commission

425 N. El Dorado St. 505 Van Ness Ave

Stockton, CA 95202 San Francisco, CA 94102

Gordon Mackay Richard Clark, Director

Deputy Public Works Director Consumer Protection & Safety Division

City of Stockton California Public Utilities Commission

425 N. El Dorado St. 505 Van Ness Ave

Stockton, CA 95202 San Francisco, Ca 94102

Linda Vaisa

California Public Utilities Commission 320 W. 4^th St., Ste. 500

Los Angeles, CA 90013

Interested Parties:

Carol A. Harris, Esq.

Union Pacific Railroad Co

49 Stevenson St., Suite 1050

San Francisco, CA 94105

(END OF ATTACHMENT )