REPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: HARMANJIT DHALIWAL, PE, Assistant Director
Public Works Department, Special Projects & Capital Management Division
FABIOLA LOPEZ, Projects Administrator
Public Works Department, Special Projects & Capital Management Division
SUBJECT
Title
Approve Amendment No. 4 to Measure “C” Cooperative Project Agreement, Grade Separation Program, for the Blackstone & McKinley BNSF Grade Separation Project, in the amount of $8,000,000.00, for a total increased agreement amount not to exceed $66,500,000.00, with the Fresno County Transportation Authority (Council Districts 1 and 7).
Body
RECOMMENDATION
Staff recommends the City Council approve Amendment No. 4 to Measure “C” Cooperative Project Agreement, Grade Separation Program (GSP), for the Blackstone & McKinley BNSF Grade Separation Project, in the amount of $8,000,000, for a total increased agreement amount not to exceed $66,500,000, with the Fresno County Transportation Authority (FCTA), and authorize the Public Works Director or designee to sign the amendment on behalf of the City of Fresno.
EXECUTIVE SUMMARY
The Blackstone and McKinley BNSF Grade Separation Project will eliminate two existing at-grade crossings by grade separating North Blackstone Avenue and East McKinley Avenue under the BNSF Mainline Track. The preliminary engineering phase of the project is in progress, with the 90% design package currently being developed. The right of way phase of the project started in January 2022 and is currently in the right of way acquisition stage. On October 10, 2024, the Council authorized staff to apply to the State of California’s competitive Local Partnership Program (LPP) for up to $25 million in construction funding for the project. In June 2025, the City received notification that the project would not be awarded the additional LPP grant funding. Staff has been working to secure additional project funds and undertake value engineering where possible.
Public Works staff, with the support of FCTA, has determined a fourth amendment to the Measure “C” Cooperative Project Agreement, Grade Separation Program (GSP), for the Blackstone & McKinley BNSF Grade Separation Project, in the amount of $8,000,000, for a total increased agreement amount not to exceed $66,500,000, will be necessary to continue the preliminary engineering and right of way phases. This additional $8,000,000 in revenue resides with the FCTA in the Measure C Grade Separation Program and is not eligible for any other projects. The Blackstone and McKinley project is funded with Measure “C” GSP funds, Local Partnership Program (LPP) Formulaic grant funds, and by Transit and Intercity Rail Capital Program (TIRCP) grant funds. Council approval of the amendment is required in advance of the item being placed on the FCTA October Board meeting.
BACKGROUND
The City has long-planned for future grade separations at locations with high traffic volumes, such as the BNSF crossing at Shaw Avenue, which was grade-separated nearly 20 years ago. In the early 1970s, the City prepared a grade separation study, including many citywide locations, such as Blackstone Avenue and McKinley Avenue. In FY2020, staff completed an update of the Blackstone Avenue and McKinley Avenue Grade Separation Feasibility Study.
The Blackstone Avenue and McKinley Avenue corridors serve as primary routes for the community, as well as the City’s Bus Rapid Transit system and emergency vehicles. They are also part of the Blackstone Smart Mobility Plan, which provides Class IV protected bicycle facilities along Blackstone Avenue through the project area. The project location has experienced the highest traffic volumes and number of accidents at any at-grade crossing on the BNSF corridor. The project will eliminate two existing at-grade crossings by grade separating North Blackstone Avenue and East McKinley Avenue under the BNSF Mainline Track. The City is progressing through the preliminary engineering and right of way phases of the project. All project costs for the preliminary engineering phase will be paid by Measure “C” GSP funds. All project costs for the right of way phase will be paid by Measure “C” GSP funds and LPP Formulaic grant funds. The project’s construction phase will be funded with Measure “C” GSP funds and by TIRCP grant funds.
The 2006 Measure “C” Expenditure Plan included a percentage of the transportation sales tax revenue to be dedicated to Rail Consolidation, which was then converted by the FCTA Board to the Measure “C” Grade Separation Program in April 2020. At their April 22, 2020 meeting, the FCTA Board also selected the Blackstone & McKinley BNSF Grade Separation Project as the highest priority project and approved a Cooperative Project Agreement. The Cooperative Project Agreement was later approved by City Council on June 25, 2020.
On April 8, 2021, the Fresno City Council authorized the Public Works Director to sign Amendment No. 1 to the Cooperative Project Agreement with FCTA to begin preliminary right of way efforts. On May 26, 2022 the Fresno City Council authorized the execution of Amendment No. 2 to the Cooperative Project Agreement with FCTA to continue right of way efforts. On September 12, 2024, the Fresno City Council authorized the execution of Amendment No. 3 to the Cooperative Project Agreement with FCTA to further continue the right of way efforts. The project design and property acquisition activities are currently ongoing. The City, with the support of FCTA, desires to amend the Cooperative Project Agreement in the amount of $8,000,000, for a total increased agreement amount not to exceed $66,500,000, to allow the project to proceed further toward completion of the preliminary engineering and right of way phases and to authorize the Public Works Director or designee to sign on behalf of the City of Fresno.
The City Attorney’s Office has reviewed and approved the amendment as to form.
ENVIRONMENTAL FINDINGS
This Project was found to be statutorily exempt by Fresno City Council on June 25, 2020, pursuant to California Public Resources Code Section 21080.13(a) and 15282(g) of the California Environmental Quality Act (CEQA) Guidelines. This Project will eliminate two railroad crossings and grade separate North Blackstone Avenue and East McKinley Avenue under the BNSF Mainline Track. A Notice of Exemption was recorded with the Fresno County Clerk on July 30, 2020. The statute of limitations for challenges to this exemption has run pursuant to CEQA Guideline Section 15062(d).
LOCAL PREFERENCE
Local preference was not implemented because this item does not include a bid for or award of a construction or services contract.
FISCAL IMPACT
The Blackstone & McKinley BNSF Grade Separation Project is within Council Districts 1 and 7. This request will have no impact to the General Fund. All project costs for the preliminary engineering phase will be paid by Measure “C” GSP funds. All project costs for the right of way phase will be paid by Measure “C” GSP funds and LPP Formulaic grant funds. The project construction phase will be funded with Measure “C” GSP funds and by TIRCP grant funds.
Attachments:
Amendment No. 4 to Cooperative Project Agreement
Amendment No. 3 to Cooperative Project Agreement
Amendment No. 2 to Cooperative Project Agreement
Amendment No. 1 to Cooperative Project Agreement
Cooperative Project Agreement
Vicinity Map