REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director - Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: Scott p. sehm, PE, Assistant Director
Capital Projects Department, Design Services Division
AUSTIN M. BAIN, PE, Licensed Professional Engineer
Capital Projects Department, Transportation Project Management Division
SUBJECT
Title
***RESOLUTION - Adopting the 60th Amendment to the Annual Appropriation Resolution No. 2024-122 appropriating $14,389,200 for right-of-way acquisition for the Blackstone and McKinley Grade Separation Project. (Requires 5 Affirmative Votes) (Subject to Mayor’s Veto)
Body
RECOMMENDATION
Staff recommends the City Council adopt the 60th Amendment to the Annual Appropriation Resolution (AAR) No. 2024-122 appropriating $14,389,200.00 for right-of-way acquisition for the Blackstone and McKinley Grade Separation Project (Project) (Council Districts 1 and 7).
EXECUTIVE SUMMARY
The City has been successfully progressing with the right-of-way acquisitions for the Blackstone and McKinley Grade Separation Project. Due to the right-of-way acquisition team having made more progress this fiscal year than had been anticipated, staff is requesting for the Council to appropriate the balance of right-of-way funds that are available to the City through the project cooperative agreement with the Fresno County Transportation Authority. Adoption of the amendment to the Annual Appropriations Resolution will authorize staff to expend the remaining $14,389,200 in Measure C Grade Separation Program funds, for a total appropriated amount of $48,213,900 for right-of-way acquisition work for FY2025. Approval of the recommended action will enable the project right-of-way activities to continue moving forward for the remainder of the current fiscal year without delay.
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 that considered many locations citywide, including the at-grade crossings near the Blackstone Avenue and McKinley Avenue intersection. In FY2020, staff completed an update of the Blackstone Avenue and McKinley Avenue Grade Separation Feasibility Study.
The Blackstone Avenue and McKinley Avenue corridors are primary travel routes for the community, serving not only businesses along both streets but also students and faculty from both Fresno City College and Fresno High School, as well as emergency and other public service vehicles. In addition, Blackstone Avenue is a primary route for the Bus Rapid Transit (BRT) system, and the Blackstone Smart Mobility Plan will provide Class IV protected bicycle facilities along Blackstone Avenue through the Blackstone and McKinley Grade Separation Project (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 right-of-way phase will be paid by Measure C Grade Separation Program funds and Local Partnership Program Formulaic 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 Fresno County Transportation Authority (FCTA) Board to the Measure C Grade Separation Program in April 2020. At their April 22, 2020, meeting, the FCTA Board also selected the 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, City Council authorized the Department of Public Works to sign Amendment No. 1 to the Cooperative Project Agreement with FCTA to begin preliminary right of way efforts. On May 26, 2022, City Council authorized the Department of Public Works to sign Amendment No. 2 to the Cooperative Project Agreement with FCTA to continue right of way efforts. On September 12, 2024, City Council authorized the Department of Public Works to sign Amendment No. 3 to the Cooperative Project Agreement with FCTA to continue preliminary engineering and right of way efforts.
The current fiscal year appropriation for the right-of-way phase of the Project is $33,824,600 as adopted with the AAR No. 2024-122.
Due to the significant amount of progress made on the right-of-way acquisitions, the City now desires to amend the AAR No. 2024-122 with the 60th amendment in the amount of $14,389,200 for a total increased project right-of-way appropriated amount of $48,213,900 to allow the Project’s right-of-way acquisition progress to continue. Detailed adjustments are in the Amendment to the AAR attached.
ENVIRONMENTAL FINDINGS
In 2020, the City determined that the Blackstone Avenue & McKinley Avenue BNSF Grade Separation Project is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to California CEQA Guidelines section 15282(g). This contract amendment does not create an exception to the exemption. Therefore, no further CEQA compliance action is necessary.
LOCAL PREFERENCE
Local preference was not considered because this item does not include a bid for or award of a construction or services contract.
FISCAL IMPACT
The Project is within Council Districts 1 and 7. This request will have no impact to the General Fund. All project costs for the right-of-way phase will be paid by Measure C Grade Separation Program funds and Local Partnership Program Formulaic grant funds. Adoption of the 60th Amendment to AAR No. 2024-122 will provide the necessary appropriations to continue progress on right-of-way acquisitions for the project.
Attachment:
60th Amendment to the AAR No. 2024-122