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 and Capital Management Division RAFAEL SAUCEDO, Chief Engineering Technician Public Works Department, Special Projects and Capital Management Division SUBJECT ..Title Actions pertaining to agreements with State of California Department of Transportation (Caltrans) (Council Districts 1, 2, and 3) 1. Approve the revised State Route 99 Freeway Maintenance Agreement 2. Approve the Non-Vehicular Overcrossing Maintenance Agreement ..Body RECOMMENDATION Staff recommend City Council 1) approve the revised Freeway Maintenance Agreement for State Route 99; 2) approve the Non-Vehicular Overcrossing Maintenance Agreement; and 3) authorize the City Manager, or designee, to execute these agreements. EXECUTIVE SUMMARY The City of Fresno (City) and Caltrans mutually desire to clarify and define respective maintenance responsibilities along the State Route 99 within the City of Fresno limits. This updated maintenance agreement incorporates portions of the freeway corridor that have been realigned due to the California High- Speed Rail and the Veterans Boulevard Interchange. The Freeway Maintenance Agreement includes roles and responsibilities for the City and Caltrans that are consistent with other freeway maintenance agreements. BACKGROUND The State of California (Caltrans) declared State Highway Route 99 (SR 99) a freeway by Resolution of the California Highway Commission on July 20, 1944, May 19, 1949 and August 21, 1956. The City of Fresno entered into a Freeway Agreement with Caltrans for SR 99 from Inyo Street to Thorne Avenue and from Belmont Avenue to West Avenue on January 13, 1966. Caltrans and the County of Fresno (County) entered into a supplemental Freeway Agreement on October 28, 1952, for a portion of SR 99 between Thorne (Tehama) Street to Belmont Avenue and from West Avenue to Clinton Avenue. The City subsequently annexed certain areas including portions of freeway covered in the Caltrans and County Freeway Agreement dated October 28, 1952. Caltrans and the County entered into a supplemental Freeway Agreement on July 26, 1960, for a portion of SR 99 between Clinton Avenue to the Fresno-Madera County Line. The City subsequently annexed certain areas including portions of freeway covered in the Caltrans and County Freeway Agreement dated July 26, 1960. The City entered into a Freeway Agreement with Caltrans for SR 99 from El Dorado Street to 0.9 miles south of Herndon Avenue on June 6, 2013. The City entered into a Freeway Agreement with Caltrans for SR 99 from 0.3 mile north of West Shaw Avenue to 0.9 mile south of Herndon Avenue on October 3, 2013. This Freeway Maintenance Agreement will supersede the Freeway Maintenance Agreement dated May 27,1992. The Freeway Maintenance Agreement will clarify and define respective maintenance responsibilities along SR 99 within the City limits. Further, this agreement does not create any new responsibilities for the City other than the potential new pedestrian overcrossing between Parkway Drive and Roeding Park should it be constructed. The City Council approved Resolution 2026-22 authorizing the submission of Grant Application to the Office of Secretary, US Department of Transportation for the 2026 Better Utilizing Investments to Leverage Development (BUILD) Program for the Roeding Park Pedestrian Overcrossing. Caltrans has agreed to the location and requires the City to enter into a Non-Vehicular Overcrossing Maintenance Agreement to clarify and define respective maintenance responsibilities for the Roeding Park Pedestrian Overcrossing. The City Attorney's Office has reviewed and approved both the Freeway Maintenance Agreement and Non-Vehicular Overcrossing Maintenance Agreement as to form. ENVIRONMENTAL FINDINGS By the definition provide in the California Environmental Quality Act (CEQA) Guidelines Section 15378 this item does not qualify as a "project." LOCAL PREFERENCE Local Preference was not implemented as this item does not involve the bid or award of a construction or services contract. FISCAL IMPACT State Route 99 is located within Council Districts 1, 2, and 3 and this Freeway Maintenance Agreement and Non-Vehicular Overcrossing Maintenance Agreement will not impact the City's General Fund. Funds for the City's maintenance responsibility will be utilized from Gas Tax and Measure C Street Maintenance Fund. Attachments: Freeway Maintenance Agreement Non-Vehicular Overcrossing Maintenance Agreement Current Freeway Maintenance Agreement (dated May 27, 1992) Current Freeway Agreement (dated April 20, 2023)