REPORT TO THE CITY COUNCIL FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: JILL M. GORMLEY, TE, Assistant Director Public Works Department, Traffic & Engineering Services Division JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Traffic & Engineering Services Division SUBJECT ..Title RESOLUTION - Dedicating public utility easements on portions of City-owned properties, to accommodate the public utility relocation associated with the Blackstone McKinley BNSF Grade Separation Project (Council Districts 1 and 7) ..Body RECOMMENDATION Staff recommends the Council adopt the resolution dedicating a portion of those City-owned properties for public utility easement purposes, to accommodate the public utility facility relocation associated with the Blackstone McKinley BNSF Grade Separation Project. EXECUTIVE SUMMARY The Blackstone McKinley BNSF Grade Separation Project ("Project") includes acquisition of residential and commercial properties. Three of these properties (Assessor's Parcel Numbers 446-231-08T, 446-231-10T, and 446-231-11T) are located at the northeast quadrant of North Blackstone Avenue and East McKinley Avenue, between East University Avenue and East Peralta Avenue. The project will require the relocation of existing public utility facilities onto these three City-owned properties to accommodate the removal of two at-grade crossings and the construction of the underpass for the Project. The proposed public utility easement deeds are listed as Exhibits 1, 2 and 3, respectively on the attached resolution. BACKGROUND The Blackstone Avenue and McKinley Avenue corridors serve as primary routes for the community, the City's Bus Rapid Transit system, emergency vehicles, and is also part of the Blackstone Smart Mobility Plan providing Class IV protected bicycle facilities along Blackstone Avenue through the Project area. The Project location has experienced 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 has purchased several residential and commercial properties to accommodate the construction of this project. The existing public utility facilities in the construction area will need to be relocated onto three of the City-owned properties for their continued use on this project and for the surrounding area. Public utility easements will be needed to allow these facilities to remain on City-owned properties. The City Attorney's Office has approved the attached resolution 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. The Notice of Exemption was thereafter 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). This project will eliminate two railroad crossings and grade separate North Blackstone Avenue and East McKinley Avenue under the BNSF mainline track. LOCAL PREFERENCE Local preference does not apply because the vacation of a public utility easement does not involve bidding or contracting. FISCAL IMPACT The proposed Project is within Council Districts 1 and 7. These acquisitions will have no impact to the General Fund. All project costs for the right of way phase are funded with Measure C and California Local Partnership Program Formulaic grant funds. All funds necessary for the acquisition are included in the current fiscal year budget as previously adopted by the City Council. Attachments: Resolution Vicinity Map Location Map