HomeMy WebLinkAbout2026-87 - BNSF Railway Company - Second Amendment to Grade Crossing Construction and Maintenance Agreement for the Bayshore Bikeway Segment 5 and Connections Project RESOLUTION NO. 2026 - 87
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO GRADE
CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT WITH BNSF RAILWAY
COMPANY FOR THE BAYSHORE BIKEWAY SEGMENT 5 AND CONNECTIONS PROJECT,
CIP NO. 19-24.
WHEREAS, the Bayshore Bikeway Segment 5 and Connections Project, CIP No. 19-24
("Project"), will add nearly 1.5 miles of protected bicycle facilities along Harbor Drive, McKinley
Avenue, W. 23rd Street, and Marina Way in the City of National City("City"), as well as a dedicated
pedestrian and bicycle pathway on 19th Street under the 1-5 overpass, providing safer
connections for vulnerable roadway users between the Westside Neighborhood and the Bayshore
Bikeway; and
WHEREAS, the bike lane alignment for the Project encroached on parcels owned or
controlled by entities other than the City — San Diego Gas & Electric Company, BNSF Railway
Company, the San Diego Metropolitan Transit System, and the San Diego Unified Port District—
and required permission from and individual agreements with each entity; and
WHEREAS, on June 20, 2023, the City Council adopted Resolution No. 2023-80
approving agreements with BNSF Railway Company ("BNSF") related to the Project, including a
Grade Crossing Construction and Maintenance (the "Agreement"); and
WHEREAS, the Agreement granted the City the right to install certain Project
improvements on two BNSF properties located along Harbor Drive, north of Civic Center Drive,
and along Bay Marina Drive, west of Cleveland Avenue; and
WHEREAS, on September 29, 2025, City and BNSF entered into a First Amendment to
the Agreement, extending the temporary non-exclusive license granted by BNSF to City for
construction of the Project; and
WHEREAS, after completing further review of the Project scope to identify cost reductions,
the City realigned the bicycle facilities along Bay Marina Drive, resulting in removal of the
encroachment on BNSF property; and
WHEREAS, a second amendment to the Agreement is necessary to reflect the revised
scope of the Agreement, removing the BNSF crossings along Bay Marina Drive and updating the
BNSF cost estimate, reducing costs by narrowing the BNSF scope of work associated with those
crossings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the City Council hereby authorizes the City Manager, or their
designee, to execute the Second Amendment to Grade Crossing Construction and Maintenance
Agreement with BNSF Railway Company for the Bayshore Bikeway Segment 5 and Connections
project, CIP No.19-24, attached to the Agenda Report as Exhibit A, and authorizes the City
Manager, or their designee, to execute future amendments to the Grade Crossing Construction
and Maintenance Agreement or related easement agreements with BNSF Railway Company.
Section 2: That the City Clerk shall certify the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED and ADOPTED this 30th day of June 026.
Ro orrison, Mayor
ATTEST:
Shel ey C el, MMC, City Clerk
APPROVED AS TO FORM:
Heidi Skinner, City Attorney
Passed and adopted by the City Council of the City of National City, California, on June
30, 2026 by the following roll-call vote, to-wit:
Ayes: Yamane, Bush, Molina, Morrison
Nays: None.
Absent: Rodriguez
Recused: None.
AUTHENTICATED BY: Ron Morrison
Mayor of the City of National City, California
6a\a
*0 Shelley Chapel
cii f City Clerk of the City of National City, California
OF��F BY:
Shelley Chapel, MMC, City Clerk