Agenda Report
Fullerton City Council
MEETING DATE: JUly 21, 2026
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: stephen Bise, p.e., public works director PREPARED BY: DAvid Grantham, p.e., city engineer
Todd P. Le, p.e. Principal water engineer
Juilio Venegas, p.e., sENIOR civil engineer
SUBJECT: agreement with BNSF railway FOR water pipeline license
SUMMARY
Request to approve a Water Pipeline License Agreement with BNSF Railway to install a water pipeline crossing under a railroad crossing on Acacia Avenue, north of Kimberly Avenue.
PROPOSED MOTION
Authorize Public Works Director, or designee, to execute Water Pipeline License Agreement with BNSF Railway, in a form approved by the City Attorney.
ALTERNATIVE OPTIONS
Decline the agreement
Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
None.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Infrastructure and City Assets.
FISCAL IMPACT
The Water Enterprise Fund (Fund 44) has sufficient funds to cover the costs associated with Pipeline License Agreement which include a one-time $7,800 license fee paid to BNSF Railway. In addition, the City / contractor would need to maintain a $1,266 BNSF Railway Blanket Railroad Protective Liability Insurance Policy during pipeline construction and reimburse all construction costs and expenses incurred by BNSF Railway. Orange County Water District (OCWD) would pay all costs related to the pipeline construction, less the license fee, within BNSF right-of-way.
DISCUSSION
The City, in partnership with Orange County Water District (OCWD), plans to construct a water pipeline from Well 10 (located at 1091 East Rosslynn Avenue) to Well Kim 2 (located on Kimberly Avenue between Acacia Avenue and State College Boulevard). This pipeline would connect to a Per- and Polyfluoroalkyl Substances (PFAS) treatment plant at Well Kim 2 to treat and remove PFAS from the water produced by Well 10.
The pipeline alignment would need to cross a BNSF Railway crossing on Acacia Avenue, north of Kimberly Avenue, with the pipeline license agreement allowing construction and future pipeline operation under the BNSF Railway right-of-way.
Attachments:
Attachment 1 – Pipeline License Agreement
Attachment 2 – Well 10 Pipeline Site Plan
cc: City Manager Eddie Manfro
Water Pipeline License Agreement on Acacia Avenue with BNSF Railway July 21, 2026 - Page 2