Porterville City Council
May 3, 2022

City Council Agenda May 3, 2022

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MAY 3, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville - City Council Meeting of May 3, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83609250202?pwd=ZktqMjZqQXNlTWlHNWtWY0IwZGFHQT09 Or via Telephone: 1-669-900-6833 Webinar ID: 836 0925 0202 Passcode: 606535 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville Peace Officers Association, Public Safety Support Unit, Porterville City Employees Association, Porterville City Firefighters Association, Fire Officer Series, and all unrepresented management employees.

2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 248-043-018, 248-043-016, 248-043-015, 248-043-014.

Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Invia Investments, LLC. Under Negotiation: Terms and Price.
3 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 248-044-002, 248-034-024, 248-021-025, 248-021-026, 248- 021-027. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and James Gregory Shelton. Under Negotiation: Terms and Price.

City Council Agenda May 3, 2022

4 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN:253-050-081 and 253-050-090. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and James Gregory Shelton. Under Negotiation: Terms and Price.
5 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 253-160-064, 253-160-065, 253-160-068, 253-160-069, 253- 160-070, 261-125-018 and 261-125-020. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and James Gregory Shelton. Under Negotiation: Terms and Price. 6 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 261-130-004. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Cornerstone Main Partners II, L.P. Under Negotiation: Terms and Price.

7 - Government Code Section 54956.95 – Liability Claim: Claimant: Salvador Garcia. Agency claimed against: City of Porterville.

8 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Nine (9) cases in which facts are not yet known to potential plaintiff.

9 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Tate
Invocation

PRESENTATIONS
Retirement of Officer Locke's K9 Partner, "Jace"
Retirement of Officer Holt's K9 partner, "Jasper"
Employee of Month

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. 1 - Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - April 18, 2022
City Council Agenda May 3, 2022

2 - Tulare County Homeless Task Force - April 20, 2022
3 - San Joaquin Valley Air Pollution Control District (SJVAPCD) Board - April 21, 2022
4 - Tulare County Economic Development Corporation (TCEDC) - April 27, 2022 5 - City Internal Audit Committee - April 27, 2022
6 - Eagle Mountain Casino Relocation Committee - April 28, 2022 7 - Cal Cities Policy Committee - April 28, 2022
8 - Arbor Day - April 29, 2022

REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.

I. Staff Informational Reports
Street Performance Measure Quarterly Report FY 2021-2022 (January - March 2022) Building Permit Activity Quarterly Report FY 2021-22 (January - March 2022) Charitable Car Washes Quarterly Report Calendar Year 2022 OHV Park Quarterly Report FY 2021-2022 (January - March 2022) Golf Course Quarterly Report FY 2021-2022 (January - March 2022) Code Enforcement Quarterly Report FY 2021-2022 (January - March 2022) City Council Member Appointments Attendance Quarterly Report FY 2021-2022 (January - March 2022)
City Commission and Committee Attendance Quarterly Report FY 2021-2022 (January - March 2022)

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Authorization to Purchase Police Department Ammunition Re: Consideration to authorize the purchase of Police Department ammunition from Dooley Enterprises, Inc. and San Diego Police Equipment Co. Inc. in the amount of $17,859.73.

2. Authorize the Sale of Retired Police Service Dog "Jasper" and the Purchase of Police Service Dogs and Associated Training
Re: Consider approval of the sale of "Jasper" and the security kennel to Officer Anthony Holt for the amount of $1.00; and authority to enter into an agreement with Top Dog Training Center for the purchase of two police service dogs and related training for the amount of $28,491.25.

City Council Agenda May 3, 2022

3. Renovation of Police Department Facility Corridor Walls Re: Consider to authorize staff to enter into an agreement with Sequoia Painting, LLC for the removal of material lining the interior walls, to include refinishing and painting of affected areas, at a cost of $12,404.68 including a ten percent (10%) contingency for potential unforeseen costs.

4. Authorization to Purchase a Copy Machine for the Temporary Library Re: Consider authorization of the purchase of a copy machine for the temporary library from California Buisness Machines utilizing fire insurance funds in the amount of $8,939.00, plus the applicable sales tax.

5. Authorization to Purchase an Outside Book Drop for the Temporary Library Re: Consider approval of the purchase of an outside book drop for the temporary library from Demco utilizing fire insurance funds in the amount of $5,304.38, plus the applicable sales tax.

6. CVIN/Vast Network Connection at Temporary Library
Re: Consider authorizing staff to initiate work to be contracted through the San Joaquin Valley Library System for the temporary library facility located at 50 West Olive Suite B; and authorize staff to process San Joaquin Valley Library System billing utilizing fire insurance funds.

7. Authorization to Advertise for Bids - Drilling Phase of Well No. 34 Project Re: Consideration of the council to accept Staff's recommended Plans and Project Manual; and authorize staff to advertise for bids on the Drilling Phase of Well No. 34 Project generally located north of the Porter Slough to the west of the Windsor Court Subdivision.

8. Application for State Off-Highway Vehicle Grant Funds Re: Consider adoption of a draft Resolution approving the application for State-Off Highway Vehicle Grant Funds.

9. Authorization to Apply for Active Transportation Program (ATP) Grant Funds Re: Considering authorization to apply for Cycle 6 ATP grant funds for improvements to existing bike and pedestrian facilities in the community.

10. Approval of Addendum No. 1 to Agreement with Porterville Unified School District Concerning the YES Program
Re: Consider approval of Addendum No. 1 to the Agreement concerning updates to job classifications for operational personnel in the YES Program.

11. Renewal of Airport Lease Agreement - Lot No. 45
Re: Consider approval of the extension of the Lease Agreement between the City of Porterville and Aircraft 445, LLC for Lot No. 45 at the Porterville Municipal Airport for a term of ten (10) years.

12. Transportation Art Maintenance Agreement with Caltrans for Westwood Street and State Route 190 Roundabout
Re: Consider approval of the draft Transportation Art Maintenance Agreement with the California Department of Transportation.

13. Intent to Set a Public Hearing to Transition to Phase III of the City's Water Conservation Plan
City Council Agenda May 3, 2022

Re: Consider approval to schedule a Public Hearing on May 17, 2022, to consider the transition from Phase IV to Phase III of the City's Water Conservation Plan.

14. Consideration of Sierra Valley Tentative Subdivision Map Extension Re: Consider adoption of the draft Resolution approving the 24-month extension for the Sierra Valley Tentative Subdivision Map.

15. West Putnam School Grant Deed of Dedication
Re: Consider acceptance of the Grant Deed of Dedication from Porterville Unified School District for a three-foot dedication along the southern frontage of West Putnam Elementary School adjacent to Thurman Avenue.

16. Acceptance of a Deed of Easement from the United States Department of Agriculture Forest Service - Henrahan Street
Re: Consideration of the council to accept the street easement from the United States Department of Agriculture Forest Service for a five-foot street easement along the eastern property line of the new Forestry Service development at the corner of East Morton Avenue and North Henrahan Street.

17. Financial Status Reports
Re: Consideration of the City Council to accept the Financial Status Reports.

18. Quarterly Investment Portfolio
Re: Consideration of the council to accept the quarterly Investment Portfolio Summary Report.

19. Community Civic Event - Tulare County Junior Livestock Show and Community Fair - Porterville Fair - May 11-15, 2022
Re: Consider approval of the Community Civic Event application from the Tulare County Jr, Livestock Show and Community Fair, to hold the Porterville Fair from May 11th to May 15, 2022, located at the City's ten (10) acre site next to the fairgrounds during the annual Porterville Fair at 2600 W. Teapot Dome Avenue.

20. Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
Re: Consider adoption of a draft Resolution consistent with AB 361 to continue to allow remote attendance at public meetings.

21. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible

PUBLIC HEARINGS

22. Consideration of Mitigated Negative Declaration for Union Avenue Reconstruction Project
Re: Consider approval of the draft Resolution approving the Mitigated Negative Declaration of Environmental Impact for the Union Avenue Reconstruction Project generally located between Indiana and Jaye Streets, approximately one-half mile in length.

City Council Agenda May 3, 2022

SCHEDULED MATTERS

23. Fallen Heroes Memorial Wall
Re: Consideration to adopt the draft Fallen Heroes Memorial Wall Policy.

24. 2022 KJUG Free Summer Concert Series
Re: Consider approval of City sponsorship of the 2022 KJUG Free Summer Concert Series with concert dates proposed for May 26, June 7 and June 21, 2022, at an expense of $6,750.

25. Authorization To Obtain a Confidential Issuer Credit Rating from S&P's Global Ratings
Re: Consideration of a draft Resolution to authorize obtaining a confidential issuer credit rating from S&P's Global Ratings for a fee of $15,000, including ongoing annual surveillance, for likely future capital project financing.

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of May 17th, 2022
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Street Performance Measure Quarterly Report FY 2021-2022 (January - March 2022)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide City Council with an update on progress made on street reconstruction, overlay, micro-surfacing, and pothole repair efforts for the third quarter of FY 2021-2022 (January - March 2022). For Council's information, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews focused mainly on overlay and pothole repair efforts during the third quarter of this reporting period. Main Street reconstruction (Olive Avenue to Morton Avenue), Newcomb Street reconstruction (Olive Avenue to Porter Slough), Villa Street reconstruction (Olive Avenue to Westfield Avenue), Henderson Avenue rehabilitation (Westwood Street to Patsy Street), Union Avenue reconstruction (Indiana Street to Jaye Street), Morton Avenue reconstruction (Westwood Street to Plano Street), Grand Avenue (Fourth Street to Plano Street) and Henrahan Street (Grand Avenue to Morton Avenue) reconstruction, Montgomery Avenue reconstruction (Jaye Street to H Street), and Date Avenue (Jaye Street to H Street) and Kessing Street (Date Avenue to River Avenue) widening are all under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Streets Performance Measure Quarterly Report (January - March 2022)
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2021-2022\2021-2022 Level of Service Progress Report 3rd quarter.xls

CITY OF PORTERVILLE
2021/2022 Level of Service Report 3rd QUARTER REPORT - July 1, 2021 - March 31, 2022 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 21/22: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 300 LF of Overlayed Streets
(Length represents street lanes)
1200 LF3600 LF6000 LF8400 LF
10800 LF13200 LF15600 LF
18000 LF20400 LF22800 LF25200 LF27600 LF30000 LF
Total FY 21/22: 39,424 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 21/22: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 21/22: 61,037 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 03/31/2022
3rd QUARTER REPORT - July 1, 2021 - March 31, 2022
CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Building Permit Activity Quarterly Report FY 2021-22 (January - March 2022) SOURCE: Engineering and Project Management
COMMENT:

Building Permit Activity – 3rd Quarter Report (January, February, March) The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of January, February and March 2022. The two main categories include new residential permits issued and new commercial permits issued.
3rd Quarter of FY 2021/2022 compared to 3rd Quarter of FY 2020/2021 New residential permits issued during the 3rd quarter of 2021/22 (22) showed a

15.38% decrease from the 3rd quarter of 2020/21 (26). New commercial permits issued during the 3rd quarter of 2021/22 (3) showed a 50% increase from the 3rd quarter of 2020/21 (2).

Year-to-Date (July 2021 to March 2022)
New residential permits issued this fiscal year (92) are down 2.1% compared to the same period last fiscal year (94). New commercial permits issued this fiscal year (9) are up 125% from the 3rd quarter of 2020/21 (4).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Activity Report - January 2022

2. Building Activity Report - February 2022

3. Building Activity Report - March 2022
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE - BUILDING DIVISION

REPORT FOR THE PERIODS OF
7/1/2020 - 1/31/2021 AND
7/1/2021 - 1/31/2022

PERMIT NUMBER OF PERMITS ISSUED ACTUAL VALUATION OF PERMITS ISSUED BUILDING FEES TOTALS FOR PERMITS ISSUED

JANUARY
2022

JANUARY
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE

JANUARY
2022

LAST YEAR

TO DATE

THIS YEAR

TO DATE

JANUARY
2021

JANUARY
2022

JANUARY
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE
NEW
RESID
7 6 77 74 1,705,179 1,403,712 36,014,011 16,089,155 14,784.93 12,693.23 204,495.75 165,812.97 NEW
COMM
0 0 6 2 0 0 4,751,000 3,750,000 0.00 0.00 34,053.87 9,137.60 RESID
IMROV
9 8 56 64 161,500 138,070 986,653 644,205 5,279.70 3,805.50 29,109.95 21,336.04 COMM
IMPROV
0 0 0 0 0 0 0 0 0.00 0.00 0.00 0.00
OTHER 34 13 192 238 746,664 196,118 3,968,299 3,431,857 9,167.05 4,404.77 52,548.25 60,009.45 ELECT 46 38 393 251 803,383 653,809 7,341,687 6,757,249 9,173.00 7,300.00 79,514.00 48,208.00 PLUMB 36 59 502 408 178,367 62,706 1,207,547 657,202 5,588.00 8,503.00 75,337.00 58,700.00 TOTALS 132 124 1,226 1,037 3,595,093 2,454,415 54,269,197 31,329,668 43,992.68 36,706.50 475,058.82 363,204.06

NEW DWELLING UNITS TOTALS

JANUARY
2022

JANUARY
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE
SINGLE
FAMILY
7 6 74 70
MULTI
FAMILY
0 0 81 11
TOTAL 7 6 155 81 CHIEF BUILDING OFFICIAL

CITY OF PORTERVILLE - BUILDING DIVISION

REPORT FOR THE PERIODS OF
7/1/2020 - 2/28/2021 AND
7/1/2021 - 2/28/2022

PERMIT NUMBER OF PERMITS ISSUED ACTUAL VALUATION OF PERMITS ISSUED BUILDING FEES TOTALS FOR PERMITS ISSUED

FEBRUARY
2022

FEBRUARY
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE

FEBRUARY
2022

LAST YEAR

TO DATE

THIS YEAR

TO DATE

FEBRUARY
2021

FEBRUARY
2022

FEBRUARY
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE
NEW
RESID
9 5 86 79 2,145,710 977,482 38,159,721 17,066,637 17,967.68 10,602.26 222,463.43 176,415.23 NEW
COMM
0 2 6 4 0 3,156,542 4,751,000 6,906,542 0.00 5,453.18 34,053.87 14,590.78 RESID
IMROV
4 13 60 77 33,954 173,017 1,020,606 817,222 1,900.76 8,159.78 31,010.71 29,495.82 COMM
IMPROV
0 0 0 0 0 0 0 0 0.00 0.00 0.00 0.00
OTHER 23 34 215 272 634,762 437,313 4,603,061 3,869,170 6,585.01 8,507.00 59,133.26 68,516.45 ELECT 41 45 434 296 785,948 705,138 8,127,636 7,462,387 7,989.00 9,541.00 87,503.00 57,749.00 PLUMB 37 50 539 458 153,692 81,204 1,361,239 738,406 5,244.00 6,545.00 80,581.00 65,245.00 TOTALS 114 149 1,340 1,186 3,754,067 5,530,696 58,023,264 36,860,363 39,686.45 48,808.22 514,745.27 412,012.28

NEW DWELLING UNITS TOTALS

FEBRUARY
2022

FEBRUARY
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE
SINGLE
FAMILY
9 5 83 75
MULTI
FAMILY
0 0 81 11
TOTAL 9 5 164 86 CHIEF BUILDING OFFICIAL

CITY OF PORTERVILLE - BUILDING DIVISION

REPORT FOR THE PERIODS OF
7/1/2020 - 3/31/2021 AND
7/1/2021 - 3/31/2022

PERMIT NUMBER OF PERMITS ISSUED ACTUAL VALUATION OF PERMITS ISSUED BUILDING FEES TOTALS FOR PERMITS ISSUED MARCH
2022
MARCH
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE
MARCH
2022

LAST YEAR

TO DATE

THIS YEAR

TO DATE
MARCH
2021
MARCH
2022
MARCH
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE
NEW
RESID
6 15 92 94 1,339,650 3,850,524 39,499,371 20,917,161 12,428.47 30,816.79 234,891.90 207,232.02 NEW
COMM
3 0 9 4 600,000 0 5,351,000 6,906,542 1,676.10 0.00 35,729.97 14,590.78 RESID
IMROV
6 5 66 82 57,450 61,600 1,078,056 878,822 1,596.00 1,895.51 32,606.71 31,391.33 COMM
IMPROV
0 0 0 0 0 0 0 0 0.00 0.00 0.00 0.00
OTHER 40 37 255 309 809,797 562,275 5,412,858 4,431,445 9,831.00 8,094.35 68,964.26 76,610.80 ELECT 69 79 503 375 1,656,529 1,460,039 9,784,165 8,922,426 14,225.00 15,730.00 101,728.00 73,479.00 PLUMB 33 48 572 506 113,969 78,443 1,475,209 816,849 4,214.00 6,882.00 84,795.00 72,127.00 TOTALS 157 184 1,497 1,370 4,577,395 6,012,881 62,600,659 42,873,245 43,970.57 63,418.65 558,715.84 475,430.93

NEW DWELLING UNITS TOTALS
MARCH
2022
MARCH
2021

THIS YEAR

TO DATE

LAST YEAR

TO DATE
SINGLE
FAMILY
6 15 89 90
MULTI
FAMILY
0 0 81 11
TOTAL 6 15 170 101 CHIEF BUILDING OFFICIAL
ARTICLE VI. CHARITABLE CAR WASH PERMIT PROCEDURE
SECTION:
15-70: Definitions
15-71: Permit Required For Charitable Car Wash
15-72: Application For Permit
15-73: Issuance And Form Of Permit
15-74: Term Of Permit
15-75: Nontransferability Of Permit
15-76: Manner Of Car Wash
15-77: Fundraising As A Business
15-78: Revocation Of Permit
15-79: Violations
15-80: Car Washing As A Business
15-70: DEFINITIONS:

For purposes of this article, the following definitions shall apply:

APPLICANT: A member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.

CHARITABLE: Benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.

CHARITABLE CAR WASH: A temporary vehicle washing operation conducted by members of a charitable organization for organization fundraising purposes. It shall not be deemed to include the operation of an authorized permanent vehicle washing business or service station authorized to wash vehicles on its premises, although a car wash, as defined above, may be conducted on such premises.

CHARITABLE ORGANIZATION: Means and includes an organization which is a duly organized governmental or not for profit charitable, religious, civic, patriotic or community service organization; and the organization must have a tax exempt identification number assigned to it.

PERMIT HOLDER: The charitable organization who has been granted a permit pursuant to this article for the purpose of conducting a charitable car wash.

PERSON: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS OR RELIGION: Has the meaning established by the supreme court of the state or the supreme court of the United States.

RESIDENTIAL PROPERTY: A building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 1669 § 1, 6-21-2005) 15-71: PERMIT REQUIRED FOR CHARITABLE CAR WASH:

A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this article.

B. The permit application shall include a written application to sponsor the charitable car wash by the owner or lessee of the property upon which the car wash is to be held.

C. The car wash permit issued under this article to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash. (Ord. 1669 § 1, 6-21-2005)
15-72: APPLICATION FOR PERMIT:

A. Applications for charitable car wash permits shall be made to the finance department upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the finance department not less than five (5) consecutive business days prior to the time at which the applicant wishes to conduct said car wash.

B. A nonrefundable application fee an amount to be set by resolution shall be paid by the applicant. The application fee shall be based solely upon the administrative costs in processing the application and issuing the permits.

C. Such applications shall contain the following information and documentation:

1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any.

2. The name and address of the sponsor, with a statement by the sponsor that he/she is the owner or lessee of the property where the car wash is to be held or is an employee or agent of the owner or lessee who has been delegated control of the premises by the owner or lessee, and that the sponsor assumes all liability regarding the car wash.

3. The full name and address of the person or persons who will be in charge of conducting the car wash.

The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time.

4. The time when such car wash will be held, including preferred date and hours of the day for commencement and termination of the car wash.

5. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the charitable organization by the city or any department or officer thereof.

6. Proof evidencing that the permit holder is a bona fide charitable organization.

7. The number of car washes that have been held by the charitable organization in that particular calendar year, and the number of car washes that have been held at that particular location in that particular calendar year.

8. Such supplemental information requested by the finance department as the finance department may require. The finance department may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the finance director in writing thereof prior to five o'clock (5:00) P.M. the day before such change.

E. The application documents shall be available for public inspection. (Ord. 1669 § 1, 6-21-2005) 15-73: ISSUANCE AND FORM OF PERMIT:

A. The finance department shall issue the permit, unless it finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so.

2. The applicant has not provided the information required by this article and fails to provide the missing information after being requested to do so.

3. The application indicates that the proposed car wash will violate any of the requirements of this article and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.

4. The number of charitable car washes by the charitable organization applying for said permit exceeds four (4) in a calendar year, or the number of charitable car washes held at a particular location exceeds four (4) per calendar year. The location requirement shall not pertain to licensed commercial car washes.

5. The applicant has violated any of the provisions of this article within one year of the date the application is submitted, resulting in the imposition of a fine or the revocation of a prior permit.

B. Nothing set forth in this article shall be construed as granting to the finance department or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this article.

C. The finance department shall either issue or deny the requested permit within two (2) consecutive business days after the date the application is made. In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the finance department fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall include the following information:

1. The name and address of the permit holder;

2. The date for which the permit is valid;

3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;

4. A permit number; and

5. The signature of the finance director or his/her designee. (Ord. 1669 § 1, 6-21-2005) 15-74: TERM OF PERMIT:

Permits issued under this article shall be valid only for the date specified in the application for the car wash and as stated on the permit. (Ord. 1669 § 1, 6-21-2005)
15-75: NONTRANSFERABILITY OF PERMIT:

No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall be void. (Ord. 1669 § 1, 6-21-2005)
15-76: MANNER OF CAR WASH:

A. Car washes held pursuant to permits under this article:

1. Shall take place between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.

2. Shall be conducted for a one day period only.

3. Shall not be conducted by any person under the age of sixteen (16) years, unless supervised by an adult.

4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only.

5. Shall be conducted in an area zoned for commercial uses; and such location shall have a means of collecting the wash water and shall discharge the water to the city sewer collection system.

6. Shall use biodegradable soaps or detergents, and shall not violate any of the provisions of chapter 25 of this code, concerning wastewater discharge requirements.

7. Shall have a means in place to limit wastewater or runoff such as pistol grip nozzle or similar apparatus affixed to each garden hose or water source.

8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right of way, including, but not limited to, sidewalks, traffic islands, driveways or the like as to endanger that individual or others.

9. Shall not be conducted at any commercial property which has held four (4) prior car washes in the calendar year (excluding licensed commercial car wash locations).

10. Shall take place at a distance of more than twenty five feet (25') from the street curb, or from the near edge of the travel lane or lanes of any uncurbed street or road.

11. Shall utilize temporary signs, if any signs are utilized, in compliance with the city's applicable regulations concerning temporary signs.

12. Shall not be conducted by a charitable organization which has held four (4) prior car washes in the calendar year. Four (4) applications per tax exempt identification number, and four (4) permits per tax exempt identification number, will be allowed in the calendar year.

B. It is unlawful for a "permit holder", as defined herein, to:

1. Refuse to provide their name and a copy of the permit issued under this article, if requested by city representatives.

2. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent.

3. Misrepresent that the charitable car wash permit issued under this article is an endorsement by the city, or any department or employee thereof, of the charitable car wash. (Ord. 1669 § 1, 6-21-2005) 15-77: FUNDRAISING AS A BUSINESS:

An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, must comply with this article. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to this article. (Ord. 1669 § 1, 6-21-2005) 15-78: REVOCATION OF PERMIT:

Any violation of this article by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this article. Upon determination by an authorized representative of the city that a car wash is being conducted without a valid permit or in violation of the requirements of this article, said unlawful activity shall cease immediately, and all persons associated with said car wash shall be dispersed within one hour after the giving of said notice. Failure or refusal by the charitable organization and/or the owner/sponsor to cause a car wash in violation of these regulations to cease operations, after receiving such notification from the city official, shall constitute a separate violation of this article. Furthermore, any organization that violates this article shall be ineligible for the issuance of a permit for a period of one year. (Ord. 1669 § 1, 6-21-2005) 15-79: VIOLATIONS:

Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts a car wash as provided in this article without procuring the permit as required under this article or who fails to comply with the conditions of this article shall be guilty of an infraction punishable by:

A. A fine not exceeding one hundred dollars ($100.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 1669 § 1, 6-21-2005)
15-80: CAR WASHING AS A BUSINESS:

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord. 1669 § 1, 6-21-2005) CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: OHV Park Quarterly Report FY 2021-2022 (January - March 2022) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report of ridership participation at the Porterville OHV Park for informational purposes. The report reflects the third quarter of Fiscal Year 2021/2022.

RECOMMENDATION: Informational Only
ATTACHMENTS: 1. OHV Park Quarterly Report (January - March 2022) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Jan-21 Jan-22 Feb-21 Feb-22 Mar-21 Mar-22
Riders 300 160 255 308 95 112
Revenue $6,740.00 $3,620.00 $5,465.00 $7,040.00 $1,845.00 $2,690.00 Days Open 13 11 13 10 7 5
Porterville OHV Ridership
CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Golf Course Quarterly Report FY 2021-2022 (January - March 2022) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report of participation at the Porterville Golf Course for informational purposes. The report reflects the third quarter of Fiscal Year 2021/2022.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Golf Course Quarterly Report (January - March 2022) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Jan-21 Jan-22 Feb-21 Feb-22 Mar-21 Mar-22
Golfers 2423 2195 2179 2219 2796 2455
Repeat 9/Twilight 1314 1350 1325 1327 1653 1533
Tickets Used 1001 829 783 860 997 908
Passes Sold 32 28 31 35 34 31
Carts 1730 935 1579 878 2140 1063
Total $ 18,650.00 $ 20,845.00 $ 17,232.00 $20,843.00 $ 22,364.00 $ 23,249.00 Jan-21 Jan-22 Feb-21 Feb-22 Mar-21 Mar-22
18-hole adult 0 0 0 0 0 2
18-hole youth 0 0 0 0 0 0
Cart rental 0 0 0 0 0 0
Ball rental 0 0 0 0 0 0
Party 0 0 0 0 0 0
Total $ - $ - $ - $ - $ - $ 20.00
GRAND TOTAL $18,650.00 $20,845.00 $17,232.00 $20,843.00 $22,364.00 $23,269.00 * Repeat 9: Additional 9 rounds after first 9
* Twilight: Afternoon discount rate
* Tickets: Surcharge with monthly play pass $1.00 9-hole, $2.00 18-hole * Passes: Monthly Passes sold

PORTERVILLE GOLF COURSE STATISTICS

FOOTGOLF
CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Code Enforcement Quarterly Report FY 2021-2022 (January - March 2022) SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between January 1 and March 31, 2022.

During the 3rd quarter of fiscal year 2021/2022, each Department of the City contributed towards recording 486 code enforcement issues. Of these, 334 were corrected and 152 were continued into the 4th quarter of 2021/2022 for additional corrective action. The Code Enforcement Division issued eighteen (18) Administrative Citations.

At its meeting on July 20, 2021, the City Council reviewed its Ordinance related to the parking and storing of recreational vehicles, boats, and trailers.

During the past quarter, Code Enforcement received nine complaints specific to recreational vehicles, boats, and trailers, of which two had been completed at the time of this report.

RECOMMENDATION:

ATTACHMENTS: 1. Code Enforcement Quarterly Report (January - March 2022)
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
Code Enforcement Report, Quarter 3, FY 21-22
Q3 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 12 12 100.00% $100 45 10 13 $6,800 Animals- barking dogs 15 15 100.00% $200 7 3 2 $2,400
Animals- keeping too many or unauthorized species 4 4 100.00% $500 25 6 2 $16,500 Animals- roosters 2 2 100.00% $1,000 3 0 0 $3,000
Building Department/ Permits 19 2 10.53% $2,500 40 0 1 $102,500 Business License Inquiries 2 0 0.00% FY 21-22 Total Assesment 120 19 18 $131,200 CEO, Business License 4 4 100.00%
CEO, Shopping Carts 35 35 100.00% Shopping Carts Q1 Q2 Q3 Q4 Total CEO, Sign Removal 19 19 100.00% Collected 29 17 87 133
Code Enforcement, General 15 8 53.33% Disposed (Lbs.) 940 0 0 940 Community Development, General or MULTIPLE violations 11 0 0.00% Engineering 3 1 33.33% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Fences and freestanding walls 1 0 0.00% Voluntary Abatement 13 25 26 64 Fire Hazard 1 1 100.00% Certified Voluntary Abatement 0 0 0 0 Fire Lane Blocked 1 1 100.00% Towed 5 14 7 26
Fireworks 1 1 100.00% Total Vehicles Abated 18 39 33 90 Garbage Collection/ Illegal Dumping 8 1 12.50%
Graffiti 4 4 100.00%
Health Hazard 2 0 0.00% Weed Abatement Q1 Q2 Q3 Q4 Total Housing Issue (Structure Related) 1 0 0.00% Properties Noticed 10 0 1679 1689 Itinerant Vendor, Solicitor, Peddler 21 21 100.00% Completed by Owner 12 0 21 33 Landscaping/trees- private property 8 0 0.00% Assigned to Contractor (private) 6 0 0 6 Meter Request 84 44 52.38% Assigned to Contractor (city owned) 6 3 1 10 Neglected property/trash & debris 15 2 13.33% Completed by Contractor 12 3 1 16 Noise Complaint 2 2 100.00% Admin Citations 14 0 0 14
Outdoor Storage 5 1 20.00%
Parking Issue 3 3 100.00%
Parks 1 1 100.00%
Police/ Traffic Enforcement 30 30 100.00%
Potholes 20 19 95.00%
Refuse Can Replacement / Repair 11 11 100.00%
Refuse Tracking 1 1 100.00%
Report Leak 26 18 69.23%
Sidewalk Condition 5 2 40.00%
Signs- Temporary 1 0 0.00%
Stop Light Issue 8 8 100.00%
Street Sweeping 1 1 100.00%
Transit Department 2 0 0.00%
Vehicles- inoperable vehicles 16 11 68.75%
Vehicles- Parked on lawn 2 1 50.00%
Vehicles- RVs/boats/etc 9 2 22.22%
Water Waste 5 3 60.00%
Water Waste Admin Cite 4 4 100.00%
Water Waste NOV 13 13 100.00%
Weed Abatement 28 21 75.00%
Yard Sales, Frequent 5 5 100.00%
Q3 Total 486 334 64.69%
CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: City Council Member Appointments Attendance Quarterly Report FY 2021- 2022 (January - March 2022)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed staff to prepare a quarterly report on Council Member attendance at meetings of boards to which Council Members were appointed. This report represents attendance at meetings during the third quarter of FY 2021-2022 (January through March, 2022).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Quarterly Report (January 1, 2022 through February 15, 2022)

2. Quarterly Report (February 16, 2022 through March 31, 2022)
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Committee/Board Member/Alternate JANUARY FEBRUARY
Ad Hoc Committee- COVID-19 Monte Reyes-Member 2/8 P
Kellie Carrillo - Member 2/8 P
Ad Hoc Committee - Proposition 64 Monte Reyes - Member
Regulation of Marijuana Lawana Tate-Member
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Lawana Tate - Member
Council of Cities Martha Flores - Member
Milt Stowe - Member
Eastern Tule Groundwater Monte Reyes - Member
Sustainability Agency JPA (ETGSA) Michael Knight-Alternate 1/6 P 2/3 P Internal City Audit Committee Martha Flores - Member 1/6 P 2/3 P Kellie Carrillo - Member 1/6 P 2/3 P
Joint City/School District Committee Milt Stowe-Member
Kellie Carrillo-Member
Lawana Tate - Member 2/2 P
Claudia Calderon -Alternate
Monte Reyes - Member 1/21 P
Milt Stowe - Member 1/21 P
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Air Pollution Control Monte Reyes - Member 1/20 A District ("SJVAPCD") Board
San Joaquin Valley Special City Selection Milt Stowe - Member Committee Monte Reyes - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member 1/21 P Martha Flores - Member 1/24 P
Milt Stowe - Alternate
Martha Flores - Member 1/20 P
Tulare County City Selection Mayor (Pro Tem) - City Member 1/19 P Committee Designee - Alternate
Martha Flores - Member 1/26 P
John Lollis - Alternate
Monte Reyes - Member 1/10 P, 1/24 P
Milt Stowe - Alternate
Tulare County Taskforce on Homelessness Martha Flores - Member 1/19 P Claudia Calderon - Alternate
Tule River Improvement JPA Monte Reyes - Member 1/10 P
Michael Knight-Alternate
P = Present A = Absent
From 1/1/22 through 2/15/22 (Council Reorganization took place 2/15/22) Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee
(LINC)
City Council Attendance - FY 2021-2022 Third Quarter Report Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development
Corporation (TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments
(TCAG) - Sustainable Corridors Committee
Committee/Board Member/Alternate FEBRUARY MARCH
Ad Hoc Committee- COVID-19 Kellie Carrillo-Member 3/8 P,3/30 P Lawana Tate - Member 3/8 P,3/30 P
Ad Hoc Committee - Proposition 64 Monte Reyes - Member 2/23 P Regulation of Marijuana Lawana Tate-Member 2/23 P
Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 2/17 P Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Lawana Tate - Member
Council of Cities Martha Flores - Member 3/16 P
Milt Stowe - Member 3/16 P
Eastern Tule Groundwater Monte Reyes - Member 3/3 P
Sustainability Agency JPA (ETGSA) Michael Knight-Alternate Internal City Audit Committee Martha Flores - Member 3/3 P Kellie Carrillo - Member 3/3 P
Joint City/School District Committee Milt Stowe-Member
Kellie Carrillo-Member
Lawana Tate - Member 3/2 P
Claudia Calderon -Alternate
Mighty190 Committee Kellie Carrillo - Member 2/16 P
Lawana Tate - Member 2/16 P
Monte Reyes - Member 2/25 P 3/18 P
Milt Stowe - Member 2/25 P 3/18 P
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Air Pollution Control Monte Reyes - Member 2/17 P 3/17 P District ("SJVAPCD") Board
San Joaquin Valley Special City Selection Milt Stowe - Member Committee Monte Reyes - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member Martha Flores - Member 2/25 P, 2/28 P 3/21 P
Milt Stowe - Alternate
Martha Flores - Member
Tulare County City Selection Mayor (Pro Tem) - City Member 3/16 P Committee Designee - Alternate
Martha Flores - Member 2/23 P 3/23 P
John Lollis - Alternate
Monte Reyes - Member
Milt Stowe - Alternate 2/28 P
Martha Flores - Mayor Pro Tem
Tulare County Taskforce on Homelessness Martha Flores - Member 2/16 P 3/16 P Claudia Calderon - Alternate
Tule River Improvement JPA Monte Reyes - Member
Michael Knight-Alternate
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development
Corporation (TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments
(TCAG) - Sustainable Corridors Committee
City Council Attendance - FY 2021-2022 Third Quarter Report From 2/16/22 through 3/31/22 (Council Reorganization took place 2/15/22) Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee
(LINC)
CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: City Commission and Committee Attendance Quarterly Report FY 2021-2022 (January - March 2022)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information the attendance reports as of the Third Quarter FY 2021-22 for the following City Commissions and Committees:
 Animal Control Commission
 Arts Commission
 Library & Literacy Commission
 Parks & Leisure Services Commission
 Transactions & Use Tax Oversight Committee
 CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. Library & Literacy Commission

4. Parks & Leisure Services Commission

5. Transactions and Use Tax Oversight Committee

6. CDBG Advisory and Housing Opportunities Committee
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Animal Control Commission 31-Mar-22
Attendance Records
2021 2021 2021 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr Notes:

Florenza Pizanis * * * * * *
Jerry Hall * * * * * *
Kathy Guinn * * * * * *
Kat Harris * * * * * *
Art Duron * * * * * *
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2021 2021 2021 2021
Mar Apr May June July Aug Sept Notes:

Florenza Pizanis P P ** ** P
Jerry Hall P A ** ** A
Kathy Guinn P P ** ** P
Kat Harris P P ** ** P
Art Duron A A ** ** P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2020 2020 2020 2020 2020 2021 2021
Aug Sept Oct Nov Dec Jan Feb Notes:

Florenza Pizanis
Jerry Hall
Kathy Guinn
Kat Harris
Vacant
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2020 2020 2020 2020 2020 2020 2020
14-Jan 25-Feb 11-Mar Apr May June July Notes:

Florenza Pizanis P P A
Jerry Hall P A P
Kathy Guinn P P P
Kat Harris A P P
Vacant
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2019 2019 2019 2019 2019 2019 2019
10-Jun 8-Jul 12-Aug 9-Sep 14-Oct 11-Nov 9-Dec Notes:

Florenza Pizanis * P A P P ** **
Valerie Simonich * P PP A ** **
Jerry Hall * A P P A ** **
Kathy Guinn * P P A P ** **
Kat Harris P P ** **
No meetings held due to COVID.

No meetings held due to COVID.
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.

Arts Commission As of March 31, 2022
Attendance Records
2020 2021 2021 2021 2021 2022 2022 2022
Aug Sept Oct Nov Dec Jan Feb Mar
Kyree Perkins *P ** P *P P P P P
Emily Luna *P ** P *P P P P P
Diego Monterrubio *A ** A *A A A A A
Eden Santos *A ** P *A PP A A
Maria Menga ** P *A PP P P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2021 2021 2021
Dec Jan Feb Mar Apr May June July
Vacant **
Kyree Perkins *P *P *A **
Emily Luna *P *P *A **
Diego Monterrubio *A *A *A **
Eden Santos *A *A *P **
(Student) vacancy **
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2020 2020 2020 2020 2020 2020 2020
April May June July Aug Sept Oct Nov
Vacant
Kyree Perkins
Emily Luna
Diego Monterrubio
David Mason
(Student) vacancy
2019 2019 2019 2019 2019 2020 2020 2020
28-Aug 25-Sep 23-Oct 27-Nov 25-Dec 22-Jan 4-Mar 24-Mar
Donna Serna A* ** A ** ** ** **
Kyree Perkins P* ** P ** ** ** P **
Emily Luna P* ** P ** ** ** P **
Diego Monterrubio A* ** A ** ** ** **
David Mason P ** ** ** P **
(Student) vacancy
* No meeting due to lack of quorum.
** Meeting Cancelled
No meetings held due to COVID-19.

No meetings held due to COVID.

LIBRARY & LITERACY COMMISSION - Attendance Record As of March 31, 2022 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2021 2021 2021 2022 2022 2022 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr May June July
PPPPPP
PPPPPP
PPPPPP
PEPEPP
PPPPPP
PPPEPP
P
PPPPP
2020 2020 2020 2020 2021 2021 2021 2021 2021 2021
Jan Feb Mar Nov Feb May June July Aug Sept
P E P P P P ** P
P P P P P P ** P
P P P P P P ** P
P E P P P P ** P
P P P P P P ** P
P P P P P E ** P
P P P P P P ** E
2019 2019 2019 2019 2019 2019 2019 2019 2019 2019
Mar Apr May June July Aug Sept Oct Nov Dec

EEP PEPPP
P E E P P P P Resigned 11/19.

PPP APPPP
P P P P P E Resigned 11/19.

PPP PPPPP

EPE PEEPP

EEE PPPPP
P P Appointed 11/19.

P P Appointed 11/19.

P Appointed 12/19.
2018 2018 2018 2018 2018 2018 2018 2018 2019 2019
May June July Aug Sept Oct Nov Dec Jan Feb

P PPPPPPP

P PPPPPEP

P PEEPPPP

P PPPPPPP

P PPPEPPP

E EEEEPPE

P EEEPEPP
Leslie Pelon
Karen Stover
Catherine May
Esther Figueroa
Edith La Vonne
Patience Christenson
Kim Baumgardner
Susan Uptain
Kim Baumgardner
Leslie Pelon
Susan Uptain
Patience Christenson
Patience Christenson
Catherine May
Allan Bailey
Esther Figueroa
Tamara Bishop-Mitchell
Edith La Vonne
Jennifer Biagio
Catherine May
Allan Bailey
Esther Figueroa
Tamara Bishop-Mitchell
Edith La Vonne
Jennifer Biagio
Leslie Pelon
Patience Christenson
Kim Baumgardner
Susan Uptain
Catherine May
Esther Figueroa
Edith La Vonne
PARKS & LEISURE SERVICES COMMISSION 31-Mar-22

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2021 2021 2021 2021 2021 2021 2022 2022 2022 2022 2022 2022 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** ** P P P ** P E P
Diane Graybehl ** ** P P P ** P P P
Kieran Daly ** ** P P P ** A EP
** ** P P E ** P P P
** ** P P P ** P P P
** ** P P E ** P P P
** ** P P P ** P P P
** P P P ** A PP
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 2021 2021 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
Phillip Duncan ** P ** ** P ** ** A ** ** A E
Diane Graybehl ** P ** ** P ** ** P ** ** P E
Kieran Daly ** E ** ** P ** ** A ** ** E E
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2019 2019 2019 2019 2019 2019 2020 2020 2020 2020 2020 2020 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
** ** P P
** ** P P
** ** A A
** ** P P
** ** A P P P P P P
** ** P P P P E P P
** ** P E P P P P A
** ** P P P P P P P
P PPPP
P PPPE
P EPPP
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Janet Uresti
P = Present; E = Excused Absence; A = Absent; T = Tardy Rocco Calantone
Richard Rankin
Rachel Lucero
Carrol Land
Phillip Duncan
Diane Graybehl
Tom Fiormonti
Jason Gurrola
Kieran Daly
P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Jason Pommier
Arlene Pena
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee 31-Mar-22
Attendance Records
2020 2020 2021 2021 2021 2022
23-Sep 18-Nov 26-May 25-Aug 17-Nov 24-Feb
John Simonich PPPP A P Term expires 5/2022
Margaret Stinson PPPPPP Term expires 5/2024
Russell "Buck" Fletcher A PP A A A Term expires 5/2022
John Billiou PPPPPP Term expires 5/2022
Jerry Hall A P A A PP Term expires 5/2022
Janice Kovars PPPP A P Term expires 5/2024
Shawn Byars P A PPPP Term expires 5/2022
Joshua Sulier PPPPPP Term expires 5/2024
Angela Dennis PPPP Apptd 12/20; Term exp 5/2024
Vacant
* Meeting cancelled
2018 2019 2019 2019 2019 2019 2020
13-Nov 9-Jan 12-Feb 28-May 27-Aug 6-Nov 26-Feb
John Simonich A P A P A A*
Margaret Stinson PPPAPP *
Russell "Buck" Fletcher PPPPPP *
John Angell AAAPPP *
Mike Boudreaux Sr. A PPPPA *
Virginia Gurrola PPPA
John Billiou P P A PPP *
Jerry Hall PPPPPP *
Janice Kovars PPPPPP *
Shawn Byars PPPPPP *
Joshua Sulier P *
* Meeting cancelled
2017 2017 2017 2017 2018 2018 2018
28-Feb 23-May 29-Aug 14-Nov Feb 13* 10-May 28-Aug
John Simonich P AA PP A P
Margaret Stinson PPPPAPP
Kathleen "Kat" Harris PPPP A PP
Russell "Buck" Fletcher PAPAAPP
Titus Moore Resigned
Richard Stadtherr Appointment rescinded 2/21
John Angell P P A P A PP Appointed 2/7
Mike Boudreaux Sr. PPPPPPA Appointed 2/7
Jerry Claborn PPPPPP Term ended
Virginia Gurrola PPPPPPP Appointed 2/21
John Billiou A A A A P Appointed 7/17
Jerry Hall P Appointed 7/18
Janice Kovars P Appointed 7/18
* No meeting was held due to lack of quorum.

CDBG Citizens' Advisory and Housing Opportunity Committee As of March 31, 2022 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021 3/14/2022
Pat Contreras P P P
Linda Mendez P P P
Grace Munoz-Rios P
Doug Heusdens A A A
Rebecca Vigil A A P
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P A
Isabel Olmos P
Rebecca Contreras P
* No meeting was held due to COVID.

Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/27/2015 3/28/2016 3/1/2017 2/28/2018 2/26/2019 Pat Contreras P A P P P
Linda Mendez P A P P A
Grace Munoz-Rios P P P P P
Doug Heusdens P P P P A
Rebecca Vigil P P A P P
Kelle Jo Lowe P P P P P
Maria Gonzalez P A P P P
Year Originally Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/14/2011 3/12/2012 3/11/2013 3/10/2014 Pat Contreras 1988 P P P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P A
Doug Heusdens 2012 N/A P P P
John Dennis 1998 P P A P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P P P P
This Committee typically meets on an annual basis in February or March.

Item No. 1.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Authorization to Purchase Police Department Ammunition SOURCE: Police
COMMENT:

The Porterville Police Department has experienced significantly delayed deliveries of ammunition. This has impacted the Department's monthly range training and has required modification of range training in order to conserve ammunition. This has not impacted the range qualifications, but supplemental force training options are being used. In addition, the Department also sends personnel to training where ammunition stock must be provided for the required training. Due to the ongoing issue of ammunition supplies, staff has sought out two separate vendors who can meet the demand and supply ammunition in a timely manner.

Department staff have obtained quotes from Dooley Enterprises, Inc. and San Diego Police Equipment Co Inc. Staff recently ordered a limited quantity of ammunition from these vendors to meet immediate training needs and would like to continue utilizing said businesses for Department ammunition needs.

Due to the ongoing issue of supply/demand related to the manufacturing and distribution of ammunition, staff is requesting to initiate an ammunition purchase for the current fiscal year. This will ensure an adequate stock of ammunition at any given time to meet the Department's needs, even with the consideration of delivery delays. In addition, both Dooley Enterprises, Inc. and San Diego Police Equipment Co. Inc. can provide the requested amount of ammunition, with some delays in certain calibers anywhere from 6-12 months to fulfill the order.

Due to the national ammunition shortage and the immediacy of this purchase, quotes were only sought from the Department's current ammunition vendors.

Those quotes were as follows:

Dooley Enterprises, Inc.
$13,251.41
6-12 month backorder for 9mm 124gr. Full Metal Jacket.

San Diego Police Equipment Co. Inc.
$4,608.32
4-6 months back order for .223 62GR.

Item No. 1.
3-4 months back order for Federal HST 9MM 147GR
Based on the above information, the Department is requesting City Council approval to purchase ammunition from these vendors.

Funds are available in the Department's current operating budget.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of Police Department ammunition from Dooley Enterprises, Inc. and San Diego Police Equipment Co.

Inc. in the amount of $17,859.73 and;

2. Authorize payment to the vendor upon receipt of the listed ammunition.

ATTACHMENTS: 1. San Diego Police Equipment Co. Inc. Quote

2. Dooley Enterprises, Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
TO: SHIP TO:

AGENCY: ATTN:

PHONE:

FAX: PO / REF#:

EMAIL:

AUTH BY:

QTY UNIT ETA EXT. PRICE
8 CS/500 SPEER GOLD DOT .223 62GR GDSP 4-6 MONTHS $2,390.08

5 CS/1000 FEDERAL HST 9MM 147GR JHP 3-4 MONTHS $1,645.00

NOTES: $4,035.08
TAX% 0.09250 $373.24
$200.00
$4,608.32
NET 30
CCI-24445SP $298.76
QUOTE
[email protected]

JESUS GALLARDO
04/26/22
05/26/22
QUOTED BY: JEREMY STALEY
DATE:

EXPIRES:

TERMS:

TO PROCEED WITH ORDER AS QUOTED, PLEASE PROVIDE SHIPPING INFORMATION AND SIGN FORM FED-P9HST2 $329.00

UNIT PRICE
Phone: (858)974-8500 Toll Free: (800)367-8989 Fax: (858)974-8530 San Diego Police Equipment Co. Inc., 8205-A Ronson Road, San Diego CA 92111 E-mail: [email protected]
SUBTOTAL:

FREIGHT:

TOTAL:

ALL ORDERS MUST BE SUBMITTED IN WRITING

FOR DEPARTMENT PURCHASE ONLY

DESCRIPTION

PORTERVILLE POLICE DEPT
C: 559-788-7265 / O: 559-710-1520

PRODUCT CODE
QUOTE
DATE: 02/17/2022
PHONE: FAX:

NOTES:

PRICES ARE PER THOUSAND
Hi Jesus,
See above for the price quote requested and
call me if you have any questions.

Ammo is currently available and can be
shipped immediately after order finalization.

Thank you,
Veronica
Price Quote
Ship To:

Here are the requested prices:

SUBTOTAL:

TAX*: TAX
RATE:

TOTAL:

PORTERVILLE POLICE DEPT.

JESUS GALLARDO
350 NORTH D STREET
PORTERVILLE, CA 93257
(559) 782-7404 (559) 784-1070
$11,735.00
$1,085.49
$430.92
$13,251.41

9.250%
SHIPPING:

QUOTE #: 018473
Cust. ID #: 000443
PO# (if appl.)________________ Authorized By ____________________________ Name & Title ______________________________
TERMS: Net 30
Quote is for official department use only
Type: FET OUT - Agency
To proceed with order as quoted, please confirm the shipping details above, and sign & complete below:

Date ______________________

QUANTITY SYMBOL DESCRIPTION PRICE EXTENSION

5.000 USA40SWVP 40 S&W 165gr. Full Metal Jacket (value pack) $323.00 $1,615.00

20.000 W2231000 223 55 gr FMJ USA (1000 rd bulk pack) $438.00 $8,760.00

5.000 USA9MM 9mm 124gr. Full Metal Jacket $272.00 $1,360.00 $0.00 $0.00
$0.00 $0.00
Item No. 2.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Authorize the Sale of Retired Police Service Dog "Jasper" and the Purchase of Police Service Dogs and Associated Training
SOURCE: Police
COMMENT: On April 5, 2022, the City retired "Jace," one of the Police Department's police service dogs. The Department is currently operating with two police service dogs, leaving two of the Department's patrol shifts without an on-duty service dog.

Additionally, one of the current police service dogs, "Jasper," is now almost eight years old and has worked as a police service dog with two different handlers. This is approximately the standard work-life expectancy for a police service dog and "Jasper" is beginning to experience minor health issues related to his life as a police service dog.
"Jasper" has reached an age and health condition wherein service as a police service dog is not in the best interest of either the Department or "Jasper." These factors significantly increase his chances of being injured while on-duty as well as his chances of being physically impacted due to the Department's stringent training program. Also, there is an increasing potential that "Jasper" might not be able to perform at a peak level when needed. Because "Jasper" is no longer able to perform as a police service dog, the fair market value of "Jasper" is $1.00.

When a police service dog retires, the two options available are to either euthanize the animal or enter into a contract to sell it to a person who has advanced training and experience in handling police service dogs and who is willing to assume all liability for the animal upon the sale. Officer Anthony Holt is "Jasper's" handler and has a vast amount of experience of handling police service dogs and is willing to assume all liability for the animal. As such, he has requested to purchase "Jasper." In addition, the Department would also like to include the 10' x 10' security kennel which houses "Jasper." The kennel is familiar to the K-9 and would be used to secure "Jasper" when the handler is away.

In addition, in March of this year, one of the Department's K-9 handlers left to work for another law enforcement agency. This left a third vacancy within the Department K-9 Unit. The third K-9, "Neith" has been kenneled at Top Dog Training Center to await the selection of his new handler.

Item No. 2.

Top Dog Training Center is the Department's current police service dog vendor and trainer, and the only police service dog kennel in Tulare County that provides a selection of police service dogs and associated training for the needs of the Department. Top Dog Training Center supplies police service dogs to agencies throughout the State of California, including most agencies in Tulare County, and at a much lower expense than providers located outside of the area.

The Department's police service dog specialists recently visited the vendor to evaluate police service dogs and obtain pricing for two new police service dogs and associated training for three new handlers. The Department would like to enter into an agreement with Top Dog Training Center to acquire two police service dogs and necessary training for three dog handlers. With the addition of the two new K-9's, and with the additional training for "Neith's" new handler, the Department will have all four of its allocated canine teams in service.

This vendor provides a full guarantee against any congenital health defects for two years after the date of purchase and additionally guarantees the dog for nonhealth service-related problems for one year.

The total cost for the police service dogs and the related training is $28,491.25.

Funds for this purchase are available in the Department's donation account.

RECOMMENDATION: That the City Council:

1. Approve the sale of "Jasper" and the security kennel to Officer Anthony Holt for the amount of $1.00 and authorize the Mayor to execute the agreement for said sale; and

2. Approve the purchase of two new police service dogs and related training for three new canine handlers from Top Dog Training Center in the amount of $28,491.25, and authorize the Chief of Police to enter into an agreement with Top Dog Training Center to acquire said service dogs and training.

ATTACHMENTS: 1. Officer Holt K-9 Purchase Agreement

2. Top Dog Training Center Patrol K-9 Quote

3. Top Dog Training Center Patrol K-9 Training Quote

4. Top Dog Training Center Detection K-9 Quote

5. Top Dog Training Center K-9 Detection Training Quote Appropriated/Funded: JR for MB
Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE
CANINE (K-9) PURCHASE AGREEMENT
This Agreement between the City of Porterville (“City”) and Officer Anthony Holt (“Officer”) is made with reference to the following findings:

A. Officer is assigned to the Patrol Division which includes being a K-9 Handler.

B. Officer was, in conjunction with his assignment as a K-9 Handler, given the care, custody and control of a police dog named “Jasper” (“Dog”). Because of the extraordinary amount of time a handler spends with his canine partner, a strong mutual bond is developed between the handler and his canine. Furthermore, the Dog has been specially trained to assist officers in law enforcement tasks, and to respond to commands issued specifically by the Officer.

C. The average working life expectancy for a police service dog is five years. Jasper was purchased and has been in either training or working for this department for almost 6 years. Given the above factors, further service of the Dog to the City is of minimal monetary value.

D. Due to the findings in Sections A through C, the City desires to sell the Dog to the Officer, pursuant to the terms set forth herein.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. City hereby sells the Dog to the Officer for the sum of one dollar ($1.00). The City is also providing the Officer with the Dog’s kennel and carrier at no additional cost to Officer.

2. Officer agrees and hereby assumes ownership and full responsibility for the care, maintenance, securing, food, housing, medical needs and expenses, and any and all other expenses that result from or arise out of Officer’s ownership of the Dog. City shall have no further responsibility or liability for the Dog or Dog’s care. Officer understands that City has made no representations concerning the health or condition of the Dog and accepts the Dog “as is.” Officer acknowledges that any dog’s behavior is subject to change, including but limited to a change in personality, health, or character, and also including aggression, and therefore Officer hereby assumes all risk of any kind related to the actions or behavior of said Dog, including but not limited to acts of aggression. In acknowledgment of this, Officer hereby releases City from any liability for behavioral actions of the Dog or the direct or indirect consequences thereof.

3. To the fullest extent permitted by law, Officer agrees to hold harmless, indemnify and defend the City, its officers, employees, agents and volunteers, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation, arising out of Officer’s ownership or control of the Dog, or Dog or Officer’s actions with Dog outside the course and scope of employment, and including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City.

4. Officer gives up and waives any right he may have on behalf of himself and his heirs, assigns, and successors for any loss, injury, damage, claim, or liability arising out of or in any way related to Officer’s ownership and possession of the Dog.

5. This agreement constitutes the entire understanding of the parties and may only be amended by mutual written agreement executed by the parties.

Date: ___________________

OFFICER
________________________
Anthony Holt

CITY OF PORTERVILLE
_________________________
Martha Flores, Mayor

QUOTATION
Date: April 12, 2022
City of Porterville
Police Department
350 N. D Street
Porterville, CA 93257
To:

Qty Description Unit Price Line Total
1 Police Service Dog (Detection) for SRO $8,250.00 $8,250.00

Subtotal $8,250.00
Sales Tax $701.25
Less Deposit
Total $8,951.25
Top Dog Training Center, 5922 W. Clinton Avenue, Visalia, Ca 93291 Phone 559-802-7297

Item No. 3.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Renovation of Police Department Facility Corridor Walls SOURCE: Police
COMMENT: The Police Department facility has undergone recent modifications and rehabilitation to include removing portions of the facility carpet for a polished concrete surface. This has created an aesthetically appealing setting, while at the same time inducing a more safe and sanitary environment. Currently, the Department facility has a fabric-like material which lines the lower portion of the walls throughout the common corridors. This material has been present since the construction of the building in 1989 and it has become worn, dirty and faded over time. The updating of the antiquated material on the walls would help make it environmentally safe for employees and community members while at the Department facility, as well as make it aesthetically pleasing.

Department staff has determined that removing the fabric material from the walls will continue the modernization of the Department facility and improve sanitary conditions inside the Department. Removing the material will require a process to include removal of the material, sanding of the existing adhesive, and texturing and painting of the affected areas to match.

In researching various vendors, Department staff were able to acquire quotes from two vendors, while a third vendor was contacted but was non-responsive.

The quotes are as follows:

Sequoia Painting, LLC: $12,404.68
Josue’s Painting Inc.: $19,500
Matthew Gifford Painting: Non-Responsive
In consideration of the quotes provided, Sequoia Painting, LLC, provided the lowest quote for the project at a cost of $12,404.68.

Based on the above information, the Department is requesting City Council approval to enter into an agreement with Sequoia Painting, LLC, for the requested modifications. Funds are available in Department's Asset Forfeiture accounts.

RECOMMENDATION: That the City Council:

1. Authorize staff to enter into an agreement with Sequoia Painting, LLC for the removal of material lining the interior walls, to include refinishing and painting of affected areas at a Item No. 3.
cost of $12,404.68. Staff is further requesting a ten percent (10%) contingency for the total cost due to potential unseen issues.

2. Authorize payment to the vendor upon completion of the project.

ATTACHMENTS: 1. Sequoia Painting, LLC Quote

2. Josue's Painting Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Sequoia Painting, LLC
1125 A Roseburg Ct.

Visalia, CA 93291
+1 5592018367
Estimate

ADDRESS
Porterville P.D.
350 N D Street
Porterville, Ca
ESTIMATE # DATE
1805 04/20/2022

PROJECT ESTIMATOR
Interior Cody Roberts

SERVICE SCOPE AMOUNT
Commercial
Interior
Inclusions: Texture and prime lower portion of hallway walls where carpet was removed Mask all adjacent surfaces to protect while work is being performed Sand surface to remove any remaining glue
All areas where top layer of gypsum board was damaged in the removal of carpet will be coated with peel stop primer
Section of wall to be textured will first be floated and sanded Texture wall matching existing texture
PVA prime new textured walls
3,230.10
Commercial
Interior
Inclusions: Paint walls in hallway
Mask adjacent surfaces to protect while work is being performed Blue stripe and border trim on top and bottom of blue stripe will be masked off and protected
Blue out coves will remain blue
Protect and paint around murals
Fill any nail holes that may be present prior to painting Paint walls scheduled for paint with 2 coats Sherwin Williams interior paint Exclusions:

Moving of furniture and decorations
Areas not listed in inclusions
Repainting of murals
Blue stripe
Blue outcoves
Payment and performance bond
Prevailing Wages
4,471.00
Hollow Metal
Frames
Inclusions: Prep and paint door frames in areas where walls are being painted approx. 38 Degrease and sand surfaces as needed
Paint frames 2 coats Sherwin Williams DTM
Exclusions:

Any door frames not adjacent to hallway walls being painted 2,155.36
Hollow Metal
Doors
Inclusions: Prep and paint metal doors in areas where walls are being painted approx. 7 668.22

SERVICE SCOPE AMOUNT
Degrease and sand surfaces as needed
Paint doors 2 coats Sherwin Williams DTM
Exclusions:

Any doors not adjacent to hallway walls being painted
Stain grade doors
Commercial
Interior
Inclusions: Paint ceiling and skylight openings above raised planter area Mask adjacent surfaces to protect while work is being performed Paint surfaces scheduled for paint with 2 coats Sherwin Williams interior paint 1,000.00
Commercial
Interior
Inclusions: Prep and paint window frames in areas where walls are being painted (hallway side only)
Mask adjacent surfaces to protect while work is being done Degrease and sand surfaces as needed
Paint window frames 2 coats Sherwin Williams DTM
880.00
Commercial
Interior
The sum of lines 1-6 of this estimate will take approximately 175 labor hours to complete 0.00 Contractor License #1062110
DIR Registration #1000562305
Addenda's noted in bid: None
hereby proposes to furnish all labor, material, equipment and license, FOB jobsite.

This price is to cover all expenses incurred in performing the work listed in the above description
Here at Sequoia Painting LLC, we require a 10% non-refundable deposit prior to start date on all residential projects. Consult with administration upon commercial project deposit requirements
This bid is good for 45 days
TOTAL $12,404.68
Accepted By Accepted Date
JOSUE’S PAINTING LIC# 1065892 510-634-2059 /559-827-3775 Page 1 =
559-827-3775/510-634-2059
[email protected]
LIC # 1065892
Porterville Police Deparment Proposal
350 N. D St
Porterville, CA 93257 Date: 04/12/2022
Interior Paint
We hereby propose to furnish the materials and perform the labor necessary for the completion of

1. Paint Hallways Walls

2. Drywall Texture Hallways
Nota (1 coat of primer and 2 coat of paint)
1- Work to be professional, clean up at final of each day and dispose of all trash from the work.
2- Estimate includes labor and material.

Total estimate $19,500.00
• Terms as follow: 3 payments, 20% (first payment) on the day the contract is signed, 40% (second payment) first day of work, (third payment) balance due when job is complete. • This proposal shall remain into effect for 30 days from the date of this proposal.

Exclusions:

Any alternations or deviation from above specifications involving extra cost will be executed only upon written order and will become an extra charge over and above the estimate. Agreements contingent upon strikes, accident, or delays beyond our control.

Signature: ____________________________________ Date __________

ACCEPTANCE OF PROPOSAL
The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.

Date________________ Signature: ___________________________

Item No. 4.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Authorization to Purchase a Copy Machine for the Temporary Library SOURCE: Parks and Leisure Services
COMMENT: Preparations for the opening of the temporary library located at 50 W. Olive Avenue, Suite B continue to progress. The furniture installation should be completed in early May. The equipment lost in the fire included a copy machine. Staff worked on a quote with established City vendor California Business Machines for a copy machine. Although Kyocera prices increased significantly in October 2021, California Business Machines was able to hold the price at the same $8,144, plus tax, which was quoted two years ago. The staff did add the fax kit to the quote, which brings the total to $8,939.00, plus tax. California Business Machines anticipates the equipment shipping and delivery within thirty (30) days or less.

RECOMMENDATION: That the City Council authorize the purchase of a copy machine for the temporary library from California Business Machines utilizing fire insurance funds in the amount of $8,939.00, plus the applicable sales tax.

ATTACHMENTS: 1. California Business Machines Quote
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
PROPOSAL for Vikki Cervantes, City Librarian
April 22, 2022
KYOCERA TASKalfa 6054ci

COLOR DIGITAL IMAGING SYSTEM
FEATURES:
• 60 PAGES PER MINUTE (Color and Black & White)
• STANDARD NETWORK PRINT, COPY, SCAN AND NETWORK FAX
• NEW 10.1” COLOR TOUCH SCREEN PANEL
• USB HOST INTERFACE / PRINT FROM AND SCAN TO USB MEMORY DEVICES • APP WHICH ALLOWS YOU TO PRINT FROM AND SCAN TO APPLE & ANDROID DEVICES • KYOCERA’S HyPAS ALLOWS ACCESS TO MANY POWERFUL BUSINESS APPLICATIONS • APPLE AIRPRINT/GOOGLE CLOUD PRINT/KYOCERA MOBILE PRINT • 320 SHEET DUAL SCAN DOCUMENT PROCESSOR (Scans Up to Images Per Minute) • 1,000 SHEET ALL POSITION STAPLING FINISHER
• STACKLESS DUPLEX UNIT (Up to 999 2-Sided Copies Per Scan) • 5 WAY PAPER FEED (4,150 Sheets)
• 2-500 SHEET USER ADJUSTABLE DRAWERS (Up to 140 Lb. Index Stock) • 150 SHEET MULTI-PURPOSE ADJUSTABLE BYPASS (Up to 110 Lb. Cover Stock) • DUAL-1,500 SHT LETTER SIZE DRAWERS
• 1200 X 1200 DPI UNENHANCED PRINT RESOLUTION; 4800 X 1200 ENHANCED RESOLUTION • UP TO 12” X 18” PAPER SIZE / BANNER PRINTS UP TO 12” X 48” • POSTER MODE
CASH PURCHASE $8,939 Plus Tax
*INCLUDED:
• SET-UP, DELIVERY, NETWORK INSTALLATION, INSTRUCTION, AND CUSTOM SURGE AND NOISE PROTECTION.
• A COMPREHENSIVE MAINTENANCE AGREEMENT INCLUDING ALL PARTS, LABOR, AND SUPPLIES, (Except Paper and Staples), IS AVAILABLE FOR $0.0085 B&W AND $0.049 Color Pages .
4260 N . FRESNO STREET , FRESNO , CA 93726
TER I BRYMER / 225-557 1 D IRECT
Business Machines
City of Porterville, Library
Item No. 5.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Authorization to Purchase an Outside Book Drop for the Temporary Library SOURCE: Parks and Leisure Services
COMMENT: As the interior portion of the temporary library, located at 50 W. Olive Ave.

Suite B progresses, one component of the exterior of the building lost in the library fire essential to operations is a book drop. An exterior book drop enables patrons the convenience of depositing their books without entering the facility and during non-operational hours. Staff has attached the quote received from an ongoing library vendor to the City, Demco, for $5,304.38. The book drop is made from strong, military-grade aluminum alloy. Its thick powder coat paint finish has industrial grade anti-graffiti and antimicrobial clear top coat.

The book drop is extremely weather resistant, fire suppressant, ADA compliant and theft deterrant. Demco was the only vendor contacted by staff who was able to give a nominal discount of six percent (6%) and guarantee product delivery within thirty (30) days.

RECOMMENDATION: That the City Council authorize the purchase of an outside book drop for the temporary library located at 50 W. Olive Ave., Suite B, from Demco utilizing fire insurance funds in the amount of $5,304.38, plus the applicable sales tax.

ATTACHMENTS: 1. Demco Quote
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
P.O. Box 7488 Reference: G2112064
Madison, WI 53707-7488 Contract/Bid ID: CTL003 PH 800-356-1200 FAX 800-245-1329 Today: 4/22/22 Quote Expiration Date: 5/22/22 NAME: Porterville Public Library CONTACT: VIKKI CERVANTES PHONE: 559-782-7495 EMAIL: [email protected] 1 1 P13657680 Kingsley 50 C-Series Outdoor System 53-1/4"Hx30"Wx43-1/8"D 5,199.99 6% 4,888.00 Paint Color Luster Door on the right side of the return slot PLEASE NOTE: This item may not be returned unless damaged or defective. ___________________________________________________ Order Subtotal 4,888.00 ___________________________________________________ *Shipping/Processing 416.38 Sales Tax Exempt Grand Total 5,304.38 ___________________________________________________ *Delivery Provisions: This quote has been specifically prepared to deliver with: Tailgate Delivery : 416.38 Order Provisions: Please note the attached freight terms. BILL TO: SHIP TO: CONTACT: ______________________________ ______________________________ ______________________________ Porterville Public Library Vikki Cervantes VIKKI CERVANTES 15 E Thurman Ave Porterville Public Library PORTERVILLE PUBLIC LIBRARY Suite B 50 W Olive Suite B 15 E THURMAN AVE STE B Porterville CA 93257-3652 Porterville CA 93257 PORTERVILLE CA 93257-3704 Item No. 6.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: CVIN/Vast Network Connection at Temporary Library SOURCE: Parks and Leisure Services
COMMENT: Staff was informed in March 2022 that the CVIN/VAST network connection was not included in the previous request that was approved by City Council at its meeting on January 18, 2022 for the technology infrastructure at the temporary library. The City Library’s network is solely procured through the City's cooperative agreement with the San Joaquin Valley Library System (SJVLS). Since the 1980's, the computer network and support for the City's Library has been provided directly from SJVLS.

Currently, SJVLS has received a quote of $55,837.19 from CVIN/VAST to build out the network connection. CENIC is absorbing the equipment, maintenance, and installation cost of $20,503.86. SJVLS is in the process of submitting, on behalf of the City's library jurisdiction, a California State Library Broadband Grant that will cover the circuit deployment fee of $6,333.33. Staff anticipates the project to be $29,000, plus tax. SJVLS would charge all associated costs to the City’s technology reserve account, and then bill the City so that funds would go back to the City’s technology reserve account.

RECOMMENDATION: That the City Council:

1. Authorize staff to initiate work to be contracted through the San Joaquin Valley Library System for network
connection for the temporary library facility; and

2. Authorize staff to process San Joaquin Valley Library System billing utilizing fire insurance funds.

ATTACHMENTS: 1. CENIC Quote

2. City Council Agenda Staff Report: January 18, 2022
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Item No. 6.

Final Approver: John Lollis, City Manager
Items to Consider While Reviewing Quotes
•Pricing does NOT include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.
•If an Out of Band line is required, Associate must provide a phone line for OOB or allow CENIC to order one and be reimbursed for both the one-time installation and ongoing monthly recurring costs. •Annual Recurring Costs (ARC) items are invoiced annually. •Non-Recurring Costs (NRC) items are one-time costs billed upon execution of contract. •Monthly Recurring Costs (MRC) items are billed quarterly, first billing will occurr after handoff. oE-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. oActual discount percentage will be identified by USAC at a later point. E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Broadband Access Administrator cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change. E-rate % noted is based on current FY estimate and CTF is a 50% discount of the remaining cost after E-rate has been applied.
oDue to the consortial nature of CENIC's E-rate application, the E-rate discount level may not be finalized until next Spring of the following year (late March or early April).
•E-rate Costs may take up to 18 months to activate due to USAC processing time. Please budget for the full undiscounted costs for the initial period.

Associate: SJVLS - Porterville Temporary Library Relocation Budget Summary Description: 1 G Porterville HQ to FRES1 Quote Date: 4/22/2022
Quote Expiration: July 21, 2022
Contract Number:

Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring Cost Term Length
[1] 1 Equipment $20,503.86
2 Equipment Maintenance $2,015.34
3 Facilities $1,000.00
[2] 4 Circuit deployment Fee $6,333.33
5 Circuit $28,000.00
Total $55,837.19 $0.00 $2,015.34
Annual Cost $2,015.34
Discounted Annual Cost $2,015.34
Total for Year 1 $57,852.53
Discounted Annual Cost
Year 1 $51,519.20
[1] CENIC pays for equipment, maintenance and installation of initial CalREN connection. [2] The California State Library requested, and received funding through the Budget Act of 2021, AB 128, Chapter 21, 2021 Statute, to pay for Circuit Deployment Fees (CDF) on behalf of public libraries connecting to CalREN. The full text can be found here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml? bill_id=202120220AB128
Version 2.0
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost. E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point LOC A LOC Z Carrier Info CENIC - Cross Connect E-rate Discount Total Discounted MRC
(CTF & E-rate)* Total Discounted NRC*
Site Name Site Name Service
Provider Service Type Requested Bandwidth
Est Contract
End Date
Non Recurring
Cost*
MRC for 5 year
term*
Add'l MRC (e.
g. Collector
Circuit)
NRC MRC Discounted NRC* Discounted MRC* $0.00 $28,000.00 Porterville Library CalREN (FRES1) Vast (CVIN) Lit Circuit 1 Gbps 7/1/2027 $28,000.00 $0.00 $28,000.00 $0.00 Item No. 9.

CITY COUNCIL AGENDA – JANUARY 18, 2022
SUBJECT: Authorization of Technology Infrastructure for the Temporary Library Facility SOURCE: Parks and Leisure Services
COMMENT: As a next step to facilitate technology infrastructure at the temporary library location, staff is seeking the City Council’s approval to move forward with the San Joaquin Valley Library System (SJVLS) for the purchase of computers and peripheral equipment. The project would also include installing network cabling from the street into the facility.

The City’s membership with the library cooperative, SJVLS, allows the City the opportunity to apply for federal E-rate funding to mitigate technology expenses incurred by public libraries. The E-rate consultant for SJVLS was able to get the temporary library facility eligible for E-rate discounts, which is administered directly through SJVLS. The infrastructure of setting up the network coming into the building from the street is estimated to cost $38,363.58, before discounts are applied. SJVLS has not received an updated quote, but staff has included the quote previously received for a better understanding of the scope of work.

The previous existing computer and network support for the City has been provided directly from SJVLS since the late 1980’s. SJVLS orders computer equipment and sets up the imaging that the City utilizes for public and staff use.

The staff has prepared the order with SJVLS and has attached the quotes. The order total is estimated to be $39,857.45. Please note the quote is subject to change due to limited and ever-changing inventory. SJVLS would charge all associated costs to the City's Technology Reserve Account, and then bill the City so that funds would go back to Porterville’s Technology Reserve. SJVLS would also disperse E-rate discounts into the Technology Reserve account.

RECOMMENDATION: That the City Council:

1. Authorize staff to initiate work to be contracted through the San Joaquin Valley Library System for the temporary library facility; and

2. Authorize staff to process San Joaquin Valley Library System billing utilizing fire insurance funds.

ATTACHMENTS: 1. Quote: Network Infrastructure

2. Quote: Peripherals

3. Quote: Computers
Item No. 9.

4. Quote: Monitors
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No. 7.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Authorization to Advertise for Bids - Drilling Phase of Well No. 34 Project SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Well No. 34 Project (Phase 1 - Drilling Phase). The well is located north of the Porter Slough to the west of the Windsor Court Subdivision. This well is being drilled as a required part of the consolidation of the Central Mutual Water Company to meet water quality requirements and system demands.This is the first phase of the well project and consists of the drilling of a 710-foot-deep pilot hole, conducting geophysical logging and water quality sampling in the pilot hole, reaming the pilot hole, and constructing a 690-foot-deep production well utilizing the reverse rotary drilling method.

The well is located on City-owned property and is part of the overall consolidation agreement with the State Water Resources Control Board Division of Drinking Water consolidation completion plan which includes; a new City-owned production well (Well No. 34), distribution mains to provide water service to each customer served by Akin Water Company and Central Mutual Water Company, water meters, and fire hydrants.

The City's consultant, Dee Jaspar & Associates, has prepared the Estimate of Probable Cost and the amount is $917,235. An additional $91,723 is necessary for construction contingency (10%). It is anticipated that an additional $91,723 is required for construction management, quality control, and construction surveying (10%), for a total of $1,100,681. Dee Jaspar and Associates was approached by staff to handle the construction management for this project as they did the design for this project and are familiar with the City's water system and well implementation; Dee Jaspar and Associates is listed on the City's OnCall Engineering and Surveying Services Consultant List, adopted by MO 04- 041922. The agreed upon price for their work is $57,906 and this amount is included in the previously detailed totals.

Funding is provided by reimbursement of the State Water Resources Control Board and the funding agreement was approved by Council on June 1, 2021.

RECOMMENDATION: That City Council:

1. Approve Staff's recommended Plans and Project Manual; and

2. Authorize staff to advertise for bids on the project.

ATTACHMENTS: 1. Engineer's Estimate
Item No. 7.

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
DEE JASPAR & ASSOCIATES, INC.

CONSULTING CIVIL ENGINEERS
2730 Unicorn Road, Bldg. A
Bakersfield, CA 93308
PHONE (661) 393-4796
FAX (661) 393-4799
Item Quantity Unit Unit Price Amount
1 1 LS $75,000 $75,000
2 50 LF $1,000 $50,000
3 660 LF $150 $99,000
4 6 EA $20,000 $120,000
5 Ream Pilot Hole to 28" Diameter 660 LF $150 $99,000
6 16" I.D. x 5/16" HSLA Blank Casing 290 LF $300 $87,000 7 16" I.D. x 5/16" COR-TEN Perforated Casing 400 LF $375 $150,000 8 4" Gravel Feed Tube 250 LF $30 $7,500
9 2" Sounding Tube 275 LF $28 $7,700
10 Gravel Envelope (SRI 4x16) 465 LF $110 $51,150
11 Cement Seal 245 LF $80 $19,600
12 Swabbing & Air Lifting 80 HRS $450 $36,000
13 Pumping & Surging 60 HRS $350 $21,000
14 Production Testing 24 HRS $350 $8,400
15 Well Video 1 LS $2,500 $2,500
Subtotal $833,850
10% Contingency $83,385
Total $917,235
18" dia. Pilot Hole Construction
36" Conductor Casing
Formation Sampling
April 19, 2022
Engineer's Cost Estimate
City of Porterville
Mobilization, Demobilization, Clean-up
Well No. 34
Item Description
Drilling of a Municipal Water Well

Item No. 8.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Application for State Off-Highway Vehicle Grant Funds SOURCE: Parks and Leisure Services
COMMENT: Staff has prepared a State Off-Highway Vehicle (OHV) Grant Funds application for the 2022-2023 fiscal year grant cycle. The process entails an online preliminary application and the ability for the public to review and comment on the preliminary application, March 8 - May 2, 2022. In addition, State OHV personnel review the preliminary application and provide comments on its completeness and accuracy. Staff is then given the opportunity to revise the preliminary application, only for purposes of responding to public and State comments, prior to confirming the submission of a final application.

The preliminary Ground Operations application is for $136,588, of which $101,031 is the grant request amount and $35,557 would come from a local match. The Ground Operations activity is for the annual ongoing maintenance and operations of the facility, including contractual management, equipment, materials and supplies.

The Ground Operations activities are for one year, commencing October 1, 2022. The local match for the proposed grant is comprised of volunteer efforts and gate admissions revenue. The final application submission must be made by June 6, 2022, and the results of the competitive scoring will be known by August 1, 2022.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the application for State Off-Highway Vehicle Grant Funds.

ATTACHMENTS: 1. Draft Resolution

2. OHV Park Locator Map
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
RESOLUTION NO.:_______-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE STATE OF

CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, OFF-HIGHWAY

VEHICLE GRANT FUNDS
WHEREAS, The people of the State of California have enacted the Off-Highway Motor Vehicle Recreation Act of 2003, which provides funds to the State of California and its political subdivisions for Operation and Maintenance, Restoration, Law Enforcement, Education and Safety for off-highway vehicle recreation; and
WHEREAS, the Off-Highway Motor Vehicle Recreation Division with the California Department of Parks and Recreation has been delegated the responsibility to administer the program; and WHEREAS, procedures established by the California Department of Parks and Recreation require the Applicant’s Governing Body to certify by resolution the approval to receive grant funding from the Off-Highway Motor Vehicle Grant funds; and
WHEREAS, this Project appears on, or is in conformance with, this jurisdiction’s adopted general or master plan and is compatible with the land use plans of those jurisdictions immediately surrounding the Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville hereby:

1. Approves the receiving of grant funding from the Off-Highway Vehicle Grant or Cooperative Agreement; and

2. Certifies that this agency understands its legal obligations to the State upon approval of the Grant; and

3. Certifies that this agency understands the California Public Resources Code requirement that Acquisition and Development Projects be maintained to specific conservation standards; and

4. Certifies that the Project will be well-maintained during its useful life; and

5. Certifies that this agency will implement the Project with diligence once funds are available and the Applicant has reviewed, understands, and agrees with the Project Agreement; and

6. Certifies that this agency will provide the required matching funds; and

7. Certifies that the public and adjacent property owners have been notified of this Project (as applicable); and

8. Appoints the Director of Parks & Leisure Services as agent to conduct all negotiations, execute and submit all documents including, but not limited to, Applications, agreements, amendments, payment requests and so on, which may be necessary for completion of the Project.

Passed, Approved and Adopted this 3rd day of May, 2022.

By: _________________________________
Martha A. Flores, Mayor
Attest:

John D. Lollis, City Clerk
________________________________
Patrice Hildreth, Chief Deputy City Clerk

Item No. 9.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Authorization to Apply for Active Transportation Program (ATP) Grant Funds SOURCE: Community Development
COMMENT: The Active Transportation Program (ATP) is a competitive statewide program created to encourage increased use of active modes of transportation, such as biking and walking. The City was successful in its ATP application for 2021's Cycle 5, which awarded the City $7.1M for the construction of the Butterfield Stage Corridor, a transportation corridor for non-motorized users that utilizes former Union Pacific Railroad right of way between College Avenue to the south and W. North Grand Avenue to the north. On March 21, 2022, the California Transportation Commission released a Call for Projects for ATP Cycle 6 grant funds, with an application filing deadline of June 15, 2022.

The goals of the ATP include, but are not limited to, increasing the proportion of trips accomplished by walking and biking, increasing the safety and mobility of non-motorized users, advancing efforts of regional agencies to achieve greenhouse gas reduction goals, enhancing public health, and providing a broad spectrum of projects to benefit many types of users including disadvantaged communities. Staff has reviewed the adopted 2023 ATP Guidelines and has identified two projects that are consistent with the goals of the program.

Project 1
The design and installation of a High intensity Activiated crossWalK (HAWK) to improve the safety of pedestrian crossings. HAWK pedestrian crossings are appropriate for high-speed or wide-crossing conditions, and provide drivers with multiple cues to call attention to the potential presence of pedestrians.

When activated, the HAWK uses a red indication to inform drivers to stop, which provides an opportunity for pedestrians to cross a major roadway. The installation of these beacon crossings on the existing Santa Fe Byway at Olive Avenue and Morton Avenue will increase the safety of facility users and compliment the improvements to be accomplished with recently awarded Clean CA grant funds. Other street crossing enhancements along the trail may be warranted upon further evaluation by staff and will be included as part of the project application. In addition, a HAWK crossing is being proposed on Plano Street at Chase Avenue to allow for a protected crossing adjacent to the Tule River Parkway and Fallen Heroes Park.

Project 2
The installation of solar lighting on the Tule River Parkway between State Route 65 and Plano Street has been identified as a potential ATP project as it Item No. 9.
would increase the safety of users and extend use of the existing facility to include early morning and evening hours. This improvement has the ability to increase the use and functionality of the Tule River Parkway.

At this time, staff is seeking authorization to apply for Cycle 6 ATP funds for the aforementioned projects, which, if awarded, would enhance two existing bike and pedestrian facilities in the community.

RECOMMENDATION: That that City Council authorize staff to apply for Cycle 6 ATP funds for the HAWK Pedestrian Crossings Project and the Tule River Parkway Solar Lighting Project.

ATTACHMENTS: 1. HAWK Locator Map

2. Solar Lighting Locator Map

3. Adopted 2023 ATP Guidelines
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager

SPRINGVILLE
AVE

DATE AVE

OLIVE AVE

ORANGE AVE

LEGGETT ST

MORTON AVE

MAIN ST

PLANO ST
HAWK
Locator Map
Date Printed: 4/27/2022 by the Community Development Department 1 in = 1,000 feet
±
Project Location
City Limits
Trails
Trails (In Construction Phase)
|ÿ65
|ÿ190

PROSPECT ST

POPLAR AVE

DATE AVE

PORTER RD

VILLA ST

SPRINGVILLE AVE JAYE ST

INDIANA ST

GIBBONS AVE

ORANGE AVE

OLIVE AVE

MORTON AVE

MAIN ST

PLANO ST
Solar Lighting
Locator Map
Date Printed: 4/27/2022 by the Community Development Department 1 in = 1,600 feet
±
Project Location
City Limits

2023

ACTIVE TRANSPORTATION PROGRAM

GUIDELINES
Adopted March 16, 2022
Resolution G-22-30

CALIFORNIA TRANSPORTATION COMMISSION

2023 ACTIVE TRANSPORTATION PROGRAM GUIDELINES

TABLE OF CONTENTS
I. Introduction............................................................................................................. 1

1. Background ....................................................................................................... 1

2. Program Purpose and Goals............................................................................ 1

3. Program Schedule ............................................................................................ 2 II. Funding Overview .................................................................................................. 3

4. Funding Source................................................................................................. 3

5. Programming Cycle .......................................................................................... 3

6. Distribution........................................................................................................ 3

7. Matching Requirement...................................................................................... 5

8. Leveraging Funds ............................................................................................. 5

9. Funding for Active Transportation Plans in Disadvantaged Communities.. 6

10. Reimbursement................................................................................................. 6 III. Eligibility ................................................................................................................. 6

11. Eligible Applicants ............................................................................................ 6

12. Partnering with Implementing Agencies......................................................... 7

13. Eligible Projects ................................................................................................ 8

14. Eligibility Screening Criteria ............................................................................ 9

15. Minimum Request for Funds.......................................................................... 10

16. Project Type Requirements............................................................................ 10 IV. Project Application............................................................................................... 13

17. Application Submittal Requirements............................................................. 14 V. Project Selection Process.................................................................................... 14

18. Project Evaluation Committee ....................................................................... 15

19. Project Selection Between Applications with the Same Score................... 16

20. Scoring Criteria ............................................................................................... 16

21. MPO Competitive Project Selection .............................................................. 19 VI. Programming ........................................................................................................ 21

22. Program of Projects........................................................................................ 21

23. Performance Metrics....................................................................................... 22

24. State Only Funding Designation.................................................................... 22

25. Committed / Uncommitted Funds.................................................................. 23

26. Contingency List ............................................................................................. 23 California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
ii

27. Baseline Agreements...................................................................................... 24 VII. Program / Project Amendments.......................................................................... 24

28. Amendment Requests .................................................................................... 24 VIII.Allocations ............................................................................................................ 28

29. Bureau of Indian Affairs (BIA)/Federal Transit Admininstration (FTA) Transfers.................................................................................................................. 29 IX. Project Delivery .................................................................................................... 30

30. Letter of No Prejudice..................................................................................... 30

31. Timely Use of Funds ....................................................................................... 30

32. Delivery Deadline Extensions ........................................................................ 31

33. Federal Requirements .................................................................................... 32

34. Design Standards............................................................................................ 32

35. Project Inactivity ............................................................................................. 33

36. Project Cost Savings ...................................................................................... 33

37. Project Cancellation ....................................................................................... 34

38. Project Reporting ............................................................................................ 34

39. Audits ............................................................................................................... 35 X. Roles and Responsibilities.................................................................................. 35

40. California Transportation Commission (Commission) ................................ 35

41. California Department of Transportation (Caltrans)..................................... 35

42. MPOs With Large Urbanized Areas ............................................................... 36

43. RTPAs Outside an MPO with Large Urbanized Areas and MPOs without Large Urbanized Areas ........................................................................................... 37

44. Project Applicant............................................................................................. 37 XI. Program Evaluation.............................................................................................. 38 XII. Appendix A: Guidance for Plans......................................................................... 39 XIII. Appendix B: Example Projects........................................................................... 42 XIV. Appendix C: California Conservation Corps ATP Program ............................... 44 XV. Appendix D: Guidance for Phase II Quick-Build Project Pilot Program .......... 49 XVI. Appendix E: Links Throughout Guidelines ........................................................... 55 California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
iii

I. Introduction

1. Background
The Active Transportation Program (ATP) is a competitive statewide program created to encourage increased use of active modes of transportation, such as biking and walking.

Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) created the ATP, and Senate Bill 1 (SB 1) (Chapter 2031, statutes of 2017) directs additional funding from the Road Maintenance and Rehabilitation Account to the ATP.

These guidelines describe the policy, standards, criteria, and procedures for the development, adoption, and management of the ATP. The guidelines were developed in consultation with the ATP workgroup. The workgroup includes representatives from the California Department of Transportation (Caltrans), other government agencies, and active transportation stakeholder organizations with expertise in pedestrian and bicycle issues, including Safe Routes to School programs.

The California Transportation Commission (Commission) may amend the ATP guidelines after conducting at least one public hearing. The Commission must make a reasonable effort to amend the guidelines prior to a call for projects or may extend the deadline for project submission to comply with the amended guidelines.

2. Program Purpose and Goals
Pursuant to statute, the purpose of the program is to encourage increased use of active modes of transportation, such as biking and walking. The goals of the ATP are to:
• Increase the proportion of trips accomplished by biking and walking. • Increase the safety and mobility for nonmotorized users. • Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 391 (Chapter 585, Statutes of 2009).
• Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
• Ensure that disadvantaged communities fully share in the benefits of the program.
• Provide a broad spectrum of projects to benefit many types of active transportation users.

In addition to the goals listed in statute, the ATP will also consider state goals and provisions set forth in the Climate Action Plan for Transportation Infrastructure (CAPTI).

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
1 3. Program Schedule
Each program must be adopted not later than the date designated in statute of each odd-numbered year; however, the Commission may alternatively elect to adopt a program annually. The following schedule lists the major milestones for the development and adoption of the 2023 ATP:

ATP Milestones Date
Draft ATP Guidelines presented to Commission January 26-27, 2022 Draft ATP Fund Estimate presented to Commission January 26-27, 2022 Commission hearing and adoption of ATP Guidelines March 16-17, 2022 Commission adopts ATP Fund Estimate March 16-17, 2022
Call for projects March 16-17, 2022
Scoring rubrics posted to Commission website March 29, 2022 Large MPOs submit optional guidelines to Commission May 13, 2022 Commission approves or rejects MPO guidelines June 29-30, 2022 Project application deadline June 15, 2022
Staff recommendations for Statewide and Small Urban and Rural components and Quick-Build Pilot Program posted October 21, 2022 Commission adopts Statewide and Small Urban and Rural
components and Quick-Build Pilot Program December 7-8, 2022 Projects not programmed distributed to large MPOs based on location December 2022
Deadline for MPO Draft project programming
recommendations to the Commission February 20, 2023
Deadline for MPO Final project programming
recommendations to the Commission April 21, 2023
Recommendations for MPO component posted May 12, 2023
Commission adopts MPO selected projects June 2023*
* Exact date will coincide with the Commission’s adopted 2023 meeting calendar.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
2 II. Funding Overview

4. Funding Source
ATP is funded from various federal and state funds appropriated in the annual Budget Act:
• 100% of the federal Transportation Alternative Program funds, except for federal Recreation Trail Program funds appropriated to the Department of Parks and Recreation.
• $21 million of federal Highway Safety Improvement Program funds or other federal funds
• State Highway Account funds.
• Road Maintenance and Rehabilitation Account (SB 1) funds.

In addition to furthering the purpose and goals of this program, all ATP projects must meet eligibility requirements specific to at least one ATP funding source.

The Commission expects that the Infrastructure Investment and Jobs Acts could direct additional funding to the Active Transportation Program. This funding would supplement existing Active Transportation Program funds and be distributed and administered in accordance with the 2023 Active Transportation Program Guidelines and any federal requirements. If this funding becomes available, the 2023 Active Transportation Program Fund Estimate will be amended to reflect new funding levels.

The Governor’s Proposed Budget for fiscal year 2022-23 includes a potential Active Transportation Program augmentation. If approved as part of the final fiscal year 2022- 23 State Budget, Commission staff will develop supplemental program guidelines in consultation with the Active Transportation Program stakeholder workgroup. The supplemental guidelines will describe the policies and procedures for the administration of the funding augmentation.

5. Programming Cycle
Each ATP programming cycle will include four years of funding. New programming capacity for the 2023 ATP will be for state fiscal years 2023-24, 2024-25, 2025-26, and 2026-2027.

6. Distribution
State and federal law segregate the ATP into multiple, overlapping components. The ATP Fund Estimate must indicate the funds available for each of the program components. Consistent with these requirements, the ATP funds must be distributed as follows:

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
3 1) Forty percent to Metropolitan Planning Organizations (MPO) in urban areas with populations greater than 200,000.
o These funds must be distributed based on total MPO population. The funds programmed and allocated under this paragraph must be selected through a competitive process by the MPOs in accordance with these guidelines. o Projects selected by MPOs may be in large urban, small urban, or rural areas. o A minimum of 25% of the funds distributed to each MPO must benefit disadvantaged communities.
o The following statutory requirements apply specifically to the Southern California Association of Governments (SCAG):
 SCAG must consult with county transportation commissions, the Commission, and Caltrans in the development of competitive project selection criteria.
 The criteria used by SCAG should include consideration of geographic equity, consistent with program objectives.
 SCAG must place priority on projects that are consistent with plans adopted by local and regional governments within the county where the project is located.
 SCAG must obtain concurrence from the county transportation commissions.
2) Ten percent to small urban and rural areas with populations of 200,000 or less.

Projects are competitively awarded by the Commission in these regions. Federal law segregates the Transportation Alternative Program into separate small urban and rural competitions based upon their relative share of the state population. o Small urban areas are those with populations of 5,001 to 200,000. Rural areas are those with populations of 5,000 or less.
o A minimum of 25% of the funds in the Small Urban and Rural programs must benefit disadvantaged communities.
o If a project is eligible for the MPO component, it cannot be eligible for funding in the Small Urban and Rural component.
3) Fifty percent to projects competitively awarded by the Commission on a statewide basis.
o A minimum of 25% of the funds in the statewide competitive program must benefit disadvantaged communities.
o A portion of statewide component funding is used to fund the Active Transportation Resource Center, which is administered by Caltrans and provides statewide technical assistance and support to all current and potential ATP applicants. Typical Active Transportation Resource Center activities include:

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
4  Providing technical assistance, training, resources, and tools to help agencies, especially those in disadvantaged communities, deliver existing and future projects and to strengthen community involvement in future projects.

7. Matching Requirement
The Commission does not require a funding match for ATP. Large MPOs, in administering a competitive selection process, may require a funding match for projects selected through their competitive process.

8. Leveraging Funds
The Commission encourages the leveraging of additional funds for a project by considering leveraging in the evaluation criteria for the medium and large infrastructure projects. Leveraged funds are a financial commitment toward the cost of a project from a different funding source. However, applicants are not required to leverage funds.

The Commission will only consider cash funds for leveraging. Funds expended by the local agency for the Project Approval and Environmental Document (PA&ED), Plans, Specifications, and Estimates (PS&E), and Right-of-Way (R/W) phases will be considered for leveraging even if the funds were expended before the application deadline.

Except for State Transportation Improvement Program funding, the Commission will only consider funds that are not allocated by the Commission on a project-specific basis as eligible funds for leveraging points. The Commission will not consider in-kind or noninfrastructure funds as eligible for leveraging.

Tribes typically have limited access to other transportation funds that can be used for leveraging. Therefore, applications for the 2023 ATP submitted by Tribal Governments (federally recognized Native American Tribes) and projects within federally recognized Tribal Lands (typically within the boundaries of a Reservation or Rancheria) will be awarded full leveraging points on the corresponding application type.

Applicants must provide a complete (phase-by-phase) project funding plan through construction that demonstrates that the ATP and leveraged funding in the plan (local, federal, state, private sources) is reasonably expected to be available and sufficient to complete the project. Additionally, applicants must attach a signed letter of commitment indicating the amounts and sources of leveraged funds. Applicants may also include other documentation to substantiate leveraging, including meeting minutes from a governing body, a budget sheet, a board or council resolution, etc.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
5 9. Funding for Active Transportation Plans in Disadvantaged Communities Funding from the ATP may be used to fund the development of community-wide active transportation plans, including bicycle, pedestrian, safe routes to schools, or comprehensive active transportation plans. All plans must be within a disadvantaged community or, for area-wide plans, encompass at least one disadvantaged community.

A list of the components that must be included in an active transportation plan can be found in Appendix A.

The Commission intends to set aside up to 2% of the funds in the statewide and small urban and rural competitive components for funding active transportation plans in predominantly disadvantaged communities. In administering its portion of the program, a large MPO may make up to 2% of its funding available for active transportation plans in disadvantaged communities within the MPO boundaries.

10.Reimbursement
The ATP is a reimbursement program for eligible costs incurred. For an item to be eligible for ATP reimbursement, that item’s primary use or function must meet the ATP purpose and at least one of the ATP goals. Reimbursement is requested through the invoice process detailed in the Local Assistance Procedures Manual, Chapter 5, Invoicing. Costs incurred prior to Commission allocation and, for federally funded projects, Federal Highway Administration project approval (i.e., Authorization to Proceed), are not eligible for reimbursement.

III. Eligibility

11.Eligible Applicants
The following entities within the State of California are eligible to apply for ATP funds:
1) Local, Regional, or State Agencies. Examples include city, county, MPO*, and Regional Transportation Planning Agency.
2) Caltrans.*
o Caltrans nominated projects must be coordinated and aligned with local and regional priorities. Caltrans is required to submit documentation that local communities are supportive of and have provided feedback on the proposed Caltrans ATP project.
o Caltrans must submit documentation to support the need to address the project with ATP funds, rather than other available funding sources such as the State Highway Operations and Protection Program (SHOPP). 3) Transit Agencies. Any agency responsible for public transportation that is eligible for funds under the Federal Transit Administration.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
6 4) Natural Resources or Public Land Agencies. Federal, Tribal, State, or local agency responsible for natural resources or public land administration. Examples include:
o State or local park or forest agencies.
o State or local fish and game or wildlife agencies.
o Department of the Interior Land Management agencies.
o U.S. Forest Service.
5) Public schools or school districts.
6) Tribal Governments – federally recognized Native American Tribes. o For funding awarded to a tribal government, a fund transfer to the Bureau of Indian Affairs (BIA) may be necessary.
o A tribal government may also partner with another eligible entity to apply if desired.
7) Private nonprofit tax-exempt organizations that are responsible for the management of public lands may only apply with projects eligible for Recreational Trails Program funds. Eligible project types include recreational trails and trailheads, park projects that facilitate trail linkages or connectivity to nonmotorized corridors, and conversion of abandoned railroad corridors to trails.

Projects must benefit the general public, not only a private entity. 8) Any other entity with responsibility for oversight of transportation or recreational trails that the Commission determines to be eligible. Eligibility should be established with Commission staff before the application deadline. * Caltrans and MPOs, except for MPOs that are also regional transportation planning agencies, are not eligible project applicants for the federal Transportation Alternative Program funds appropriated to ATP. Therefore, funding awarded to projects submitted directly by Caltrans and MPOs are limited to other ATP funds. Caltrans and MPOs may partner with an eligible entity to expand funding opportunities.

12.Partnering with Implementing Agencies
Applicants and/or implementing agencies must be able to comply with all the federal and state laws, regulations, policies, and procedures required to enter into a Local Administering Agency-State Master Agreement (Master Agreement). Refer to the Local Assistance Procedures Manual, Chapter 4, Agreements, for guidance and procedures on Master Agreements. The Commission requires project Baseline Agreements (see Section 27) for ATP projects with a total project cost (all funds) of $25 million or greater or a total programmed amount of $10 million or greater of ATP funds.

Eligible applicants that are unable to apply for ATP funds or that are unable to enter into a Master Agreement with the State must partner with an eligible applicant that can implement the project. In addition, eligible applicants that are unfamiliar with the California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
7 requirements to administer a Federal-Aid Highway Program project are encouraged to partner with an eligible applicant that can implement the project.

If another entity agrees to be the implementing agency and assume responsibility for the ongoing operations and maintenance of the facility, documentation of the agreement (e.g., letter of intent) must be submitted with the project application, and a copy of the Memorandum of Understanding or Interagency Agreement between the parties must be submitted with the first request for allocation. The implementing agency will be responsible and accountable for the use and expenditure of program funds.

13.Eligible Projects
All projects eligible for programming must be selected through a competitive process and must meet one or more of the ATP goals. See Appendix B for example projects.

The Commission encourages applicants to apply for projects that provide a transformative benefit to a community or a region. The Commission hopes to fund one or more large transformative projects that significantly expand the active transportation opportunities in a community or a region.
1) Infrastructure Projects: Capital projects that will further the goals of the ATP. This typically includes the environmental, design, right-of-way, and construction phases of a capital (facilities) project. A new infrastructure project will not be programmed without a complete Project Study Report (PSR) or PSR equivalent. • The application will be considered a PSR equivalent if it defines and justifies the project scope, cost, and schedule. Though the PSR or equivalent may focus on the project phases proposed for programming, it must provide at least a preliminary estimate of costs for all phases. PSR guidelines are posted on the State Transportation Improvement Program (STIP) page of the Commission’s website under “Background Information”.
• Further guidance can be found in the Caltrans Project Development Procedures Manual.
• The Commission expects collaboration and cooperation between the implementing agency and Caltrans for all projects on the state highway system. Applicants who are applying with projects on the state highway system should attach a completed State Highway System Project Impact Assessment Form to the application. This form can be obtained from the Caltrans 2023 Active Transportation Program website.
2) Plans: The development of a community-wide bicycle, pedestrian, safe routes to school, or active transportation plan that encompasses or is predominately located in a disadvantaged community. See Appendix A for Plan Project Guidance.
• The first priority for the funding of plans will be for eligible applicants that have neither a bicycle plan, a pedestrian plan, a safe routes to schools plan, nor a comprehensive active transportation plan.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
8 • The second priority for the funding of plans will be for eligible applicants that have a bicycle plan, pedestrian plan, or safe routes to school plan but not all. • The third priority for the funding of plans will be for updates to an active transportation plan that is more than five years old.
• The lowest priority for the funding of plan will be for updates to an active transportation plan that is five years old or less.
3) Non-infrastructure (NI) Projects: Education and encouragement programs that further the goals of the ATP. See Appendix B for example NI activities. • NI projects are not limited to those benefiting school students. • NI projects can be start-up programs or new components of existing programs.
• The Commission intends to focus NI funding on start-up projects. A project is considered to be a start-up when no program currently exists. • A project with components added to an existing program must demonstrate how the original program is continuing without ATP funding. • All NI projects must demonstrate how the program is sustainable and will be continued after ATP funding is exhausted.
• ATP cannot fund existing or ongoing program operations. 4) Infrastructure projects with non-infrastructure components: These are capital projects that include an education or encouragement component. The noninfrastructure component should be mentioned throughout the application and enhance the infrastructure project.
5) Quick-Build Project Phase II Pilot Program: The Commission will consider a small number of quick-build projects for the 2023 ATP as a phase II pilot. Quickbuild projects are interim capital infrastructure projects that further the goals of the ATP. These projects require construction, and are built with durable, low to moderate cost materials but last from one year to five years. See Appendix D for additional details.

14.Eligibility Screening Criteria
Applications will receive an initial screening by the Commission for completeness and eligibility, before being evaluated. Incomplete or ineligible applications will not be evaluated. Before evaluation, project applications will be screened for the following:
• Consistency with an adopted regional transportation plan. • Use of appropriate application.
• Supplanting Funds: a project that is already fully funded will not be considered for funding in the ATP. ATP funds cannot be used to supplant other committed funds.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
9 • Eligibility of project: the project must be one of the five types of projects listed in Section 13 of these guidelines.
• With the exceptions outlined in Section 25 and applicants using the large infrastructure application, an applicant applying for pre-construction phases must also apply for funding in the construction phase.
• Request of at least the minimum request amount as outlined in Section 15 of these guidelines.
• Projects that are already fully funded or projects that are a capital improvement required as a condition for private development approval or permits are not eligible for ATP funding.
• A project applicant found to have purposefully misrepresented information that could affect a project’s score may result in the applicant being excluded from the program for the current cycle and the following cycle.

Projects that are screened out because of the above listed criteria will not be considered eligible for the ATP and will not be evaluated or given a score. Applicants with projects that are screened out will be notified as soon as non-eligibility has been determined.

15.Minimum Request for Funds
To maximize the effectiveness of program funds and to encourage the aggregation of small projects into one larger comprehensive project, the minimum request for ATP funds that will be considered is $250,000. This minimum does not apply to noninfrastructure projects, safe routes to school projects, recreational trail projects, plans, and quick-build pilot projects.

MPOs, in administering a competitive selection process, may use a different minimum funding size. Use of a minimum project size greater than $500,000 must be approved by the Commission prior to the MPOs call for projects.

16.Project Type Requirements
SB 99 specifies that at least 25% of funds must benefit disadvantaged communities within each of the program components. However, the ATP also includes other project types that must meet certain requirements. Below is an explanation of the requirements specific to the project types listed in SB 99.

A. Disadvantaged Communities
For a project to contribute toward the disadvantaged communities funding requirement, the project must clearly demonstrate, with verifiable information, a direct, meaningful, and assured benefit to a disadvantaged community as defined using the criteria outlined below. A project is considered beneficial if it fulfills an important need of a disadvantaged community in a way that provides a significant value. The project’s benefits must primarily target a disadvantaged community while avoiding substantial burdens on that community.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
10 MPOs, in administering a competitive selection process, may use different criteria for determining which projects benefit disadvantaged communities if the criteria are approved by the Commission prior to an MPOs call for projects.

It is incumbent upon the applicant to clearly articulate how the project benefits the disadvantaged community; there is no presumption of benefit, even for projects located within a disadvantaged community. For a project to qualify as directly benefiting a disadvantaged community, the project must:
• Be located within, or be within reasonable proximity to, the disadvantaged community served by the project,
• Have a direct connection to the disadvantaged community, or • Be an extension or a segment of a larger project that connects to or is directly adjacent to the disadvantaged community.

To qualify as a disadvantaged community, the community served by the project must meet at least one of the following criteria:
• Median Household Income: (Table ID B19013) is less than 80% of the statewide median based on the most current Census Tract (ID 140) level data from the 2015-2019 American Community Survey (<$60,188). Communities with a population of less than 15,000 may use data at the Census Block Group (ID 150) level. Unincorporated communities may use data at the Census Place (ID 160) level. Data is available at the United States Census Bureau Website. • CalEnviroScreen: An area identified as among the most disadvantaged 25% in the state according to the CalEPA and based on the California Communities Environmental Health Screening Tool 4.0 (CalEnviroScreen 4.0) scores (score must be greater than or equal to 40.05). The mapping tool can be found here and the list can be found under “SB 535 List of Disadvantaged Communities”. • National School Lunch Program: At least 75% of public-school students in the project area are eligible to receive free or reduced-price meals under the National School Lunch Program for the 2019-2020 school year. Data is available at the California Department of Education website. Applicants using this measure must indicate how the project benefits the school students in the project area. The project must be located within two miles of the school(s) represented by this criteria.
• Healthy Places Index: The Healthy Places Index includes a composite score for each census tract in the State. The higher the score, the healthier the community conditions based on 25 community characteristics. The scores are then converted to a percentile to compare it to other tracts in the State. A census tract must be in the 25th percentile or less to qualify as a disadvantaged community. The live map and the direct data can both be found on the California Healthy Places Index website.
• Native American Tribal Lands: Projects located within Federally Recognized Tribal Lands (typically within the boundaries of a Reservation or Rancheria) and California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
11 projects submitted by tribal governments (Federally Recognized Native American Tribes).
• Other: If an applicant believes that the project benefits a disadvantaged community, but the project does not meet the aforementioned criteria due to a lack of accurate information, the applicant may submit another means of qualifying for consideration. Commission staff will assess and score this question for applicants using the “Other” category to qualify as a disadvantaged community. Suggested alternatives that can be submitted under this category include:
o Census data that represents a small neighborhood or unincorporated area.

The applicant must submit for consideration a quantitative assessment, such as a survey, to demonstrate that the community’s median household income is at or below 80% of the state median household income. o CalEnviroScreen data that represents a small neighborhood or unincorporated area. The applicant must submit for consideration an assessment to demonstrate that the community’s CalEnviroScreen score is at or above 40.05.
o A Regional Definition such as “environmental justice communities,” “equity priority communities,” or “communities of concern.” The Regional Definition must have been developed through a robust public outreach process that includes the input of community stakeholders and must be stratified based on severity. A regional definition of disadvantaged communities must be adopted as part of a regular four-year cycle adoption of a Regional Transportation Plan (RTP) / Sustainable Communities Strategy (SCS) by an MPO or RTPA per obligations with Title VI of the Federal Civil Rights Act of 1964. A regional definition of disadvantaged communities must be used for the region’s broader planning purposes rather than only to apply for ATP funding.

B. Safe Routes to School Projects
For a project to qualify for a Safe Routes to School designation, the project must directly increase safety and convenience for public school students to walk and/or bike to school. Safe Routes to Schools infrastructure projects must be located within two miles of a public school or within the vicinity of a public school bus stop, and the school community, including students, parents, caregivers, teachers, and staff, must be the intended beneficiaries of the project. For Safe Routes to School non-infrastructure, the program must benefit school students, parents, caregivers, teachers, and/or staff and primarily be based at the school.

C. Recreational Trails Projects
Trail projects that are primarily recreational should meet the federal requirements of the Recreational Trails Program, as such projects may not be eligible for funding from other sources. However, trails that serve active transportation purposes (such California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
12 as multi-use paths, Class I bikeways, etc.) are fully eligible in the ATP and need not meet the Recreational Trails Program requirements.

IV. Project Application
ATP project applications will be available at the Caltrans Local Assistance website.

There are five different applications available for applicants to complete depending on the project type and size. It is incumbent on the applicant to complete the application appropriate for their project. Applicants applying for infrastructure projects must utilize the application type based on the entire project cost, not the ATP request amount. All eligible projects must apply with one of the following application types. Applications for plans may not be combined with applications for infrastructure or non-infrastructure projects. Applications for the 2023 ATP Quick-Build Project Phase II Pilot Program must be submitted in the manner outlined in Appendix D.

The five application types are:

A. Large Project, Infrastructure only or Infrastructure/Non-infrastructure:
• Projects with a total project cost of greater than $10 million will be considered a large project and must use the Large Project application. Caltrans and Commission staff may conduct onsite field reviews on a selection of projects that qualify as large projects. Field reviews are not indicative of the project’s likelihood of receiving funding.
• Projects that qualify for the large application do not need to apply for construction and may apply for pre-construction phases only.

B. Medium Project, Infrastructure only or Infrastructure/Non-infrastructure:
• Projects with a total project cost of more than $3.5 million and up to $10 million will be considered a medium project and must use the Medium Project application.

C. Small Project, Infrastructure only or Infrastructure/Non-infrastructure:
• Projects with a total project cost of $3.5 million or less will be considered a small project and must use the Small Project application.

D. Non-infrastructure only.

E. Plan.
• Applicants can only apply for a plan with the Plan application. This application cannot be combined with any other type of project. Plan projects must be within or encompass a disadvantaged community.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
13 17.Application Submittal Requirements
Information on how to submit electronic project applications will be posted prior to the call for projects at the Commission’s website and Caltrans Local Assistance website.

Applicants to the 2023 Active Transportation Program are not required to submit hardcopies to the Commission.

The Commission requires:
• All project applications must include the signature of the Chief Executive Officer or other officer authorized by the applicant’s governing board. • Projects that will be implemented by an agency other than the applicant must submit documentation of the agreement between the project applicant and the implementing agency with the project application.
• A project application must also include documentation of all other funds committed to the project.
• All applications for projects within 500 feet of a freeway or roadway with a traffic volume over 125,000 annual average daily traffic (AADT) must include a description of any project design elements intended to minimize exposure to air pollution and an explanation of the circumstances that make locating project components in close proximity to heavily travelled freeways or roadways unavoidable or an explanation of why this location was chosen. This item will not be scored.

In addition to submitting a project application to the Commission, a copy must also be sent to the agencies listed below. These agencies may require a hardcopy or electronic version. Check with the agency for their preference.
• Regional Transportation Planning Agency or County Transportation Commission within which the project is located.
• The MPO (a contact list can be found at the Transportation Planning Website.) V. Project Selection Process
The ATP has a sequential selection process. Commission staff will first select projects to be recommended for funding in the statewide component based on score, eligibility and deliverability, and program capacity. Then each of the remaining projects will be eligible for funding in either the small urban and rural component or the MPO component based on project location. Commission staff will next select projects to be recommended for funding in the small urban and rural component based on score, eligibility and deliverability, and program capacity. Projects located within the boundaries of one of the ten largest MPOs must be considered for funding in the MPO component if the project was not selected for funding in the statewide component. Each of the ten largest MPOs will select projects to be recommended for funding as described California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
14 in Section 21. The Commission will consider and vote whether to adopt the recommendations made in the statewide, small urban and rural, and MPO components.

18.Project Evaluation Committee
Commission staff will form a multidisciplinary project evaluation committee to assist in evaluating project applications. In forming the project evaluation committee, staff will seek participants with expertise in bicycling and pedestrian transportation, expertise in Safe Routes to Schools projects, and expertise in projects benefiting disadvantaged communities. Additionally, staff will seek a geographically balanced representation from state agencies, large MPOs, regional transportation planning agencies, local jurisdictions in small urban and rural areas, and non-governmental organizations.

Priority for participation in the evaluation committee will be given to those who do not represent a project applicant or will not benefit from any submitted projects. Except for Caltrans, no more than two evaluators from one agency will be chosen to ensure a broader representation of evaluators. If more than two individuals from an agency would like to be evaluators, excess volunteers will be placed on the alternate list and asked to be evaluators should positions become available. Consultants will not be considered for participation in the evaluation committee.

Commission and Caltrans staff will collaborate with the Department of Parks and Recreation to review and select projects to be funded with federal Recreational Trails Program funds.

A. Project Evaluation Process
All eligible project applications received will be evaluated by an evaluator team comprised of two volunteers, one from northern California and one from southern California, if possible. All evaluators are required to participate in an ATP evaluator training and sign a conflict of interest form before receiving applications to review. The conflict of interest form requires the potential evaluator to certify that they can and will review project applications objectively, and to list any projects that could present a potential conflict. In addition to their named conflicts, evaluators will not be assigned applications from any applicant located within the county or counties) where they live and work. Evaluator team members agree on consensus scores by question for each application based on the Scoring Rubric developed by Commission staff, Caltrans, and the ATP workgroup. Evaluators submit consensus score forms to Commission staff.

Evaluators must include meaningful comments on each consensus score form that explain the given consensus scores. Any consensus score forms without meaningful comments will be returned to the evaluator team for completion.

Simultaneously with evaluator team scoring, Commission staff will read and score every application to provide a check score for evaluators. Every consensus score is compared to the check score. This process allows for Commission staff to identify errors or discrepancies with scoring. Commission staff will meet with every team to discuss their scores, even if there are no issues.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
15 B. Scoring Rubrics
Each application type has a complementary scoring rubric that outlines the scoring criteria for each question. Evaluator teams must use the correct scoring rubric when reviewing an application. The scoring rubrics provide a consistent framework, ensuring that projects are evaluated on the same standards. The Commission anticipates publishing a scoring rubric for each project application type by March 29, 2022 to allow applicants to utilize the rubric when writing applications.

19.Project Selection Between Applications with the Same Score If two or more project applications receive the same score and it is the funding cut-off score, the following criteria will be used to determine which project(s) will be funded in the following priority order:
1) Project readiness including, but not limited to, completed environmental documents.
2) Highest score on the highest point value question (questions with the highest point value may vary by application type).
3) Highest score on the second highest point value question.

20.Scoring Criteria
Proposed projects will be scored and ranked based on applicant responses to the scoring topics below. The chart below references the scoring topics and points allotted to the different types of applications, as well as the maximum number of points allowed for each scoring topic by application type. If a scoring topic is left blank, it is not applicable to that application type.

Infrastructure Only (Inf.), Infrastructure & Non-Infrastructure (I + NI), Non-Infrastructure Only, and Plan Application Scoring Criteria:

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
16 Scoring Topic Large
Inf. /I + NI
Medium
Inf. /I + NI
Small
Inf. /I + NI Plan Non-Infrastructure Only
Benefits to
Disadvantaged
Communities (DAC)
10 10 10 30 10
Need 38 40 52 20 40
Safety 20 25 25 10
Public Participation &
Planning
10 10 10 25 15
Scope and Plan Layout
Consistency and Cost
Effectiveness
7 Scope and Plan Layout
Consistency
5 3 10
Context Sensitive &
Innovation
5 5 5
Transformative
Projects
5 Evaluation and
Sustainability
10 Leveraging 5 5
Implementation & Plan
Development
25 Corps (0 or -5) (0 or -5) (0 or -5) (0 or -5)
Past Performance 0 to -10 0 to -10 0 to -10 0 to -10 0 to -10 Total 100 100 100 100 100
A. Benefit to Disadvantaged Communities. The benefit provided to the disadvantaged community affected by the project. The score will be impacted by the project location in relation to the disadvantaged community, the severity, and the direct benefit the project will provide. Applicants must also explain how antidisplacement policies and actions are being implemented to discourage gentrification of the community being impacted by the project. If displacement is not an issue, applicants must explain why it is not a concern for the community.

B.Need. Potential for increased walking and bicycling, especially among students, including the identification of walking and bicycling routes to and from schools, transit facilities, community centers, health care facilities, employment centers, 17 California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines

and other destinations; potential to promote equity of access to shared public infrastructure for people of all ages and varying abilities; and potential to increase and improve the connectivity and mobility of non-motorized users..

C.Safety. Potential for reducing the number and/or rate or the risk of pedestrian and bicyclist fatalities and injuries, including the identification of safety hazards for pedestrians and bicyclists, with consideration of safety concerns for students, older adults, and persons with disabilities.

D.Public Participation and Planning. Identification of the community-based public participation process that culminated in the project proposal, which may include noticed meetings and consultation with local stakeholders. Project applicants must clearly articulate how the local participation process (including the participation of disadvantaged community stakeholders and community-based organizations) resulted in the identification and prioritization of the proposed project. If there is significant opposition to the project, applicants should summarize any major points of concern raised by the opposition and provide a response. Additionally, for large infrastructure and large infrastructure/non-infrastructure combination projects, applicants will be awarded points for the inclusion of the project in an adopted active transportation plan or similar plan. Eligible plans must be developed through a comprehensive public process.

E. Scope and Plan Layout Consistency and Cost Effectiveness. Evidence that the application, scope, and plan layout are consistent with one another and depict what is being proposed. A project’s cost effectiveness is the relative costs of the project in comparison to the project’s benefits.

F. Scope and Plan Layout Consistency. Evidence that the application, scope, and plan layout are consistent with one another and depict what is being proposed.

G.Implementation and Plan Development. Specific to applicants using the “plan” application form. Evidence that the plan will lead to implementation of the identified projects.

H.Context-Sensitive Bikeways/Walkways and Innovative Project Elements. The “recognized best” solutions appropriate for the local community context will be considered. Applicants should discuss how the project advances a lower stress environment or a low-stress network. Additionally, applicants should provide a description of the innovative features of the project or explain why the context of the project best lends itself to standard treatments/features.

I. Transformative Projects. Evidence of the transformative nature of the project will help to inform the score. Applicants should describe how nearby projects and local policies and ordinances will contribute to the project’s transformative nature.

In addition, applicants should address the potential for the project to support existing and planned housing, especially affordable housing, and how the project will advance local transportation and land use goals. Applicants are encouraged to apply for the California Department of Housing and Community Development’s California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
18 (HCD) Prohousing Designation Program and to describe how local policies align with prohousing criteria. If housing is not an issue for the community, the applicant should explain why it is not a concern.

J. Evaluation and Sustainability. How will the effectiveness of the program be measured and sustained after completion?
K.Leveraging. Leveraging of non-ATP funds (excluding in-kind contributions) on the ATP project scope proposed.

L. Corps. Use of the California Conservation Corps or a certified local community conservation corps, as defined in Section 14507.5 of the Public Resources Code, as partners to undertake or construct applicable projects in accordance with Section 1524 of Public Law 112-141. Points will be deducted if an applicant does not seek corps participation or if an applicant intends not to utilize a corps in a project in which the corps can participate. An exception applies for applicants using the Plan application type.
a. General information and instructions for consulting with the Corps on ATP projects can be found at the California Conservation Corps website or at the California Association of Local Conservation Corps website. b. The California Conservation Corps can be contacted at [email protected]. c. Certified local community conservation corps can be contacted at [email protected].
d. Direct contracting with the California Conservation Corps or a certified local community conservation corps without bidding is permissible provided that the implementing agency demonstrates cost effectiveness per 23 CFR 635.204 and obtains approval from Caltrans. A copy of the agreement between the implementing agency and the proposed conservation corps must be provided to Caltrans.
e. Funded projects will be required to report on the use of the California Conservation Corps or a certified local community conservation corps as noticed in the application.

M. Past Performance. Applicant’s performance on past ATP projects. Points will be deducted for non-use of the Corps as committed to in a past ATP award; adverse audit findings on a past ATP project that are the fault of the applicant; or failure of any past ATP project.

21. MPO Competitive Project Selection
Projects not selected for programming in the statewide competition must be considered by the MPOs in administering a competitive selection process.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
19 An MPO may delegate its project selection to the Commission if it uses the Commission’s statewide competition project selection criteria, weighting, minimum project size, match requirement, and definition of disadvantaged communities.

An MPO, with Commission approval, may use a different project selection criteria or weighting, minimum project size, match requirement, and/or definition of disadvantaged communities for its competitive selection process. Use of a minimum project size of $500,000 or less, or different match requirement than in the statewide competitive program does not require prior Commission approval.

An MPO may also elect to have a supplemental MPO-specific call for projects. The projects received in this call must be considered along with those not selected for funding in the statewide competitive program. As part of the supplemental call for projects, MPOs may allow applicants to down-scope or provide a scalability plan for statewide-submitted projects. An MPO may recommend a quick-build project for programming; however, all quick-build project applications must be submitted in the manner outlined in Appendix D.MPOs that choose to administer a competitive selection process must use a multidisciplinary advisory group, similar to the Project Evaluation Committee described in Section 18, to assist in evaluating project applications. The Commission will provide a checklist to the MPOs that includes what the MPO must submit with its programming recommendations to the Commission, including:
• List of the members of its multidisciplinary advisory group. • Description of unbiased project selection methodology. • Programming template provided by Caltrans and Commission staff with the following elements:
o List of all projects evaluated and regional competition scores o Projects recommended with implementing agency name, project name, county, total project cost, request amount, fiscal years, phases, state only funding requests, state and federal funding split, and amount benefiting disadvantaged communities.
o Project type designations such as Non-infrastructure, Safe Routes to School, etc.
• Board resolution approving the program of projects.
• Project Programming Requests (PPRs).
• Copies of all applications received by the MPO if the MPO conducted a supplemental call for projects. Applications that were submitted to a supplemental call for projects that were recommended for programming by an MPO will not be considered for programming unless the application is received by February 20, 2023. Commission staff and Caltrans staff will review all applications for eligibility and deliverability.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
20 The Commission also may require each MPO to participate in a teleconference between Commission staff, Caltrans staff, and MPO staff to review submittal completeness and accuracy.

If Commission staff determines that an MPO submittal is not complete or accurate enough for Commission staff approval, then Commission staff may elect to postpone consideration of that MPO’s program until the submittal is deemed complete and accurate.

VI. Programming

22.Program of Projects
Following at least one public hearing, the Commission will adopt a program of projects for the ATP in each odd-numbered year by the deadline established in statute. The ATP must be developed consistent with the fund estimate. Projects programmed by the Commission in ATP will not be given priority in other programs under the Commission’s purview.

If the program of projects adopted by the Commission does not program the full capacity identified in the fund estimate for a given fiscal year, the balance will remain available to advance programmed projects. Subject to the availability of funds, a balance not programmed in one fiscal year will carry over and be available for projects in the following fiscal year.

The program of projects for each fiscal year will include, for each project, the amount to be funded from the ATP and the estimated total cost of the project. In the case of a large project delivered in segments, the program of projects will include the total cost of the segment for which ATP funds are requested.

Project costs in the ATP will include costs for each of the following phases:
• project approval and environmental document (PA&ED);
• plans, specifications, and estimates (PS&E);
• right-of-way (R/W);
• construction (CON); and
• construction non-infrastructure (CON-NI), if applicable.

For projects anticipated to be delivered using the design-build or design-sequencing contracting method, the construction phase may include costs for design and right-ofway. The cost of each project phase will be listed in the ATP no earlier than in the fiscal year in which the particular project phase can be implemented.

Projects from prior cycles that are found to not meet Project Study Report (PSR) equivalency will be required to take corrective action prior to allocation of funds.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
21 23.Performance Metrics
Successful projects must submit the required performance metric data as noted below.

The Commission may delete a project for which no performance metric data is received.

The Commission will not consider approval of a project allocation for projects that have not submitted the required performance metric data.

A. Interim Count Methodology Guidance
The Interim Count Methodology Guidance (Interim Guidance) was developed by Caltrans in collaboration with the ATP Technical Advisory Committee. The Interim Guidance is intended to guide ATP applicants and project awardees in meeting the minimum expectations for conducting user counts, surveys, and evaluation requirements for active transportation projects funded through the ATP. The Interim Guidance covers various topics that represent central steps to ensure that ATP applicants and awardees can provide consistent and uniform project-user data. Topics include determining the type of count data collection needed, as well as how to determine count locations and estimating the total volume within the project limits.

The Count Guidance must be used for all ATP-funded projects that receive a construction phase allocation from the Commission. The Interim Count Methodology Guidance is available on the Caltrans website. The timeframes for conducting user counts are outlined in Section 4 of Interim Count Methodology Guidance.

B. Affordable Housing and Sustainable Communities Benefits Calculator To further show the benefits of the ATP funding, Commission staff will utilize the analysis provided by the Affordable Housing and Sustainable Communities Benefits Calculator. This tool estimates outputs such as vehicle miles traveled, air pollution, and greenhouse gas reductions for new facilities and bike shares.

Successful applicants, including those with MPO-selected projects, must submit the relevant data to Commission and Caltrans within six months of programming.

24.State Only Funding Designation
Some of the funds in the ATP are federal funds. ATP projects programmed as part of the statewide and small urban and rural competitions with capital construction values of $1,000,000 or more in ATP funding must be federal-aid eligible. Refer to the update to the Federal-Aid Project Funding Guidelines for more information. Agencies may request State only funding at the time of application. Such a request does not guarantee a State only funding designation.

In the MPO component, it is the responsibility of each MPO to designate projects for State only funding when submitting their programming recommendation. The recommendations are not to exceed the allotted State only funds specified in the adopted 2023 ATP Fund Estimate. If a project is not designated for State only funds in the adopted MPO component, and later requires State only funding, the MPO must California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
22 modify the State only fund designations among all its programmed projects so that the State only fund designations do not exceed the allotment in the adopted 2023 ATP Fund Estimate. The MPO must inform Caltrans of any changed State only funding designations before submitting an allocation request for any affected project and inform the Commission which State only funded project(s) will be converted to federal funds.

All programmed quick-build projects will be designated for State only funding.

25.Committed / Uncommitted Funds
The Commission will program and allocate funding to projects in whole thousands of dollars and will include a project only if it is fully funded from a combination of ATP funds and other committed funds. The Commission will only propose to fund projects with uncommitted funds in the following two situations:
• The project is at the funding cut-off for an MPO in their MPO component and there are not enough available funds in that MPO’s program to fund the full project. The applicant must demonstrate how it intends to fund the construction of a useable segment, consistent with the project application. • Projects that fall into the large infrastructure category as defined in the Project Application, Section IV of these Guidelines. The applicant must demonstrate the means by which it intends to fund the construction of a useable segment, consistent with the project application.

Uncommitted funds may only be from a future cycle of the ATP, the Local Partnership Program (formulaic or competitive), or a federal discretionary grant program. The applicant must indicate its plan for securing a funding commitment; explain the risk of not securing that commitment, and its plan for securing an alternate source of funding should the commitment not be obtained. If a project with uncommitted funds is programmed, all funding commitments for that phase must be secured prior to July 1 of the fiscal year in which the project is programmed, or the project will be removed from the program.

The Commission will regard funds as committed when they are programmed by the Commission or when the agency with discretionary authority over the funds has made its commitment to the project by ordinance or resolution. For federal formula funds, including Surface Transportation Program, Congestion Mitigation and Air Quality Improvement Program, and federal formula transit funds, the commitment may be by Federal approval of the Federal Statewide Transportation Improvement Program. For federal discretionary funds, the commitment may be by federal approval of a full funding grant agreement or by grant approval.

26.Contingency List
The Commission may identify a contingency list of projects to be amended into the program in the event a programmed project has returned award savings or is deleted California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
23 from the program. This contingency list will be in effect only until the adoption of the next programming cycle.

27.Baseline Agreements
In accordance with the SB 1 Accountability and Transparency Guidelines, the Commission requires Baseline Agreements for ATP projects with a total project cost of $25 million or greater (all funds) or a total programmed amount of $10 million or greater in ATP funds, including large infrastructure projects that are programmed with ATP funds in pre-construction phases only and that meet these thresholds. Baseline agreements establish the agreed upon benefits, project scope, schedule, and cost of a project for which the Commission has approved funding. These agreements provide a foundation for project monitoring and reporting and identify the agency responsible for reporting on the progress made towards the implementation of the project.

The Commission will approve baseline agreements at a regular Commission meeting within four months after a project has been adopted into the ATP except in instances in which a project has not received environment clearance at the time of programming.

Projects that have not received environmental clearance at the time of programming will be expected to have a baseline agreement approved within six months after the Lead Agency files a notice of exemption or files a notice of determination pursuant to the California Environmental Quality Act.

The following documents must be completed and submitted to Caltrans as part of the baseline agreement package:
• A signed baseline agreement
• An approved ATP application
• A completed Project Programming Request (PPR)
• Completed environmental documents (CEQA and NEPA, if required) • A completed Benefits Form
The Commission may delete a project for which no baseline agreement is executed.

The Commission will not consider approval of a project allocation, except for the environmental project phase and the non-infrastructure project phase for infrastructure/non-infrastructure combination projects, without an approved baseline agreement. The SB 1 Accountability and Transparency Guidelines are available on the Commission’s website.

VII. Program / Project Amendments

28.Amendment Requests
Implementing agencies who wish to request project amendments must obtain approval from all partner and funding entities before submitting these requests to the California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
24 Commission. Implementing agencies must submit amendment requests in a timely manner and include documentation that supports the requested change and its impact on the scope, cost, schedule, public support, and benefits.

Caltrans shall coordinate all amendment requests and utilize the Project Programming Request (PPR) form to help document the change. Implementing agencies must notify Caltrans in writing of proposed project amendments.

Project amendments will be considered for ATP as follows:
• Scope Changes – the Commission may consider changes to the scope of the project only as described below.
• Funding Distribution Changes – the Commission may consider a request to move funds between phases after a project has been programmed only as described below.

Project Segmenting – the Commission may consider a request to segment a project into two or more segments only as described in subsection C below.

Schedule changes to a project will not be considered, however, time extensions are allowed as specified in Section 31. The ATP will not fund any cost increases to a project, except for Caltrans implemented projects as outlined in Section VIII. If there is a change in the cost estimate, the implementing agency must notify Caltrans as soon as possible. The written notification should explain the change and the plan to cover the increase.

A. Scope Changes
The Commission will consider changes to the approved scope submitted in the project application to assist agencies in implementing their ATP projects and maximize the overall benefits of the ATP. An agency requesting a scope change must submit a request to Caltrans that includes the following:
• An explanation of the proposed scope change.
• The reason for the proposed scope change.
• The impact the proposed scope change would have on the overall cost of the project.
• An estimate of the impact the proposed scope change would have on the potential of the project to increase walking and bicycling as compared to the benefits identified in the project application (increase or decrease in benefit). • An estimate of the impact the proposed scope change would have on the potential of the project to increase the safety of pedestrians and bicyclists as compared to the benefits identified in the project application (increase or decrease in benefit).

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
25 • An estimate of the impact of the proposed scope change on benefits to disadvantaged communities, if applicable (increase or decrease in benefit). • An explanation of the methodology used to develop the estimates. • Evidence of public support for the new scope.
• Revalidation of the environmental document(s), if needed. • How the scope change impacts the project schedule.
• For projects in which the original ATP scope has been or will be completed through a different project or funding source, the implementing agency must submit an explanation of the overlapping scopes of the projects and/or change in funding source. If the scope change is approved, the agency must continue to report on any items that were in the original ATP scope but were or will be completed through a different project or funding source. • Identification of any funding sources used to complete the project that were not included in the project application.
• Identification of any savings expected due to a reduced or modified scope. • An explanation of how the scope change affects the project budget, and how increases will be funded, or savings will be utilized.
• For projects programmed in the Metropolitan Planning Organization (MPO) component, evidence of MPO approval and the MPO rationale for their approval.

Caltrans will review the proposed scope change and forward the proposal along with Caltrans’ written analysis and recommendation to the Commission for the Commission’s consideration.

Commission staff may accept or deny minor scope changes and will present those that are accepted to the Commission as a part of the project allocation request. Minor scope changes are those that stay true to the project proposed in the application, with little or no impact to project benefits, strong public support, or increase the benefits of the project. If Commission staff denies approval of a minor scope change request, Caltrans, in collaboration with the requesting agency, may resubmit the scope change request as a major scope change for the Commission’s consideration.

Caltrans will present recommendations to approve or disapprove major scope changes to the Commission as a project amendment agenda item at a regularly scheduled Commission meeting. Commission staff may recommend denying a scope change if the request dramatically changes the project scope and intent from what was approved in the application, or if there is a loss in benefits. The Commission may approve or deny the scope change request, regardless of staff and Caltrans’ recommendations.

Scope change requests must be submitted as soon as practicable following identification of the needed change, and prior to the allocation of any additional project phases. Scope change requests must be submitted prior to an agency requesting the California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
26 allocation of construction funds, except in instances where there are contract bid cost savings, as described in Section 36 of these Guidelines.

B. Funding Distribution Changes
Agencies may request to move fund amounts between programmed phases, including Project Approval and Environmental Document (PA&ED), Plans, Specs and Estimates (PS&E), Right of Way (RW) and Construction (CON). Moving funds between phases will not increase the total programmed amount. The agency must show that the project remains fully funded and that the benefits of the project will remain the same or increase. All Funding Distribution Change requests must be considered by the Commission for approval.

When preparing a request for a Funding Distribution Change, agencies should consider the following:
• The request must be made prior to the state fiscal year in which the funds have been programmed.
• The funds that are part of the request cannot have been allocated. • Funds programmed in construction cannot be moved out of construction. • An agency may only request a Funding Distribution Change once during the life of the project. Agencies should consider waiting until after the environmental review has been completed to submit a Funding Distribution Change.

The notification to Caltrans must include:
• A revised Project Programming Request that outlines the proposed Funding Distribution Change.
• The reason for the proposed Funding Distribution Change. • The impact the proposed change would have on the overall cost of the project.

The project must remain fully funded.
• A discussion of whether the Funding Distribution Change will affect the benefit of the project as described in the project application.

C. Project Segmenting
The Commission will consider project segmenting requests that aid in the overall delivery of the project.

When preparing a request to segment a project, agencies should consider the following:
• In segmenting a project, phases or segments may not be reprogrammed to later years.
• An agency may only request to segment a project once during the life of a project.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
27 • Segmenting must be approved prior to construction allocation. An allocated phase cannot be segmented.

An agency wishing to segment a project must submit a request to Caltrans that includes the following:
• An explanation of the proposed project segmentation.
• The reason for the proposed project segmentation.
• A map clearly showing each project segment or phase.
• Separate PPRs for each project segment.

Caltrans will review the proposed project segmenting request and forward the proposal along with Caltrans’ written analysis and recommendation to Commission staff for the Commission’s consideration.

VIII. Allocations
When an agency is ready to implement a project or project phase, the agency will submit an allocation request to Caltrans. The typical time required, after receipt of the request, to complete Caltrans review and recommendation and Commission allocation is 60 days.

Caltrans will review the request and determine whether or not to recommend the request to the Commission for action. The recommendation will include a determination of project readiness, the availability of appropriated funding, the availability of all identified and committed supplementary funding, and the consistency with the project’s Baseline Agreement, if applicable. When Caltrans develops its construction allocation recommendation, the Commission expects Caltrans to verify that a project’s plans specifications and estimate are complete, and match the application scope or approved scope amendment, environmental and right-of-way clearances are secured, and all necessary permits and agreements are executed. The Commission will only consider an allocation of construction funds to projects that are ready to advertise. Projects using the design-build or design-sequencing contracting methods shall be considered ready for allocation upon completion of environmental clearance. Readiness for projects to be transferred to the Bureau of Indian Affairs (BIA) or Federal Transit Administration (FTA) shall be consistent with BIA’s or FTA’s definition of readiness for transfer.

In compliance with Section 21150 of the Public Resources Code, the Commission will not allocate funds for a non-infrastructure project or plan, or for design, right-of-way, or construction of an infrastructure project, prior to documentation of environmental clearance under the California Environmental Quality Act (CEQA). As a matter of policy, the Commission will not allocate funds, other than for the environmental phase, for a federally funded project prior to documentation of environmental clearance under the National Environmental Policy Act (NEPA). Exceptions to this policy may be made in instances where federal law allows for the acquisition of right-of-way prior to completion of NEPA review.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
28 The Commission will approve the allocation in whole thousands of dollars and only if the allocation is necessary to implement the project as included in the adopted ATP. The ATP does not fund cost increases. If there is a cost increase to the project, the implementing agency must submit an updated PPR form that identifies the cost increase and the fund source that will cover the cost increase. If funding is not identified to cover the cost increase, the project component will be lapsed. Caltrans implemented projects are the only exception to this provision. The Commission will consider funding a cost increase for Caltrans implemented projects if all other cost saving measures, such as scope modifications, have been exhausted and the project cannot proceed without additional funds. The additional funds will be apportioned from the subsequent ATP cycle. Caltrans cost increase requests must be approved by the Commission in the same manner as project cost increases for other Commission programs.

Applicants that have partnered with an implementing agency must include a copy of the Memorandum of Understanding or Interagency Agreement between the project applicant and implementing agency with the allocation request.

The Commission will consider the allocation request if the funds are available and the allocation is necessary to implement the project as included in the adopted ATP. All allocations are dependent on the availability of ATP funds. If there are insufficient program funds to approve an allocation, the Commission may delay the allocation of funds to a project until the next fiscal year without requiring an extension.

To ensure the timely use of all program funds, the Commission will, contingent upon availability, advance allocate funds to projects programmed in a future fiscal year on a first-come, first-served basis. Should requests for advance allocations exceed available capacity, the Commission will give priority to projects programmed in the current year.

Allocation requests for a project in the MPO selected portion of the program must include a recommendation by the MPO.

Any scope change requests must be presented to Caltrans for consideration prior to allocation in the manner described in Section 28.

29.Bureau of Indian Affairs (BIA)/Federal Transit Administration (FTA) Transfers An implementing agency may request to transfer programmed ATP funds to Bureau of Indian Affairs (BIA) or the Federal Transit Administration (FTA) if the BIA or FTA has greater expertise to administer a project, or if there may be cost savings associated with a project that has multiple components. The implementing agency shall notify Caltrans as early as possible following programming, so that funding eligible for transfer from Federal Highway Administration (FHWA) to the BIA or FTA can be assigned in a timely manner to the project. Caltrans shall make a recommendation to the Commission regarding the readiness of the project for allocation using the same criteria used by the BIA or FTA. The implementing agency should submit the BIA or FTA transfer form to Caltrans along with their allocation request. Caltrans shall add a “BIA Transfer” or “FTA Transfer” notation to the vote box for projects that will require a BIA or FTA Transfer.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
29 IX. Project Delivery

30.Letter of No Prejudice
The Commission will consider approval of a Letter of No Prejudice to advance a project programmed in the ATP. Approval of the Letter of No Prejudice will allow the agency to begin work and incur eligible expenses prior to allocation. The Letter of No Prejudice Guidelines are available on the Commission’s website.

31.Timely Use of Funds
ATP allocations are requested by project phase, Environmental Phase (PA&ED), Design Phase (PS&E), Right-of-Way Phase (R/W), Construction Phase (CON), and Construction Non-Infrastructure (CON-NI), as applicable. Each allocation must be requested in the fiscal year that the phase is programmed. When programmed funds are not allocated within the fiscal year programmed or within the time allowed by an approved extension, the funds will lapse, and the phase will be deleted from the Active Transportation Program.

The Commission may extend the deadline only once for each allocation phase and only if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. The extension will not exceed the period of delay directly attributed to the extraordinary circumstance and cannot exceed twelve months. If extraordinary issues exist that require a longer extension, the implementer may request up to 20 months for allocation only. Extension requests for a project in the MPO selected portion of the program must include a recommendation by the MPO, consistent with the preceding requirements.

Funds allocated for Project Approval and Environmental Document (PA&ED), Plans, Specifications, and Estimates (PS&E), and Right-of-Way (R/W) costs must be expended by the end of the second fiscal year following the fiscal year in which the funds were allocated. The implementing agency must invoice Caltrans for these costs no later than 180 days after the expenditure or completion deadline.

Construction contracts must be awarded and executed within six months of construction allocation. The Commission may extend the contract award deadline only once if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. The extension will not exceed the period of delay directly attributed to the extraordinary circumstance and cannot exceed twelve months.

After award of the contract, the implementing agency has up to 36 months to complete (accept) the contract. At the time of construction fund allocation, the implementing agency may request, and the Commission may approve extending the deadline for completion of work and the liquidation of funds if necessary to accommodate the proposed expenditure plan for the project.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
30 The Commission may extend the deadlines for expenditures for project development or right-of-way, or for contract completion no more than one time, only if it finds that an unforeseen and extraordinary circumstance beyond the control of the responsible agency has occurred that justifies the extension. The extension will not exceed the period of delay directly attributed to the extraordinary circumstance and cannot exceed more than 12 months for project completion and 12 months for expenditure.

Except for the allocation of funds, the request to extend the deadline for any of the above must be received by Caltrans prior to the expiration date. For allocation of funds, the time extension must be approved by the Commission by June 30th of the year the funds are programmed; otherwise the funds will lapse.

Projects with a right-of-way phase programmed must commence the right-of-way phase within ten years of receiving Project Approval and Environmental Document and/or Plans, Specifications, and Estimates funding through ATP, and must commence construction within ten years of receiving right-of-way funding through ATP. Projects without a right-of-way phase programmed must commence construction within ten years of receiving Project Approval and Environmental Document and Plans, Specifications, and Estimates funding through ATP. Otherwise, the implementing agency must repay the ATP funds and the repaid funds may be made available for redistribution in the subsequent programming cycle.

If there are insufficient funds, the Commission may delay the allocation of funds to a project until the next fiscal year without requiring an extension. It is incumbent upon the implementing agency to develop accurate project cost estimates. If the amount of a contract award is less than the amount allocated, or if the final cost of a phase is less than the amount allocated, the savings generated will not be available for future programming.

Caltrans will track the delivery of ATP projects and submit to the Commission the required reports showing the delivery of each project phase.

32.Delivery Deadline Extensions
The Commission may extend a delivery deadline, as described in Section 31, upon the request of the implementing agency. No deadline may be extended more than once.

However, there are separate deadlines for allocations, contract award, expenditures, and project completion. Each project phase has its own deadline. The Commission may consider the extension for each deadline separately.

All requests for project delivery deadline extensions shall be submitted directly to Caltrans for processing prior to the expiration date. The extension request should describe the specific circumstance that justifies the extension and identify the delay directly attributable to the circumstance. Caltrans will review and prepare a written analysis of the proposed extension requests and forward the written analysis and recommendation to the Commission for action.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
31 33.Federal Requirements
Unless fully programmed for state-only funding, project applicants must comply with the provisions of Titles 23 and 49 of the U.S. Code of Federal Regulations and with the processes and procedures for federally funded projects contained in the Caltrans Local Assistance Procedures Manual and the Master Agreement with Caltrans. Below are examples of federal requirements that must be met when administering ATP projects. • National Environmental Policy Act (NEPA) compliance and documentation is required on all projects. Refer to the Local Assistance Procedures Manual, Chapter 6: Environmental Procedures, for guidance and procedures on complying with NEPA and other federal environmentally related laws. • Project applicants may not proceed with the final design of a project or request “Authorization to proceed with Right-of-Way” or “Authorization to proceed with Construction” until Caltrans has signed a Categorical Exclusion, a Finding of No Significant Impact, or a Record of Decision. Failure to follow this requirement will make the project ineligible for federal reimbursement.
• If the project requires the purchase of right of way (the acquisition of real property), the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 apply. For more information, refer to the Local Assistance Procedures Manual, Chapter 13, Right of Way. • If the project applicant requires the consultation services that include but are not limited to the services of architects, landscape architects, land surveyors, or engineers, the procedures in the Chapter 10, Consultant Selection, of the Local Assistance Procedures Manual must be followed. The naming of a partner in the application does not negate this requirement.
• Contract documents are required to incorporate applicable federal requirements such as Davis Bacon wage rates, competitive bidding, Disadvantaged Business Enterprises/Equal Employment Opportunity provisions, etc. For more information, refer to the Local Assistance Procedures Manual, Chapter 9, Civil Rights and Disadvantaged Business Enterprises, and Chapter 12, Plans, Specifications & Estimate.
• Failure to comply with federal requirements may result in the repayment of ATP funds to the State.

34.Design Standards
Streets and Highways Code Section 891 requires that all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted utilize all minimum safety design criteria established by Caltrans, except that an agency may utilize other minimum safety design criteria if specific conditions are met, as described in Streets and Highways Code Section 891(b). The Caltrans Local Assistance Procedures Manual, Chapter 11, Design Guidance, describes statewide design standards, specifications, procedures, guides, California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
32 and references that are acceptable in the geometric, drainage, and structural design of Local Assistance projects.

For capital projects off the state highway system, the project applicant will be responsible for the ongoing operations and maintenance of the facility. If another entity agrees to assume responsibility for the ongoing operations and maintenance of the facility, documentation of the agreement must be submitted with the project application, and a copy of the Memorandum of Understanding or Interagency Agreement between the parties must be submitted with the request for allocation.

All facilities constructed using ATP funds cannot revert to non-ATP use for a minimum of 20 years or its actual useful life as documented in the project application, whichever is less, without the approval of the Commission. The exception to this is ATP-funded quick-build projects.

35.Project Inactivity
Once funds for a project are encumbered, project applicants are expected to invoice on a regular basis (for federal funds, see 23 CFR 630.106 and the Caltrans’ Inactive Obligation Policy). Failure to do so will result in the project being deemed “inactive” and subject to de-obligation if proper justification is not provided.

36.Project Cost Savings
Savings at contract bid may be used to expand the scope of the project only if the expanded scope provides additional quantifiable active transportation benefits. The expanded scope must be approved by Commission staff prior to contract award. All other contract bid savings will be returned proportionally.

Savings at project completion must be returned proportionally except when an agency has, subsequent to project programming, committed additional funds to the project to fund a cost increase. In such instances, savings at project completion may be returned to other fund types first, until the proportions match those at programming. Any additional savings at project completion must be returned proportionally.

Any amount allocated for environmental may also be expended for design. In addition, a local agency may expend an amount allocated for environmental, design, right of way, construction (infrastructure) or construction (non-infrastructure) for another allocated project phase, provided that the total expenditure shifted to a phase in this way is not more than 20 percent of the amount actually allocated for either phase. This means that the amount transferred by a local agency from one phase to another may be no more than 20 percent of whichever of the phases has received the smaller allocation from the Commission.

If an implementing agency requests an allocation of funds in an amount that is less than the amount programmed, the balance of the programmed amount may be allocated to a programmed project advanced from a future fiscal year. Project savings, including California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
33 savings from projects programmed in the MPO component, will return to the overall ATP and be available to a programmed project advanced from a future fiscal year.

37.Project Cancellation
If an implementing agency elects to cancel a project, the agency must cease all invoicing and relinquish any remaining funds to the program.

Project cancellations in the Project Approval and Environmental Document (PA&ED), Plans, Specifications, and Estimates (PS&E), and Right-of-Way (R/W) phases require repayment of the reimbursed ATP funds if the investment does not result in a physical improvement within ten years. Project cancellations directly related to compliance with another federal and/or state law, such as NEPA and CEQA, do not require repayment. If an implementing agency feels repayment is not required on a project canceled in the PA&ED, PS&E or R/W phase, the implementing agency must submit a written request to Caltrans. Caltrans will review the request, obtain FHWA concurrence for federally funded projects, and forward the request and a written recommendation to the Commission staff for the Commission’s consideration.

38.Project Reporting
The purpose of all required reports is to ensure that the project is executed on time and within budget, and that it delivers the scope and benefits identified in the project application. The ATP adheres to the program accountability requirements set forth in the SB1 Accountability and Transparency Guidelines. The reporting provisions specified in the SB 1 Accountability and Transparency Guidelines apply to all projects programmed in the ATP.

All implementing agencies must submit regular progress reports, a completion report, and a final delivery report to Caltrans. Implementing agencies should refer to the Local Assistance website for details. Implementing agencies must submit photographs of the completed project as part of the Completion Report. Photos showing people using the completed facility are best. If there are recognizable faces in the photos, the agency must include a photo release waiver with the report. Photographs of the completed project should be at least 300 dots per inch (DPI). Implementing agencies will also be encouraged to submit photographs of the project with progress reports when significant project milestones are achieved.

An agency implementing a project in the MPO selected portion of the program is required to also submit copies of all of its reports to the MPO. However, all agencies are encouraged to submit copies of their reports to their MPO or RTPA.

Projects with a Bureau of Indian Affairs or Federal Transit Administration transfer must comply with the reporting requirements set forth by the Bureau of Indian Affairs or the Federal Transit Administration.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
34 39.Audits
The audit requirements outlined in the SB 1 Accountability and Transparency Guidelines apply to all projects programmed in the ATP.

X. Roles and Responsibilities

40.California Transportation Commission (Commission)
The Commission responsibilities include:
• Adopting guidelines and policies for the ATP.
• Adopting the ATP fund estimate.
• Evaluating, scoring, and ranking projects, including forming and facilitating the Project Evaluation Committee.
• In consultation with regional agencies and Caltrans, recommending and adopting a program of projects, including:
o The statewide component of ATP,
o The small urban & rural component of ATP, and
o The MPO-selected component of the program based on the recommendations of the MPOs.
o Ensuring that at least 25% of the funds benefit disadvantaged communities. • Maintaining a contingency list of projects to be amended into the program in the event a programmed project is delivered under the programmed amount or if a project fails, approving and recommending such amendments for Commission approval. This contingency list will be in effect only until the adoption of the next statewide program.
• Posting recommendations and final adopted list of approved projects on the Commission’s website.
• Allocating funds to projects.
• Publishing a Status Report of the ATP annually to increase the transparency of the program and show the progress of the programmed projects. • Reviewing project amendment requests and recommending approval or denial to the Commission.
• Evaluating the program and reporting to the legislature.

41.California Department of Transportation (Caltrans)
Caltrans has the primary responsibility for the administration of the adopted ATP.

Responsibilities include:

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
35 • Preparing and providing statewide program and procedural guidance.

Conducting outreach through various networks such as, but not limited to, the ATP website, and at conferences, meetings, or workgroups. • Developing and providing program training.
• Soliciting project applications for the program.
• Performing eligibility and deliverability reviews of ATP projects at the Commission’s request and inform the Commission of any identified issues in writing and before consensus scores are submitted by the evaluators. • Assisting as needed in functions such as facilitating project evaluation teams and evaluating applications.
• Notifying successful applicants of their next steps after each call for projects. • Recommending project allocations (including funding type) to the Commission. • Making project amendment recommendations to the Commission. • Tracking and reporting on project implementation, including project completion. • Creating reports required by the Commission and solicit implementing agencies to submit required reports in a timely manner.
• Performing audits of selected projects in accordance with generally accepted government auditing standards.
• Serving as the main point of contact in project implementation, including administering the contract(s) for the Active Transportation Resource Center.

42.Metropolitan Planning Organizations (MPOs) With Large Urbanized Areas MPOs with large urbanized areas are responsible for overseeing a competitive project selection process in accordance with these guidelines. The responsibilities include:
• Ensuring that at least 25% of the funds in each MPO benefit disadvantaged communities.
• If using different project selection criteria or weighting, minimum project size greater than $500,000, match requirement, or definition of disadvantaged communities for its competitive selection process, the MPO must obtain Commission approval prior to the MPO’s call for projects. • If electing to have a supplemental MPO specific call for projects, the projects within the MPO boundaries that were not selected through the statewide competition must be considered along with those received in the supplemental call for projects. An MPO must notify the Commission of their intent to have a supplemental call no later than the application deadline. • An MPO electing to have a supplemental MPO specific call for projects must submit copies of all applications received by the MPO. Projects recommended for California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
36 programming by an MPO will not be considered for funding unless the application is received by the designated deadline.
• In administering a competitive selection process, an MPO must use a multidisciplinary advisory group to assist in evaluating project applications. • In administering a competitive selection process, an MPO must explain how the projects recommended for programming by the MPO include a broad spectrum of projects to benefit pedestrians and bicyclists. The explanation must include a discussion of how the recommended projects benefit students walking and cycling to school.
• An MPO choosing to use the same project selection criteria and weighting, minimum project size, match requirement, and definition of disadvantaged communities as used by the Commission for the statewide competition may delegate its project selection to the Commission. An MPO delegating its project selection to the Commission must notify the Commission by the application deadline and may not conduct a supplemental call for projects. • If electing to have a contingency list of projects to be amended into the program in the event a programmed project is delivered for less or fails, approving and recommending such amendments for Commission approval. This contingency list will be provided to the Commission and will be in effect only until the adoption of the next statewide program.
• Recommend allocation requests for a project in the MPO selected portion of the program.
• Determining which projects to advance and make that recommendation to the Commission in consultation with Commission staff and Caltrans. • Submitting an annual assessment of its portion of the program in terms of its effectiveness in achieving the goals of ATP.

In addition, the Southern California Association of Governments (SCAG) must follow the statutory requirements applying specifically to them as outlined in Section 6 of these guidelines.

43.Regional Transportation Planning Agencies (RTPAs) Outside an MPO with Large Urbanized Areas and MPOs without Large Urbanized Areas The Regional Transportation Planning Agencies and MPOs (outside the ten large MPOs) may make recommendations or provide input to the Commission regarding the projects within their boundaries that are applying for ATP funding.

44.Project Applicant
Project applicants nominate ATP projects for funding consideration by submitting an application by the deadline. If awarded ATP funding for a submitted project, the project applicant (or partnering implementing agency if applicable) has contractual California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
37 responsibility for carrying out the project to completion and complying with reporting requirements in accordance with federal, state, and local laws and regulations, and these guidelines.

For infrastructure projects off the state highway system, the project applicant will be responsible for the ongoing operations and maintenance of the facility. If another entity agrees to assume responsibility for the ongoing operations and maintenance of the facility, documentation of the agreement must be submitted with the project application, and a copy of the Memorandum of Understanding or Interagency Agreement between the parties must be submitted with the request for allocation.

For all projects receiving SB 1 funds, the implementing agency must include signage stating that the project was made possible by SB 1 – The Road Repair and Accountability Act of 2017. The signage should be in compliance with applicable federal or state law, and Caltrans’ manual and guidelines, including but not limited to the provisions of the California Manual on Uniform Traffic Control Devices.

XI. Program Evaluation
The Active Transportation Program will be evaluated for its effectiveness in increasing the use of active modes of transportation in California. Applicants that receive funding for a project must collect and submit data to Caltrans as described in the “Project Reporting” section.

The Commission will include in its annual report to the Legislature a discussion on the effectiveness of the program in terms of planned and achieved improvement in mobility and safety and timely use of funds, and will include a summary of its activities relative to the administration of ATP including projects programmed, projects allocated, projects completed to date by project type, projects completed to date by geographic distribution, projects completed to date by benefit to disadvantaged communities, and projects completed to date with the California Conservation Corps or certified local community conservation corps.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
38 XII. Appendix A
Active Transportation Plan for Disadvantaged Communities Guidance for Plans
A city, county, county transportation commission, regional transportation planning agency, MPO, school district, or transit district may prepare an active transportation plan (bicycle, pedestrian, safe-routes-to-school, or comprehensive). An active transportation plan prepared by a city or county may be integrated into the circulation element of its general plan or a separate plan which is compliant or will be brought into compliance with the Complete Streets Act, Assembly Bill 1358 (Chapter 657, Statutes of 2008). An active transportation plan must include, but not be limited to, the following components or explain why the component is not applicable:

A. Mode Share: The estimated number of existing bicycle trips and pedestrian trips in the plan area, both in absolute numbers and as a percentage of all trips, and the estimated increase in the number of bicycle trips and pedestrian trips resulting from implementation of the plan.

B. Description of Land Use/Destinations: A map and description of existing and proposed land use and settlement patterns which must include, but not be limited to, locations of residential neighborhoods, schools, shopping centers, public buildings, major employment centers, major transit hubs, and other destinations.

Major transit hubs must include, but are not limited to, rail and transit terminals, and ferry docks and landings.

C. Pedestrian Facilities: A map and description of existing and proposed pedestrian facilities, including those at major transit hubs and those that serve public and private schools.

D. Bicycle Facilities: A map and description of existing and proposed bicycle transportation facilities including those at major transit hubs and those that serve public and private schools.

E. Bicycle Parking: A map and description of existing and proposed end-of-trip bicycle parking facilities. Include a description of existing and proposed policies related to bicycle parking in public locations, private parking garages and parking lots and in new commercial and residential developments. Also include a map and description of existing and proposed bicycle transport and parking facilities for connections with and use of other transportation modes. These must include, but not be limited to, bicycle parking facilities at transit stops, rail and transit terminals, ferry docks and landings, park and ride lots, and provisions for transporting bicyclists and bicycles on transit or rail vehicles or ferry vessels.

F. Wayfinding: A description of existing and proposed signage providing wayfinding along bicycle and pedestrian networks to designated destinations.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
39 G. Non-Infrastructure: A description of existing and proposed bicycle and pedestrian education and encouragement programs conducted in the area included within the plan.

H. Collision Analysis: The number and location of collisions, serious injuries, and fatalities suffered by bicyclists and pedestrians in the plan area, both in absolute numbers and as a percentage of all collisions and injuries, and a goal for collision, serious injury, and fatality reduction after implementation of the plan.

I. Equity Analysis: Identify census tracts that are considered disadvantaged or lowincome and identify bicycle and pedestrian needs of those disadvantaged or lowincome residents, including lack connectivity to key destinations, mobility challenges, public health concerns, and safety issues.

J. Community Engagement: A description of the extent of community involvement in development of the plan, including disadvantaged and underserved communities.

K. Coordination: A description of how the active transportation plan has been coordinated with neighboring jurisdictions, including school districts within the plan area, and is consistent with other local or regional transportation, air quality, housing or energy conservation plans, including, but not limited to, general plans and a Sustainable Community Strategy in a Regional Transportation Plan, and local or regional housing plans or process improvements that are adopted or in development.

L. Prioritization: A description of the projects and programs proposed in the plan and a listing of their priorities for implementation, including the methodology for project prioritization and a proposed timeline for implementation.

M. Funding: A description of future financial needs for projects and programs that improve safety and convenience for bicyclists and pedestrians in the plan area.

Include anticipated cost, revenue sources and potential funding for bicycle and pedestrian uses.

N. Implementation: A description of steps necessary to implement the plan and the reporting process that will be used to keep the adopting agency and community informed of the progress being made in implementing the plan.

O. Maintenance: A description of the policies and procedures for maintaining existing and proposed bicycle and pedestrian facilities, including, but not limited to, the maintenance of smooth pavement, ADA level surfaces, freedom from encroaching vegetation, maintenance of traffic control devices including striping and other pavement markings, and lighting.

P. Resolution: A resolution showing adoption of the plan by the city, county, or district. If the active transportation plan was prepared by a county transportation commission, regional transportation planning agency, MPO, school district or California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
40 transit district, the plan should indicate the support via resolution of the city(s) or county(s) in which the proposed facilities would be located.

A city, county, school district, or transit district that has prepared an active transportation plan may submit the plan to the county transportation commission or transportation planning agency for approval. The city, county, school district, or transit district may submit an approved plan to Caltrans in connection with an application for funds for active transportation facilities which will implement the plan.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
41 XIII. Appendix B
Example Projects
This is a list of projects considered generally eligible for ATP funding. It is not intended to be comprehensive; other types of projects that are not on this list may also be eligible if they further the goals of the program. Individual components or elements of an otherwise eligible project may not be eligible.

Infrastructure Projects:
• Development of new bikeways and walkways that improve mobility, access, or safety for non-motorized users.
• Improvements to existing bikeways and walkways, which improve mobility, access, or safety for non-motorized users.
o Elimination of hazardous conditions on existing bikeways and walkways. o Preventative maintenance of bikeways and walkways with the primary goal of improving the active transportation operations/usability extending the service life of the facility.
• Installation of traffic control devices to improve the safety of pedestrians and bicyclists.
• Safe Routes to School projects that improve the safety of children walking and bicycling to school, in accordance with Section 1404 of Public Law 109-59. • Safe routes to transit projects, which will encourage transit by improving biking and walking routes to mass transportation facilities and school bus stops. • Safe routes for seniors projects that increase walking and biking among older adults and create routes that connect to activities that improve quality of life. • Secure bicycle parking at employment centers, park and ride lots, rail and transit stations, and ferry docks and landings for the benefit of the public. • Bicycle-carrying facilities on public transit, including rail and ferries. • Establishment or expansion of a bike share program.
• Recreational trails and trailheads, park projects that facilitate trail linkages or connectivity to non-motorized corridors, and conversion of abandoned railroad corridors to trails.
• Bicycle highways that provide fast, direct connections between major destinations, aimed primarily at commuters.
• Complete low-stress bicycle networks that connect key community destinations through low-speed, low-traffic streets, separated paths, and protected bikeways. • For quick-build projects, please refer to Appendix D.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
42 Plan Projects:
• Development of a community-wide bike, pedestrian, safe routes to schools, or active transportation plan in a disadvantaged community.

Non-Infrastructure Projects:
o Education and encouragement programs to increase bicycling, walking, or other non-motorized rolling. Program activities could include any of the following: development and implementation encouragement days, such as bike-to-work, bike-to-school, walk-to-work, and walk-to-school days. o Conducting pedestrian and bicycle safety education programs, such as bike rodeos, mock cities, classroom or physical education curriculum about walking and biking, school or community-wide bicycle clinics, etc. o Development of community walking and biking maps, including school route/travel plans.
o Development and implementation of walking school bus or bike train programs.
o Demonstration projects or events directly linked to the promotion of a new infrastructure project or designed to promote walking and biking on a daily basis.
o Building community partnerships that emphasize activities directly related to improving pedestrian and bicyclist safety.
o School crossing guard training.
o Conducting NI program evaluation (such as administering surveys, evaluating knowledge or improved skills, or tracking participation) o Conducting walkability and/or bikeability audits.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
43 XIV. Appendix C
Active Transportation Program Guidelines
California Conservation Corps and
Certified Local Community Conservation Corps
These guidelines are the policies and procedures specific to the most recently adopted Active Transportation Program (ATP) that is directed to the California Conservation Corps and certified Local Community Conservation Corps. The final fiscal year for California Conservation Corps and certified Local Community Conservation Corps was fiscal year 2021-22. The 2023 Active Transportation Program does not direct any funding to the California Conservation Corps and Certified Local Community Conservation Corps.

Authority and Purpose
Senate Bill 1 (Beall, Chapter 5, Statutes of 2017), signed by the Governor on April 28, 2017, directs $100 million annually from the Road Maintenance and Rehabilitation Account to the ATP beginning in the 2017-18 fiscal year. In addition, Assembly Bill 97 (Ting, Chapter 14, Statutes of 2017) directs $4 million of the $100 million annually, beginning in the 2017-18 fiscal year for the next five years, to the California Conservation Corps for active transportation projects to be developed and implemented by the California Conservation Corps and certified Local Community Conservation Corps. The availability of these funds is subject to annual appropriation by the Legislature. Not less than 50% of these funds shall be in the form of grants to certified Local Community Conservation Corps, as defined in Section 14507.5 of the Public Resources Code. Unless otherwise specified in these guidelines, the Commission will follow the most recently adopted ATP Guidelines..

Active Transportation Program Goals
The purpose of ATP is to encourage increased use of active modes of transportation by achieving the following goals:
• Increase the proportion of trips accomplished by biking and walking, • Increase safety and mobility for non-motorized users, • Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals, pursuant to Senate Bill 375 (0f 2008) and Senate Bill 341 (of 2009),
• Enhance public health,
• Ensure that disadvantaged communities fully share in the benefits of the program and provide a broad spectrum of projects to benefit many types of active transportation users.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
44 Eligible Project Types
Eligible projects include projects that meet the goals of ATP as listed above and may be part of an existing bicycle or pedestrian transportation plan, safe routes to school plan, active transportation plan for disadvantaged communities, or multi-use or recreational trail plan. Examples of typical project work can be found in the Commission’s ATP Guidelines.

The California Conservation Corps and certified Local Community Conservation Corps will consider, but not be limited to, projects with the following elements:
• Repair, remove and replace sidewalks
• Sign installation
• Irrigation
• Landscaping
• Demolition and deconstruction
• Tree planting
• Trail construction
• Bike locker and bike rack installation
• Fencing
• Outreach and education
When the California Conservation Corps or a certified Local Community Conservation Corps elect to partner with an ATP eligible applicant to implement the project, the California Conservation Corps and/or certified Local Community Conservation Corps will only consider those projects where at least 75% of the project cost includes items where the California Conservation Corps and/or certified Local Community Conservation Corps can participate.

Minimum and Maximum Request for Funds
The minimum request for ATP funds by the California Conservation Corps and certified Local Community Conservation Corps that will be considered is $50,000. The maximum requests for funds will not exceed the available levels of funding for each fiscal year.

Co-Applicants
The California Conservation Corps or a certified Local Community Conservation Corps can serve as the lead applicant or may partner with an entity that will serve as the lead applicant and implementing agency, and therefore the partnering agency assumes responsibility for the ongoing operations and maintenance of the facility/project.

Documentation of the agreement between the California Conservation Corps or a certified Local Community Conservation Corps and the partnering agency (e.g., letter of intent) must be submitted with the project application(s).

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
45 Eligible co-applicants include:
• Local, Regional or State Agencies (e.g. city, county, Metropolitan Planning Organization, and Regional Transportation Planning Agency) • Caltrans
• Transit Agencies (any agency responsible for public transportation that is eligible for funds under the Federal Transit Administration)
• State or Local Park or Forest Agencies
• State or Local Fish and Wildlife Agencies
• Department of Interior Land Management Agencies
• U.S. Forest Service
• Tribal Governments
• Private nonprofit tax-exempt organizations eligible for Recreational Trails Program funds. These program funds can only be used for projects such as recreational trails and trailheads, park projects that facilitate trail linkages or connectivity to non-motorized corridors, and conversion of abandoned railroad corridors to trails. Projects must benefit the general public, and not only a private entity
• Any other entity with responsibility for oversight of transportation or recreational trails that the Commission determines to be eligible
Project Selection Criteria
The project selection process carried out by the Corps will adhere to and conform to the Commission schedule for each ATP funding cycle. Projects will be selected by the Corps on a competitive basis and will be scored and ranked on the basis of applicant response to the following criteria:
• Projects can commence construction within six months of an award and shall be completed within two years from the project start date. • Benefit to disadvantaged communities - a minimum of 25% of all California Conservation Corps and certified Local Community Conservation Corps proposals that are approved must benefit a Disadvantaged Community as defined by median household income, CalEnviroScreen, or Free or Reduced Priced School Meals as defined in the ATP Guidelines.
• Ability to further the goals of ATP.
• Ability to leverage other funds.

Project Selection Process
Applicants must submit an electronic version of the complete grant application package to the California Conservation Corps by the annual deadline reflected in these California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
46 guidelines. Application packages will be reviewed for completeness and eligibility and evaluated by a review committee using established criteria. The review committee will consist of separate and designated teams of California Conservation Corps and certified Local Community Conservation Corps representatives.

The California Conservation Corps must submit funding recommendations to the Caltrans ATP Managers for review. The recommendations must include a substitution list of projects that will be considered for funding in the event projects from the recommended funding list are unable to proceed. The projects recommended for funding must also provide a Project Programming Request (PPR) form and the following information must be provided: project name, lead agency, partnering agency, project location, project description/scope, cost estimate, delivery schedule, project score from competitive review process.

Caltrans ATP Managers will review the project list and make a recommendation to Commission staff for approval. Commission approval of the list of projects recommended for funding is required prior to the lump-sum allocation of funding to Caltrans.

In the event a project is removed, or savings are generated from the funding list, a project from the substitution list may be awarded as long as there is sufficient capacity to allow this substitution. Project substitution must be reported to the Commission. The California Conservation Corps administers the program of projects approved by the Commission and is responsible for reporting on the program pursuant to Section XI of the 2021 Active Transportation Program Guidelines.

Environmental Review
Pursuant to Public Resources Code Sections 21102 and 21150, the Commission must consider the environmental impacts of a project prior to making an allocation of funds.

California Environmental Quality Act (CEQA) compliance documentation for the proposed California Conservation Corps and certified Local Community Conservation Corps projects must be provided as follows:

For projects that are exempt from CEQA, documentation of the exemption must be provided with the project application and included with funding recommendations submitted to Caltrans ATP Managers for review. Project lists being submitted to the Commission for consideration of a lump sum allocation must cite the date the CEQA exemption was cleared.

For projects that are not exempt from CEQA, and for which an environmental document has been prepared and approved, documentation of the CEQA clearance must be provided with the project application. The Commission must consider the environmental document and approve the project for future funding via the issuance of an e-resolution.

E-resolutions must be obtained at a Commission meeting that is either prior to, or concurrent with, the lump sum allocation request.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
47 For more information on the process by which to obtain an e-resolution see the Commission website. Allocation requests will be brought forward for Commission consideration by Caltrans Local Assistance.

If the project is subject to the National Environmental Policy Act (NEPA) it is the Commission’s policy that documentation of NEPA clearance is provided with the project application and prior to allocation of funds.

Allocation
The California Conservation Corps’ list of projects recommended for funding will be submitted for approval and lump sum allocation by the Commission pursuant to the schedule identified in these guidelines and in accordance with this section.

The Commission will allocate the funds to Caltrans as a lump-sum and Caltrans will sub-allocate funding to the California Conservation Corps.

For projects exempt from CEQA, at the time of allocation, the date of the CEQA exemption determination by the lead agency must be noted in the list of projects being approved for allocation.

For projects not exempt from CEQA, and for which an environmental document has been prepared and approved, an e-resolution must be issued by the Commission prior to the list of projects being approved for allocation pursuant to Section IX of the 2021 Active Transportation Program Guidelines.

The Commission’s expectation is that consistent with the requirements of the overall Active Transportation Program, the Corps will administer these funds to the recipients on a reimbursement basis. The availability of these funds is subject to annual appropriation by the Legislature. The California Conservation Corps will submit an allocation request to Caltrans. The California Conservation Corps is responsible for the expenditures of all allocated funds. Costs incurred prior to Commission allocation are not eligible for reimbursement.

Reporting
The California Conservation Corps is required to submit semi-annual project status reports for the program as well as project completion reports within six months of construction contract acceptance or the project becoming operable (open to the public) and a final delivery report within 180 days of the conclusion of all remaining project activities to Caltrans. Refer to the most recent Commission ATP Guidelines for reporting requirements.

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
48 XV. Appendix D
Guidance for the 2023 ATP Quick-Build Project Phase II Pilot Program
The 2023 ATP will include a phase II pilot program for quick-build projects. The 2021 ATP included a Quick-Build Project Pilot Program to which eight projects were programmed, totaling $4,400,000 in ATP funding. The phase II pilot program will allow the Commission to refine quick-build project evaluation criteria and reporting requirements and address delivery issues. The Commission anticipates dedicating a maximum of $7,000,000 to quick-build projects in the 2023 ATP. The Commission may select several quick-build projects, or none.

Quick-build projects are interim capital improvement projects that further the goals of the ATP. These projects require minor construction activities and are typically built with durable, low to moderate cost materials, and last from one year to five years. These projects have moderate design flexibility to anticipate adjustments that may occur based on community feedback. The purpose of a quick-build project is to immediately implement safety needs, allowing a community to benefit quickly from improvements made, and/or allow the people of a community affected by the project to provide input and test the project improvements before they are permanently constructed.

Quick-build projects are distinguished from temporary demonstration projects by the types of materials used and the intended duration of the project. In addition, quick-build projects have a data collection and study period that lasts from the beginning of the project through completion. Unlike traditional capital projects, quick-build projects can be adjusted; they can be changed based on community input and further technical analysis over time. If the quick-build project is successful, it will later be made permanent. If it is not successful, it can be easily deconstructed. Quick-build projects are intended to remain in place until capital upgrades are possible. All quick-build projects considered for funding in the ATP are expected to collect data to inform the approach for the project. Objective metrics are an important part of the process, both for making necessary adjustments and demonstrating success. Examples of data that can be collected are: surveys to show how many customers get to key destinations within the project area without cars; analyzed sales tax data to show faster-than-average retail growth on redesigned streets; number of collisions and injuries before and after the quick-build project; and vehicle speeds, volumes and travel times.

Quick-build projects considered for funding in the ATP must be supported by the jurisdiction in which they are located. Government leadership and involvement is required.

Funding Overview
ATP funding is available for the construction phase only. If the project is expected to be delivered using the design-build method, the applicant may include the cost of design in the construction phase. Applicants must specify the delivery method that they wish to California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
49 use in the application. The project must have environmental clearance or categorical exemption at the time of application. A project that is in a plan that cleared CEQA qualifies.

Funding will be available for programming in fiscal years 2022-23, 2023-24, and 2024-

25. Reporting Requirements
Quick-build projects must adhere to reporting requirements set forth in the ATP guidelines. Funded quick-build projects will be required to attach a new layout plan with each report that is submitted. Quick-build projects are not required to submit reports in CalSMART; however, quarterly reports are required, and more frequent reports and updates may be required if requested. Implementing agencies will be required to submit a Completion Report that includes photographs of project layouts and a narrative on project outcomes and lessons learned. If there are recognizable faces in the photos, the agency must include a photo release waiver with the report. Instructions on what to report on, where and when to submit reports will be provided to successful quick-build project applicants.

Time Extensions
The Commission will only consider quick-build project time extensions in extraordinary circumstances. Implementing agencies may request to extend a delivery deadline as described in Section 31 of these Guidelines. Approved time extensions are limited to three months per delivery deadline.

Scope Changes
Quick-build projects are expected to be flexible and to change based on community testing and feedback. Implementing agencies must submit new project layouts during each reporting period to reflect adjustments made based on community feedback.

Quick-build projects that propose to make substantial changes that differ significantly from the anticipated project scope must follow the Project Amendment process outlined in Section 28 of these guidelines. Substantial changes include but are not limited to a change in project location or the removal of the project. Implementing agencies should inform Caltrans of any potentially significant changes.

Application Requirements
To be considered for the phase II pilot program, applicants must submit a project nomination to Commission staff. The nomination form and attachments can be found on the Commission website. Project nominations must be postmarked by the deadline specified in the ATP guidelines. Applicants must submit one (1) electronic copy of the nomination package by June 15, 2022. Applications should be sent via e-mail to [email protected].

California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
50 The project nomination should include the following information and be organized in the following order:
1) Cover Letter
2) Applicant Information
a) Implementing agency’s name
b) Implementing agency’s address
c) Implementing agency’s contact person and title
d) Implementing agency’s phone number and email address e) Does the implementing agency have a master agreement with Caltrans? 3) Project Information.
a) Project Name
b) Project Description (summary of anticipated project scope) c) Project Location (Attach a map)
d) Total Project Cost
e) Project Layout Plan(s)
i) Project Map/Plans showing existing conditions and the initial project layout.

Applicants are encouraged to provide additional examples of potential layouts that show that the project is flexible and can be adjusted based on community feedback.
f) Anticipated project duration (Start and end dates of the quick-build project) g) List of project partners (Attach support letters, if applicable) h) Project schedule
i) Contracting Plan:
i) Quick-build projects may not be compatible with traditional contracting processes. What is the plan for contracts or other solutions? j) Maintenance Plan for the project:
i) What is the plan for the time, funding, and equipment needed for replacing damaged materials or other required maintenance?
k) What are the right-of-way impacts, if any?
l) Is the project in an approved plan reviewed for CEQA compliance? i) If no, has the project received CEQA approval?
4) ATP Project Programming Request (PPR) (Attachment)
5) Project Cost Estimate (Attachment): The cost estimate should include items in the anticipated project scope and potential design alternatives. Items should not be California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
51 counted more than once if included in more than one design alternative. For quickbuild projects, materials can be adjusted based on community input during the design and testing process.
6) Provide a narrative addressing the following items in no more than 4 pages:
a) Statement of project need: Describe the issue(s) that this project will address.

How will the proposed project benefit the non-motorized users? What is the project's desired outcome?
b) Describe the project location’s history of pedestrian and bicycle collisions and any other safety concerns which this project will mitigate. (Attach a collision heat map if applicable.) If the applicant is trying to direct bike/walk traffic away from dangerous areas, data from nearby locations/corridors may be used. c) Describe the community based public participation process that culminated in the project. Include discussions of:
i) Who was engaged in the identification and development of this project? How were they engaged? Describe the type, extent, and duration of outreach and engagement conducted to relevant stakeholders.
ii) How will the project serve as an engagement strategy? Address how the engagement will entice potential users to experience the project. How will stakeholders continue to be engaged throughout the duration of the project? How will users provide input into design modifications and how will these suggestions be used to inform changes?
d) Referencing the potential project layout plan(s), describe the anticipated scope of the quick-build project and potential ways in which the project can be adjusted to address community feedback.
e) How will the effectiveness of the project be measured? i) Discuss the data collection methods that will be used to refine the approach for the currently planned project or future projects.
ii) Discuss the effectiveness measures that will be evaluated (public support, mode shift, safety, etc.) and the tools that will be used (such as surveys, counts, observations, etc.) to quantify the success.
f) Describe how your project will transform the non-motorized environment. g) Describe your agency’s long-term plan for the quick-build project. How will it inform future capital infrastructure projects?
California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
52 Evaluation Process
Commission staff and Quick-Build Technical Advisory Committee members will evaluate the quick-build project submittals. Commission staff will use the following criteria to evaluate the quick-build project submittals:

Scoring Topic Subtopics Points
Need & Safety Evidence that will benefit non-motorized users, including students, older adults, and
disadvantaged communities.
25 Evidence that the project will quickly address an
urgent safety need.
20 Community Engagement &
Interagency Support
Evidence of community engagement in the
identification and initial planning of the project.
8 Evidence of planned continuous community
engagement for the duration of the project,
including a process for testing project
configurations and integrating community
feedback.
8 Evidence of support from critical partners such
as public works departments, transportation
departments, transit agencies, emergency
services, community groups, and business
associations.
5 Project Flexibility Evidence that the project scope is flexible and adjustable based on community testing and
feedback.
9 Performance Metrics Evidence of how the quick-build project’s progress and performance will be measured.
7 Potential for Permanent
Project
Evidence of how the quick-build project will
provide the foundation for a potential permanent
infrastructure project.
3 Funding Strategy Evidence of a long-term funding strategy for a permanent project in place.
3 Maintenance Strategy Evidence of a maintenance strategy in place. 3 Project Readiness Project can be implemented quickly to address an immediate need
9 TOTAL 100
California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
53 Quick-Build Project Examples
Quick-build projects could include elements such as:
• Protected intersections using painted curb extensions, temporary refuges, and pavement markings.
• Planter, parking, or delineator protected bike lanes. • Temporary transit platforms.
• Interim shared space using barricades.

Resources
• Active Transportation Resource Center: 2021 Active Transportation Symposium Panel Discussion on Quick-Build Projects
• California Bicycle Coalition and Alta Planning + Design: Quick-Build Guide - How to Build Safer Streets Quickly and Affordably
• City of Burlington Public Works: Quick Build Design + Material Standards • Tactical Urbanist’s Guides: Tactical Urbanism Materials and Design Guide • People for Bikes: Quick Build for Better Streets
California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
54 XVI. Appendix E
Links throughout Guidelines
Eligibility
• Project Study Report (PSR) Guidelines:
https://catc.ca.gov/programs/state-transportation-improvement-program • Caltrans 2023 Active Transportation Program Website:
https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/activetransportation-program/cycle6 • Caltrans Project Development Procedures Manual:
http://www.dot.ca.gov/design/manuals/pdpm.html
• United States Census Bureau:
https://data.census.gov/cedsci/?intcmp=aff_cedsci_banner • SB 535 List of Disadvantaged Communities:
http://www.calepa.ca.gov/EnvJustice/GHGInvest/
• California Department of Education: http://www.cde.ca.gov/ds/sd/sd/filessp.asp • Health Places Index Live Map: https://map.healthyplacesindex.org/ • Healthy Places Index Report and Data:
https://healthyplacesindex.org/data-reports/
• Recreational Trails Program:
http://www.fhwa.dot.gov/environment/recreational_trails/ Project Application
• Caltrans Local Assistance Website: https://dot.ca.gov/programs/local-assistance/fedand-state-programs/active-transportation-program/general-and-technical-information • Interim Count Methodology Guidance: https://dot.ca.gov/programs/local-assistance/fedand-state-programs/active-transportation-program/general-and-technical-information • Commission Website: https://catc.ca.gov/programs/active-transportation-program Appendix D
• 2021 Active Transportation Symposium Panel on Quick-Build Projects:
https://caatpresources.org/1600
• California Bicycle Coalition and Alta Planning + Design Quick-Build Guide:
https://altago.com/wp-content/uploads/Quick-Build-Guide-White-Paper-2020-1.pdf • City of Burlington Public Works Quick-Build Guide:
https://www.burlingtonvt.gov/sites/default/files/QUICK_BUILD%20GUIDE_0.pdf • Tactical Urbanist’s Guides: http://tacticalurbanismguide.com/guides/ • People for Bikes Quick-Build Guide: https://www.peopleforbikes.org/reports/quickbuilds-for-better-streets-a-new-project-delivery California Transportation Commission Adopted March 16, 2022 2023 Active Transportation Program Guidelines
55 Item No. 10.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Approval of Addendum No. 1 to Agreement with Porterville Unified School District Concerning the YES Program
SOURCE: Administrative Services
COMMENT: The Porterville Unified School District (PUSD) is proposing changes to the Youth Experiencing Success (YES) program. The YES program is the Kindergarten-8th grade after-school program implemented by the City in partnership with PUSD. The part-time employees are hired by the City and wages are fully reimbursed by PUSD. PUSD has just renewed a three-year grant of $2.5 million with the California Department of Education, and part of that process includes uploading and maintaining accurate records for audit.

In an effort to remain compliant with the California Department of Education's requirements, PUSD is proposing updates to job titles, job descriptions, and salary ranges within the YES program. The existing job descriptions contain outdated language that no longer pertains to the actual duties of the employees.

PUSD has conducted an audit and updated each classification accordingly.

Attached for the City Council’s reference is the current Agreement between the City and PUSD, the proposed Addendum No. 1 to said Agreement with the proposed new job classifications, and the proposed Pay Schedule.

RECOMMENDATION: That the City Council approve the draft Addendum No. 1 to the Agreement Between the City of Porteville and Porterville Unified School District Regarding Youth Experiencing Success (YES) Program.

ATTACHMENTS: 1. City and PUSD YES Program Agreement

2. Draft Agreement Addendum No. 1

3. Proposed YES Program Salary Schedule
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager

Revised 01/26/22

CITY OF PORTERVILLE

AFTER SCHOOL ASSISTANT II
$15.00 per hour
JOB SUMMARY:

Under general supervision, will assist in supervision and tutorial programs, activities, special events, and other related duties as assigned.

REPRESENTATIVE DUTIES:

1. Establish and supervise tutorial programs.

2. Assist supervisor in related duties.

3. Maintain a professional and positive manner at all times with staff, patrons, and supervisor.

4. Adhere to and enforce all safety Rules and Regulations, policies and procedures.

QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar and mathematical concepts. Knowledge of children’s games, youth athletics, and craft activities.

Education:

High school diploma or GED; college units preferred; experience in supervising youth, athletic events and arts/crafts activities; and experience in early childhood development is desirable.

Ability to:

Plan and implement lesson plans, supervise activities; maintain a safe environment for students; exercise good judgment in dealing with sensitive interpersonal matters; carry out instructions; meet deadlines; communicate effectively in verbal and written form; be organized; work a flexible schedule; and adhere to Rules and Regulations set forth by the City of Porterville.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion.

Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

Revised 01/13/20

CITY OF PORTERVILLE

AFTER SCHOOL ASSISTANT III
$16.50 – $18.00 per hour
JOB SUMMARY:

After School Assistants work directly with an assigned group of students to provide a safe, responsible, and well-supervised expanded learning program. The After School Assistants will set positive examples as a role models for the students they will be mentoring.

REPRESENTATIVE DUTIES:

1. Assist in leadership at program sites.

2. Assist Site Supervisor and Site Assistant in supervision of program.

3. Communicate with supervisors, parents, participants, school districts representatives and staff members in a professional and positive manner at all times.

4. Adhere to and enforce all safety Rules and Regulations, policies and procedures.

5. Assist in maintaining accurate records and precise reports.

6. Perform a variety of tasks incidental to the operation of the programs.

QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar and mathematical concepts; behavior management; Knowledge of appropriate relationships and ability to perceive student’s needs. Applicant must know how to constructively guide students; knowledge of basic computer use; effectively interact with students and co-workers; structure time efficiently; and have patience to deal with disruptive behavior.

Education:

Must possess an AA degree, 48 college units (from an accredited college), or pass the academic proficiency test (NCLB).

Ability to:

Plan and implement lesson plans, supervise activities; maintain a safe environment for students; exercise good judgment in dealing with sensitive interpersonal matters; carry out instructions; meet deadlines; communicate effectively in verbal and written form; be organized; work a flexible schedule; and adhere to Rules and Regulations set forth by the City of Porterville.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

Revised 1/21/20

CITY OF PORTERVILLE

AFTER SCHOOL SITE ASSISTANT
$18.50 - $20.00 per hour
JOB SUMMARY:

Under general direction, the Site Assistant is responsible for assisting the Site Supervisor in performing the onsite supervision of program staff and volunteers; facilitate various activities that promote physical activity, nutrition, and hands on enrichment activities; and engage and support school-aged children and families in our community.

REPRESENTATIVE DUTIES:

1. Assist the Site Supervisor in leadership at various program sites.

2. Schedule and supervise program assistants.

3. Communicate with supervisors, parents, participants, school districts representatives and staff members in a professional and positive manner at all times.

4. Assist with planning and designing appropriate educational/recreational activities for students.

5. Help enforce personnel policies.

6. Maintain accurate records and precise reports.

7. Perform a variety of tasks incidental to the operation of the programs.

QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar and mathematical concepts; behavior management; Knowledge of appropriate relationships and ability to perceive student’s needs. Applicant must know how to constructively guide students; basic computer and printer knowledge; effectively interact with students and co-workers; structure time efficiently; and have patience to deal with disruptive behavior.

Education:

Must possess an AA degree, 48 college units (from an accredited college), or pass the academic proficiency test (NCLB). Experience organizing and supervising youth and adults.

Ability to:

Establish and maintain cooperative working relationships with staff, children and adults; establish and maintain a safe and healthy environment for students involved in activities, programs and classes; communicate effectively in verbal and written form; exercise good judgment in dealing with sensitive interpersonal matters; meet program deadlines; be organized and work a flexible schedule; and adhere to the Rules and Regulations set forth by the City of Porterville.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

Revised 01/21/20

CITY OF PORTERVILLE

AFTER SCHOOL SITE SUPERVISOR
$25.00 - $26.50 per hour
JOB SUMMARY:

Under general direction, the Site Supervisor is responsible for performing the on-site supervision of the program, staff, and volunteers; facilitating various activities that promote physical activity, nutrition, and hands-on enrichment activities; and engage and support school-aged children and families in our community.

REPRESENTATIVE DUTIES:

1. Provide leadership at program sites.

2. Schedule and supervise program assistants.

3. Communicate with supervisors, parents, students, school districts representatives and staff members in a professional and positive manner at all times.

4. Assist in planning and designing appropriate educational/recreational activities.

5. Enforce personnel policies.

6. Maintain accurate records and precise reports.

7. Perform a variety of tasks incidental to the operation of the programs.

QUALIFICATIONS GUIDELINE:

Skills/Knowledge:

Use of proper English grammar and mathematical concepts; behavior management; knowledge of appropriate relationship and ability to perceive student’s needs. Applicant must know how to guide students constructively; basic computer and printer knowledge; effectively interact with students and co-workers; structure time efficiently; and has patience to deal with disruptive behavior.

Education:

Must possess an AA degree, 48 college units (from an accredited college), or pass academic proficiency test (NCLB). Experience organizing and supervising youth and adults.

Ability to:

Establish and maintain cooperative working relationships with staff, children and adults; establish and maintain a safe and healthy environment for students involved in activities, programs and classes; communicate effectively in verbal and written form; exercise good judgment in dealing with sensitive interpersonal matters; meet program deadlines; and be organized and work a flexible schedule; and adhere to the Rules and Regulations set forth by the City of Porterville.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

Revised: 03/19/18

CITY OF PORTERVILLE
Y.E.S Campus Supervisor
$15.81 – $19.00 per hour
JOB SUMMARY:

Under general supervision, will assist in supervision and monitor student behavior at an assigned school campus; and other related duties as assigned.

REPRESENTATIVE DUTIES:

1. Perform campus and parking lot control and monitor after school events and activities.

2. Monitor and direct student activities in hallways, restrooms, etc.

3. Controls, monitors, and directs unauthorized persons on campus.

4. Counsel and advise students regarding violation of rules and regulations.

5. Performs a variety of behavior management and behavior shaping functions using positive behavior interventions and supports.

6. May contact appropriate law enforcement agencies in consultation with the Site Supervisor and/or Director to maintain the safety of the campus.

QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar; know the school rules and policies; crowd control procedures and the detection and identification of drugs and improper substances; safe campus supervision methods and procedures.

Education:

High school diploma or GED; college units preferred; experience in supervising youth, athletic events and arts/crafts activities; and experience in early childhood development is desirable.

Ability to:

Perform effectively and efficiently in situations requiring tact, diplomacy, and good judgement; enforce campus rules and regulations; exercise good judgment in dealing with sensitive interpersonal matters; carry out instructions; meet deadlines; communicate effectively in verbal and written form; be organized; work a flexible schedule; and adhere to Rules and Regulations set forth by the City of Porterville.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, physical, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

CITY OF PORTERVILLE
Y.E.S After School Gardener
$15.40 – $18.40 per hour
JOB SUMMARY:

Under general supervision, employee will work closely with the school and community stakeholders to maintain the school garden with the assistance of students, parents, and volunteers.

REPRESENTATIVE DUTIES:

1. Support the school garden to design, build, and plant fruit and vegetable gardens.

2. Work closely with school administration and community stakeholders.

3. Maintain garden with the assistance of students, parents, volunteer including: planting, weeding, watering, and harvesting as required.

4. Manage and maintain all garden equipment.

QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar; know the school rules and policies; knowledge of gardening and horticulture preferred.

Education:

High school diploma or GED; college units preferred; experience in gardening; and experience in early childhood development is desirable.

Ability to:

Know the school rules and policies; must be able to lift and carry up to 40 pounds without accommodation; require frequent standing, walking, bending, stooping, kneeling, reaching, and squatting; must be able to work outdoors in all conditions; ensure student planted fruit and vegetable gardens survive and thrive during the school year and throughout the summer.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, physical, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

ADDENDUM NO. 1

TO AGREEMENT BETWEEN CITY OF PORTERVILLE AND

PORTERVILLE UNIFIED SCHOOL DISTRICT REGARDING

YOUTH EXPERIENCING SUCCESS (YES) PROGRAM
This Addendum No. 1 is made a part of the Agreement Between City of Porterville and Porterville Unified School District Regarding Youth Experiencing Success (YES) Program entered into on June 17, 2021.

1. Commencing on May 3, 2022, Section B – Operation Personnel of the Agreement shall be deleted in its entirety, and replaced with the following:

The Program consists of five (5) operational job classifications that work on-site at assigned school campuses, as listed below (Operational Personnel). These operational personnel do not include administrative personnel that directly and/or indirectly administer the Program. The job descriptions for the operational job classifications are attached hereto and incorporated herein as Exhibit A.  Expanded Learning Tutor I
 Expanded Learning Tutor II
 Expanded Learning Site Assistant
 Expanded Learning Site Supervisor
 Expanded Learning Site Gardener

2. All other terms as outlined in the Agreement and not inconsistent with this Addendum, shall remain in full effect.

IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 on May ____, 2022.

CITY OF PORTERVILLE PORTERVILLE UNIFIED SCHOOL DISTRICT _____________________________ ______________________________________ Martha A. Flores, Mayor Nate Nelson, Superintendent
DATE: _______________________ DATE: ________________________________ ATTEST: ATTEST:
_____________________________ ______________________________________ John D. Lollis, City Clerk Irene Flores, Administrative Assistant DATE: _______________________ DATE: ________________________________

APPROVED AS TO FORM
_____________________________
Julia M. Lew, City Attorney
Revised 2/8/22

EXHIBIT A

CITY OF PORTERVILLE

EXPANDED LEARNING TUTOR I
$15.00 per hour/minimum wage
JOB SUMMARY:

Under the direction of the Site Supervisor, the program tutor supervises a group of 20 students, assisting them with homework help and providing enrichment and Recreation activities. As a team member, the Expanded Learning Tutor plans and delivers after-school curricula, considers age appropriate developmental needs and interests.

REPRESENTATIVE DUTIES:

1. Responsible for notifying and reporting any problems or concerns to the Site Supervisor

2. Have effective leadership skills and ability to respond calmly and appropriately to unexpected situations

3. Conducts a group homework session

4. Responsible for supervision of students

5. Prepares for class each day; has all supplies ready

6. Ensures a safe environment for all students

7. Be familiar and enforce school and program behavior policies and safety procedures

8. Assist supervisor in related duties

9. Perform duties with constant interruptions, plan and organize work, meet all deadlines

10. Communicate effectively and respectfully

11. Maintain a professional and positive manner at all times with staff, patrons, and supervisor

12. Work independently and constructively contribute to a collaborative team

13. Attend monthly meetings and trainings

14. Other duties as assigned
QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar and mathematical concepts.

Education:

High school diploma or GED; experience in supervising youth, recreational and arts/crafts activities; and experience in childhood development is desirable.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

Revised 2/8/22

CITY OF PORTERVILLE

EXPANDED LEARNING TUTOR II
$16.50-$18.00
JOB SUMMARY:

Under the direction of the Site Supervisor, the program tutor supervises a group of 20 students, assisting them with homework help and providing enrichment and Recreation activities. As a team member, the Expanded Learning Tutor plans and delivers after-school curricula, considers age appropriate developmental needs and interests.

REPRESENTATIVE DUTIES:

1. Responsible for notifying and reporting any problems or concerns to the Site Supervisor

2. Have effective leadership skills and ability to respond calmly and appropriately to unexpected situations

3. Conducts a group homework session

4. Responsible for supervision of students

5. Prepares for class each day; has all supplies ready

6. Ensures a safe environment for all students

7. Be familiar and enforce school and program behavior policies and safety procedures

8. Assist supervisor in related duties

9. Perform duties with constant interruptions, plan and organize work, meet all deadlines

10. Communicate effectively and respectfully

11. Maintain a professional and positive manner at all times with staff, patrons, and supervisor

12. Work independently and constructively contribute to a collaborative team

13. Attend monthly meetings and trainings

14. Other duties as assigned
QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar and mathematical concepts.

Education:

High school diploma or GED; 48 college units or take and pass the TCOE Instruction Aide exam; experience in supervising youth, recreational and arts/crafts activities; and experience in childhood development is desirable.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

Revised 2/8/22

CITY OF PORTERVILLE

EXPANDED LEARNING SITE ASSISTANT
$18.50 - $20.00 per hour
JOB SUMMARY:

Under the direction of the Site Supervisor and the Program Director, the Site Assistant is responsible for assisting the Site Supervisor in performing the on-site supervision of program staff and volunteers; facilitate various activities that promote physical activity, nutrition, and hands on enrichment activities; and engage and support school-aged children and families in our community.

REPRESENTATIVE DUTIES:

1. Responsible for notifying and reporting any problems or concerns to the Site Supervisor and the Program Director

2. Have effective leadership skills and ability to respond calmly and appropriately to unexpected situations

3. Responsible for supervision of students

4. Assist the Site Supervisor in leadership at various program sites

5. Train and supervise Expanded Learning Tutors

6. Communicate with supervisors, parents, participants, school districts representatives and staff members effectively and respectfully at all times

7. Assist with planning and designing appropriate educational/recreational activities for students

8. Help enforce personnel and safety policies

9. Maintain accurate records and precise reports

10. Perform a variety of tasks incidental to the operation of the program

11. Be familiar and enforce school and program behavior policies and safety procedures

12. Perform duties with constant interruptions, plan and organize work, meet all deadlines

13. Maintain a professional and positive manner at all times with staff, patrons, and supervisor

14. Work independently and constructively contribute to a collaborative team

15. Attend monthly meetings and trainings

16. Other duties as assigned
QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar and mathematical concepts; must know all the job duties of the Site Supervisor; Knowledge of appropriate relationships and ability to perceive student’s needs. Applicant must know how to constructively guide students; basic computer and printer knowledge; effectively interact with students and co-workers; structure time efficiently; and have patience to deal with disruptive behavior.

Education:

Must possess an AA degree, 48 college units (from an accredited college), or take and pass the TCOE Instruction Aide exam Ability to:

Establish and maintain cooperative working relationships with staff, children and adults; establish and maintain a safe and healthy environment for students involved in activities, programs and classes; communicate effectively in verbal and written form; exercise good judgment in dealing with sensitive interpersonal matters; be organized and work a flexible schedule; and adhere to the Rules and Regulations set forth by the City of Porterville.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA).

If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Revised 2/8/22
Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

Revised 2/8/22

CITY OF PORTERVILLE

EXPANDED LEARNING SITE SUPERVISOR
$25.00 - $26.50 per hour
JOB SUMMARY:

Under the direction of the Program Director, the Site Supervisor is responsible for performing the on-site supervision of the program, staff, and volunteers; facilitating various activities that promote physical activity, nutrition, and hands-on enrichment activities; and engage and support school-aged children and families in our community.

REPRESENTATIVE DUTIES:

1. Responsible for notifying and reporting any problems or concerns to the Program Director

2. Have effective leadership skills and ability to respond calmly and appropriately to unexpected situations

3. Responsible for supervision of students

4. Assist the Program Director in leadership at various program sites

5. Train and supervise Expanded Learning Tutors

6. Communicate with supervisors, parents, participants, school districts representatives and staff members effectively and respectfully at all times

7. Assist with planning and designing appropriate educational/recreational activities for students

8. Help enforce personnel and safety policies

9. Maintain accurate records and precise reports

10. Perform a variety of tasks incidental to the operation of the program

11. Be familiar and enforce school and program behavior policies and safety procedures

12. Perform duties with constant interruptions, plan and organize work, meet all deadlines

13. Maintain a professional and positive manner at all times with staff, patrons, and supervisor

14. Work independently and constructively contribute to a collaborative team

15. Attend monthly meetings and trainings

16. Other duties as assigned
QUALIFICATIONS GUIDELINE:

Skills/Knowledge:

Use of proper English grammar and mathematical concepts; must know all the job duties of an Expanded Learning Site Supervisor; Knowledge of appropriate relationships and ability to perceive student’s needs. Applicant must know how to constructively guide students; basic computer and printer knowledge; effectively interact with students and co-workers; structure time efficiently; and have patience to deal with disruptive behavior.

Education:

Must possess an AA degree, 48 college units (from an accredited college), or take and pass the TCOE Instruction Aide exam Ability to:

Establish and maintain cooperative working relationships with staff, children and adults; establish and maintain a safe and healthy environment for students involved in activities, programs and classes; communicate effectively in verbal and written form; exercise good judgment in dealing with sensitive interpersonal matters; be organized and work a flexible schedule; and adhere to the Rules and Regulations set forth by the City of Porterville.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA).

If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782-7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.

Revised 2/8/22

CITY OF PORTERVILLE

EXPANDED LEARNING GARDENER
$16.50 – $18.00 per hour
JOB SUMMARY:

Under the direction of the Site Supervisor and the Program Director, employee will work closely with the school and community stakeholders to maintain the organic school garden with the assistance of students, and volunteers.

REPRESENTATIVE DUTIES:

1. Responsible for notifying and reporting any problems or concerns to the Site Supervisor and the Program Director

2. Have effective leadership skills and ability to respond calmly and appropriately to unexpected situations

3. Responsible for supervision of students

4. Prepares for garden each day; has all supplies ready

5. Ensures a safe environment for all students

6. Be familiar and enforce school and program behavior policies and safety procedures

7. Perform duties with constant interruptions, plan and organize work, meet all deadlines

8. Communicate effectively and respectfully with Site Supervisor and Program Director

9. Maintain a professional and positive manner at all times with staff, patrons, and supervisor

10. Work independently and constructively contribute to a collaborative team

11. Support the school garden to design, build, and plant fruit and vegetable gardens.

12. Work closely with school administration and community stakeholders.

13. Maintain an organic garden with the assistance of students, including: planting, weeding, watering, and harvesting as required.

14. Manage and maintain all garden equipment.

15. Other duties as assigned
QUALIFICATIONS GUIDELINE:

Skills/knowledge:

Use of proper English grammar; knowledge of gardening and horticulture preferred.

Education:

High school diploma or GED; 48 college units preferred; experience in gardening; and experience in childhood development is desirable.

Ability to:

Must be able to lift and carry up to 40 pounds without accommodation; require frequent standing, walking, bending, stooping, kneeling, reaching, and squatting; must be able to work outdoors in all conditions; ensure student planted fruit and vegetable gardens survive and thrive during the school year and throughout the summer.

Special Requirements:

May require working varied schedule of hours. Possible travel throughout the city on occasion. Ability to obtain and maintain a valid California Driver’s License – Class C.

Special Conditions:

Prior to appointment candidates must pass a background check, physical, drug/alcohol screen, and a TB test.

The City of Porterville is an equal opportunity employer (EEO) and is compliant with the Americans with Disabilities Act (ADA). If you believe you need accommodation under the ADA in the testing process for any position for which you intend to apply, please contact the Human Resources Division at (559) 782- 7441 to request such accommodation. The City prohibits discrimination on the basis of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, Acquired Immune Deficiency (AIDS/HIV) or AIDS related conditions, political affiliation, sexual orientation, ancestry, marital or domestic partner status, gender identity, parental status, veteran status, height, weight, or any other basis protected by law.
58 Proposed Salary Schedule
Position Rate
Expanded Learning Tutor I………………….………………… $15.00/hour
Expanded Learning Tutor II ………………………………….. $16.50 – $18.00/hour Expanded Learning Site Assistant………….…………..…... $18.50 - $20.00/hour Expanded Learning Site Supervisor……………..…………. $25.00 – $26.50/hour Expanded Learning Gardener……………………..……….. $15.40 - $18.40/hour Item No. 11.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Renewal of Airport Lease Agreement - Lot No. 45 SOURCE: Finance
COMMENT: Aircraft 445, LLC is the current leaseholder of Lot No. 45 at the Porterville Municipal Airport. The current lease expires on June 30, 2022. The City has received a request from Thomas J. O'Sullivan, Member of Aircraft 445, LLC, dated March 31, 2022, to renew the lease for a period of ten (10) years. The lot is approximately 5,180 square feet in area and will rent for a rate of $0.358 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning on January 1, 2023 and each January 1 thereafter. The lease will begin on July 1, 2022 and expire on June 30, 2032.

The hangar will be utilized for the parking and storage of aircraft.

RECOMMENDATION: That the City Council approve the extension of the Lease Agreement between the City and Aircraft 445, LLC for Lot No. 45 at the Porterville Municipal Airport for a term of ten (10) years.

ATTACHMENTS: 1. Draft Lease Agreement

2. Letter of Request dated March 31, 2022

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
1 LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the first day of July, 2022, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Aircraft 445, LLC, hereinafter referred to as “Lessee.” WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 45 at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on July 1, 2022, both parties having executed the same, and shall terminate on June 30, 2032, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the 2 determination of the value of the improvements.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.358 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 5,180 square feet of land area, said rental rate will be $1,854.44 annually, or $154.54 per month, payable in advance.

Beginning January 1, 2023, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above. The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice 3 of said nuisance.

5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.

8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall 4 include, but is not limited to, telephone, electrical, water , sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, 5 costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policies in the amount of not less than TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, 6 over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:

This Lease shall be subordinate to the provisions and requirements of any existing or future agreement 7 between the City and the United States relative to the development, operation or maintenance of the airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Aircraft 445, LLC
Attn: PJO Holdings
17837 1st Ave. S #428
Normandy Park, WA 98148
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part 8 thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lender shall have the right at any time during the term of the loan and while this Lease is in full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter at such lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee 9 to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recover shall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” 10 as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction of said improvements or the installation of said furniture, furnishings, equipment, and fixtures shall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises as set forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security 11 for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by a Court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.
12 CITY OF PORTERVILLE LESSEE
By: ___________________________________ By: ________________________________ Martha A. Flores, Mayor Thomas J. O’Sullivan, Member
Aircraft 445, LLC
ATTEST:

By: ___________________________________
John D. Lollis, City Clerk
APPROVED AS TO FORM:

By: ___________________________________
Julia M. Lew, City Attorney

Item No. 12.

CITY COUNCIL AGENDA – MAY 3, 2022
SUBJECT: Transportation Art Maintenance Agreement with Caltrans for Westwood Street and State Route 190 Roundabout
SOURCE: Community Development
COMMENT: The California Department of Transportation (Caltrans) is finalizing the design of a roundabout to be constructed at the intersection of State Route (SR) 190 and Westwood Street. City staff has been coordinating with the Tulare County Association of Governments (TCAG) and Caltrans for the thematic design of the roundabout to be an entry feature to Porterville, as well as to include artwork that is reflective of the scenic offerings along SR190 in a desire to promote tourism in line with the efforts of the Mighty 190 Committee. The Mighty 190 Committee was formed in 2016, with the goal of increasing awareness and enhancing local tourism opportunities in southeastern Tulare County along SR 190.

With TCAG's assistance, Caltrans has embraced the concept of the Mighty 190 and has included artwork that is representative of the local region within the scope of the Westwood Street roundabout, and has incorporated as well an entry sign in the design of the roundabout. A double-sided piece of transportation art measuring approximately fourteen (14) feet in height by nine feet and two inches in width is being proposed for the northeast corner of the proposed roundabout. The artwork proposes to feature a Giant Sequoia made of bronze corten steel with a full color porcelain enamel Mighty 190 shield, and two painted steel eagles in the tree. The proposed design is included as an attachment as well as Exhibit A to the attached draft agreement. Caltrans has also proposed to have PORTERVILLE spelled out in bold letters on the raised concrete improvements within the roundabout as an entry sign. To facilitate the inclusion of the transportation art in the roundabout, Caltrans has requested that the City enter into a Transportation Art Maintenance Agreement. The Transportation Art Maintenance Agreement outlines that the City will be responsible for the maintenance of the proposed transportation artwork.

RECOMMENDATION: That the City Council:

1. Approve the draft Transportation Art Maintenance
Agreement with the California Department of
Transportation ; and

2. Authorize the Mayor and City Manager to sign the draft Transportation Art Maintenance Agreement as proposed
Item No. 12.
by the California Department of Transportation.

ATTACHMENTS: 1. Draft Transportation Art Maintenance Agreement

2. Proposed Transportation Art

3. Locator Map

4. Caltrans Transportation Art Proposal Westwood
Roundabout Application
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
11/29/2021
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-1-0010)
1 TRANPORTATION ART MAINTENANCE AGREEMENT

WITH CITY OF PORTERVILLE
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the City of Porterville; hereinafter referred to as “CITY”; and collectively referred to as “PARTIES”.

SECTION I

RECITALS

1. WHEREAS, the PARTIES desire to work together to allocate their respective obligations relative to the Transportation Art constructed at the northeast corner of State Route 190 and Westwood Street within STATE’s right of way; and

2. WHEREAS, this AGREEMENT addresses CITY’s responsibilities for maintaining the Transportation Art, hereinafter referred to as “ART” placed within the State Highway right of way on State Route 190 at postmile 13.45 in the County of Tulare, as shown in EXHIBIT A, entitled “TRANSPORTATION ART LOCATION,” attached hereto and incorporated herein; and

3. WHEREAS, the PARTIES desire to clarify the division of maintenance responsibilities as defined in Section 27 of the California Streets and Highway Code that include, but are not limited to, providing emergency repair and maintenance of ART at the locations shown in EXHIBIT A; and

AGREEMENT
NOW THEREFORE, IT IS AGREED AS FOLLOWS:

1. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows:

1.1. When a change to this AGREEMENT is necessary, the PARTIES will execute a formal amendment in writing by and through their authorized representatives.

1.2. PARTIES agree maintenance responsibilities include, but are not limited to, inspection, providing emergency repair, and maintenance as defined in Section

2.9 below, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of ART as shown in EXHIBIT A.

1.3. EXHIBIT A consists of image ART within STATE’s right of way, where ART will be 11/29/2021
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-1-0010)
2 located, what that ART involves, and the responsibilities of CITY to MAINTAIN in accordance with this AGREEMENT.
.

2. CITY’s obligations hereunder, at CITY’s expense, include the following:

2.1. CITY shall MAINTAIN ART conforming to the plans pre-approved by STATE.

2.2. CITY shall submit the final form of the plans for ART to STATE’s District Permit engineer for review and approval and will obtain and have in place a valid necessary Encroachment Permit prior to the start of any work within STATE’s right of way. All proposed ART must meet STATE’s standards as outlined in Caltrans Project Development Procedures Manual, Chapter 29, Section 9 (dated 05/24/2018).

2.3. CITY shall schedule routine MAINTENANCE of ART to ensure a neat and attractive appearance. CITY shall coordinate said MAINTENANCE with STATE prior to the start of any work.

2.4. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this AGREEMENT prior to the start of any work within STATE’s right of way.

2.5. CITY is required to annually obtain an Encroachment Permit to perform work within STATE’s right of way over a set 12-month period. This Encroachment Permit must be active prior to the start of any work within STATE’s right of way. Work performed by CITY includes, but is not limited to the installation, MAINTENANCE, restoration or removal of ART. A permit fee will be required of CITY's third-party successors. CITY agrees that it shall remain subject to the terms and conditions on this AGREEMENT until termination of this AGREEMENT or until ART has been removed from STATE right of way in its entirety, whichever is later.

2.6. CITY shall replace or repair damaged ART when observed or within thirty (30) calendar days of being notified in writing by STATE.

2.7. CITY shall remove ART and restore STATE owned areas to a safe and attractive condition acceptable to STATE, in the event this AGREEMENT is terminated as set forth herein.

2.8. CITY shall expeditiously MAINTAIN, replace, repair, remove, or restore ART if it has become unsightly.
11/29/2021
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-1-0010)
3 2.9. CITY will MAINTAIN, at CITY's expense, ART as shown on EXHIBIT A for as long as it remains in place. This includes but is not limited to: graffiti removal and restoration work to maintain the integrity of the permitted ART, and removal of overgrown vegetation surrounding ART including the immediate area CITY uses as a means of access to maintain ART. Graffiti removal must conform to applicable STATE policies and guidance existing at the time CITY performs work and shall require prompt removal of offensive messages and timely removal of all other graffiti.

Maintenance practices must protect air and water quality as required by law.

Should ART be removed, for whatever reason, CITY, at no cost to the STATE, shall return the area where ART was in place to its original condition.

2.10. No work will be performed from the freeway or adjacent roadside, unless approved by STATE in a separate Encroachment Permit. All work will be conducted from the local road or the sidewalk with CITY being responsible for traffic operations and control (closures) in the area.

2.11. Other than STATE-approved ART, no alteration of the existing freeway structure or any other highway facility, including signage, will be permitted, unless preapproved in writing by STATE. No landscaping, other than overgrown vegetation (Section 2.9), shall be removed to accommodate ART unless approved by STATE.

2.12. All work in connection with installation, MAINTENANCE, restoration, or removal, of ART; or, more generally, for the benefit of CITY, will be done at no cost to STATE.

2.13. CITY shall remove ART whenever, in the opinion of STATE, it creates a maintenance or operational concern, such as, prevents ongoing maintenance, or causes an undue distraction. In the event CITY fails to remove ART in a timely manner, STATE may remove ART thirty (30) calendar days following written notification to CITY, and STATE will bill CITY for all costs of its removal and for the restoration of STATE-owned areas to their original condition.

2.14. CITY may remove part or all of ART thirty (30) days following notification to STATE.

CITY shall remove ART and restore STATE-owned areas to a safe and attractive condition acceptable to STATE.

2.15. CITY is required to obtain from artist, or any party CITY contracts with for the ART, a signed, notarized and executed Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Agreement which assigns all copyright interests in the ART to STATE

2.16. CITY shall maintain all rights and obligations under this AGREEMENT with artists or any party it contracts with for ART in order to fulfill CITY’s obligations under this 11/29/2021
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-1-0010)
4 AGREEMENT. These rights and obligations include, but are not limited to, the ability to repair or restore ART, remove ART, and clean ART.

2.17. ART located within STATE right-of-way becomes property of the STATE.

3. STATE shall have the following obligations and rights under this AGREEMENT:

3.1. Provide CITY with timely written notice when it has determined that ART requires maintenance, repair, or removal. However, the non-receipt of notice does not excuse CITY from MAINTENANCE responsibilities assumed under this AGREEMENT.

ART which in the opinion of STATE becomes a safety or operational concern, will be removed, at no cost to STATE, by CITY.

3.2. Provide CITY the necessary Encroachment Permit from STATE’s District 6 Encroachment Permit Office on an annual basis to perform CITY maintenance responsibilities prior to CITY’s entering STATE right of way. This permit will be issued at no cost to CITY.

3.3. Provide CITY’s contractor and ART artist(s) an Encroachment Permit from STATE prior to the start of any work within STATE’s right of way. This permit will be issued at no cost to CITY’s contractor and for ART artist(s).

3.4. STATE reserves the right to remove ART, partially or in its entirety, or alter parts thereof due to emergency, construction, rehabilitation, or other necessary activities affecting these transportation facilities without any obligation, compensation to, or approval of CITY.

3.5. STATE reserves the right to remove or alter any ART that presents an immediate safety hazard to the public, as determined by STATE, without delay or advance notification to CITY.

3.6. STATE will not be responsible for the cost of any maintenance, repair, restoration, or replacement of ART which is damaged by anything STATE does or does not do in the course of STATE’s duty related to highway operation and activities. STATE will not be responsible for any damages caused by any damages caused by any vandalism or accidents on the roadway.

3.7. STATE will notify CITY thirty (30) days in advance of any planned work that may impact the ART. If the work required is due to a public safety hazard, this notification period does not apply, and STATE will notify CITY as soon as practicable of the planned or performed work.
11/29/2021
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-1-0010)
5 4. LEGAL RELATIONS AND RESPONSIBILITIES

4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

4.2. If during the term of this AGREEMENT, CITY should cease to MAINTAIN the ART to the satisfaction of STATE as provided by this AGREEMENT; or if in the opinion of the STATE the ART creates an unsatisfactory condition, STATE may either undertake to remedy this condition, or itself remove ART on behalf of CITY, at CITY’s expense.

Alternatively, the STATE may direct CITY to remove ART at CITY’S sole expense and restore STATE’S right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any steps to MAINTAIN, remedy the unsatisfactory condition, or remove ART; STATE will provide written notice to CITY to cure the default, or remove the ART and CITY will have thirty (30) days within which to affect that cure, or remove the ART.

4.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

5. PREVAILING WAGES:

5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.
11/29/2021
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-1-0010)
6 5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

6. INSURANCE

6.1. CITY is self-insured. CITY agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of Self-Insurance”), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the ART location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

6.2. SELF-INSURED using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

7. TERMINATION - This Agreement may be terminated by mutual written consent by PARTIES or by STATE for cause. CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

8. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 7 above.

PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. 11/29/2021
Transportation Art Maintenance Agreement
With City of Porterville (TR 06-1-0010)
7 IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF PORTERVILLE STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen

TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
By: ___________________________
City Manager
By: ___________________________
Deputy District Director
Maintenance District
ATTEST:

By: __________________________
City Clerk
By: __________________________
City Attorney
As to Form and Procedure:

By: _____________________________
Attorney
Department of Transportation
11/29/21

EXHIBIT A
1 11/29/21

EXHIBIT A
2 11/29/21

EXHIBIT A
3 11/29/21
EXHIBIT B – LETTER OF CERTIFICATE OF CITY OF PORTERVILLE STATEMENT OF

SELF INSURANCE
1 Department of Transportation _______20__
1352 W. Olive Avenue
Fresno, CA 93728-4067
ATTN: Daniel Lum
RE: Statement of Self Insurance for CITY OF PORTERVILLE Related to Transportation Art Maintenance Agreement with State of California Department of Transportation (“STATE”) for the ART along Highway Route 190 at Westwood Street (PM 13.45)
Dear Mr. Lum,
The purpose of this letter is to certify that the CITY is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section

6.1 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The CITY further represents that regarding any claims made in connection with the Maintenance Agreement by the STATE, the STATE will be first-in-line regarding the reserved, self-insured amounts.

If you need any additional information regarding this letter, please direct those inquires through my office.

Sincerely,

FINANCE MANAGER