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Art3_Highland_FY17_BikePed_CreekAlabama_Ext_201202State of California California State Transportation Agency DEPARTMENT OF TRANSPORTATION “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” MEMORANDUM To: CHAIR AND COMMISSIONERS CTC Meeting: Decem ber 2-3, 2020 CALIFORNIA TRANSPORTATION COMMISSION From: STEVEN KECK, Chief Financial Officer Reference N umber : 2.8a.(7), Action Item Prepared By: Dee Lam , Chief Division of Local Assistance Subject: REQUEST TO EXTEND THE PERIOD OF PROJECT ALLOCATION FOR ACTIVE TRANSPORTATION PROJECTS, PER ATP GUIDELINES WAIVER 20-96 ISSUE: Should the California Transportation Commission (Commission) extend the period of project allocation for two projects, programmed in the Active Transportation Program (ATP), for Fiscal Year 2019-20? RECOMMENDATION: The California Department of Transportation (Department) recommends the Commission extend the period of allocation for two projects, programmed in the ATP, for 2019-20. BACKGROUND: These agencies will not be able to request an allocation for funds by the December 31, 2020 deadline. The attachment shows the details of the projects and the explanation for the delays. The respective agencies are requesting extensions, and the regional planning agencies concur. Current ATP Guidelines, adopted by the Commission, stipulate that funds that are programmed for all components of local grant projects are available for allocation only until the end of the fiscal year identified in the ATP. How ever, under the adopted Interim Timely Use of Funds policy under Resolution G -20-56, the deadline for allocation was extended to December 2020 from June 2020, where permissible by statute, to address impacts to project delivery as a result of the COVID -19 pandemic . The Commission may approve a waiver to the timely use of funds deadline, one-time only, for up to 20 months. Attachment Reference No.: 2.8a.(7) December 2-3, 2020 Attachment Page 1 of 2 Time Extension/Waiver – Project Allocation Deadline Active Transportation Program Project Number: 1 Applicant: City of Highland County: San Bernardino District: 8 PPNO: 1227 Extended Amount: $817,000 Phase: Right of Way Number of Months Requested: 20 Extended Deadline: 08/31/2022 Department Recommendation: Support City Creek and Alabama Street Bikeways project The City of Highland (City) requests a 20-month extension to allocate funding for the Right of Way (RW) phase of the City Creek and Alabama Street Bikeways project. The City experienced delays during the environmental phase. The project proposes to install C lass I and Class II bikeways, a freeway undercrossing, and bicycle and pedestrian enhancements along the west levee of City Creek from Base Line to Alabama Street, and within Highland and San Bernardino Cities along both sides of Alabama Street from 3rd Street to the south limits of both Cities. However, the project is experiencing unforeseen delays with environmental permitting. The City is currently awaiting a biological opinion from U nited States Fish Wildlife Service (USFWS). This is expected to take an additional 14 months, as an Incidental Take Permit is required from the USFWS because of an endangered species identified within the project limits. This was not anticipated and has added to the delay . A perm it will also be required by the United Sates Army Corps of Engineers to construct the trail because of its proximity to the levee. This is expected to take 15 months to secure. In addition, the City is still dealing with the COVID -19 pandemic, teleworking, and social distancing mandates. The City is requesting the maximum amount of tim e to complete the permitting process and allow for any unexpected issues due to the pandemic. Therefore, the City is requesting a 20-month time extension to allocate RW by August 31, 2022.