CITY COUNCIL MEETING AGENDA September 3, 2024
CITY OF SHASTA LAKE
CITY COUNCIL
MEETING AGENDA
September 3, 2024
6:00 P.M.
Shasta Lake City Council Chambers
4488 Red Bluff Street Shasta Lake, CA 96019
Mayor: Janice Powell
Vice Mayor: Tena Eisenbeisz
Council Members: Justin Jones, Pamelyn Morgan, Greg Watkins
OTHER WAYS TO PARTICIPATE IN THE MEETING
• Watch a livestream of the meeting online or view the recording any time after the meeting concludes at the following: cityofshastalake.org/meetings • Submit public comment electronically before the meeting to:
[email protected]. Public comment by email will be read into the record during consideration of the item the comment addresses. Each public comment will be limited to three minutes of reading. Include the item number you are commenting on in the subject line of the email. Once the vote has taken place on an item, no additional public comments will beaccepted.
• Submit public comment by mail addressed to City Clerk, City of Shasta Lake, PO Box 777, Shasta Lake, CA 96019. Mailed comments must be received one day prior to the meeting to be included.
1.0 CALL TO ORDER – REGULAR MEETING:
1.1 Call to order (please place electronic devices on silent)
1.2 Statement for the record of Council Members present or absent
1.3 Pledge of Allegiance
1.4 Invocation
2.0 AWARDS & RECOGNITIONS:
2.1 None
3.0 PRESENTATIONS:
3.1 None
4.0 COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
1 CITY COUNCIL MEETING AGENDA September 3, 2024
5.0 PUBLIC COMMENT:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an item noted on the regular agenda, please address the Council when that item is open for public comment. Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. Speaker forms are available from the City Clerk, 4477 Main Street, Shasta Lake, on the City’s website, or at the back of the meeting hall. If you have documents to present to members of Council, please provide a minimum of seven copies. Pursuant to The Brown Act, the City Council cannot take action on Public Comment Items.
6.0 CONSENT AGENDA:
The items listed under the Consent Agenda are considered routine business and will be voted on together by one motion unless a Council Member requests a specific item to be removed and discussed separately.
6.1 Minutes of the Regular Meeting of August 20, 2024. (pg. 5)
6.2 Payrolls: (pg. 9)
PE 8/17/2024 PD 8/23/2024 $166,957.30
6.3 Discussion and possible action to approve a Resolution accepting the Quarterly Cash and Investment Report for the period ending June 30, 2024. (pg. 11)
6.4 Discussion and possible action to approve a Resolution approving a supplemental appropriation of $50,000.00 for the UC Davis All Animals Statewide Animal Shelter Program. (pg. 17)
6.5 Discussion and possible action to approve a Resolution authorizing the City Manager to Execute a United States Department of Agriculture Forest Service Special Use Permit for the Centimudi Water Tank project. (pg. 23)
6.6 Discussion and possible action to approve a Resolution authorizing the City Manager or designee to execute all documents for a Carbon Reduction Program Grant not to exceed $995,265 for the Shasta Dam Boulevard Complete Streets Project. (pg. 43)
7.0 PUBLIC HEARINGS:
7.1 Public Hearing to consider an Ordinance repealing Chapter 13.12, Article V – Cross-Connections and Backflow Prevention (pg. 47)
2 CITY COUNCIL MEETING AGENDA September 3, 2024
8.0 REGULAR AGENDA:
8.1 Discussion and possible action to approve a Resolution adopting the CrossConnection Control and Backflow Program. (pg. 53)
8.2 Discussion and possible action to approve a Resolution adopting a City Facility Naming Policy. (pg. 75)
8.3 Discussion and possible action to approve a Letter of Support for the Veterans Village Affordable Housing Project. (pg. 81)
8.4 Discussion and possible action to amend the Skateboard Park Project contract specification requirement that the contractor be experienced in building skateparks. (pg. 83)
8.5 Discussion on the CDBG-MIT- Resilient Infrastructure program Notice of Award for the Raw Water Tank Project. (pg. 95)
9.0 STAFF COMMENTS:
10.0 CITY COUNCIL COMMENTS AND REPORTS:
This is the time set aside for Council Members, who may so desire, to give brief comments or reports concerning City matters. The City Council may not enter into discussion on matters reported. Statements made by individual Council Members should not be interpreted as a statement of the City Council. The City Council only takes action by majority vote. • Brief reports by members of the Council regarding correspondence, events and/or meetings attended, and upcoming meetings/events.
• Suggestions/motions for future agenda items.
• In compliance with Assembly Bill 1234, Council will report on attendance at conferences/meetings/events where expenses are reimbursed by the City.
ADJOURNMENT:
Meetings are broadcast on the Wednesday following the meeting at 6:00 PM and the following Friday at 2:00 PM on Charter Channel 181. Videos of meetings are also available through the City website: www.cityofshastalake.org In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (530) 275-7407. Notification 48 hours prior to the meeting is requested to enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). 3 4
CITY OF SHASTA LAKE
CITY COUNCIL MEETING MINUTES
MINUTES OF THE REGULAR MEETING
HELD TUESDAY, AUGUST 20, 2024, AT THE
CITY COUNCIL CHAMBERS, 4488 RED BLUFF ST, SHASTA LAKE, CALIFORNIA
1.0 CALL TO ORDER – REGULAR MEETING:
1.1 Mayor Powell convened the regular meeting at 6:00 PM
1.2 Council Members present: Eisenbeisz, Jones, Morgan, Powell, Watkins
1.3 Pledge of Allegiance was led by Mayor Powell
1.4 Invocation
2.0 AWARDS & RECOGNITIONS:
2.1 None
3.0 PRESENTATIONS:
3.1 None
4.0 COMMISSION, COMMITTEE, AND OUTSIDE AGENCY REPORTS:
4.1 Anne Morningstar, Shasta Mosquito & Vector Control District, and Shasta Lake Fire Protection District.
5.0 PUBLIC COMMENT:
Jim Mark, Shasta Lake resident
6.0 CONSENT AGENDA:
6.1 Minutes of the Regular Meeting of August 6, 2024.
6.2 Payrolls:
PE 8/03/2024 PD 8/09/2024 $162,064.66
6.3 Checks, E-payments, and wires:
7/03/2024 $556,784.67
7/11/2024 $417,164.16
7/18/2024 $2,064,792.13
7/25/2024 $1,576,902.59
5 6.4 Monthly Report of Investment Transactions:
LAIF:
July $15,222,094.39
Chandler:
July $35,311,110.84
6.5 Resolution CC 2024-60 Approving and Adopting the revised Fiscal Year 2024- 2025 payrate schedule for regular full-time and regular part-time position titles and classifications.
Motion/Vote:
By motion made/seconded (Watkins/Eisenbeisz), and carried unanimously, all Items on the Consent Agenda were approved.
7.0 PUBLIC HEARINGS:
7.1 None
8.0 REGULAR AGENDA:
8.1 Resolution CC-2024-61 amending the Parks and Recreation Advisory Commission's regular meeting location.
Public Comment:
There was no public comment on this item.
Motion/Vote:
By motion made/seconded (Morgan/Eisenbeisz), and carried unanimously, the item was approved.
8.2 Discussion and possible action to approve a Resolution adopting a Park and Recreation Facility Naming Policy.
Public Comment:
Jim Mark, Shasta Lake resident
Cheryle Yednak, Shasta Lake resident
Motion/Vote:
After discussion, the Council gave direction for staff to revise the policy to include all Public Facilities.
No action was taken on this item.
6 9.0 STAFF COMMENTS:
Jessaca Lugo, City Manager, encouraged the public to contact the City if they have any questions or concerns regarding their utility bill.
She also provided the City Council with an update on the Cascade/Oasis encampment.
She is working with Ron Harrington for the publication of a new Wildfire Lastly, she notified the City Council that the 9/11 ceremony will be held on Wednesday the 11th, and staff is working with the Lions Club for the flyer.
10.0 CITY COUNCIL COMMENTS AND REPORTS:
ADJOURNMENT:
With no further business, Mayor Powell adjourned the meeting at 7:18 pm. _________________________________
CHARITY TATLOW, Deputy City Clerk
Councilman Jones requested staff make changes to the Skateboard Park project contract.
7 8
8/21/2024 9:53:16 AM Page 6 of 6
Payroll Check Register
City of Shasta Lake Report Summary
Pay Period: 8/4/2024-8/17/2024
Packet: PYPKT00567 - PE 8.17.2024
Payroll Set: City of Shasta Lake - 01
Type
4 Count
0 6,652.22
0.00 Regular Checks
Manual Checks
0 0.00
0 0.00
Amount
77 160,305.08
Total 81 166,957.30
Reversals
Voided Checks
Direct Deposits
9 10
Report and Recommendations 6.3 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Wendy Howard, Finance Director
Jason Peterson, Finance Manager
DATE: September 3, 2024
SUBJECT: CASH & INVESTMENT REPORT FOR JUNE 30, 2024
FILE NO.:
RECOMMENDATION
Staff submits for approval the attached Cash & Investment Report for the period ending June 30, 2024.
BACKGROUND:
Per California Government Code section 53600.5 and the City’s investment policy, the primary objectives of the City’s investment program, listed in order of priority, are safety, liquidity and return. The City’s investment policy, which complies with Code, is designed to meet the requirements of Code and ensure that the City’s funds are prudently managed The City’s investment policy requires that the Finance Director submit an investment report to the City Council (governing body) each quarter that consists of the following information:
issuers (bank or institution)
type of investment or description
dollar amount
interest rate
market valuation
percent of each investment within the overall portfolio date of maturity
11 The source of the valuation of each investment is required to be reported to the City Council. Additionally, a statement indicating the agency’s ability, or lack thereof, to meet the next six (6) months cash flow requirements is required.
Each of the criteria listed above has been addressed in the attached analysis of the cash and investments that the City held on June 30, 2024. The source of market valuations has been quoted from documents received from the custodian bank or the institution holding the investments. If staff did not receive this information from the bank or institution, market value has been listed as equal to the carrying amount. Additionally, we have indicated whether funds are “restricted” for a particular purpose. Restricted funds are usually the amount of funds required to service the last debt service payment on a loan or funds for special projects (water improvement project and housing rehabilitation).
On an overall basis, the City of Shasta Lake should be able to meet its cash flow requirements for the next six months.
FISCAL IMPACTS:
None
ATTACHMENTS:
City of Shasta Lake Cash & Investment Report
Resolution for the approval of the June 30, 2024 Cash & Investment Report Cash and Investment Notes
DISTRIBUTION:
City of Shasta Lake City Council
City of Shasta Lake Files
12 This is a summary of the City’s investments arranged by the different institutions holding the assets.
Market Date of
Bank or Institution Description Amount Interest Rate Valuation % of Portfolio Maturity Cornerstone Community Bank Checking Account $1,277,581 n/a $1,277,581 2.3620% n/a Cornerstone Community Bank Money Market Account $2,580,630 n/a $2,580,630 4.7710% n/a City of Shasta Lake Petty Cash $2,100 n/a $2,100 0.0039% n/a Wells Fargo Investments Investments $34,761,099 variable $34,944,746 64.6048% Varies State of California LAIF-City $15,052,279 4.55% $14,996,827 27.7257% n/a Shasta County Trustee
(Restricted) LAIF-County* $289,179 4.55% $288,114 0.5327% n/a Grand Total $53,962,868 $54,089,998 100%
CalPERS CERBT ** Retiree Health Benefit Trust $9,509,958 variable $9,509,958 n/a n/a CalPERS CEPPT ** Retiree Pension Benefit Trust $97,647 variable $97,647 n/a n/a *Restricted = Debt Service Reserve Requirements
** This is a portfolio investment and not a bank deposit. Each employer owns a percentage of the portfolio, and does not have direct ownership of the securities in the portfolio.
It is expected that the City of Shasta Lake will be able to meet its cash flow requirements for the next six months. ____________________________________ 30-Jun-2024
Wendy Howard Date
Finance Director
City of Shasta Lake
Analysis of Cash and Investments
June 30, 2024
13 RESOLUTION CC-2024-XX
A RESOLUTION BY THE CITY OF SHASTA LAKE CITY COUNCIL ACCEPTING THE
QUARTERLY CASH AND INVESTMENT REPORT FOR THE PERIOD ENDING JUNE 30, 2024
WHEREAS, the Chief Fiscal Officer is required under Senate Bills 564 and 866 to provide a quarterly investment report to the City Council, and
WHEREAS, the report includes the issuers, type of investment or description, dollar amount, interest rate, market valuation, the percent of each investment within the overall portfolio, the date of maturity, and
WHEREAS, the source of the valuation of each investment has been quoted from documents received from the bank or institution that is the issuer of each of the investments and when not supplied the amount has been listed as equal to the carrying value, and
WHEREAS, on an overall basis, the City of Shasta Lake will be able to meet its cash flow requirements for the next six months.
NOW, THEREFORE BE IT RESOLVED that the Shasta Lake City Council accepts the Quarterly Cash and Investment Report for the Period ending June 30, 2024 for review.
PASSED, APPROVED, AND ADOPTED this 3rd day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
14 Cash Accounts Held at June 30, 2024
CCB Checking Account - The City’s checking account at Cornerstone Community Bank is primarily used to manage the day-to-day operations of the City. The Money Market account is used to facilitate liquidity. Cornerstone is paying interest at 10 bps above LAIF.
Wells Fargo Advisors CD’s (Managed by Chandler) - The Wells Fargo account holds a mix of investments, which comply with California regulations. The yield on these investments varies.
Local Agency Investment Fund (LAIF)-City - LAIF is where the City keeps its idle cash for all funds. It’s essentially the City’s cash reserves and is necessary for liquidity. This type of account allows the City to deposit and withdraw funds a maximum of 15 transactions per month without fees or penalties.
LAIF-County - The County LAIF account is essentially a reserve fund for the debt service for the USDA sewer loan. This $5.6 million loan was used to finance the expansion of the wastewater treatment plant. The final payment on the bond is due December 2034. 15 16
Report and Recommendations 6.4 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Shad Boone, Animal Control Supervisor
Jason Peterson, Finance & General Services Manager
DATE: September 3, 2024
SUBJECT: RESOLUTION APPROVING SUPPLEMENTAL APPROPRIATION
FOR THE UNIVERSITY OF CALIFORNIA DAVIS WELCOME
HOME GRANT – PAWSITIVE ASSISTANCE
FILE NO.:
RECOMMENDATION:
Staff recommends the City Council approve a supplemental budget appropriation in the amount of $50,000 (Welcome Home Grant) for the University of California Davis All Animals Statewide Animal Shelter Program Grant.
BACKGROUND:
The City received a grant award totaling $50,000 from the Regents of the University of California on behalf of its Davis Campus School of Veterinary Medicine and Koret Shelter Medicine Program in connection with the California for All Animals statewide animal shelter assistance program. The grant was executed through a Standard Agreement with UC Davis, which details the funding terms. The Welcome Home Grant allocation totals $50,000 to be used towards a $200 stipend for City of Shasta Lake Residence to receive spay/neuter services for animals from a veterinarian of their choice.
The funding will also allow the Shasta Lake Animal Shelter to provide community outreach and education.
Since the grant award was received after the FY2024-2025 Budget. Staff requests supplemental appropriation to insert the Grant funds into the FY2024-2025 Budget. 17 FISCAL IMPACTS:
Supplemental Appropriation –
Welcome Home Grant $45,000--
Welcome Grant $5,000--
ATTACHMENTS:
Resolution
UCD Agreement(s)
DISTRIBUTION:
City Council
Finance Department
18 RESOLUTION CC-2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE APPROVING A SUPPLEMENTAL APPROPRIATION OF $50,000.00 FOR THE
UNIVERSITY OF CALIFORNIA DAVIS ALL ANIMALS STATEWIDE ANIMAL
SHELTER PROGRAM
WHEREAS, the City of Shasta Lake Animal Shelter will provide a $200 voucher for City of Shasta Lake Residence to receive spay/neuter services for animals from a veterinarian of their choice; and
WHEREAS, the funding will also allow the Shasta Lake Animal Shelter to provide community outreach and education; and
WHEREAS, the grant agreement was received after the FY2024/2025 budget; and WHEREAS, this project is funded from the following capital project fund:
Welcome Home Grant (Spay/Neuter Voucher)
Expenditure Account: 270-109-6254 - $45,000.00
Revenue Account: 270-000-4386 - $45,000.00
Welcome Grant (Community Outreach)
Expenditure Account: 270-109-6255 - $5,000.00
Revenue Account: 270-000-4387 - $5,000.00
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake hereby:
1. Approves a supplemental appropriation in the amount of $50,000.00
2. Authorize the City Manager to execute all necessary documents pertaining to grant.
PASSED, APPROVED, AND ADOPTED this 3rd day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
19
UC Davis Purchase Agreement # UCDPO00058568
Formerly UC Davis Agreement # A69310
Amendment # 1
FIRST AMENDMENT TO SHELTER SERVICES AGREEMENT
(City of Shasta Lake Animal Shelter)
THIS FIRST AMENDMENT is made to the University of California, Davis campus agreement # A69310 between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its UC Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and CITY OF SHASTA LAKE ANIMAL SHELTER (“Shelter”). Purchase Order # UCDPO00058568 replaces Purchase Agreement # A69310.
The parties to the above-referenced agreement agree as follows:
1.Terms. The term of the agreement shall be amended to extend through June 6, 2025. “Exhibit A-1”, attached hereto and incorporated herein, reflects updated scope.
2.Payment by University: Payment by the Facility is increased by $50,000.00. The total not to exceed amount for the Agreement shall now read $75,000.00.
3.Other Terms. All other terms and conditions of the agreement shall remain the same.
IN WITNESS WHEREOF, the parties have executed this amendment on the dates set forth below.
CITY OF SHASTA LAKE ANIMAL THE REGENTS OF THE
SHELTER UNIVERSITY OF CALIFORNIA
By:___________________________
Print Name:_Shadrack Boone_
Title: Department Supervisor:
City of Shasta Lake Animal Control
Date: __July 23, 2024_________
By: ___________________________
Steven Kobayashi
Associate Director
Procurement & Contracting Service
UC Davis
Date: _________________________ July 15, 2024
Steven Kobayashi Digitally signed by Steven Kobayashi
DN: cn=Steven Kobayashi, o=Regents of the University
of California, ou=Procurement & Contracting Services,
[email protected], c=US
Date: 2024.07.15 08:56:18 -07'00'
20 City of Shasta Lake Animal Shelter
x Organization Contact:
o Shad Boone: [email protected]
Updated SOW & Additional Funding
x Extend term to 6/6/2025
x Awarding an additional $50,000
o Spay/neuter and veterinary services = $45,000
o Community outreach = $5,000
Exhibit A-1
21 22
Report and Recommendations 6.5 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: September 3, 2024
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE SPECIAL USE PERMIT FOR THE CENTIMUDI
WATER TANK PROJECT
FILE NO.:
RECOMMENDATION
Staff recommends that the City Council approve a Resolution authorizing the City Manager to execute a special use permit (SUP) with the U.S. Department of Agriculture Forest Service (USFS) for the Centimudi Water Tank project.
BACKGROUND
In the 2016-2026 Water Master Plan (WMP), the City of Shasta Lake addressed existing water storage capacity deficiencies for raw and treated water, and the Centimudi Tank (Project T-06) was selected as the highest priority.
The Centimudi Water Storage Tank Project is approaching completion for Environmental and Design work. Design services are being provided by PACE Engineering, who was awarded the project by City Council on September 5, 2023 per Resolution CC 2023-58.
The tank site will be located on USFS-owned property, located at the southeast corner of the intersection of Lake Blvd. and Kennett Rd., location map attached. The construction area is approximately .66 acres. In order to move forward with construction, a USFS SUP is required for the construction, operation, and maintenance of the project on USFSowned property.
The proposed project consists of a new 2.45 MG domed prestressed concrete finished water storage tank, water piping and appurtenances to tie into the existing 16” water main 23 on Lake Blvd, drainage improvements, landscaping improvements, and electric improvements at the Red Bud PRV location to facilitate communications between the tank and the Water Treatment Plant (WTP).
Over the next few months, project milestones include HCD approval of the associated environmental assessment and issuance of an Authority to Use Grant Funds, completion of construction documents, and approval of the Service Special Use Agreement issued by the US Forest. Following these steps, the city will publish an RFP, select a qualified contractor, and aim to begin construction during the spring of 2025.
FISCAL IMPACTS:
No fiscal impact
ATTACHMENTS
RESOLUTION CC-2024
Centimudi Tank Project Map
USFS Special Use Agreement SAMPLE
DISTRIBUTION
City Attorney
City Engineer
24 RESOLUTION CC 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
AUTHORIZING THE CITY MANAGER TO EXECUTE A UNITED STATES
DEPARTMENT OF AGRICULTURE FOREST SERVICE SPECIAL USE PERMIT FOR
THE CENTIMUDI WATER TANK PROJECT
WHEREAS, the City of Shasta Lake is constructing a 2.45 million water gallon potable water tank to serve the community of Shasta Lake, United States Bureau of Reclamation, and United States Forest Service; and
WHEREAS, the Water Tank project will be located on the USFS-owned .66-Acre tract, located at the southeast corner of the intersection of Lake Blvd. and Kennett Rd; and WHEREAS, a United States Department of Agriculture Forest Service Special Use Permit is required for construction, operation, and maintenance of the project on USFS-owned property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHASTA LAKE AS FOLLOWS:
Section 1. The City Council hereby authorizes the City Manager to fully execute all documents related to the United States Department of Agriculture Forest Service, including the Special Use Permit, environmental documents, and any addendums hereto.
PASSED, APPROVED, AND ADOPTED this 3rd day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
25 P:\\GIS\Water\Centimudi_WaterStorageTank_LocationMap_8x11P.aprx
LOCATION MAP
CENTIMUDI WATER STORAGE TANK PROJECT
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C`"
16'' Steel
20'' Ductile Iron
Tie in existing
electrical facilities
2.45 MG
CONCRETE
STORAGE
TANK
KENNETT RD
LAKE BLVD
LAKE BLVD
Construction area subject
to ground disturbance
.66 acres
0 I
50 100
Feet
Map Produced: August 26, 2024
Legend
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Construction Area
Proposed Tank
Access Buffer
Existing Water Main
C`" Electric Meter
Project Location
LAKE BLVD
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Aý
1:1,200
26 SAMPLE
Authorization ID: #AUTH_ID# FS-2700-4 (09/2020)
Contact ID: #HOLDER_ID# OMB 0596-0082
Expiration Date: #EXPIRATION_DATE#
Use Code: #USE_CODE#
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SPECIAL USE PERMIT
AUTHORITY:
#AUTHORITY_NAME#
<Delete all user notes before printing.>
#HOLDER_NAME# of #HOLDER_ADD_LINE_1#, #HOLDER_ADD_LINE_2#, #HOLDER_ADD_LINE_3#, #HOLDER_CITY#, #HOLDER_STATE# #HOLDER_ZIP# (hereinafter “the holder”) is authorized to use or occupy National Forest System lands in the National Forest or unit of the National Forest System, subject to the terms of this special use permit (permit).
This permit covers #USE_ACRES# acres or #USE_MILES# miles in the #TOWNSHIP_SECT_RANGE# #FIRST_DIVISION# #FIRST_DIV_NAME_NUMBER#, #SECOND_DIVISION# SECOND_DIV_NAME_NUMBER#, #THIRD_DIVISION# #THIRD_DIV_NAME_NUMBER# (“the permit area”), as shown on the map in Appendix A. This and any other appendices to this permit are hereby incorporated into this permit.
This permit is issued for the purpose of:
#PURPOSE#
I. GENERAL TERMS
A. AUTHORITY. This permit is issued pursuant to [name of and cite for authority] and 36 CFR Part 251, Subpart B, as amended, and is subject to their provisions.
B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grassland Supervisor, a District Ranger, or the Station, Institute, or Area Director with delegated authority pursuant to Forest Service Manual 2700.
C. TERM. This permit shall expire at midnight on #EXPIRATION_DATE#. Expiration of this permit shall not require notice, a decision document, or any environmental analysis or other documentation.
D. CONTINUATION OF USE AND OCCUPANCY. This permit is not renewable. Prior to expiration of this permit, the holder may apply for a new permit for the use and occupancy authorized by this permit. Applications for a new permit must be submitted at least 6 months prior to expiration of this permit. Issuance of a new permit is at the sole discretion of the authorized officer. At a minimum, before issuing a new permit, the authorized officer shall ensure that (1) the use and occupancy to be authorized by the new permit are consistent with the standards and guidelines in the applicable land management plan; (2) the type of use and occupancy to be authorized by the new permit is the same as the type of use and occupancy authorized by this permit; and (3) the holder is in compliance with all the terms of this permit. The authorized officer may prescribe new terms when a new permit is issued.
E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new terms that may be required by law, regulation, directive, the applicable land management plan, or projects and activities implementing the land management plan pursuant to 36 CFR Part 218. 27 SAMPLE
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the rights and privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the permit area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other governmental entities.
G. NON-EXCLUSIVE USE. The use or occupancy authorized by this permit is not exclusive. The Forest Service reserves the right of access to the permit area, including a continuing right of physical entry to the permit area and the authorized facilities and improvements for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation. The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent with the holder's rights and privileges under this permit, after consultation with all parties involved. Except for any restrictions that the holder and the authorized officer agree are necessary to protect the installation and operation of authorized temporary improvements, the lands and waters covered by this permit shall remain open to the public for all lawful purposes.
H. ASSIGNABILITY. This permit is not assignable or transferable. <USER NOTES FOR CLAUSE I.I>
<Delete this clause and re-letter the remaining clause in this section if the permit does not authorize the use of privately owned improvements.>
I. TRANSFER OF TITLE TO THE IMPROVEMENTS
1. Notification of Transfer. The holder shall notify the authorized officer when a transfer of title to all or part of the authorized improvements is planned.
2. Transfer of Title. Any transfer of title to the improvements covered by this permit shall result in termination of the permit. The party who acquires title to the improvements must submit an application for a permit. The Forest Service is not obligated to issue a new permit to the party who acquires title to the improvements. The authorized officer shall determine that the applicant meets requirements under applicable federal regulations. <USER NOTES FOR CLAUSE I.J>
<Delete this clause if the permit is not issued to a business entity and re-letter the remaining clauses in this section.>
J. CHANGE IN CONTROL OF THE BUSINESS ENTITY
1. Notification of Change in Control. The holder shall notify the authorized officer when a change in control of the business entity that holds this permit is planned.
(a) In the case of a corporation, control is an interest, beneficial or otherwise, of sufficient outstanding voting securities or capital of the business so as to permit the exercise of managerial authority over the actions and operations of the corporation or election of a majority of the board of directors of the corporation. (b) In the case of a partnership, limited partnership, joint venture, or individual entrepreneurship, control is a beneficial ownership of or interest in the entity or its capital so as to permit the exercise of managerial authority over the actions and operations of the entity.
(c) In other circumstances, control is any arrangement under which a third party has the ability to exercise management authority over the actions or operations of the business.
2. Effect of Change in Control. Any change in control of the business entity as defined in paragraph 1 of this clause shall result in termination of this permit. The party acquiring control must submit an application for a special use permit. The Forest Service is not obligated to issue a new permit to the party who acquires control.
The authorized officer shall determine whether the applicant meets the requirements established by applicable federal regulations.
28 SAMPLE
<USER NOTES FOR CLAUSE I.K>
<Include this clause only if the permit is issued under the Federal Land Policy and Management Act to a federal entity. Re-letter the remaining clause if it is included.> K. CONVEYANCE OF LANDS COVERED BY THIS PERMIT. The authorized officer shall give the holder at least 90 days prior written notice of any pending conveyance of the lands covered by this permit. With the holder’s consent, the Forest Service may convey the lands covered by this permit without reserving the right-ofway granted by this permit. If the holder does not consent to conveyance without reservation of the right-of-way, the Forest Service may convey the lands covered by this permit only if the lands are subject to the right-of-way granted by this permit.
<USER NOTES FOR CLAUSE I.L>
<Include this clause only if the permit is issued under the Act of September 3, 1954, 43 U.S.C. 931c, to authorize use of federal buildings or other federal facilities.> L. TERMINATION UPON A CHANGE IN THE AUTHORIZED USE AND OCCCUPANCY. This permit shall terminate when the permit area ceases to be used for the purpose authorized by this permit (43 U.S.C. 931c).
II. IMPROVEMENTS
A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any structure or facility or to conduct any activity, unless specifically authorized by this permit. Any use not specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54 or 251.61. Approval of such a proposed use through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer.
B. DRAWINGS. All drawings for development, layout, construction, reconstruction, or alteration of improvements in the permit area, as well as revisions to those drawings, must be prepared by a professional engineer, architect, landscape architect, or other qualified professional acceptable to the authorized officer.
These drawings and drawing revisions must have written approval from the authorized officer before they are implemented. The authorized officer may require the holder to furnish as-built drawings, maps, or surveys upon completion of the work.
C. CONSTRUCTION. Any construction authorized by this permit shall commence by and shall be completed by .
III. OPERATIONS
A. PERIOD OF USE. Use or occupancy of the permit area shall be exercised at least days each year.
B. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this permit. Standards are subject to periodic change by the authorized officer when deemed necessary to meet statutory, regulatory, or policy requirements or to protect national forest resources.
C. USE OF NATIONAL FOREST SYSTEM ROADS AND NATIONAL FOREST SYSTEM TRAILS. The holder’s use of National Forest System roads and National Forest System trails shall comply with applicable requirements in 36 CFR Part 212, Subpart A; 36 CFR Part 261, Subpart A; and orders issued under 36 CFR Part 261, Subpart B. Motor vehicle use shall be consistent with designations made under 36 CFR Part 212, Subpart B, unless specifically provided otherwise in the operating plan. Over-snow vehicle use shall be consistent with designations made under 36 CFR Part 212, Subpart C, unless specifically provided otherwise in the operating plan.
29 SAMPLE
<USER NOTES FOR CLAUSE III.D>
<Include clause III.D in permits that will have an operating plan. Otherwise, delete it, and re-letter the remaining clauses in section III.>
D. OPERATING PLAN. The holder shall prepare and annually revise by [date] an operating plan. The operating plan shall be prepared in consultation with the authorized officer or the authorized officer’s designated representative and shall cover all operations authorized by this permit. The operating plan shall outline steps the holder will take to protect public health and safety and the environment and shall include sufficient detail and standards to enable the Forest Service to monitor the holder’s operations for compliance with the terms of this permit. The operating plan shall be submitted by the holder and approved in writing by the authorized officer or the authorized officer’s designated representative prior to commencement of operations and shall be attached to this permit as an appendix. Any operating plan revisions shall be submitted by the holder and approved in writing by the authorized officer or the authorized officer’s designated representative before they are implemented. The authorized officer may require an annual meeting with the holder to discuss the terms of the permit or operating plan, annual use reports, or other concerns either party may have.
E. MONITORING BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the right to inspect the permit area and authorized facilities and improvements at any time for compliance with the terms of this permit. The holder shall comply with inspection requirements deemed appropriate by the authorized officer. The holder’s obligations under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or authorized facilities or improvements. A failure by the Forest Service or other governmental officials to inspect is not a justification for noncompliance with any of the terms of this permit.
F. CUTTING, DISPOSAL, AND PLANTING OF VEGETATION. This permit does not authorize the cutting of trees, brush, shrubs, and other plants (“vegetation”). Vegetation may be cut, destroyed, or trimmed only after the authorized officer or the authorized officer's designated representative has approved in writing and marked or otherwise identified what may be cut, destroyed, or trimmed. The holder shall notify the authorized officer when approved cutting, destruction, or trimming of vegetation has been completed. The Forest Service shall determine in advance of felling the method of disposal of trees felled in the permit area that meet utilization standards.
Disposal may be by sale or without charge per 36 CFR Part 223, as may be most advantageous to the United States. Debris from felling that does not meet utilization standards shall also be disposed of according to methods determined by the Forest Service. Planting of vegetation in the permit area must have prior written approval from the authorized officer.
IV. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are reviewable solely under the procedures set forth in 36 CFR Part 214 and 5 U.S.C. 704. This permit does not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be used as collateral for a loan.
B. VALID EXISTING RIGHTS. This permit is subject to all valid existing rights. Valid existing rights include those derived under mining and mineral leasing laws of the United States. The United States is not liable to the holder for the exercise of any such right.
C. ABSENCE OF THIRD-PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on any third party as a beneficiary under this permit.
D. NO WARRANTY OF ACCESS, SITE SUITABILITY, OR SERVICES. This permit authorizes the use and occupancy of National Forest System lands by the holder for the purposes identified in this permit. The Forest Service does not make any express or implied warranty of access to the permit area, of the suitability of the permit area for the authorized uses, or for the furnishing of road or trail maintenance, water, fire protection services, search and rescue services, or any other services by a government agency, utility, association, or individual.
30 SAMPLE
<USER NOTES FOR THE REMAINING CLAUSES IN SECTION IV>
<Include the following clauses IV.E through IV.K in permits issued to non-federal entities unless otherwise directed by the user notes. Delete the following clauses IV.E through IV.L for federal entities.> E. RISK OF LOSS. The holder assumes all risk of loss to the authorized improvements and all risk of loss of use and occupancy of the permit area, in whole or in part, due to public health and safety or environmental hazards. Loss to the authorized improvements and of use and occupancy of the permit area may result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), environmental contamination, avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If any authorized improvements are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed, this permit shall terminate. If the authorized officer determines that the permit area cannot be safely occupied due to a public health or safety or environmental hazard, this permit shall terminate. Termination under this clause shall not give rise to any claim for damages, including lost profits and the value of the improvements, by the holder against the Forest Service.
F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the land, property, and other interests of the United States that are associated with the use and occupancy authorized by this permit. Damage includes but is not limited to destruction of or damage to National Forest System lands, fire suppression costs, and destruction of or damage to federally owned improvements.
1. The holder shall be liable for all injury, loss, or damage, including fire suppression costs, prevention and control of the spread of invasive species, and the costs of rehabilitation or restoration of natural resources, resulting from the holder’s use and occupancy of the permit area. Compensation shall include but not be limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including attorney's fees), and other costs. Such costs may be deducted from a performance bond required under clause IV.J.
2. The holder shall be liable for damage to all roads and trails of the United States caused by use of the holder or the holder's heirs, assignees, agents, employees, or contractors to the same extent as provided under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and tear.
G. HEALTH AND SAFETY. The holder shall take all measures necessary to protect the health and safety of all persons affected by the use and occupancy authorized by this permit. The holder shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any physical or mechanical procedure, activity, event, or condition existing or occurring in connection with the authorized use and occupancy during the term of this permit that causes or threatens to cause a hazard to the health or safety of the public or the holder’s employees, agents, or contractors. The holder shall as soon as practicable notify the authorized officer of all serious accidents that occur in connection with these procedures, activities, events, or conditions. The Forest Service has no duty under the terms of this permit to inspect the permit area or operations of the holder for hazardous conditions or compliance with health and safety standards.
H. ENVIRONMENTAL PROTECTION
1. Compliance with Environmental Laws. The holder shall in connection with the use and occupancy authorized by this permit comply with all applicable federal, state, and local environmental laws and regulations, including but not limited to those established pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.
2. Definition of Hazardous Material. For purposes of clause IV.H and section V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of CERCLA, 42 U.S.C. 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. 9601(33); (c) any petroleum product or its derivative, 31 SAMPLE
including fuel oil, and waste oils; and (d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment under any applicable environmental laws.
3. Oil Discharges and Release of Hazardous Materials. The holder shall immediately notify all appropriate response authorities, including the National Response Center and the authorized officer or the authorized officer’s designated representative, of any oil discharge or of the release of a hazardous material in the permit area in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part 153 and 40 CFR Part 302. For the purposes of this requirement, “oil” is as defined by section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the authorized officer or the authorized officer’s designated representative of any release or threatened release of any hazardous material in or near the permit area which may be harmful to public health or welfare or which may adversely affect natural resources on federal lands.
4. Remediation of Release of Hazardous Materials. The holder shall remediate any release, threat of release, or discharge of hazardous materials that occurs in connection with the holder’s activities in the permit area, including activities conducted by the holder's agents, employees, or contractors and regardless of whether those activities are authorized under this permit. The holder shall perform remediation in accordance with applicable law immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall perform the remediation to the satisfaction of the authorized officer and at no expense to the United States. Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service in compliance with all applicable laws and regulations and free and clear of contamination.
I. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in connection with the use or occupancy authorized by this permit. This indemnification provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assignees, agents, employees, or contractors in connection with the use and occupancy authorized by this permit which result in (1) violations of any laws and regulations which are now or which may in the future become applicable; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any form, or petroleum product into the environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in combination with or as an alternative to monetary indemnification.
J. BONDING. The authorized officer may require the holder to furnish a surety bond or other security for any of the obligations imposed by the terms of this permit or any applicable law, regulation, or order. <USER NOTES FOR CLAUSES IV.J.1 THROUGH IV.J.3>
<Delete clauses IV.J.1 through IV.J.3 when a bond is not required.>
1. As a further guarantee of compliance with the terms of this permit, the holder shall deliver and maintain a surety bond or other acceptable security, such as cash deposited and maintained in a federal depository or negotiable securities of the United States, in the amount of #AMOUNT# for [specify obligations covered, e.g., to secure the holder’s obligation to restore the permit area after construction or upon revocation or termination of the permit without issuance of a new permit]. The authorized officer may periodically evaluate the adequacy of the bond or other security and increase or decrease the amount as appropriate. If the bond or other security becomes unsatisfactory to the authorized officer, the holder shall within 30 days of demand furnish a new bond or other security issued by a surety that is solvent and satisfactory to the authorized officer. If the holder fails to meet any of the requirements secured under this clause, money deposited pursuant to this clause shall be retained by the United States to the extent necessary to satisfy the obligations secured under this clause, without prejudice to any other rights and remedies of the United States.
2. The bond shall be released or other security returned 30 days after (a) the authorized officer certifies that the obligations covered by the bond or other security are met and (b) the holder establishes to the satisfaction of the authorized officer that all claims for labor and material for the secured obligations have been paid or released. 32 SAMPLE
3. The holder may be required to obtain additional bonding or security prior to undertaking additional construction or alteration not covered by the bond or other security or when the authorized improvements are to be removed and the permit area restored.
<Include clause IV.K where the authorized use is high risk pursuant to 36 CFR 251.56(d)(2), such as an oil or gas pipeline or a dam with a high hazard assessment classification. Delete clause IV.K where the authorized use is not high risk pursuant to 36 CFR 251.56(d)(2), and re-letter the remaining clause in this section.>
K. STRICT LIABILITY. The holder shall be strictly liable (liable without proof of negligence) to the United States up to the limit specified in 36 CFR 251.56(d)(2), as amended, per occurrence for any injury, loss, or damage arising in tort under this permit. Liability in tort for injury, loss, or damage to the United States exceeding the prescribed amount of strict liability in tort shall be determined under the law of negligence. <USER NOTES FOR CLAUSE IV.L. RE-LETTER THIS CLAUSE IF NECESSARY.> <READ ALL USER NOTES BEFORE MAKING A SELECTION.>
<Include clause IV.L in permits that authorize public services or a high-risk use and occupancy pursuant to 36 CFR 251.56(d)(2), such as an oil or gas pipeline or a dam with a high hazard assessment classification. Do not include clause IV.L in permits that do not authorize public services or a high-risk use and occupancy and for which the authorized officer has determined that insurance is not required.> L. INSURANCE. The holder shall furnish proof of insurance, such as a certificate of insurance, to the authorized officer prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves the right to review the insurance policy and require any changes needed to ensure adequate coverage of the United States in connection with the authorized use and occupancy. The holder shall send an authenticated copy of any insurance policy obtained pursuant to this clause to the authorized officer immediately upon issuance of the policy. Any insurance policy obtained by the holder pursuant to this clause shall include the United States as an additional insured in an endorsement to the policy, and the additional insured provision shall provide for insurance coverage for the United States as required under this clause and to the extent of the full limits of insurance available to the holder. The holder shall give 30 days prior written notice to the authorized officer of cancellation of or any modification to the insurance policy. The certificate of insurance, the authenticated copy of the insurance policy, and written notice of cancellation or modification of an insurance policy should be sent to . Minimum amounts of coverage and other insurance requirements are subject to change at the sole discretion of the authorized officer on the anniversary date of this permit.
1. The holder shall have in force liability insurance covering losses [, including those arising from strict liability,] associated with the use or occupancy authorized by this permit arising from personal injury or death and thirdparty property damage in the minimum amount of $ as a combined single limit per occurrence.
2. Depending on the holder's operations, the Forest Service may require the holder to demonstrate the availability of funds to address any release or threatened release of hazardous materials that may occur in connection with the holder's use or occupancy. Any requirements imposed would be established on a case-bycase basis by the authorized officer based on the degree of environmental risk from the holder's operations. The storage and use of normal maintenance supplies in nominal amounts generally would not trigger financial assurance requirements.
<USER NOTES FOR STATES>
<If the state that has shown that state law limits its liability or obligation to indemnify, follow the direction in FSH 2709.11, Chapter 50, section 52.2, clause B-12.> <USER NOTES FOR FEDERAL ENTITIES>
<When issuing a permit to federal entities, use the following clauses IV.E through IV.G, and delete clauses IV.E through IV.L above.>
E. RISK OF LOSS. The holder assumes all risk of loss to the authorized improvements and all risk of loss of use and occupancy of the permit area, in whole or in part, due to public health and safety or environmental 33 SAMPLE
hazards. Loss to the authorized improvements and of use and occupancy of the permit area may result from but is not limited to theft, vandalism, fire and any fire-fighting activities (including prescribed burns), environmental contamination, avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If any authorized improvements are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the authorized improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed, this permit shall terminate. If the authorized officer determines that the permit area cannot be safely occupied due to a public health or safety or environmental hazard, this permit shall terminate. Termination under this clause shall not give rise to any claim for damages, including lost profits and the value of the improvements, by the holder against the Forest Service.
F. HEALTH AND SAFETY. The holder shall take all measures necessary to protect the health and safety of all persons affected by the use and occupancy authorized by this permit. The holder shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any physical or mechanical procedure, activity, event, or condition existing or occurring in connection with the authorized use and occupancy during the term of this permit that causes or threatens to cause a hazard to the health or safety of the public or the holder’s employees, agents, or contractors. The holder shall as soon as practicable notify the authorized officer of all serious accidents that occur in connection with these procedures, activities, events, or conditions. The Forest Service has no duty under the terms of this permit to inspect the permit area or operations of the holder for hazardous conditions or compliance with health and safety standards.
G. ENVIRONMENTAL PROTECTION
1. Compliance with Environmental Laws. The holder shall in connection with the use and occupancy authorized by this permit comply with all applicable federal, state, and local environmental laws and regulations, including but not limited to those established pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.
2. Definition of Hazardous Material. For purposes of clause IV.G and section V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. 9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment under any applicable environmental laws.
3. Oil Discharges and Release of Hazardous Materials. The holder shall immediately notify all appropriate response authorities, including the National Response Center and the authorized officer or the authorized officer’s designated representative, of any oil discharge or of the release of a hazardous material in the permit area in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part 153 and 40 CFR Part 302. For the purposes of this requirement, “oil” is as defined by section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the authorized officer or the authorized officer’s designated representative of any release or threatened release of any hazardous material in or near the permit area which may be harmful to public health or welfare or which may adversely affect natural resources on federal lands.
4. Remediation of Release of Hazardous Materials. The holder shall remediate any release, threat of release, or discharge of hazardous materials that occurs in connection with the holder’s activities in the permit area, including activities conducted by the holder's agents, employees, or contractors and regardless of whether those activities are authorized under this permit. The holder shall perform remediation in accordance with applicable law immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall perform the remediation to the satisfaction of the authorized officer and at no expense to the Forest Service. Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service in compliance with all applicable laws and regulations and free and clear of contamination. 34 SAMPLE
<Include the following clause IV.H only in permits issued to federal entities under the Federal Land Policy and Management Act. Otherwise, delete the following clause IV.H.> H. LIABILITY FOR INJURY. As an agency of the United States, the holder is limited by federal law as to the assumption of liability for its acts or omissions. The holder agrees, within its legal limitations and limitations of appropriations, to be responsible for all damages arising from injury to persons or property associated with the use and occupancy authorized by this permit. The holder further agrees, to the extent legally permissible, to use its appropriations and resources as required to pay any claims and to repair damage to the federal lands covered by this permit. The Forest Service is exempt from any burdens, other than administrative costs, which may arise in connection with the use and occupancy authorized by this permit.
V. RESOURCE PROTECTION
A. WATER POLLUTION. No waste or by-product shall be discharged into water in connection with the use and occupancy authorized by this permit except in full compliance with all applicable federal, state, and local environmental and other laws. Storage facilities for materials capable of causing water pollution, if accidentally discharged, shall be located so as to prevent any spillage into waters or channels leading into water except in full compliance with all applicable federal, state, and local environmental and other laws.
B. SCENIC VALUES. The holder shall protect the scenic values of the permit area and the adjacent land to the greatest extent possible during construction, operation, and maintenance of the authorized improvements.
C. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and disorderly conduct and when necessary shall contact the appropriate law enforcement officer.
D. PESTICIDE USE
1. Authorized Officer Concurrence. Pesticides may not be used outside of buildings in the permit area to control pests, including undesirable woody and herbaceous vegetation (including aquatic plants), insects, birds, rodents, or fish without prior written concurrence of the authorized officer. Only those products registered or otherwise authorized by the U.S. Environmental Protection Agency and appropriate State authority for the specific purpose planned shall be authorized for use within areas on National Forest System lands.
2. Pesticide-Use Proposal. Requests for concurrence of any planned uses of pesticides shall be provided in advance using the Pesticide-Use Proposal (form FS-2100-2). Annually the holder shall, on the due date established by the authorized officer, submit requests for any new, or continued, pesticide usage. The PesticideUse Proposal shall cover a 12-month period of planned use. The Pesticide-Use Proposal shall be submitted at least 60 days in advance of pesticide application. Information essential for review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests require control measures which were not anticipated at the time a Pesticide-Use Proposal was submitted.
3. Safety Plan. Before applying pesticides in the permit area, the holder shall submit to the authorized officer a safety plan that includes, at a minimum, a precise statement of the treatment objectives; a description of the equipment, materials, and supplies to be used, including pesticide formulation, quantities, and application methods; a description of the lines of responsibility for project planning, project monitoring, and after-action review; a description of any necessary interagency coordination; a copy of the current Pesticide-Use Proposal for the permit; a description of the process by which treatment effectiveness will be determined; and a spill plan, communications plan, security plan, and when required by applicable local requirements, a provision for prior notification to sensitive individuals.
4. Reporting. By September 30th annually, the holder shall submit to the authorized officer a written report of each pesticide application project completed during the previous 12-month period. The report shall contain information pertaining to the pesticide application projects as requested by the authorized officer. 35 SAMPLE
5. Labeling, Laws, and Regulations. Label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers. No pesticide waste, excess materials, or containers shall be disposed of in any area administered by the Forest Service.
E. ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer of any antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this permit. The holder shall leave these discoveries intact and in place until otherwise directed by the authorized officer.
F. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT (NAGPRA). In accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the holder shall immediately cease work in the area of the discovery and shall leave the discoveries intact and in place. The holder shall follow the applicable NAGPRA protocols for the undertaking provided in the NAGPRA plan of action or the NAGPRA comprehensive agreement; if there are no such agreed-upon protocols, the holder shall as soon as practicable notify the authorized officer of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a NAGPRA plan of action has been executed by the Forest Service following tribal consultation and any preconditions have been met.
G. PROTECTION OF THREATENED AND ENDANGERED SPECIES, SENSITIVE SPECIES, AND SPECIES
OF CONSERVATION CONCERN AND THEIR HABITAT
1. Threatened and Endangered Species and Their Habitat. The location of sites within the permit area needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 1531 et seq., as amended, or within designated critical habitat shall be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on listed species or designated critical habitat affected by the authorized use and occupancy.
Discovery by the holder or the Forest Service of other sites within the permit area containing threatened or endangered species or designated critical habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map.
2. Sensitive Species and Species of Conservation Concern and Their Habitat. The location of sites within the permit area needing special measures for protection of plants or animals designated by the Regional Forester as sensitive species or as species of conservation concern pursuant to FSM 2670 shall be shown on a map in an appendix to this permit and may be shown on the ground. The holder shall take any protective and mitigation measures specified by the authorized officer as necessary and appropriate to avoid or reduce effects on sensitive species or species of conservation concern or their habitat affected by the authorized use and occupancy. Discovery by the holder or the Forest Service of other sites within the permit area containing sensitive species or species of conservation concern or their habitat not shown on the map in the appendix shall be promptly reported to the other party and shall be added to the map.
H. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous materials at the site without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the authorized officer provides approval, this permit shall include or, in the case of approval provided after this permit is issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific type of materials to be stored, the volume, the type of storage, and a spill or release prevention and control plan. Such terms shall be proposed by the holder and are subject to approval by the authorized officer.
<USER NOTES FOR CLAUSES V.H.1 THROUGH V.H.4>
<Include clauses V.H.1 through V.H.4 for non-federal entities, and clauses V.H.1, V.H.3 and V.H.4, relettered appropriately, for federal entities, when consenting to store hazardous materials. Otherwise, delete all four paragraphs.>
36 SAMPLE
1. If the holder receives consent to store hazardous material, the holder shall identify to the Forest Service any hazardous material to be stored at the site. This identifying information shall be consistent with column (1) of the table of hazardous materials and special provisions enumerated at 49 CFR 172.101 whenever the hazardous material appears in that table. For hazard communication purposes, the holder shall maintain Material Safety Data Sheets for any stored hazardous chemicals, consistent with 29 CFR 1910.1200(c) and (g). In addition, all hazardous materials stored by the holder shall be used, labeled, stored, transported, and disposed of in accordance with all applicable federal, state, and local laws and regulations. Any hazardous material transportation and disposal manifests shall clearly identify the holder as the generator of the hazardous waste.
2. If hazardous materials are used or stored at the site, the authorized officer may require the holder to deliver and maintain a surety bond in accordance with clause IV.J.
3. The holder shall not release any hazardous material onto land or into rivers, streams, impoundments, or natural or artificial channels leading to them. All prudent and safe attempts must be made to contain any release of these materials. The authorized officer in charge may specify specific conditions that must be met, including conditions more stringent than federal, state, and local regulations, to prevent releases and protect natural resources.
4. If the holder uses or stores hazardous materials at the site, upon revocation or termination of this permit the holder shall provide the Forest Service with a report certified by a professional or professionals acceptable to the Forest Service that the permit area is uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of hazardous materials upon the permit area, into surface water at or near the permit area, or into groundwater below the permit area during the term of the permit. If a release or discharge has occurred, the professional or professionals shall document and certify that the release or discharge has been fully remediated and that the permit area is in compliance with all applicable federal, state, and local laws and regulations.
VI. LAND USE FEE AND DEBT COLLECTION
<USER NOTES FOR CLAUSE VI.A>
<READ ALL USER NOTES BEFORE MAKING A SELECTION.>
<Include the applicable clause VI.A and delete the remaining options for clause VI.A.> <Include the following clause VI.A when the applicant is exempt from a land use fee. Delete clauses VI.B and VI.C.>
A. LAND USE FEE. The holder is exempt from a land use fee pursuant to 36 CFR 251.57 and Forest Service Handbook 2709.11, Chapter 30.
<Include the following clause VI.A when the applicant’s land use fee is waived. Document the land use fee waiver in SUDS.>
A. LAND USE FEE. The holder’s land use fee has been waived pursuant to 36 CFR 251.57 and Forest Service Handbook 2709.11, Chapter 30. The authorized officer reserves the right to review the land use fee waiver determination periodically and to charge all or part of the land use fee if the waiver is no longer appropriate. <Include the following clause VI.A for organizational camps or uses subject to the Graduated Rate Fee System (GRFS), using the applicable clause or clauses. Delete the bracketed text and brackets.> A. LAND USE FEE. [From FSH 2709.11, Chapter 50, insert clause A-16 for organizational camps or clauses A-1 and A-2 for uses subject to GRFS.]
<Include the following clause VI.A for linear rights-of-way. Calculate the land use fee using the linear right-of-way fee schedule in FSH 2709.11, Chapter 30, section 36.41, exhibits 01 and 02.> A. LAND USE FEE. Per 42 U.S.C. 15925, the holder shall pay in advance an annual land use fee as determined in accordance with the Per Acre Rent Schedule established by 43 CFR 2806.20. The initial annual 37 SAMPLE
land use fee shall be prorated if less than 6 months in the calendar year remain on the date this permit is issued. Otherwise, the holder shall pay the entire initial annual land use fee. <Include the following clause VI.A for uses for which the land use fee is not indexed (such as many nonlinear uses). Calculate the land use fee based on applicable direction in FSH 2709.11, Chapter 30.> A. LAND USE FEE. The holder shall pay in advance an annual land use fee of $_______. <Include the following clause VI.A when the permit is issued for a communications use.> A. LAND USE FEE. The holder shall pay in advance an annual land use fee in accordance with the fee schedule for communications uses in Forest Service Handbook 2709.11, Chapter 90. The annual land use fee shall be adjusted annually using the Consumer Price Index-Urban (CPI-U).
B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to reflect the market value of the authorized use or occupancy or when the fee system used to calculate the land use fee is modified or replaced.
C. LAND USE FEE PAYMENTS
1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except that if a payment is received on a non-workday, the payment shall not be credited until the next workday.
2. Disputed Land Use Fees. Land use fees are due and payable by the due date. Disputed land use fees, other than land use fees recalculated pursuant to an audit, must be paid in full. Adjustments will be made if dictated by an administrative appeal decision, a court decision, or settlement terms.
3. Late Payments
(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any land use fee not paid within 30 days from the date it became due. The rate of interest assessed shall be the higher of the Prompt Payment Act rate or the rate of the current value of funds to the United States Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published annually or quarterly by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest on the principal shall accrue from the date the land use fee is due.
(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and handling the delinquency shall be assessed.
(c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days delinquent and shall accrue from the same date on which interest charges begin to accrue. (d) Termination for Nonpayment. This permit shall terminate if the holder fails to pay any land use fee, interest, or any other charges within 90 calendar days of the due date. The holder shall remain responsible for the delinquent charges.
4. Administrative Offset and Credit Reporting. Delinquent land use fees and other charges associated with this permit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. and common law. Delinquencies are subject to any or all of the following:
(a) Administrative offset of payments due the holder from the Forest Service. (b) If in excess of 90 days, referral to the United States Department of the Treasury for appropriate collection action as provided by 31 U.S.C. 3711(g)(1).
(c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C. 3720 et seq. (d) Disclosure to consumer or commercial credit reporting agencies. 38 SAMPLE
<USER NOTES FOR CLAUSE VI.C.5>
<When the annual land use fee is $100 or less, the authorized officer may require consolidated payment of land use fees, i.e., payment of land use fees for more than one year. If the annual land use fee is over $100 and the holder is an individual rather than an entity, the holder has the option to consolidate payment of the land use fee. Under FSH 2709.11, section 32.21, no more than 5 payments may be consolidated. If payment of land use fees is consolidated, include the following clause VI.C.5. Otherwise, delete it.>
5. Consolidated Payment. Payment of annual land use fees for [number up to 5] years shall be consolidated.
The first consolidated payment shall be made on [date first full payment is due], when the first full annual land use fee payment is due, and thereafter every [number up to 5 given above] years from [date first full payment is due], until this permit expires.
VII. REVOCATION, SUSPENSION, AND TERMINATION
<USER NOTES FOR CLAUSE VII.A>
<Include the following clause VII.A in permits issued to federal entities under the Federal Land Policy and Management Act. Delete the remaining clause VII.A and clause VII.B, and re-letter the remaining clauses in section VII.>
A. REVOCATION AND SUSPENSION
1. The authorized officer may not revoke or suspend this permit without the concurrence of the holder.
2. The authorized officer may revoke this permit at the request of the holder. Revocation at the request of the holder must be agreed to in writing by the authorized officer. As a condition of revocation of this permit at the request of the holder, the authorized officer has discretion to impose any terms deemed appropriate as provided for in this permit.
<Include the following clauses VII.A through VII.E in permits that are not issued to federal entities under the Federal Land Policy and Management Act. Delete clause VII.A above.> A. REVOCATION AND SUSPENSION
1. The authorized officer may revoke or suspend this permit in whole or in part:
(a) For noncompliance with federal, state, or local law; (b) For noncompliance with the terms of this permit;
(c) For abandonment or other failure of the holder to exercise the privileges granted; or (d) At the discretion of the authorized officer, for specific and compelling reasons in the public interest.
2. The authorized officer may revoke this permit at the request of the holder. Revocation at the request of the holder must be agreed to in writing by the authorized officer. As a condition of revocation of this permit at the request of the holder, the authorized officer has discretion to impose any terms deemed appropriate as provided for in this permit.
3. Prior to revocation or suspension, other than revocation at the request of the holder under clause VII.A.2 and immediate suspension under clause VII.B, the authorized officer shall give the holder written notice of the grounds for revocation or suspension and a reasonable period, typically not to exceed 90 days, to cure any noncompliance.
B. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or in part when necessary to protect public health or safety or the environment. The suspension decision shall be in writing. 39 SAMPLE
The holder may request an on-site review with the authorized officer’s superior of the adverse conditions prompting the suspension. The authorized officer’s superior shall grant this request within 48 hours. Following the on-site review, the authorized officer’s superior shall promptly affirm, modify, or cancel the suspension.
C. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration of this permit are subject to administrative appeal pursuant to 36 CFR Part 214, as amended. Revocation or suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service.
D. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs without any action by the authorized officer. Examples include but are not limited to expiration of the permit by its terms on a specified date and, in the case of a permit issued to a business entity, termination upon change of control of the business entity. Termination of this permit shall not require notice, a decision document, or any environmental analysis or other documentation. Termination of this permit is not subject to administrative appeal and shall not give rise to any claim for damages by the holder against the Forest Service. <USER NOTES FOR CLAUSE VII.E>
<Include the following clause VII.E in permits issued to non-federal entities, and delete the remaining clause VII.E.>
E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT ISSUANCE OF A NEW PERMIT. Upon revocation or termination of this permit without issuance of a new permit, the holder shall remove all structures and improvements, except those owned by the United States, within a reasonable period prescribed by the authorized officer and shall restore the site to the satisfaction of the authorized officer. If the holder fails to remove all structures and improvements within the prescribed period, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the site. <Include the following clause VII.E in permits issued to federal entities, and delete the remaining clause VII.E.>
E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT ISSUANCE OF A NEW PERMIT. Upon revocation or termination of this permit without issuance of a new permit, the holder shall remove within a reasonable period prescribed by the authorized officer all structures and improvements installed by the holder in the permit area and shall restore the site to the satisfaction of the authorized officer.
F. CONTINUATION OF OBLIGATIONS AND LIABILITIES BEYOND TERMINATION OR REVOCATION.
Notwithstanding the termination or revocation of this permit, its terms shall remain in effect and shall be binding on the holder and the holder’s personal representative, successors, and assignees until all the holder’s obligations and liabilities accruing before or as a result of termination or revocation of this permit have been satisfied.
<USER NOTES FOR CLAUSE VII.G>
<Include clause VII.G when the lands authorized for use are withdrawn for hydroelectric power or reclamation purposes, and delete the brackets around the last sentence. Delete the last sentence and the brackets for permits issued to federal entities. Delete clause VII.G if the lands authorized for use are not withdrawn for hydroelectric power or reclamation purposes.> G. TERMINATION FOR THE DEVELOPMENT OF HYDROELECTRIC POWER OR RECLAMATION PURPOSES. Any lands covered by this permit which have been withdrawn for hydroelectric power under the act of March 3, 1879, or the act of June 25, 1910, or are covered by an application or license governed by the Federal Power Act of June 10, 1920, are subject at any time to use for the development of hydroelectric power.
Any lands covered by this permit which have been withdrawn under the Reclamation Act of June 17, 1902, are subject at any time to use for reclamation purposes. This permit is issued with the specific understanding that (1) the use and occupancy authorized by this permit shall not interfere with such development of hydroelectric power or reclamation and that (2) this permit shall terminate after 90 days written notice when, in the judgment of the Federal Power Commission, the lands in question are needed for the development of hydroelectric power or, in the judgment of the Bureau of Reclamation, the lands in question are needed for reclamation purposes. The holder shall have 90 days to remove the authorized improvements. [Termination under this clause shall not give 40 SAMPLE
rise to any claim by the holder against the Federal Power Commission, the Bureau of Reclamation, the Forest Service, or hydroelectric power licensees for damages, including lost profits and damage to improvements, due to such development of hydroelectric power or reclamation.] VIII. MISCELLANEOUS PROVISIONS
A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from this permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation.
B. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of current mailing addresses, including those necessary for billing and payment of land use fees.
C. SUPERSEDED AUTHORIZATION. This permit supersedes a special use authorization designated #PREV_REISSUE_HOLDER#, #PREV_AUTH_ID#, dated #PREV_REIS_ISSUE_DATE#.
D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the following clauses, the preceding printed clauses shall control.
THIS PERMIT IS ACCEPTED SUBJECT TO ALL ITS TERMS.
BEFORE THIS PERMIT IS ISSUED TO AN ENTITY, DOCUMENTATION MUST BE PROVIDED TO THE
AUTHORIZED OFFICER OF THE AUTHORITY OF THE SIGNATORY FOR THE ENTITY TO BIND IT TO THE TERMS OF THIS PERMIT.
ACCEPTED:
___________________________________________________________________________________ [NAME AND TITLE OF PERSON SIGNING ON BEHALF OF HOLDER, DATE IF HOLDER IS AN ENTITY]
#HOLDER_NAME#
APPROVED:
___________________________________________________________________________________ #AUTHORIZED OFFICER NAME# DATE
#TITLE#
National Forest
USDA Forest Service
<Attach annual operating plan and any master development plan, maps, and other appendices.> 41 SAMPLE
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond, to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596- 0082. Response to this collection of information is mandatory. The authority to collect the information is the Organic Administration Act, 16 U.S.C. 551. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible agency or USDA’s TARGET Center at (202) 720-2600 (voice and TYY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
The Privacy Act of 1974, 5 U.S.C. 552a, and the Freedom of Information Act, 5 U.S.C. 552, govern the confidentiality to be provided for information received by the Forest Service.
42 Report and Recommendations 6.6 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Whitney Zeller, Community and Economic Development Manager
DATE: September 3, 2024
SUBJECT: DISCUSSION AND POSSIBLE RESOLUTION AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO EXECUTE ALL
DOCUMENTS FOR A CARBON REDUCTION PROGRAM GRANT
NOT TO EXCEED $995,265 FOR THE SHASTA DAM
BOULEVARD COMPLETE STREETS PROJECT
FILE NO.: New File
RECOMMENDATION
Staff recommends that the City Council consider adopting a resolution, authorizing the City Manager, or designee, to execute all applications, agreements, and documents with the Shasta Regional Transportation Agency (SRTA) and the State of California Department of Transportation (Caltrans) for a Carbon Reduction Program (CRP) grant not to exceed $995,265 for the Shasta Dam Boulevard Complete Streets project.
BACKGROUND
The SRTA CRP is a competitive program created under the Federal Infrastructure Investment and Jobs Act of 2021 and aims to reduce transportation carbon dioxide emissions from on-road sources. The program is funded by an allocation of $6.4 billion dollars, then distributed by formula to state departments of transportation and metropolitan planning organizations between 2022 and 2026. In Fiscal Years 2024, 2025, and 2026, SRTA received CRP funding totaling $995,265 and released a Call for Projects to eligible applicants on July 25, 2024.
The Shasta Dam Boulevard Complete Streets Project, part of the Affordable Housing Sustainable Communities (AHSC)-funded downtown revitalization project, includes bicycle and pedestrian improvements along a 1-mile stretch of Shasta Dam Boulevard, landscaped/hardscaped medians, relocation of an existing transit stop, installation of 43 rectangular rapid flashing beacons and protected crosswalks, and significant upgrades to lighting.
Staff identified that the Shasta Dam Boulevard Complete Streets Project would provide a strong application for the CRP and proposes applying for the full amount of $995,265.
Funds would assist in funding bike buffers, transit stop improvements, pedestrian crossings, and lighting. The program requires an 11.47% match from the applicant, which the City would fund utilizing the AHSC grant.
FISCAL IMPACTS:
If awarded the full amount, the City would be required to commit the 11.47% match of $114,157, which would be funded through the City’s AHSC grant.
ATTACHMENTS
Resolution
DISTRIBUTION
City Council
44 RESOLUTION CC 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
AUTHORIZING THE CITY MANAGER OR DESGINEE TO EXECUTE ALL
APPLICATIONS, AGREEMENTS, AND DOCUMENTS WITH THE SHASTA
REGIONAL TRANSPORTATION AGENCY AND THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR A CARBON REDUCTION PROGRAM GRANT NOT TO EXCEED $995,265 FOR THE SHASTA DAM BOULEVARD
COMPLETE STREETS PROJECT
WHEREAS, the Carbon Reduction Program (CRP) is a competitive program created under the Federal Infrastructure Investment and Jobs Act of 2021; and WHEREAS, the program aims to reduce transportation carbon dioxide emissions from on-road sources; and
WHEREAS, the Shasta Regional Transportation Agency (SRTA) received a formula allocation between 2022 and 2026; and
WHEREAS, SRTA released a call for projects on July 25, 2024, for Fiscal Years 2024, 2025, and 2026 with an estimated three-year total of $995,265; and WHEREAS, a minimum local match of 11.47 percent is required under the CRP, which would be funded through the City’s Affordable Housing Sustainable Communities (AHSC) grant; and
WHEREAS, the City of Shasta Lake’s Shasta Dam Boulevard Complete Streets Project meets the criteria for the CRP program and would support the reduction of transportation emissions with new bicycle and pedestrian facilities; and WHEREAS, the City of Shasta Lake would like to pursue funding through the CRP program to help fund the Shasta Dam Boulevard Complete Streets Project.
NOW, THEREFORE, BE IT RESOLVED that the City of Shasta Lake hereby authorizes the City Manager, or designee, to execute all applications, agreements, and documents with the Shasta Regional Transportation Agency and the State of California Department of Transportation for a Carbon Reduction Program grant not to exceed $995,265 for the Shasta Dam Boulevard Complete Streets Project.
PASSED, APPROVED, AND ADOPTED this 3rd day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
45 JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
46 Report and Recommendations 7.1 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: September 3, 2024
SUBJECT: PUBLIC HEARING TO CONSIDER AN ORDINANCE REPEALING CHAPTER 13.12, ARTICLE V – CROSS-CONNECTIONS AND
BACKFLOW PREVENTION
FILE NO.:
RECOMMENDATION
Staff recommends that the City Council hold a public hearing and introduce an ordinance repealing Chapter 13.12, Article V, Cross-Connections and Backflow Prevention.
BACKGROUND
On December 19, 2023, the State Water Board adopted the Cross-Connection Control Policy Handbook (CCCPH), which will take effect on July 1, 2024. The CCCPH will replace the existing cross-connection control and backflow prevention regulations currently found in Article V, Chapter 13.12. While the CCCPH carries the same authority as a standard regulation, it is designed to provide more technical details and explanatory language.
The implementation of the CCCPH requires the development of a Cross-Connection Control Plan, due by July 1, 2025. The CCCPH does not eliminate any elements from existing cross-connection control programs. Therefore, while public water systems (PWS) work toward compliance with the CCCPH, they must continue to operate their crossconnection control programs effectively according to Title 17 of the California Code of Regulations, which mandates at least annual testing of backflow prevention assemblies.
These regulations and the CCCPH apply, or will apply, to all California public water systems, including community, non-transient non-community, and transient noncommunity systems. 47 The City currently has 181 backflow devices in its distribution system. Approximately
99.5% of these devices consist of either Reduce Pressure Principle Assemblies (RPPA) or Double Check Valve Assemblies (DCVA), with only one known Pressure Vacuum Breaker (PVB). The City owns around 25% of these units, while the remaining 75% are privately owned by water customers. All backflow devices are tested annually by City Water Treatment Plant (WTP) staff.
The primary objective of the CCCPH is to protect public health by establishing standards that ensure a PWS drinking water distribution system is safeguarded against backflow.
Additionally, by offering basic educational information on backflow prevention, the State Water Board aims to raise awareness within the regulated community about the importance of backflow protection and cross-connection control. This, in turn, is expected to lead to the implementation of robust cross-connection control programs for each PWS.
The City proposes to repeal Article V, Chapter 13.12 of the municipal code and replace it with the City of Shasta Lake Cross-Connection Control and Backflow Program, which will be adopted separately by resolution (Regular Agenda Item 8.1) and will take effect upon the repeal of Article V.
FISCAL IMPACTS:
No fiscal impact
ATTACHMENTS
ORDINANCE CC-2024
State of California State Water Resources Control Board Cross-Connection Control Policy Handbook (CCCPH) (hyperlink)
DISTRIBUTION
City Attorney
City Engineer
Water Treatment Plant Superintendent
48 ORDINANCE CC 2024-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE REPEALING CHAPTER 13.12, ARTICLE V – CROSS-CONNECTIONS AND
BACKFLOW PREVENTION
WHEREAS, the City of Shasta Lake enacted Ordinance No. 21-286 on January 19, 2021, to establish Article V on Cross Connections and Backflow Prevention; and WHEREAS, on December 19, 2023, the State of California Water Resources Control Board adopted a new Cross-Connection Control Policy Handbook (CCCPH); and WHEREAS, the CCCPH became effective on July 1, 2024; and WHEREAS, as a result of the CCCPH, the City of Shasta Lake is now required to adopt a new Cross-Connection Control Program; and
WHEREAS, Article V will be repealed and replaced with a new program document to be adopted by resolution following this action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHASTA LAKE AS FOLLOWS:
Section 1. Article V, Chapter 13.12 of the Shasta Lake Municipal Code is hereby repealed in its entirety.
Section 2. Severability: If any provision of this ordinance or its application to any person or circumstance is found to be invalid, the remainder of the ordinance and the application of such provision shall remain in effect to the extent permitted by law.
Section 3. Effective Date: This ordinance shall take effect 30 days after its second reading and posting in accordance with City Code.
I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of the City of Shasta Lake held on the 3rd day of September 2024.
PASSED, APPROVED, AND ADOPTED this 3rd day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
49 JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
50 CITY OF SHASTA LAKE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Shasta Lake, State of California will hold a PUBLIC HEARING at the Shasta Lake Council Chambers, 4488 Red Bluff Street, Shasta Lake, California, on Tuesday, September 3, 2024, with the session commencing at 6:00 P.M., or as soon thereafter as possible, to DISCUSS AND CONSIDER AN ORDINANCE REPEALING CHAPTER 13.12, ARTICLE V – CROSS-CONNECTIONS AND BACKFLOW PREVENTION.
ALL HEARINGS ARE OFFICIALLY SET FOR 6:00 P.M. and will be conducted as soon thereafter as the business of the City Council will allow. All interested parties may either submit written comments to Charity Tatlow, Deputy City Clerk, prior to the hearing, or appear and present oral testimony. 51 52
Report and Recommendations 8.2 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: September 3, 2024
SUBJECT: RESOLUTION ADOPTING A CROSS-CONNECTION CONTROL
AND BACKFLOW PROGRAM
FILE NO.:
RECOMMENDATION
Staff recommends that the City Council consider and approve a Cross-Connection Control and Backflow Program.
BACKGROUND
On December 19, 2023, the State Water Board adopted the Cross-Connection Control Policy Handbook (CCCPH), which will take effect on July 1, 2024. The CCCPH will replace the existing cross-connection control and backflow prevention regulations currently found in Article V, Chapter 13.12. While the CCCPH carries the same authority as a standard regulation, it is designed to provide more technical details and explanatory language.
The implementation of the CCCPH requires the development of a Cross-Connection Control Plan, due by July 1, 2025. The CCCPH does not eliminate any elements from existing cross-connection control programs. Therefore, while public water systems (PWS) work toward compliance with the CCCPH, they must continue to operate their crossconnection control programs effectively according to Title 17 of the California Code of Regulations, which mandates at least annual testing of backflow prevention assemblies.
These regulations and the CCCPH apply, or will apply, to all California public water systems, including community, non-transient non-community, and transient noncommunity systems. 53 The City currently has 181 backflow devices in its distribution system. Approximately
99.5% of these devices consist of either Reduce Pressure Principle Assemblies (RPPA) or Double Check Valve Assemblies (DCVA), with only one known Pressure Vacuum Breaker (PVB). The City owns around 25% of these units, while the remaining 75% are privately owned by water customers. All backflow devices are tested annually by City Water Treatment Plant (WTP) staff.
The primary objective of the CCCPH is to protect public health by establishing standards that ensure a PWS drinking water distribution system is safeguarded against backflow.
Additionally, by offering basic educational information on backflow prevention, the State Water Board aims to raise awareness within the regulated community about the importance of backflow protection and cross-connection control. This, in turn, is expected to lead to the implementation of robust cross-connection control programs for each PWS.
The City proposes to repeal Article V, Chapter 13.12 of the municipal code and replace it with the City of Shasta Lake Cross-Connection Control and Backflow Program, which will be adopted separately by resolution, which will take effect upon the repeal of Article V.
FISCAL IMPACTS:
No fiscal impact
ATTACHMENTS
RESOLUTION CC-2024
City of Shasta Lake Cross-Connection Control and Backflow Program (“draft”) State of California State Water Resources Control Board Cross-Connection Control Policy Handbook (CCCPH) (hyperlink)
DISTRIBUTION
City Attorney
City Engineer
Water Treatment Plant Superintendent
54 RESOLUTION CC 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
ADOPTING THE CROSS-CONNECTION CONTROL AND BACKFLOW PROGRAM WHEREAS, the City of Shasta Lake enacted Ordinance No. 21-286 on January 19, 2021, to establish Article V on Cross Connections and Backflow Prevention; and WHEREAS, on December 19, 2023, the State of California Water Resources Control Board adopted a new Cross-Connection Control Policy Handbook (CCCPH); and WHEREAS, the CCCPH became effective on July 1, 2024; and WHEREAS, because of the CCCPH, the City of Shasta Lake is now required to adopt a new Cross-Connection Control and Backflow Program (Attachment “A”); and WHEREAS, Article V will be repealed and replaced with a new program document to be adopted by resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHASTA LAKE AS FOLLOWS:
Section 1. Adoption and Authorization: The City Council approves the attached Cross-Connection Control Program, and hereby authorizes the City Manager to fully execute the program in its entirety.
Section 2. Amendments: It is expected changes to the program to occur over time, and therefore the City Council authorizes the City Manager to amend the program documents as needed.
Section 3. Effective Date: The City of Shasta Lake Cross-Connection Control and Backflow Program document will become effective upon the repeal of Article V.
PASSED, APPROVED, AND ADOPTED this 3rd day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
55 56
CROSS-CONNECTION CONTROL AND BACKFLOW
PROGRAM
FOR
CITY OF SHASTA LAKE
Under the Direction of
Chris Carr
Water Treatment Superintendent
Adopted: September 3, 2024
57 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 2
CROSS-CONNECTION CONTROL PROGRAM
Table of Contents
Title Page Number
1.0 General Provisions 3
1.1 Purpose 3
1.2 Scope 3
1.3 Requirement for Service 3
1.4 Administration and Authority 3
1.5 Definitions 4
2.0 Responsibility 7
2.1 City Responsibility 7
3.0 Cross Connection Control and Backflow Program Implementation 7
3.1 New Construction and Remodel/Renovation 7
3.2 Hazard Assessment 8
3.3 Conditions Requiring Backflow Prevention Assembly 9
3.4 Type of Backflow Protection Required 10
3.5 Degree and Minimum Type of Backflow Protection Required 10
3.6 Fire Protection Systems 11
3.7 Inspection of Premises Where Cross Connections May Exist 12
3.8 Installation of Backflow Protection by the Water User at the User’s Connection
12 3.9 Air-Gap Separation (AG) 12
3.10 Reduced Pressure Principle Assembly (RPP) 12
3.11 Double-Check Valve Assembly (DC) 13
3.12 Pressure Vacuum Breaker (PVB) 13
3.13 Location of Backflow Prevention Assembly 13
3.14 Backflow Prevention Assembly Freeze Protection 14
3.15 Critical Services 14
3.16 Water Service Termination 14
3.17 Basis for Determination 14
3.18 Water Service Termination and Restoration Procedure 15
3.19 Backflow Prevention Assembly Maintenance and Testing 16
3.20 Air-gap Separation Inspection Procedure 16
3.21 Double-Check Valve Assembly Testing Procedure 16
3.22 Reduced Pressure Principle Assembly Testing Procedure 16
3.23 Pressure Vacuum Breaker Testing Procedure 16
3.24 Contractor Backflow Testing Competency Requirements 17
3.25 Approved Backflow Prevention Assembly Test Gauges 17
3.26 Backflow Prevention Assembly Test Guage Calibration 17
3.27 Groundwater Wells – Domestic Auxiliary Supply 18
4.0 Fees and Charges 18
58 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 3
1.0 GENERAL PROVISIONS
1.1 Purpose
This document details the Cross-Connection Control Program established by the City of Shasta Lake (City). The program aims to achieve two primary objectives: safeguarding the City's potable water supply from actual or potential contamination caused by crossconnection and backflow and identifying and eliminating existing unknown crossconnections through a comprehensive City-wide Hazard Assessment program.
1.2 Scope
The City's Cross-Connection Control Program consists of the following elements to ensure compliance with the State of California Water Resources Control Board (SWRCB) CrossConnection Control Policy Handbook (CCCPH). • Operating instructions for implementing the Cross-Connection Control Program. • Performance of surveys to identify water user locations where cross- connections are likely to occur.
• Installation of backflow protection by the water user at the user’s connection. • Training and experience of personnel delegated to implement the cross-connection control program.
• Approved test procedures for testing backflow prevention assemblies to ensure proper backflow protection.
• Maintenance of records, including assembly locations, test results, and repair of backflow prevention assemblies.
1.3 Requirement for Service
The City will not initiate or continue to provide water service to any customer who has an Auxiliary Water Supply unless the customer installs, maintains and secures inspection on an Approved Backflow Assembly in compliance with this Program.
1.4 Administration and Authority
The City of Shasta Lake Cross-Connection Control Program is administered through the Water Department under the direction of the Water Treatment Superintendent Chris Carr, Cross-Connection Control Program Specialist certification #03007. This position has formal oversight of the program CCCPH, recognized by the SWRCB. The day-to-day management of the program has been delegated to the office of the Water Department. The City of Shasta Lake Building Department and Fire Department will work with the Water Department to 59 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 4
ensure that appropriate external assemblies are installed on all new construction projects and tenant improvements/remodels.
The authority for the Cross-Connection Control Program and its standards are defined in the CCCPH and California's Health and Safety Code (CHSC, section 11625 (h)).
1.5 Definitions
The following definitions describe terms and phrases pertinent to the City of Shasta Lake Cross-Connection Control Program.
“Approved Backflow Prevention Assemblies” shall mean assemblies that have passed laboratory and field evaluation tests performed by a recognized testing organization that has demonstrated their competency to perform such tests to DDW. California Department of Public Health.
“Approved water supply” shall mean a water source that has been approved by DDW by the California Department of Public Health for domestic use and designated as such in a domestic water supply permit.
“Auxiliary water supply” shall mean any water source that is either used or equipped to be used as a water supply and located on, or piped to, the premises of a water user. The term equipped means that appurtenances such as inactive wells, pumps, power supply, intakes, suction lines, pipelines, connection fittings, or storage tanks are in place and readily available for use.
“AWWA” is the acronym used for the American Water Works Association. “Backflow” shall mean a flow condition caused by a differential in pressure that causes the flow of water or other liquid, gases, mixtures or substances to flow back into the water distribution system of a potable supply from any source or sources other than an approved water supply source.
“Back siphonage” refers to one cause of backflow, which is caused by negative or reduced pressure in the water distribution system.
“Back pressure” is defined as a higher pressure than the water distribution system caused by a pump, elevated storage, fire suppression equipment, or any other means. “Certified Tester” shall mean a person who has proven their competency in testing, repair, and making test reports on approved backflow prevention assemblies to the satisfaction of the City Water Treatment Superintendent. Individuals are required to be licensed through 60 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 5
the American Backflow Prevention Association or the California-Nevada Section of the American Water Works Association.
“City” refers to the City of Shasta Lake.
“Contamination” shall mean the degradation of the quality of potable water by any foreign substance that creates a hazard to public health or that may impair the usefulness or quality of the water.
“Cross-connection,” as used in this document, means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur shall be considered to be cross-connections. “Cross-Connection Control Program Specialist” shall mean a person who has demonstrated competency in the field of cross-connection control and maintains a valid backflow assembly general testers certification and a Cross-Connection Survey Specialist certification as issued by the California-Nevada Section of the American Water Works Association or an organization with equivalent certification requirements. “Cross-Connection Control Policy Handbook (CCCPH)” was formally adopted by the State Water Resources Control Board on December 19, 2023, with an effective date of July 1, 2024.
CCCPH handbook was developed for the protection of public health through the establishment of standards intended to ensure a public water system’s (PWS) drinking water distribution system will not be subject to the backflow of liquids, gases, or other substances. “Critical Services” shall mean water services that cannot be shut off, even for a few moments, at any time.
“Customer” shall mean the owner or operator of a business or residential property who is connected to the City’s Domestic Water System.
“Degree of hazard” is determined from an evaluation of conditions upon the customer’s premises and is classified as either a pollution (non-health) or contamination (health) hazard.
“DDW” is a term used to describe the State of California Division of Drinking Water.
“Health hazard” shall mean an actual or potential threat of contamination of a physical or toxic nature to the City of Shasta Lake water system.
61 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 6
“Non-domestic irrigation” shall mean the use of the public water system for any irrigation other than domestic irrigation or any irrigation system into which fertilizers, herbicides, or pesticides are, or can be, injected.
“Person” shall mean an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution. “Point of connection” shall mean the most downstream point of the water service where the City’s responsibility and liability stop. It is also known as the point where the City no longer can control the potability of the water.
“Pollution” shall mean impairment of water quality to a degree that does not create a hazard to public health but does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.
“Potable water” shall mean any water that, according to DDW regulations, is safe for human consumption.
“Premises” shall mean any and all areas on a customer’s property that are served or have the potential to be served by the City water distribution system. “Public water system” shall mean a water distribution system that provides water piping to the public for human consumption with five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year. “Reclaimed water” shall mean wastewater that, as a result of treatment, is suitable for uses other than potable use.
“Service Connection” shall mean pipeline, angle meter stop, meter box, and meter used to extend water service from a City water distribution main to the premises. “SWRCB” is a term used to describe the State of California State Water Resources Control Board.
“USC Foundation” shall reference the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research.
“Water Department” shall mean Shasta Lake Water Utility and Water Department. “Water supplier” shall mean the entity that owns or operates the approved water supply system. As cited in this document, it shall mean the City of Shasta Lake. 62 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 7
“Water user” shall mean any person obtaining water from the City of Shasta Lake water distribution system and related appurtenances.
2.0 RESPONSIBILITY
Responsibility for the protection of the public water system is shared by the City and the customer.
2.1 City Responsibility:
The city manager shall be responsible for the protection of the public potable water supply from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection; the water department superintendent shall be responsible for the city's adherence, where possible, to Regulations Relating to CrossConnections, as contained in the CCCPH. The Water Treatment Superintendent is responsible for implementing all aspects of the cross-connection control and backflow prevention program.
The City will not be responsible for any loss or damage directly or indirectly resulting from or caused by any improper or negligent installation, operation, use, repair, or maintenance of, or interfering with, any approved backflow prevention assembly required by this program, by any customer or any other person.
The customer will bear all costs for the installation of pumps or renovation of existing customer piping resulting from any decreases in line pressure attributed to upgrading existing backflow prevention assemblies or the installation of approved backflow prevention assemblies.
The City is not responsible for any losses or damage incurred by the consumer as a result of upgrading existing backflow prevention assemblies or installing approved backflow prevention assemblies.
3.0 CROSS-CONNECTION CONTROL AND BACKFLOW PROGRAM IMPLEMENTATION
3.1 New Construction and Remodel/Renovation
All applications for new water service or modification to premises with existing water service(s) are processed through the City’s Development Services Department.
Based upon the information submitted on the application, the following City CrossConnection Control Program requirements will be enforced on all new construction and improvement / remodel construction:
63 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 8
a) Commercial fire sprinkler systems:
1) Reduced Pressure Principle Detector Assembly (RPPDA)
b) Residential fire sprinkler systems:
1) None is required if connected to the water closet and doesn’t include a tank or pump.
2) Reduced Pressure Principle Assembly (RPP) is required if chemical additives are introduced into the system.
3) Double Check Valve (DC) required on a closed system. c) Commercial water service:
1) Reduced Pressure Principle Assembly (RPP)
d) Domestic Water Service:
1) Double Check Assembly (DC) or Reduced Pressure Principle Assemble (RPP) required with well or auxiliary water supply on-site.
2) Reduced Pressure Principle Assemble (RPP) is required with the sewer ejector pump on site.
3) A Double Check Assembly (DC) or Reduced Pressure Principle Assembly (RPP) with a booster pump on site is required.
e) Agricultural Service:
1) Reduced Pressure Principle Assembly (RPP)
f) Irrigation Service (non-domestic)
1) Reduced Pressure Principle Assembly (RPP)
g) Irrigation Service (domestic)
1) Reduced Pressure Principle Assembly (RPP)
Improvement / remodel construction applications that are either commercial in nature or propose to change onsite historical water uses will require an onsite hazard assessment performed by the City’s Cross Connection Control Program personnel. If, after review, it is determined that a backflow prevention assembly is required, the City’s Construction Standard for the installation of the required backflow prevention assembly and a list of Cityapproved certified backflow prevention assembly testers will be provided to the customer and shared to City website.
3.2 Hazard Assessment
Through the process of performing surveys to identify water user locations where crossconnections are likely to occur, it is determined that an actual or potential cross-connection or backflow condition is present in an existing facility, the installation of an approved 64 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 9
backflow prevention assembly as outlined in Section 3.1 of the City’s Cross Connection Control Program Manual will be required.
In the event that an existing backflow prevention assembly already installed does not comply with the current installation requirements or meet the appropriate level of protection as required by the Cross-Connection Control Program, the Water Treatment Superintendent will direct the enforcement of the backflow prevention assembly upgrade to an acceptable level of protection as outlined in section 3.1 in the City’s Cross Connection Control Manual.
Initial notification of violation of this policy will come from an employee who represents the City’s Cross Connection Control Program in the form of a field meet with the customer, at which time the customer shall be given a full explanation as to what changes/improvements must be made to the customer’s water service connection. At this time the customer will be offered documentation that outlines Federal and State laws that require the City to implement a Cross Connection Control Program. A copy of the City’s Cross Connection Control Program will also be available at this time for review. If needed, a follow-up letter of confirmation will be sent to the affected customer, informing them of their responsibility to correct, install, or upgrade an existing backflow prevention assembly to resolve an actual or potential backflow or cross-connection condition.
FAILURE, REFUSAL, OR INABILITY ON THE PART OF THE CUSTOMER TO INSTALL THE DEVICE
OR DEVICES WITHIN A REASONABLE TIME PERIOD SHALL RESULT IN THE TERMINATION OF
WATER SERVICE TO THE PREMISES UNTIL SUCH TIME THE DEVICE OR DEVICES IS/ARE PROPERLY INSTALLED AND TESTED.
3.3 Conditions Requiring a Backflow Prevention Assembly An approved backflow prevention assembly shall be installed wherever the following conditions exist:
a) In the case of premises having an auxiliary water supply, the City’s water system shall be protected against backflow from the premises by installing a backflow prevention assembly.
b) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the City’s water system, the water system shall be protected against backflow from the premises by installing a backflow prevention assembly. This shall include the handling of processed water and waters originating from the city water system that have been subjected to deterioration in quality.
c) In the case of premises having (1) internal cross-connections that cannot be permanently corrected and controlled, (2) intricate plumbing and piping 65 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 10
arrangements, or (3) where entry to all portions of the premises is not readily accessible for inspection purposes, making it impractical or impossible to ascertain whether or not dangerous cross-connections exist, the City water system shall be protected against backflow from the premises by installing a reduced pressure principle device.
3.4 Type of Backflow Protection Required
The type of protection that shall be provided to prevent backflow into the City water supply shall be determined by section 3.1 of the City’s Cross Connection Control Program. The type of backflow prevention assembly that may be required (listed in an increasing level of protection) includes:
• Pressure Vacuum Breaker (PVB)
• Double-check Valve Assembly (DC)
• Reduced Pressure Principle Assembly (RPP)
• Air-Gap Separation (AG)
Section 3.5 lists the minimum types of backflow protection required to protect the City water supply at the customer’s connection to premises with various degrees of hazard. Situations not covered in Section 3.5 shall be evaluated on a case-by-case basis, and appropriate backflow protection shall be determined by the Cross-Connection Control Program Specialist.
3.5 Degree and Minimum Type of Backflow Protection Required a) Premises where the City water system is connected to a recycled water supply system. Type: AG
b) Premises where reclaimed water is used, and there is no interconnection with the City water system. Type: RPP
c) Premises where there are wastewater pumping and/or treatment plants and no interconnection with the city water system. Type: RPP
d) Premises where hazardous substances are handled in any manner in which the substances may enter the City water system. Type: RPP
e) Premises where the irrigation system is directly supplied from the City water system and does not possess injection capabilities. Type: RPP
f) Premises where the irrigation system is directly supplied from the City water system into which fertilizers, herbicides, or pesticides are or can be, injected. Type: RPP 66 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 11
g) Roadway right-of-way irrigation system interconnected to a piping system connected to the City water distribution system, and there is no potential for back pressure.
Type: RPP, PVB
h) Premises where the City distribution water pressure is used to inject industrial chemicals. Type: RPP
i) Premises where there is an unapproved auxiliary water supply that is interconnected with the City water system. Type: RPP
j) Premises where there is an unapproved auxiliary water supply and no interconnections with the City’s water system. Type: RPP k) Premises where entry is restricted to the degree that inspections for crossconnections cannot be made with sufficient frequency or upon short notice to assure that cross-connections do not exist. Type: RPP
l) Premises where there is a repeated history of cross-connections being established or reestablished. Type: RPP
3.6 Fire Protection Systems
Reduced Pressure Principle Detector Assemblies shall be installed on all new fire protection systems and on all existing systems as per City of Shasta Lake Construction Standards.
a) Premise where the fire system is directly supplied from the City of Shasta Lake water system, and there is an unapproved auxiliary water supply on or to the premise. (Not interconnected) Type: RPP.
b) Premise where the fire system is supplied from the City of Shasta Lake water system and interconnected with an unapproved auxiliary water supply. An RPP may be provided in lieu of an Air Gap, if approved by DDW, California Department of Public Health and the City of Shasta Lake. Type: AG.
c) Premise where the fire system is supplied from the City of Shasta Lake water system and where either elevated storage tanks or fire pumps which take suction from private reservoirs or tanks are used. Type: RPP.
d) Premise where the fire system is supplied from the public water system and where recycled water is used in a separate piping system within the same building. Type:
RPP.
67 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 12
3.7 Inspection of Premises Where Cross Connections May Exist THE CUSTOMER’S PREMISES SHALL BE OPEN FOR INSPECTION AT ALL REASONABLE TIMES TO AUTHORIZED REPRESENTATIVES OF THE CITY’S WATER UTILITY TO DETERMINE WHETHER CROSS-CONNECTIONS OR OTHER SANITARY HAZARDS EXIST. WHEN SUCH A
CONDITION IS IDENTIFIED, THE CROSS-CONNECTION CONTROL PROGRAM SPECIALIST
UNDER THE DIRECTION OF THE WATER TREATMENT SUPERINTENDENT MAY DENY OR IMMEDIATELY DISCONTINUE WATER SERVICE TO THE CUSTOMER’S PREMISES BY
PROVIDING FOR A PHYSICAL BREACH IN THE WATER SERVICE LINE UNTIL THE CUSTOMER
HAS CORRECTED THE CONDITION(S) IN CONFORMANCE WITH CCCPH, AND THE UNIFORM PLUMBING CODE.
Each customer’s premises requiring a backflow prevention assembly will be notified in accordance with Section 3.17, Basis for Termination. The customer will be informed of their responsibility to provide backflow protection and the type of backflow prevention assembly required in accordance with CCCPH, the City of Shasta Lake Cross Connection Control Program, the City of Shasta Lake Construction Standards, and the Uniform Plumbing Code.
3.8 Installation of Backflow Protection by the Water User at the User’s Connection Backflow prevention assemblies shall be installed in accordance with CCCPH and City of Shasta Lake Construction Standards.
3.9 Air-Gap Separation (AG)
The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood-level rim of said vessel. An approved air gap shall be at least double the diameter of the supply pipe, measured vertically above the top of the rim of the vessel, and in no case less than one inch.
3.10 Reduced Pressure Principle Assembly (RPP)
An assembly of two independently operating approved check valves with an automatically operating differential relief valve between the two check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test ports for the testing of the check and relief valves. The device shall operate to maintain the pressure in the zone between the two check valves at a pressure less than the pressure on the public water supply side of the device. At the cessation of normal flow, the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage of either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the 68 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 13
atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere.
In no case shall a cut, tee, or tap be made between the user's service connection at water meter and the backflow prevention assembly.
3.11 Double-Check Valve Assembly (DC)
An assembly of two independently operating approved check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test ports for the testing of each check valve. Double-check valve assemblies are used in low-hazard situations.
In no case shall a cut, tee, or tap be made between the user's service connection at the water meter and the backflow prevention assembly.
3.12 Pressure Vacuum Breaker (PVB)
In accordance with DDW California Department of Public Health-Public Water Supply Branch policy statement of January 1989, the Department of Health Services DDW finds that a pressure vacuum breaker assembly can provide adequate user connection crossconnection control for median strip irrigation systems provided the system conforms to the following criteria:
a) water is used for irrigation purposes only.
b) the PVB is installed at least 12 inches above the highest sprinkler head in the system, and adequate clearance is provided for testing and servicing the assembly. c) the system has no means of inducing a back-pressure condition. d) the system is supplied from only one service connection. e) injection of chemicals into the system is not practiced nor provided for f) the system is only supplied with domestic water.
3.13 Location of Backflow Prevention Assembly
The backflow prevention assembly shall be installed at the point of connection on each service line to a customer's water system, or as close as practical, but in all cases before the first branch line leading off the service line.
THE WATER UTILITY SHALL HAVE THE FINAL AUTHORITY TO DETERMINE THE LOCATION AND THE PROPER INSTALLATION OF A BACKFLOW ASSEMBLY.
The point of connection is further defined as follows:
a) back of curb for all City streets with planter strips. 69 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 14
b) back of sidewalk for streets with sidewalk contiguous with curb and gutter. c) rights-of-way line on all alleys and unimproved streets.
3.14 Backflow Prevention Assembly Freeze Protection
The property owner is responsible for installing freeze protection. If the backflow prevention assembly cannot be inspected due to the presence of freeze protection material, the freeze protection may be removed. The City is not responsible for the reinstallation of freeze protection.
The relief port at the bottom of the reduced pressure principle backflow assembly must not be covered by freeze protection. All test ports, along with the serial number and model number, must be easily accessible.
Freeze protection shall be maintained neatly and aesthetically pleasingly. Torn or dislodged freeze protection may be removed by the City.
3.15 Critical Services
In cases where water service cannot be shut off, even for a few moments, at any time, the City Water Department will recommend that two services be established to the premise. In such case, the same level of backflow protection will be required for each service. In cases where water system configuration facilitates only a single point of connection two backflow prevention assemblies shall be installed in parallel. This shall apply only to the domestic water service and shall not apply to the fire protection system point of connection.
3.16 Water Service Termination
When the Water Treatment Superintendent is notified of a water user that represents a clear and immediate hazard to the City water supply that cannot be immediately abated, the Water Department will institute the procedure for discontinuing water service to the premises.
3.17 Basis for Termination
Conditions or water uses that create a basis for water termination shall include, but are not limited to, the following items:
a) Refusal to install a required backflow prevention assembly. b) Refusal to allow access onto premises for inspection purposes. c) Refusal to test a backflow prevention assembly.
70 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 15
d) Refusal to repair a faulty backflow prevention assembly. e) Refusal to replace a faulty backflow prevention assembly. f) Removing or bypassing a required backflow preventer. g) Direct or indirect connection between the City water system and sewer line. h) Unprotected direct or indirect connection between the City water system and a system or equipment containing contaminants.
i) Unprotected direct or indirect connection between the City water system, which presents an immediate health hazard to the City water system.
3.18 Water Service Termination and Restoration Procedure The City will terminate service to customers’ premises after two written notices have been sent specifying the corrective action needed and the time period in which it must be completed.
• The first letter is an information letter that outlines the requirements and a specific period of time to respond. If no response is received in that specified time period, a second letter will be sent.
• The second letter contains much of the same information as the first letter, plus the added statement that the customer’s water service will be terminated if no response is received after a specified period of time.
If the customer still has not responded, a door hanger is left at the corresponding service address, giving ten days' notice to comply before the water service is terminated.
Any notices prescribed or allowed by this article shall be deemed to have been given when personally delivered or placed in the United States mail, postage fully prepaid, addressed to the owner of the premises or, if different, to the water user as shown from the city's records.
NOTWITHSTANDING THE ABOVE, WHEN CONDITIONS CREATE AN IMMEDIATE DANGER TO THE CITY’S WATER SUPPLY, WATER SERVICE TO THE CUSTOMER’S PREMISE(S) MAY BE IMMEDIATELY TERMINATED WITHOUT NOTICE. HOWEVER, WHERE PRACTICAL, THE
CUSTOMER OR THEIR AGENT SHALL BE GIVEN ORAL NOTICE OF THE DANGER AND THE WATER SERVICE SHUT OFF. THE CUSTOMER SHALL BE ENTITLED TO AN EMERGENCY MEETING WITH THE WATER TREATMENT SUPERINTENDENT. WATER SERVICE SHALL 71 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 16
PROMPTLY BE RESTORED FOLLOWING AN INSPECTION THAT REVEALS THAT COMPLIANCE WITH THIS CODE HAS BEEN ATTAINED.
3.19 Backflow Prevention Assembly Maintenance and Testing As provided in the CCCPH requires backflow prevention devices to be tested at least annually and immediately after installation, relocation, or repair by a person who has demonstrated their competency in such testing to the City. All backflow protection assemblies shall be tested in accordance with the procedures outlined in CCCPH. The Cross-Connection Control Program Specialist, under the direction of the Water Treatment Superintendent, may require a more frequent schedule if it is determined to be necessary.
No assembly shall be placed back in service unless it is functioning as required. A report form supplied by the City Water Utility shall be completed and returned to the City Water Utility each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective.
The City of Shasta Lake shall be responsible for administering the testing of backflow prevention devices within the City water distribution system using a person who has demonstrated competency in the testing of these devices. Competency is demonstrated by the possession of a valid California-Nevada Section AWWA Backflow Prevention Assembly General Tester Certification, the American Backflow Prevention Association (ABPA), or an organization with the equivalent certification requirements.
3.20 Air-gap Separation Inspection Procedure
The installation of each air-gap separation shall be in accordance with the definition for the air gap in the CCCPH.
3.21 Double-Check Valve Assembly Testing Procedure
All double-check valve assemblies shall be inspected and tested in accordance with the procedures outlined in CCCPH.
3.22 Reduced Pressure Principle Assembly Testing Procedure All reduced pressure principle assemblies shall be inspected and tested in accordance with the procedures outlined in CCCPH.
3.23 Pressure Vacuum Breaker Testing Procedure
All pressure vacuum breakers shall be inspected and tested in accordance with the procedures outlined in CCCPH.
72 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 17
3.24 Contractor Backflow Testing Competency Requirements Any contractor interested in testing backflow devices may request to be added to the list of certified testers from the Water Utility Cross Connection Control Program Specialist. To be included on the list, competency in all phases of backflow prevention device testing and repair must be demonstrated through education and/or experience. Each tester shall be responsible for the competency and accuracy of all tests and reports.
Minimum Competency Requirements:
a) Testers must hold a valid general tester’s certification from either the American Water Works Association California-Nevada Section, the American Backflow Prevention Association, or an organization with equivalent certification requirements. 1) Each tester must use the testing procedures outlined in the Manual of CrossConnection Control, Tenth Edition, University of Southern California - Foundation for Cross-Connection Control and Hydraulic Research, Chapter 9 2) Each tester shall furnish evidence that they have the necessary tools and equipment to test backflow devices properly.
3) Each tester must be familiar with the City of Shasta Lake Cross Connection Control Program processes and procedures.
b) Testers must obtain a business license through the City of Shasta Lake licensing department prior to conducting any tests.
After notice and a hearing, a tester may be omitted from the annual list for improper testing, repairs and reporting or any action that indicates a lack of knowledge or support of the City's program. Such omissions are at the discretion of the Water Treatment Superintendent.
3.25 Approved Backflow Prevention Assembly Test Gauges
Only the following backflow assembly test gages shall be used by City approved testers:
Duke Models 75, 75B, 100, 1000, E2900
Meriam Model 1124
Midwest Model 830, 835
Promaster Model ASRP-4
3.26 Backflow Prevention Assembly Test Gauge Calibration 73 CITY OF SHASTA LAKE CROSS-CONNECTION CONTROL PROGRAM PAGE 18
Backflow assembly test gauges shall be calibrated at least once every year. Proof of test gauge calibration shall be provided with an initial request to be placed on the City’s Approved Testers List. Existing approved testers shall submit proof of calibration with every three-year Backflow Prevention Tester renewal card.
3.27 Groundwater Wells - Domestic Auxiliary Supply
To comply with the Cross-Connection Control Program, one of the following alternatives for parcels with groundwater wells may be implemented:
a) Install, as a minimum level of protection, a double-check valve assembly. b) Abandon the well per Shasta County Health Department requirements.
4.0 FEES AND CHARGES
4.1 The administration of this program requires the collection of appropriate fees that can be assigned to the customer and services performed that are not considered appropriate charges under City Water Rates. These fees are as follows (City Council Resolution CC-21- 03).
City of Shasta Lake Cross-Connection Control Fee Schedule:
• Cross Connection and Backflow Testing Program: A monthly fee of $3.50 per device will be charged to each customer with an approved backflow prevention device; and
• Cross Connection and Backflow Repair and Retest: A flat rate fee of $50.00 per device will be added to the customer utility bill to cover the costs associated with any repair(s) made to a device, plus the device retest. 74 Report and Recommendations 8.2 Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Whitney Zeller, Community and Economic Development Manager
DATE: September 3, 2024
SUBJECT: POSSIBLE ACTION TO ADOPT A CITY FACILITY NAMING POLICY
FILE NO.: New Item
RECOMMENDATION
Staff recommends that the City Council consider approving a resolution, adopting the City of Shasta Lake Facility Naming Policy.
BACKGROUND
The City of Shasta Lake currently lacks a formal policy for naming its facilities, including parks, recreational areas, recreation facilities, and buildings. With several projects in progress, including the new skatepark at the Civic Center Campus, and the disc golf course next to Bizz Johnson Ballpark, a formal policy will help guide staff and the community as we consider names for these future facilities. A naming policy is essential to ensure the names of these public spaces reflect the community’s values, heritage, and significance. The proposed policy aims to establish clear guidelines and procedures for naming and renaming City facilities, encouraging community involvement, and preserving the City’s historical and cultural identity.
A park and recreation-specific policy was brought to the Parks and Recreation Advisory Commission at their August 8, 2024 meeting and discussed amongst the Commissioners and the public. The Commission recommended that the policy be brought to City Council for final consideration and adoption. At their August 20, 2024 meeting, the City Council reviewed the Parks and Recreation Commission’s recommendation with the proposed Policy and requested staff to expand the policy to include all City facilities and bring it back for consideration at the next City Council meeting. 75 FISCAL IMPACTS:
No fiscal impact.
ATTACHMENTS
Resolution; CC 2024-XX
Draft Policy
DISTRIBUTION
City Council
76 RESOLUTION CC 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHASTA LAKE
ADOPTING A CITY OF SHASTA LAKE FACILITY NAMING POLICY
WHEREAS, the City of Shasta Lake recognizes the importance of establishing a clear and consistent policy for naming of City facilities; and WHEREAS, the naming of City facilities is a significant decision that reflects the values, history, and culture of the community and should therefore be approached with careful consideration; and
WHEREAS, the City Council desires to establish a formal process for naming City facilities that includes public input and ensures that names are selected based on objective criteria; and
WHEREAS, it is in the best interest of the City to adopt a policy that provides guidelines for the naming process, including criteria for eligibility, procedures for public participation, and the approval process by the City Council;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Shasta Lake adopts the City of Shasta Lake Facility Naming Policy, attached hereto as Exhibit A, as the official policy of the City of Shasta Lake for the naming of City facilities.
PASSED, APPROVED, AND ADOPTED this 3rd day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
JANICE POWELL, Mayor
ATTEST:
CHARITY TATLOW, Deputy City Clerk
77 City of Shasta Lake Facility Naming Policy – DRAFT
Background
The purpose of this policy is to establish guidelines for the naming of City facilities, including, but not limited to: parks, recreational areas, recreation facilities, and City buildings to ensure consistency and reflection of the community’s values and heritage.
Objectives
1. To provide a clear and consistent framework for the naming process.
2. To ensure that names reflect the cultural, historical, and geographical significance of the City.
3. To encourage community involvement in the naming process.
4. To honor individuals, organizations, and events that have made significant contributions to the community.
5. To select names that are appropriate to the location and remain relevant as the community grows and changes.
Guidelines for Naming
1. Cultural and Historical Significance: Names should reflect the cultural, historical, or geographical significance of the area that will endure for future generations.
2. Community Values: Names should align with the values and identity of the City of Shasta Lake and its residents.
3. Positive Imagery: Evoke a strong positive image.
4. Respect: Names should be respectful of the diverse community and its community members.
5. Community Support: Have broad public support.
6. Avoidance of Duplication: Names should be unique within the City to avoid confusion.
7. The City reserves the right to change the name to maintain consistency with these policies.
Categories for Naming
1. Geographical Features: Names that reflect the natural features of the area, such as mountains, lakes, rivers, and other prominent landmarks.
2. Historical Significance: Names that honor the historical events, people, or periods significant to the City of Shasta Lake.
78 3. Extraordinary Individuals: Names that honor an outstanding individual are allowed posthumously (at least three years from the date of passing) and where that person’s significance and good reputation have been reviewed and acknowledged in the City’s history. Naming facilities after individuals is not recommended, but will be given consideration when:
a. The person was exceptionally dedicated or demonstrated excellence in service in ways that made a significant contribution to the land, community, or City;
b. The person volunteered and gave extraordinary help or care to individuals, families, groups, or support to the community for a minimum of 10 years; or c. The person risked his or her life to save or protect others.
4. Naming for Donations: A significant donation made to the City of Shasta Lake that adds considerable value to the City may be recognized through naming. As a guideline, the threshold for consideration will include one or more of the following:
a. Land for the majority of the facility was deeded to the City by the donor without fee credit.
b. Contribution of a minimum of 60% of the capital construction costs associated with developing the facility
c. Provision of a minimum 20-year endowment for the continued maintenance, operation, and/or programming of the facility asset.
Naming facilities with a company name is prohibited. Corporate logos, insignias, brands, or direct advertising text shall not be used in the City of Shasta Lake naming.
Corporate sponsorship and naming rights may be negotiated outside of this policy.
5. Renaming: The renaming of City facilities is discouraged. Name changes will be subject to an examination that includes consideration of the original justification for the current name, the value of prior contributors, and the rationale for changing the name.
Naming Conventions
1. Names that are currently in use in the City of Shasta Lake will not be considered.
2. Names that are discriminatory or derogatory will not be considered.
3. City Council has the authority to make exceptions to the Naming Policy under special circumstances.
79 Naming Application Process
Any person, group, or organization may submit an application to name or rename a City facility. The application should be submitted to the City Clerk, or designee.
Applications should contain the following minimum information:
1. Name of applicant
2. Proposed name for the City facility
3. Background/support for the proposed name
4. Demonstrated community support for the proposed name
5. Identification of interested/impacted stakeholders
6. Description/map showing the location
7. If proposing to name a facility within a larger City-owned area, include a description/map showing the location of the facility within the larger area
8. If proposing to name an asset after an outstanding person, documentation of that person’s contribution to the City
9. If proposing to rename a facility, the application should also include background information on the current name and rationale for requesting a new name.
Naming Approval Process
Upon receipt of a naming application, City staff will review for compliance with the Facility Naming Policy.
City staff may suggest modification of the name proposed by an applicant, with the agreement of the applicant.
Applications that comply with the Facility Naming Policy will be brought to any appropriate advisory commissions/committees (i.e. Parks and Recreation Advisory Commission, Planning Commission, Public Facilities Commission) for public review and discussion.
The Commission(s) will forward recommended applications to the City Council for further review at a public meeting.
City Council has the final authority to approve/deny naming applications. 80 August 27, 2024
Mrs. Jessaca Lugo
City Manager’s Office
4477 Main Street
Shasta Lake, CA 96019
RE: CITY OF SHASTA LAKE SUPPORT FOR SHASTA LAKE VETERANS VILLAGE, AFFORDABLE HOUSING PROJECT – SHASTA LAKE, CA
Dear Mrs. Lugo:
On behalf of the Shasta Lake I am pleased to write this strong letter of support for an application to the State of California CDBG-DR, submitted by Kingdom Development, Inc., to construct Shasta Lake Veterans Village Apartments, an affordable housing project. Located in Shasta Lake, CA, construct Shasta Lake Veterans Village Apartments will provide 30 newly constructed affordable units, with 29 designated for Special Needs and Veterans, paired with on-site services and case management. The local agencies are already committing their support to this worthy project in the form of a soft financing commitments from the City of Shasta, and 30 Project Based Vouchers from the Shasta County Housing Authority.
The need for housing is a critical component to addressing homelessness in the City of Shasta Lake. This project brings together the complexity of rural development and the value of collaboration between development partners and public agencies in providing housing for a vulnerable population. We understand that funding from the CDBG-DR program is essential to the development of Shasta Lake Veterans Village Apartments and can support the partnerships that will bring this vital housing project to life.
I hope that this funding application receives your fullest consideration. If you have any questions or comments, please do not hesitate to contact me at [PHONE], or via e-mail at [EMAIL].
Sincerely,
81 PO BOX 777 | 4477 Main Street
Shasta Lake, CA 96019
(530) 275-7400
www.cityofshastalake.org
September 3, 2024
Nations Finest
Kingdom Development, Inc
2455 Bennett Valley Rd., C105
Santa Rosa, CA. 95404
Subject: Letter of Support for Veterans Village Affordable Housing Project On behalf of the City of Shasta Lake, I am writing to express my support for the Shasta Lake Veteran Village Affordable Housing Project, proposed for development at 4275 Meade Street in our city. As the City Manager, I have witnessed firsthand the pressing need for affordable housing in our community. This project offers a critical opportunity to address that need and provide safe, quality housing for our residents.
The Veterans Village project will bring 30 newly constructed affordable units, 29 of which are designated specifically for veterans and individuals with special needs, complemented by on-site services and case management. Local agencies have already demonstrated their support for this valuable initiative through soft financing commitments from the City and the provision of 30 ProjectBased Vouchers by the Shasta County Housing Authority. Supportive services will be provided by the VA and Veterans Resource Center, a veteran service agency with over four decades of experience.
This project aligns with our community's objectives of ensuring that all residents have access to secure, affordable, and sustainable housing options. The City is currently constructing 49 affordable units for families, and the addition of the Veterans Village project, focused on the needs of our veteran community, will further advance our overall housing goals.
We understand that the developer, Kingdom Development, in collaboration with Nations Finest, is seeking CDBG-DR MHP funding. This aligns perfectly with the MHP program's goals of supporting the restoration and creation of affordable rental housing for low- to moderate-income households in disaster-impacted areas. Following the loss of over 1,000 homes in the 2018 Carr Fire, the demand for new housing units has significantly increased, particularly for those still struggling to find permanent supportive housing. This project will be a meaningful step toward addressing that need.
Thank you for considering the City of Shasta Lake's support for this project. If you have any questions or require further information, please feel free to contact me at (530) 275-7411.
Very truly yours,
CITY OF SHASTA LAKE
JESSACA LUGO
City Manager
82 Report and Recommendations 8.4
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: September 3, 2024
SUBJECT: CONSIDER AMENDING THE CONTRACT SPECIFICATION TO
DELETE THE REQUIREMENT THAT THE CONTRACTOR BE
EXPERIENCED IN BUILDING SKATEPARKS (DISCUSSION AND
POSSIBLE ACTION)
FILE NO.:
RECOMMENDATION
Staff recommends that the City Council receive an update on the Shasta Lake Skateboard Park and recommendations from the City Engineer on specifications for the project's construction.
BACKGROUND
During the August 20th regular City Council meeting, Councilman Jones requested that an item be added to the agenda to discuss the special experience requirements prescribed for contractors to bid on the upcoming Shasta Lake Skateboard Park.
The Skateboard Park has long been a community vision, and with the addition of $2.39 million in American Rescue Plan Act (ARPA) funding, the City Council in 2021 directed staff to allocate these funds to five park projects, prioritized in the following order as funds are available: (1) New Skatepark at the Civic Center, (2) Lassen Field Expansion, (3) Disc Golf Course, (4) Picnic Pavilion at Margaret Polf Park, and (5) a Civic Center walking trail.
Under Section 2.10.030 of the municipal code, the City Engineer is authorized to approve plans, specifications, and designs. When the Skateboard Park project went out to bid, the specifications required bidders to have at least five years of experience constructing skateboard park facilities. These specifications acknowledge the unique challenges 83 involved in building a skateboard park; the following items were considered when determining this specification:
SKATEPARK DESIGN & CONSTRUCTION IS SPECIALIZED:
Having experience in skatepark design and construction is crucial for ensuring that the facility is both functional and safe. Skilled designers and builders with a background in skatepark construction understand the intricate details required for designing and constructing elements such as ramps, rails, and bowls. For instance, expertise in techniques like shotcrete application is essential, as it involves the precise use of concrete sprayed at high velocity to form smooth, durable surfaces for skateboarding. Knowledge of these techniques ensures that the skatepark's features are both resilient and suitable for high-impact use. Experienced designers and builders also know how to select appropriate materials and address specific design considerations that impact performance and longevity. Their expertise in these areas helps is the contracting agency in preparing specific contract special provisions while incorporating user feedback effectively, ultimately leading to a well-designed and well-constructed skatepark that meets the needs of its users.
SKATEPARK BEST PRACTICES DOCUMENT (Authored by The Skatepark Project):
The entire document can be summarized by the following points:
Source: The Skatepark Project website.
Founded by Tony Hawk, The
Skatepark Project (TSP) is a nonprofit
organization working to increase access
to outdoor recreation and free play
through the creation of safe and
inclusive community skateparks. TSP
provides the resources, advocacy
skills, grants and fellowship programs
that guide skaters in creating their own
community skateparks, from
conception through construction. This
is a collaborative process between
skaters and city authorities to invest in
capital improvements that will enrich a
community for decades.
84 RECENT SKATEPARK CONSTRUCTION PROJECTS, WITH SIMILAR SPECIFICATIONS:
Staff conducted a brief search of recent skateparks that have been or are being constructed in California. Below is a list of recent Skateparks that have skatepark experience construction requirements in their respective contract documents:
Redding Skatepark (2022): had language of skatepark construction experience Grass Valley (2024): Design/Build (Skatepark design/contractor only) City of Lindsay (2024): Design/Build (Skatepark design/contractor only) Danville (2024): had language of skatepark construction experience San Juan Capistrano (2024): had language of skatepark construction experience City of Orange (2024): Design/Build (Skatepark design/contractor only) Davis (2024): Design/Build (Skatepark design/contractor only) Brea (2021): had language of skatepark construction experience Staff could not readily find a skatepark project that did not require skatepark construction experience documentation.
SKATEPARK PUBLIC INPUT:
In 2023, Nichols, Melburg, and Rosetto and Spohn Ranch were selected to design the Skatepark. Spohn and City Staff held two public workshops in 2023 that were well attended by the local skate community. Input on the components of the park was received, which led to the design development of the skatepark. In the course of public engagement, several key considerations were identified for the proposed skatepark.
Participants emphasized the need for a mix of terrain, with an emphasis on street-style elements. They also highlighted the importance of accommodating skaters of varying skill levels and ensuring the design reflects the character of the community and surrounding area. Additionally, there was a strong preference for selecting contractors for the design and construction of the project who have proven expertise in skatepark development to avoid issues similar to those seen at the existing skatepark in Clair Engle, which suffers from low usage due to its design and construction flaws. Staff acknowledged that special requirements to build the skatepark would be a condition of the contract documents.
As a result of the design, the special construction and consulting with the City Attorney, the following Skatepark Construction Experience requirement and form was added to the construction documents:
…., to be considered qualified to perform the work outlined in these Contract Documents, the Contractor shall have specific documented experience constructing skateboard parks. The Bidder shall document skateboard park experience performed in the past 5 years, including the cost of the project and agency reference contact information…….
Spohn completed the final design in the spring of 2024. Bids were opened on July 25th, 2024, but unfortunately, both were determined to be non-responsive: one did not include the required bid bond, and the other lacked the necessary experience. Additionally, all bids were significantly over the engineer's estimate of $1.4 million dollars. 85 RECOMMENDED REVISIONS TO SPECIFICATIONS:
On August 28, 2024, City Manager Jess Lugo and City Engineer Will Bond met with Mayor Powell and Councilman Jones to review the specifications and address any concerns regarding contractor requirements.
Following the discussion, both staff and council expressed a desire to encourage more bids. Consequently, the City will adjust the specifications to permit bidders without direct skateboard park experience, provided they have a team (including the lead superintendent and crew members) with relevant experience. This change aims to boost participation in the bidding process while maintaining the project's integrity.
FISCAL IMPACTS:
No fiscal impact
ATTACHMENTS
Shasta Lake Skatepark Park Preliminary Design
Skatepark Best Practices
DISTRIBUTION
City Attorney
City Engineer
Parks and Recreation Commission
86 87
April 27, 2020
For free public skatepark advocacy materials,
support, Technical Assistance and grant
funding, head to www.skatepark.org
2 THE SKATEPARK GUIDE 2021
SKATEPARK BEST PRACTICES GUIDE
PUBLISHING & THANKS
PRODUCED BY
WRITTEN BY
ILLUSTRATION
LAYOUT
INFORMED BY
THE SKATEPARK PROJECT
ALEC BECK
PAT SISON
AARON ANITON
SKATEPARK ADVOCATES
To all the people who’ve led the charge
to create more skate space. Skatepark
advocates, supportive city officials, skat
shops, skatepark designers and skatepark
builders. It’s because of you we ride freely.
THE SKATEPARK PROJECT
We help underserved communities create safe
and inclusive public skateparks for youth.
For free public skatepark advocacy materials, support, technical assistance and grant funding, head to www.skatepark.org 88 April 27, 2020
If you need advice, Technical Assistance, or public
skatepark grant funding, reach out to The Skatepark
Project at www.skatepark.org/connect. SKATEPARK BEST PRACTICES GUIDE THE SKATEPARK GUIDE 2021 5
The intention of this document is to connect with individuals and communities who are working on creating public skate space. Our aim is to provide unbiased information about established best practices for public skatepark development.
The entire document can be summed up by the following points:
This document was inspired by the Public Skatepark Development Guide. After reading this Best Practices document, if you'd like to learn to more, head to skatepark.org to read articles from the PSDG. *WARNING!
Hiring anyone BUT a skatepark specialty firm (including general contractors with extensive concrete experience) is the quickest way to waste all the money for the skatepark. It will not function as intended, even if built according to the design. Many of the skilled trades in skatepark work are closer to artistic sculptural concreting and require years to learn how to do right.
1. Hire experienced skatepark construction specialists who build and use skateparks.*
2. Make sure a diverse representation of local skaters (all action sports) are involved with the process of skatepark advocacy and design to ensure a more attractive and functional design while increasing long-term stewardship of the space.
3. “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.” - Margaret Mead.
If you’re going to build a skatepark…
INTENTION OF DOCUMENT
“A bad skatepark is worse than no skatepark”
Because it’s harder to advocate for something you already have, especially when it doesn’t work and seems unpopular.
89 April 27, 2020
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44 SKATEPARK BEST PRACTICES GUIDE
THE SKATEPARK GUIDE 2021 SKATEPARK DESIGN
1. Hire an experienced skatepark designer
2. Get the local skaters and action sports community involved
3. Utilize green design and construction practices (see next page)
4. Skatepark design should NEVER be standardized
SKATEPARK DESIGN CONSIDERATION & CONSTRAINTS
DESIGN CONSTRAINTS
An experienced skatepark designer will understand the nuances of skatepark functionality, layout and design.
They will take the requests from locals and implement them into a cohesive design that addresses potential traffic pa terns and the needs of the community.
NOTE FOR ADVOCATES:
Your local civil engineer and your designer will need to discuss the following design constraints regarding your specific skatepark site options
BUDGET
Only design what
you can pay for.
STORMWATER MANAGEMENT
Rain water normally sinks into the ground where it falls, spreading out evenly. When you cover the ground, all that water gets collected and focused into one spot! Make sure it goes to the right place. Standing water in a skatepark is unacceptable.
It’s dangerous and will degrade the skatepark over time.
SOIL
Some soil lends itself to construction, some doesn’t.
Sometimes better soil needs to get trucked in to make the build easier and last longer. Make sure your skatepark
builder/designer and city have a conversation about needs.
In general, soils usually need to be compacted to 90-95%
TOPOGRAPHY/
GRADE/ELEVATION
CHANGE
How can you design to
work with the existing
shape of the land?
NOTE FOR BUILDERS:
When at all possible, please form with dirt, not with construction foam. The short term cost savings do not outweigh the long term environmental impact.
EXPERT ONLY - Planning, skatepark design and skatepark construction are part science, part artform. “How precise could it possibly need to be?” you might ask.
Skateboards and other action sport vehicles measure their wheels in millimeters.
TALK TO YOUR SKATEPARK DESIGNER ABOUT DESIGN CONSTRAINTS AND CONSIDERATIONS • It’s unlikely you will meet everyone's specific skatepark design desires, but you can create a design that will serve the whole community. • Locals may be interested in designing the layout of the space. It’s best to work with an experienced designer to make sure community design ideas are heard and implemented the right way.
• (Amatuer community designer tip: draw the full scale skatepark layout on a parking lot with chalk to get an idea of spacing and flow) 90 April 27, 2020
FIND MORE AT SKATEPARK.ORG
SKATEPARK BEST PRACTICES GUIDE
SKATEPARK CONSTRUCTION 55
SKATEPARK CONSTRUCTION - ENSURING QUALITY
SKATEPARK CONSTRUCTION IS SPECIALITY CONSTRUCTION WORK.
EXPERIENCE AND EXPERTISE
Ensuring quality is the most important task in skatepark planning.
Contemporary municipal skate space should only be designed and built by highly experienced skatepark specialty contractors. Experienced skatepark firms will understand the many nuances of skateparks and will be well practiced in their design and execution.
WARNING!!
Hiring anyone BUT a skatepark specialty firm (including general contractors with extensive concrete experience) is the quickest way to waste all the money for the skatepark. It will not function as intended, even if built according to the design. Many of the skilled trades in skatepark work are closer to artistic sculptural concreting and require years to learn how to do right.
Again - skateboard wheels are measured in millimeters!
Skatepark design and construction requires highly experienced experts in multiple skatepark specific trades. It helps tremendously if they are also skaters themselves.
• Ensure stakeholders (municipal officials and local
advocates) understand the importance of quality, and
the steps needed.
• Choose your desired designers and builders based
on their experience, reviews and references (from
government and local skaters who have one of their parks in town).
• If a project must go out to Public Bid, work with a
designer and the city to create an appropriate Request
for Qualifications (RFQ) or clear Bid specifications to ensure that only experienced skatepark builders can
participate. This is a critical step. See Appendix A on Specific Tolerances or Appendix I for
example bid specifications
• If no experienced skatepark firm is available, wait
until one is available and pursue appropriate
temporary options (like a Community DIY Build. Call
The Skatepark Project staff to discuss your available
options)
• If you cannot wait: as a last resort, consider hiring a project manager from an experienced skatepark
construction firm to help manage a hybrid project.
• Consider aiming to hire women or minority owned
or operated businesses whenever possible.
DESIGN/BID/BUILD VS. DESIGN/BUILD
Most governments are bound by law to have a public bidding process in place. This is intended to keep the public project award process fair. If the site or project is owned or managed by the city, it’s likely that the project will need to go through the proper bid process: DESIGN/BID/BUILD. In which case, doing an RFQ or having stringent bid specifications is key to ensuring skatepark quality.
However, some projects are owned privately (sometimes handed over from the city to the project group or builder) until completion, and are then donated to the city. In these cases, or in cases where there’s no legal requirement for a public bid process, project leaders can do a DESIGN/BUILD where they select the designer and builder without the bidding process.
It’s still critical to select experienced skatepark specialty firms in either case, and if donating a build project to the city, it’s crucial to have a conversation with them about what they can accept and what they cannot accept as a new public park space. Additional information on Skatepark Design and Construction from the PSDG.
HOW TO ENSURE QUALITY?
91 April 27, 2020
FIND MORE AT SKATEPARK.ORG
SKATEPARK BEST PRACTICES GUIDE
56 SKATEPARK CONSTRUCTION THE SKATEPARK GUIDE 2021
A tolerance check of test a panel pour can verify proper execution/construction of Test Panel Pour for flat and/or transition
SKATEPARK CONSTRUCTION
QUALITY - SPECIFIC LANGUAGE
Only hire a specialty skatepark construction firm if they have been responsible, either as a primary or as a subcontractor, for the footprint of the actual skatepark for a minimum of:
THREE CONCRETE SKATEPARKS IN THE LAST 5 YEARS
If you intend to work with a firm that cannot match that requirement, make sure their key personnel members can match the required experience.
PROPER DUE DILIGENCE
• Get a list of key personnel who did the work
• -SITE MANAGER
• -SHOTCRETE (Certified Nozzle Operator for shotcrete on banks or transition steeper than 20 degrees) • -SKATEPARK FINISHERS
• Construction must be built per plan
• In a pre-bid meeting, all parties must read and agree upon specifications and tolerances (acceptable degree of error or deviation from plan) for construction and finish. See Appendix A - Construction - Material Specifics and Tolerances and Appendix I - Bid Specification Suggestion at the end of this document. • For a municipality to reject work, they need to be clear about definitions and tolerances • Every job can start with a test-panel pour to be judged by construction management and city engineer per specified tolerances. This pour can be a part of the project and does not have to be extraneous. • TRANSITION RADIUS
• COPING REVEAL
• FINISH
• COLOR
• CURING
• TRANSITION SEAMS
92 April 27, 2020
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SKATEPARK BEST PRACTICES GUIDE
SKATEPARK CONSTRUCTION 57
PROCESS
WHO CAN HELP?
The importance of hiring experienced skatepark construction specialists can’t be understated. However, in a pinch, some elements of the job can be done by experienced general contractors if under the supervision of, and in communication with, the experienced skatepark construction firm. This should only be considered when all other funding options have been exhausted. In general, it’s recommended to have the job handled by one experienced skatepark specialty company.
For more information on specific materials and tole ances, see Appendix A.
DESIGN
SPECIALTY
SKATEPARK
CONTRACTOR
(with support from
civil engineering)
METAL FABRICATION
FABRICATOR
(with Specialty Direction,
sometimes done off site)
FINE GRADING
SPECIALTY
SKATEPARK
CONTRACTOR
STAKING AND
LAYOUT
ROUGH
GRADING
FORM WORK
COPING FINISH
TRANSITIONS
FLAT/DECK
POURING
FLAT/DECK
FINISHING
& CURING
POURING
TRANSITIONS
(Shotcrete with certified
nozzle operator for
certain heights)
COMPACTION
SUBGRADE PREP
(drainage & gravel)
TRANSITION REBAR
SPECIALTY
SKATEPARK
CONTRACTOR
FLAT/DECK REBAR
GENERAL
CONTRACTOR
SOIL TESTING
GENERAL
CONTRACTOR
(with Specialty
Direction)
TOLERANCE
CHECKING
(optional)
SPECIALTY
SKATEPARK
CONTRACTOR
& CITY
93 94
Report and Recommendations 8.5
Reviewed and Approved
City Manager
AGENDA ITEM
City Council
TO: Mayor and City Council Members
FROM: Jessaca Lugo, City Manager
DATE: September 3, 2024
SUBJECT: CDBG-MIT-RESILIENT INFRASTRUCTURE PROGRAM (RIP)
NOTICE OF AWARD FOR THE RAW WATER TANK PROJECT
(DISCUSSION)
FILE NO.:
RECOMMENDATION
Staff recommends that the City Council receive an update on the recent $6,745,000 grant funding award from the State of California CDBG-MIT-RIP program for the construction of the Raw Water Tank Project.
BACKGROUND
In March 2024, the City submitted an application to the State of California's Community Development Block Grant Mitigation Resilience Infrastructure Program for the construction of the Raw Water Tank Project. Initially, the grant was capped at $2.5 million; however, following further discussions with State officials, we were advised to apply for the full estimated project cost of $6,745,000. This project aligns with the disaster recovery program's goals and, upon completion, will address one of the top two priority projects identified in the City of Shasta Lake's Water Master Plan.
PROJECT DETAILS
The MIT-RIP funding will be allocated for the design, environmental assessment, and construction of a raw water storage tank at the Fisherman’s Point Water Treatment Plant. The City’s current 170,000-gallon raw water storage tank is insufficient to buffer changes or interruptions in flow from the USBR raw water pump station at the base of Shasta Dam. This project involves replacing the existing tank with a new 1.6 million-gallon tank, which will connect to the future 95 Centimudi water storage tank, significantly increasing water storage capacity to support firefighting efforts during wildfires and periods of high demand.
The Raw Water Tank was a key topic during the Water Rate Study public hearings. The currently adopted rates include a Capital Improvement Project (CIP) line item for the Raw Water Tank, which is proposed to be fully financed. As discussed during the public hearing, any rate adjustments to the newly implemented rate structure will be postponed until a funding agreement is received from the State, at which point staff will work with the Water Rate Ad Hoc Committee to discuss potential changes to future rates, if any. The newly implemented rate structure was enacted on July 1, 2024, and the CIP project will not impact rates until FY 2027. The new rate structure is currently building up reserves and covering water fund expenditures.
Staff will revisit this issue with the Water Rate Ad Hoc Committee in early 2025.
FISCAL IMPACTS:
Possible reduction of $6,745,000 in Water Fund Capital Improvement costs beginning in FY 2027.
ATTACHMENTS
08-15-2024 – Award Announcement Letter
DISTRIBUTION
City Attorney
City Engineer
Finance Department
96 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FEDERAL FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 200, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
August 15, 2024
City of Shasta Lake
4477 Main Street
Shasta Lake, CA 96019
Dear City of Shasta Lake
RE: Award Announcement – CDBG-MIT-Resilient Infrastructure Program, 2018 Notice of Funding Availability, The City of Shasta – Raw Water Storage Tank Contract No. 18-MIT-RIP 23001
The California Department of Housing and Community Development (HCD) is pleased to announce that The City of Shasta (Awardee) has been awarded a Community Development Block Grant Mitigation (CDBG-MIT) Resilient Infrastructure Program (MITRIP) award in the amount of $6,745,000.00. This letter constitutes notice of the designation of Resilient Infrastructure Program funds for the Awardee.
The Awardee will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing. In addition, expenditures may not be incurred prior to the execution of the Standard Agreement.
HCD intends to issue a Standard Agreement within 90 days of receipt of the documentation required to execute this contract. A Resilient Infrastructure Program representative will be in communication with you within a week to discuss and confirm any documents needed.
Congratulations on your successful application. For further information, please contact Julian Garcia, Program Representative II, HCD Disaster Recovery Branch, [email protected].
Sincerely,
Jenny Cho
Deputy Director
Division of Federal Financial Assistance
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