REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 23, 2025
FROM
JOSHUA DUGAS, Director, Department of Public Health
DON DAY, Director, Project and Facilities Management Department
SUBJECT
Title
Procurement of Emergency Modulars and Equipment for the Devore Animal Shelter Expansion Project
End
RECOMMENDATION(S)
Recommendation
1. Find that the Devore Animal Shelter Expansion Project at 19777 Shelter Way in San Bernardino is exempt under the California Environmental Quality Act Guidelines, Emergency Project, section 15269 (b) and (c) and Public Resources Code section 21080 (b)(2) and (b)(4).
2. Find that there is substantial evidence that immediate action is needed to prevent or mitigate the threat to animal life, animal health, property and essential public services posed by the cessation of contracted animal shelter services in the High Desert region effective September 1, 2025, after the Town of Apple Valley voted to cancel the existing animal services contract, which has resulted in a reduction of essential shelter and animal care resources, and that this emergency will not permit the delay resulting from a formal competitive solicitation of bids to procure materials and construction services (Four votes required).
3. Adopt Resolution authorizing the Chief Executive Officer to direct the Purchasing Agent to issue purchase orders and/or contracts, in a total amount not to exceed $4,436,154, for any construction, remediation, and modifications of internal and external structures related to the sudden and unexpected loss of use of the Apple Valley Animal Shelter, and find that the issuance of these purchase orders and/or contracts are necessary to respond to this emergency pursuant to Public Contract Code sections 22035 and 22050 (Four votes required).
4. Authorize the Director of Project and Facilities Management Department to accept the work when 100% complete and execute and file the Notice of Completion.
5. Approve Capital Improvement Program Project No. 26-066, in the amount of $4,436,154, for the Devore Animal Shelter Expansion Project.
6. Approve an increase to Capital Improvement Program Project No. 18-185 by $228,647, from $3,193,747 to $3,422,394, to replenish funds used for the Devore Animal Shelter Expansion Project at 19777 Shelter Way in San Bernardino.
7. Authorize the Auditor-Controller/Treasurer/Tax Collector to post the budget adjustments, as detailed in the Financial Impact section, for the Devore Animal Shelter Expansion Project (Four votes required).
8. Direct the Project and Facilities Management Department to file and post the Notice of Exemption as required under the California Environmental Quality Act.
(Presenter: Don Day, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item will not result in the use of additional Discretionary General Funding (Net County Cost). The Devore Animal Shelter Expansion Project (WBSE 10.10.1959), in the amount of $4,436,154, together with the increase to the Devore Animal Shelter Repairs Project (WBSE 10.10.0603), in the amount of $228,647, will be fully funded through the reallocation of existing Discretionary General Funding from the Real Estate Acquisitions Project (WBSE 94.10.0002).
This item authorizes the Auditor-Controller/Treasurer/Tax Collector to post the following adjustments to the Project and Facilities Management Department’s (PFMD) budget for 2025-26:
|
Fund Center |
Commitment Item |
Description |
Action |
Amount |
WBSE |
|
7700003105 |
54304030 |
Structures and Improvements to Structures |
Decrease |
$4664,801 |
94.10.0002 |
|
7700003105 |
55305030 |
Operating Transfers Out |
Increase |
$4,664,801 |
94.10.0002 |
|
7700003100 |
54304030 |
Structures and Improvements to Structures |
Increase |
$4,436,154 |
10.10.1959 |
|
7700003100 |
40909975 |
Operating Transfers In |
Increase |
$4,436,154 |
10.10.1959 |
|
7700003100 |
54304030 |
Structures and Improvements to Structures |
Increase |
$228,647 |
10.10.0603 |
|
7700003100 |
40909975 |
Operating Transfers In |
Increase |
$228,647 |
10.10.0603 |
BACKGROUND INFORMATION
The Department of Public Health (DPH) provides animal care and control services to residents throughout the unincorporated areas of the county and utilizes contracted shelters in outlying areas where the County does not own or operate an animal shelter. Previously, DPH contracted with the Town of Apple Valley to provide animal shelter services in the High Desert region, which allowed residents of unincorporated areas to adopt or be reunited with animals within their community, provided additional spaces for animals to receive care, and served as an additional resource for animal control officers to drop off animals retrieved from the service area.
To further expand County resources in the High Desert region, DPH negotiated with the Town of Apple Valley to purchase the Apple Valley Animal Shelter, moving daily control and operations of the shelter to the County. However, the Town of Apple Valley terminated sale negotiations as well as provided notice to end the existing service contract by August 31, 2025. Due to this cancellation, DPH is housing animals from the High Desert at the Devore Animal Shelter, effective September 1, 2025, further impacting already crowded conditions at that facility.
To ensure a continuity of services for the safety and wellbeing of County animals, beginning September 1, 2025, DPH Animal Care personnel are transporting stray and injured animals to the Devore Animal Shelter, ensuring services in the high desert unincorporated region continue. The current shelter is not equipped to handle the overflow of animals and associated additional operations transferred to this facility.
Approval of this item establishes the Project with a total budget of $4,436,154, enabling PFMD to quickly engage with qualified contractors and vendors and manage this project for DPH. PFMD will proceed with the acquisition and installation of a concrete pad, tent, HVAC systems, additional kennels, and modular buildings at the Devore location. This expansion will allow for additional resources to accommodate animals being brought in from the High Desert community.
This item will approve a Board of Supervisors (Board) finding that there is an emergency, pursuant to Public Contract Code section 22050 to authorize the Purchasing Agent to issue purchase orders necessary to the Project, thus mitigating the loss of health, property, and essential services. Emergencies related to Public Contract Code section 22035 and 22050, once ordered, must be affirmed at each subsequent meeting until terminated.
Further, this item includes the adoption of a Resolution by the Board authorizing the Purchasing Agent, as directed by the Chief Executive Officer, to issue purchase orders and/or contracts, in a total amount not-to-exceed $4,436,154, for any emergency remediation, construction and modifications of internal and external structures related to the Project.
It is recommended that the Board find the Project is statutory and categorically exempt under Public Resources Code section 21080(b)(2) and (b)(4) for emergency repairs to public service facilities necessary to maintain service and specific actions necessary to prevent or mitigate an emergency; and section 15269(b) and (c) of the California Environmental Quality Act Guidelines (Title 14, California Code of Regulations) for projects involving emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety or welfare and actions necessary to mitigate an emergency, for existing facilities in response to an emergency.
This item also increases the Devore Animal Shelter Repair and Maintenance Project No. 18-185 by $228,647, from $3,193,747 to $3,422,394, for the purpose of replenishing interim funding used for the expedited purchase of 47 kennels, addition of temporary power, rental of one large tent, and a heating, ventilation, and air conditioning (HVAC) system for the Devore Animal Shelter Expansion Project at 19777 Shelter Way in San Bernardino.
PROCUREMENT
PFMD will prepare a scope of work, quote and/or contract to be approved by the Chief Executive Officer and then signed by the contractor. A purchase order will then be requested and finalized by the Purchasing Department to engage the architect, engineer and/or contractor to provide the required construction services.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniel Pasek Deputy County Counsel, 387-5455) on August 19, 2025; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-7022) on August 9, 2025; Purchasing (Ariel Gil, Supervising Buyer, 387-2070) on August 15, 2025; Project and Facilities Management (Robert Gilliam, Chief of Project Management, 387-5000) on August 9, 2025; and County Finance and Administration (Yael Verduzco, Principal Administrative Analyst, 387-5285 and Iliana Rodriguez, Administrative Analyst, 387-4205) on September 8, 2025.