REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
SITTING AS THE GOVERNING BOARD OF THE FOLLOWING:
SAN BERNARDINO COUNTY
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
September 22, 2026
FROM
NOEL CASTILLO, Director and Chief Flood Control Engineer, Department of Public Works - Transportation and Flood Control District
SUBJECT
Title
Grant Agreement with the United States Department of Agriculture - Natural Resources Conservation Service for Emergency Watershed Protection Funding for Damages Resulting from the September 2025 Storm Event
End
RECOMMENDATION(S)
Recommendation
1. Acting as the governing body of the San Bernardino County Flood Control District:
a. Approve Grant Agreement (Federal Award No. NR269104XXXXC004) with the United States Department of Agriculture - Natural Resources Conservation Service, including non-standard terms, under which the United States Department of Agriculture - Natural Resources Conservation Service will contribute up to 75%, approximately $665,250 of the cost of debris removal and k-rail installation, and up to $66,525 for technical assistance to mitigate flood risks and damages created by the September 2025 Storm Event in the Oak Glen, Forest Falls, and Seven Oaks areas, effective upon final signature through January 6, 2027.
b. Authorize the Chief Flood Control Engineer to execute Grant Agreement (Federal Award No. NR269104XXXXC004), and all associated supplemental, ancillary documents required by the United States Department of Agriculture - Natural Resources Conservation Service, subject to review by County Counsel.
c. Direct the Chief Flood Control Engineer to transmit Grant Agreement (Federal Award No. NR269104XXXXC004) with the United States Department of Agriculture - Natural Resources Conservation Service to the Clerk of the Board of Supervisors within 30 days of execution.
d. Approve Revenue Contract with San Bernardino County, in an amount of up to $221,750, under which San Bernardino County will contribute funds from the Disaster Relief - Community Needs Restricted General Funds, for a term of September 22, 2026 to September 22, 2027.
e. Authorize the Auditor-Controller/Treasurer/Tax Collector to post budget adjustments in the San Bernardino County Flood Control District 2026-27 budget, as detailed in the Financial Impact section, for the County’s match on the project (Four votes required).
2. Acting as the governing body of San Bernardino County:
a. Approve Revenue Contract with San Bernardino County Flood Control District, in an amount up to $221,750, for the County’s match funded by Disaster Relief - Community Needs Restricted General Funds.
b. Authorize the Auditor-Controller/Treasurer/Tax Collector to post budget adjustments in the County 2026-27 budget, as detailed in the Financial Impact section, for the County’s match on the project (Four votes required).
(Presenter: Noel Castillo, Director/Chief Flood Control Engineer, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
Operate in a Fiscally Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the additional use of Discretionary General Funding (Net County Cost), as with adoption of the 2026-27 Recommended Budget, the Board of Supervisors set aside one-time Discretionary General Funding in the Disaster Relief - Community Needs budget unit to achieve fiscal readiness for emergency response efforts. Pursuant to Federal Award No. NR269104XXXXC004 (Grant Agreement), the San Bernardino County Flood Control District (District) will receive federal funding for debris removal and k-rail installation to mitigate flood risks and damages caused by the September 2025 Storm Event in the Oak Glen, Forest Falls, and Seven Oaks areas (September 2025 Storm Event). Funding will be provided through the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Emergency Watershed Protection (EWP) Program, which will fund 75% of eligible project costs, with the remaining 25% provided as a local match by San Bernardino County (County).
The total estimated project cost is $887,000, with an NRCS share of $665,250 and the County’s match being $221,750. An additional amount up to $66,525 for technical assistance will be fully funded by NRCS. The County’s match would be funded by Disaster Relief - Community Needs Funds. Because County General Funds will be utilized for the County’s match, an agreement between the County and the District is included for the County to reimburse the District up to $221,750 for the match.
The following 2026-27 budget adjustments are requested for this item:
|
Cost Center |
GL Account |
Description |
Action |
Amount |
|
San Bernardino County |
|
1100001032 |
55305030 |
Operating Transfers Out |
Increase |
$221,750 |
|
1100001032 |
52002445 |
Other Professional & Specialized Services |
Decrease |
$221,750 |
|
Flood Control District |
|
1930002526 |
40909975 |
Operating Transfers In |
Increase |
$221,750 |
|
1930002526 |
52002445 |
Other Professional & Specialized Services |
Increase |
$221,750 |
BACKGROUND INFORMATION
The September 2025 Storm Event in the County brought heavy rainfall and resulted in soil erosion, mudflows, and localized flooding in the Oak Glen, Forest Falls, and Seven Oaks areas. These conditions have created a risk to public safety, infrastructure, and private property due to the buildup of mud and debris and saturated ground conditions across the impacted areas.
NRCS representatives met with District staff to evaluate the impacts of debris flows and develop emergency watershed protection measures in the affected areas, including debris removal from private properties, hauling, proper disposal, and k-rail installation. NRCS is a federal agency authorized to financially assist the District in addressing flood and debris flow risks and, under the proposed funding agreement with the District, will fund up to 75% of eligible construction costs, approximately $665,250, and up to $66,525 for technical assistance, with the County providing the remaining local share of eligible construction costs. The term of the Grant Agreement is the date of final signature through January 6, 2027.
Although the September 2025 Storm Event occurred earlier, NRCS issued the grant instructions, requirements, and application package on March 23, 2026, with a submission deadline of May 12, 2026. Due to the short timeframe between receipt of the application materials and the submission deadline, the District requested Chief Executive Officer authorization to submit the application before formal Board consideration to preserve the funding opportunity. The Chief Executive Officer approved the request on May 12, 2026, and the grant application was submitted on that same day. The District Board of Supervisors (Board) ratified the submission of a grant application on June 9, 2026 (Item No. 113). The District was notified of the grant award on July 13, 2026.
NRCS' EWP Program provides that the District may undertake eligible emergency watershed protection measures in accordance with the terms of the funding agreement. The Grant Agreement authorizes the District to perform the approved work in the Oak Glen, Forest Falls, and Seven Oaks areas in accordance with NRCS program requirements.
The Grant Agreement requires the District to indemnify the NRCS to the extent permitted by State law for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the District in connection with its acquisition and management of the grant funds.
• The standard District contract does not include any indemnification or defense by the District of the contractor.
• Potential Impact: By agreeing to indemnify NRCS, the District could be contractually waiving the protection of sovereign immunity. Claims that may be otherwise barred against the District, time limited, or expense limited could be brought against NRCS without such limitations, and the District would be responsible to defend and reimburse NRCS for costs, expenses, and damages, which could exceed the total amount of the agreement.
The District has reviewed the non-standard term and determined that the benefit to the District outweighs the potential risk of the non-standard term and recommends that the Chief Flood Control Engineer be authorized to execute the grant award agreement with NRCS.
The District is requesting delegated authority for the Chief Flood Control Engineer to execute the Grant Agreement and all associated supplemental, ancillary documents required to administer the grant, including reimbursement forms, project closeout forms, and other documents required by NRCS.
In addition, the District and County will enter into an agreement to establish the respective responsibilities of the parties and facilitate the transfer and administration of the required matching funds. The agreement will also provide a framework for coordinating the implementation of the grant-funded work and related reimbursement activities.
The agreement between the District and the County would fund the local match through Disaster Relief - Community Needs Restricted General Funds, demonstrating the County’s commitment to mitigate existing flood risks and damages, and protecting residents and properties from future impacts.
The Grant Agreement with NRCS aligns with the County and Chief Executive Officer's goals and objectives of providing for the safety, health, and service needs of County residents by reducing flood risks, protecting public infrastructure and private property, and working cooperatively with federal agencies.
PROCUREMENT
Not appliable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A. Curtis and Aaron Gest, Deputies County Counsel, 387-5455) on August 18, 2026; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-7022) on September 6, 2026; Risk Management (Stephanie Pacheco, Staff Analyst II, 386-9039) on August 20, 2026; and County Finance and Administration (Scott Bruckner, Administrative Analyst, 387-4020) on September 2, 2026.