REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
June 27, 2023
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
BRENDON BIGGS, Director, Department of Public Works - Transportation
SUBJECT
Title
Amendment to Memorandum of Understanding for the Hazardous Fuels Reduction Services
End
RECOMMENDATION(S)
Recommendation
1. Acting as the governing body of San Bernardino County, approve Amendment No. 1 to Memorandum of Understanding No. 19-346 between San Bernardino County, on behalf of its Department of Public Works - Transportation, and the San Bernardino County Fire Protection District, adding a scope of work to allow and support the San Bernardino County Fire Protection District to utilize up to $500,000 of grant funds to provide hazardous fuels reduction services in the County Maintained Road System area, located in Lake Arrowhead and surrounding areas, Crestline, Running Springs, Waterman Canyon, Wrightwood and surrounding areas, Angelus Oaks, Oak Glen and Mt. Baldy Village, and extending the term of the agreement by an additional year, for a total contract period of May 21, 2019 through June 30, 2025.
2. Acting as the governing body of the San Bernardino County Fire Protection District:
a. Find the hazardous fuels reduction services are exempt under the California Environmental Quality Act Guidelines, Title 14 of the California Code of Regulations Section 15301(c) Class 1 (repair and maintenance).
b. Find the hazardous fuels reduction services support a San Bernardino County Fire Protection District purpose of protecting lives and property.
c. Approve Amendment No. 1 to Memorandum of Understanding No. 19-346 between San Bernardino County, on behalf of its Department of Public Works - Transportation, and the San Bernardino County Fire Protection District, adding a scope of work to allow and support the San Bernardino County Fire Protection District to utilize up to $500,000 of grant funds to provide hazardous fuels reduction services in the County Maintained Road System areas located in Lake Arrowhead and surrounding areas, Crestline, Running Springs, Waterman Canyon, Wrightwood and surrounding areas, Angelus Oaks, Oak Glen and Mt. Baldy Village, and extending the term of the agreement by an additional year, for a total contract period of May 21, 2019 through June 30, 2025.
d. Approve the right-of-entry agreement template with underlying property owners for the hazardous fuels reduction services.
e. Authorize the Fire Chief/Fire Warden to execute the right-of-entry agreement template with underlying property owners for the hazardous fuels reduction services.
f. Direct the Secretary of the Board of Directors to file and post the California Environmental Quality Act Notice of Exemption.
(Presenter: Dan Munsey, Fire Chief/Fire Warden, 387-5779)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Create, Maintain and Grow Jobs and Economic Value in the County.
Improve County Government Operations.
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
Approval of this amendment will not result in the use of Discretionary General Funding (Net County Cost). The amendment increases the scope of work for the hazardous fuels reduction services and provides for the San Bernardino County Fire Protection District (SBCFPD) to use grant funding in the amount not-to-exceed $500,000 to perform the hazardous fuels reduction services within the County Maintained Road System (Road System) areas. SPCFPD will use staff and provide an additional scope of work to be provided by the San Bernardino County Department of Public Works - Transportation (DPW) to SBCFPD on a cost reimbursement basis, not to exceed $250,000, to support this project. These services will be provided using funds received from a $500,000 grant award from the California Department of Forestry and Fire Protection (CAL FIRE), that was accepted by the SBCFPD Board of Directors (Board) on March 15, 2022 (Item No. 52).
BACKGROUND INFORMATION
On May 21, 2019 (Item No. 142), DPW and SBCFPD entered into Memorandum of Understanding No. 19-346 (MOU) that allows DPW and SBCFPD to provide mutual maintenance services in an amount not-to-exceed $250,000 for the period of May 21, 2019 through June 30, 2024.
The recommended Amendment No. 1 will add a scope of work to allow SBCFPD to conduct hazardous fuels reduction services in the Road System that includes routes of ingress and egress for secure safe passage for public safety and for potential evacuation routes in Lake Arrowhead and surrounding areas, Crestline, Running Springs, Waterman Canyon, Wrightwood and surrounding areas, Angelus Oaks, Oak Glen and Mt. Baldy Village (Grant Award Area).
This work includes the removal of flammable vegetation within Road System right-of-way to reduce fuel loading, as well as tree, shrub, and weed maintenance activities. Any trees removed will not include the removal of the stump. The soil will not be altered or changed. The grant award funds for the hazardous fuels reduction services must be expended prior to March 30, 2025. The hazardous fuels reduction services support a SBCFPD purpose of protecting lives and property.
Based on the work occurring in the Road System, the recommended amendment will also add a scope of work to allow DPW to provide cost-reimbursement services to SBCFPD in support of the hazardous fuels reduction services, such as any and all environmental services, including, but not limited to, surveys/monitoring of any endangered or threatened species or nesting birds, cultural/historic resources surveying, consultation and assistance on any applicable and necessary permits, and review and preparation of any needed biological report.
Amendment No. 1 to the MOU will also extend the term of the agreement by an additional year, for a total contract period of May 21, 2019 through June 30, 2025. The purpose of the extension is to align with the grant award period and to allow for the closeout period of the grant. All other terms of the MOU shall remain in full force and effect.
All hazardous fuels reduction services will be performed in Road System’s right-of-way. In the event the Road System right-of-way is just an easement, SBCFPD will request the approval from the underlying property owner(s) through a right-of-entry agreement. To efficiently process the right-of-entry agreement in a timely manner, this item recommends that the Board approve a right-of-entry agreement template for the hazardous fuels reduction services and authorize the Fire Chief/Fire Warden to execute the template with underlying property owner(s) as needed.
The hazardous fuels reduction services were reviewed pursuant to the California Environmental Quality Act (CEQA) and were determined to be exempt under the CEQA Guidelines, Title 14 of the California Code of Regulations Section 15301(c) Class 1 (repair and maintenance). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15301(c) includes as an example existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. Recommendation No. 2.f asks the Board to direct the Clerk of the Board to post the CEQA Notice of Exemption.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott Runyan, Principal Assistant County Counsel, and Aaron Gest, Deputy County Counsel, 387-5455) on June 16, 2023; Finance (Carl Lofton, Administrative Analyst, 387-5404, and Tom Forster, Administrative Analyst, 387-4635) on June 9, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on June 9, 2023.