File #: A 23-344    Name: Annual MOU CA Dept of Forestry & Fire Protection
Type: BoS Agreement Status: Passed
File created: 7/10/2023 In control: Board of Supervisors
On agenda: 7/25/2023 Final action: 7/25/2023
Title: Approve and authorize the Director of Public Works, Facilities and Parks (PWFP) or designee to: a. Execute and submit 2 Memoranda of Understanding with the California Department of Forestry and Fire Protection for a term of 1 year for the use of Gabilan and Cuesta Conservation Camp crews to provide special fire suppression/reduction, flood protection efforts, and other activities in Monterey County parks, lakes, County Service Areas, County Road Rights-of-Way, and areas threatened by floodwaters; b. Execute and submit Conservation Camp Program Project Request and Record, on an as needed project basis to authorize individual project work and payment for a total amount not to exceed $10,000 per project, or a combined fiscal year aggregate amount not to exceed $100,000; and c. Execute and submit 2 annual CAL FIRE Memoranda of Understanding for the use of Gabilan and Cuesta Conservation Camp crews to provide special fire suppression/reduction, flood protection efforts, and other activit...
Attachments: 1. Board Report, 2. Attachment A - MOU CAL FIRE fc31 Gabilan Camp, 3. Attachment B - CAL FIRE FC32 Gabilan Camp Proj, 4. Attachment C - MOU CAL FIRE fc31 Cuesta Camp, 5. Attachment D - CAL FIRE FC32 Cuesta Camp Proj, 6. Completed Board Order Item No. 67

Title

Approve and authorize the Director of Public Works, Facilities and Parks (PWFP) or designee to:

a. Execute and submit 2 Memoranda of Understanding with the California Department of Forestry and Fire Protection for a term of 1 year for the use of Gabilan and Cuesta Conservation Camp crews to provide special fire suppression/reduction, flood protection efforts, and other activities in Monterey County parks, lakes, County Service Areas, County Road Rights-of-Way, and areas threatened by floodwaters;

b. Execute and submit Conservation Camp Program Project Request and Record, on an as needed project basis to authorize individual project work and payment for a total amount not to exceed $10,000 per project, or a combined fiscal year aggregate amount not to exceed $100,000; and

c.  Execute and submit 2 annual CAL FIRE Memoranda of Understanding  for the use of Gabilan and Cuesta Conservation Camp crews to provide special fire suppression/reduction, flood protection efforts, and other activities in Monterey County parks, lakes, County Service Areas, County Road Rights-of-Way, and areas threatened by floodwaters and Conservation Camp Program Project Request and Record on an as needed project basis to authorize individual project work and payment for a total amount not to exceed $10,000 per project, or a combined fiscal year aggregate amount not to exceed $100,000, for a maximum of 5 fiscal years where there are no substantive changes to the terms and conditions to the Agreements, subject to review and approval of County Counsel as to form and legality. 

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors approve and authorize the Director of Public Works, Facilities and Parks (PWFP) or designee to:

a. Execute and submit 2 Memoranda of Understanding with the California Department of Forestry and Fire Protection for a term of 1 year for the use of Gabilan and Cuesta Conservation Camp crews to provide special fire suppression/reduction, flood protection efforts, and other activities in Monterey County parks, lakes, County Service Areas, County Road Rights-of-Way, and areas threatened by floodwaters;

b. Execute and submit Conservation Camp Program Project Request and Record, on an as needed project basis to authorize individual project work and payment for a total amount not to exceed $10,000 per project, or a combined fiscal year aggregate amount not to exceed $100,000; and

c.  Execute and submit 2 annual CAL FIRE Memoranda of Understanding for the use of Gabilan and Cuesta Conservation Camp crews to provide special fire suppression/reduction, flood protection efforts, and other activities in Monterey County parks, lakes, County Service Areas, County Road Rights-of-Way, and areas threatened by floodwaters and Conservation Camp Program Project Request and Record on an as needed project basis to authorize individual project work and payment for a total amount not to exceed $10,000 per project, or a combined fiscal year aggregate amount not to exceed $100,000, for a maximum of 5 fiscal years where there are no substantive changes to the terms and conditions to the Agreements, subject to review and approval of County Counsel as to form and legality.   

 

SUMMARY/DISCUSSION:

Under the State of California CAL FIRE Conservation Camp Program (CAL FIRE), conservation crews may be used by local governmental agencies for special projects.  The primary mission of the program is to support federal, state, and local government agencies to respond to emergencies such as fires, floods, and other natural or manmade disasters.  The Department of Public Works, Facilities and Parks (PWFP) uses this program for vegetation clearing along public rights-of-ways adjacent to County roads; wildfire fuel abatement in County Service Areas (CSA) open space, drainage ditches, and creek bottoms; and in emergency flood situations for sandbag creation and placement.  CSAs, Parks, and Public Works Road Maintenance have benefited from this program. 

 

Each fiscal year, CAL FIRE requires a new Memorandum of Understanding (FC31) with the County that includes certain State standard provisions.  For projects implemented each year pursuant to the FC31, CAL FIRE requires Conservation Camp Program Project Request and Record forms (FC32) to be executed.   PWFP will identify projects where CAL FIRE crew assistance is required, and complete and submit the required FC32s to CAL FIRE. 

 

The FC31 for the Gabilan Conservation Camp (Attachment A) allows for provision of services in Monterey County.  FC32s, (Attachment B) includes projects currently identified in County Park locations within Monterey County. Additional projects will be scoped as identified.

 

The FC31 for the Cuesta Conservation Camp (Attachment C) allows for provision of services in San Luis Obispo County.  FC32 (Attachment D) includes one Park project currently identified at Lake Nacimiento in San Luis Obispo County.  Additional projects will be scoped as needed.

 

Staff requests the Board of Supervisors approve and authorize the PWFP Director or designee to sign the FC31s and FC32s with CAL FIRE for projects identified for completion in Fiscal Year 2023-24, and allow the PWFP Director or designee to sign annual CAL FIRE FC31s, and associated FC32s, authorizing individual project work and payment where the individual projects do no exceed $10,000 or the combined fiscal year annual aggregate does not exceed a total amount of $100,000 per FC31 for a period of five (5) fiscal years.

 

OTHER AGENCY INVOLVEMENT:

The Office of the County Counsel-Risk Management reviewed and approved each MOU as to form and legality. The Office of the Auditor-Controller reviewed the contract but does not agree to the non-standard payment provisions, which do not include any payment terms. 

 

While the payment terms are not specified in the FC31, past practice has been, once the County receives the invoice from the State of California Department of Forestry and Fire Protection, PWFP certifies the invoice and promptly submits to the County Auditor-Controller for payment. The Auditor-Controller pays the certified amount based on payment provisions in the County standard agreement, which is thirty days. 

 

FINANCING:

Sufficient funding is available in the respective Fiscal Year 2023-24 Adopted Budgets for the identified projects listed herein:  Fund 056 CSA 15 Serra Village/Toro Park, Appropriation Unit PWFP10, Budget Unit 8566; Fund 057 CSA 17 Rancho Tierra Grande, Appropriation Unit  PWFP011, Budget Unit 8566; Fund 077 CSA 50 Rio Way Tract #2, Appropriation Unit PWFP031, Budget Unit 8566; Fund 087 CSA 66 Oak Tree Views, Appropriation Unit PWFP041, Budget Unit 8566; Fund 091 CSA 72 Las Palmas Ranch, Appropriation Unit PWFP045, Budget Unit 8566; General Fund 001 All County Parks & Lake San Antonio, Appropriation Unit PWFP058, Budget Unit 8556; and Fund 453 Lake Nacimiento, Appropriation Unit PWFP060, Budget Unit 8565. 

 

For future FC31s, PWFP will request appropriations during the annual budget process, which requires the Board of Supervisors approval.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The recommended action supports BOS Strategic Initiatives for: 1) Infrastructure by keeping road rights-of-way free of encroaching vegetation and improving the functionality of drainage systems by keeping them clear of debris, obstructions, and excess vegetation; and 2) Public Safety by providing vegetation clearance and management which can reduce the risk of wildfire and provides greater access to County park trails, lakes and open space; and enabling flood protection efforts in emergency flood situations for sandbag creation and placement.

 

__   Economic Development

__   Administration

__   Health & Human Services

   Infrastructure

   Public Safety

 

Prepared by:    Dona Luna, PWFP Management Analyst III, (831) 755-5455

Reviewed by:  Bryan Flores, Chief of Parks

Approved by:  Randell Ishii, MS, PE, TE, PTOE, Director of Public Works, Facilities and Parks

 

The following attachments are on file with the Clerk of the Board:

Attachment A - MOU, FC-31, for Gabilan Conservation Camp

Attachment B - Conservation Camp Program Project Request and Record, FC-32 for MOU,

                          FC-31, for Gabilan Conservation Camp

Attachment C - MOU, FC-31, for Cuesta Conservation Camp

Attachment D - Conservation Camp Program Project Request and Record, FC-32 for MOU,

                          FC-31, for Cuesta Conservation Camp