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File #: 20-1446   
On agenda: 1/12/2021 Final action: 1/12/2021
Enactment date: Enactment #: Resolution No. 21-003
Recommended Action(s)
1. Adopt Resolution proclaiming continuation of the local emergency status relating to the extremely high levels of tree mortality and hazardous conditions created by the drought and request that the Governor continue to provide resources and support to mitigate risk of falling trees and increased fire hazard. 2. Authorize the Purchasing Manager to continue executing professional service agreements and other documents, subject to review and approval by County Counsel and the Auditor-Controller/Treasurer-Tax Collector, necessary for the identification, removal, and disposal of dead and dying trees in Fresno County for an amount not to exceed $17,756,484.
Attachments: 1. Agenda Item, 2. Resolution No. 21-003, 3. Proclamation of State Emergency, 4. Map of Affected Area

DATE:                     January 12, 2021

 

TO:                     Board of Supervisors

 

SUBMITTED BY:                     Jean M. Rousseau, County Administrative Officer / Emergency Services Director

 

SUBJECT:                     Continuation of Tree Mortality Local Emergency Status in Fresno County and Purchasing Manager’s Authorization

 

RECOMMENDED ACTION(S):

TITLE

1.                     Adopt Resolution proclaiming continuation of the local emergency status relating to the extremely high levels of tree mortality and hazardous conditions created by the drought and request that the Governor continue to provide resources and support to mitigate risk of falling trees and increased fire hazard.

 

2.                     Authorize the Purchasing Manager to continue executing professional service agreements and other documents, subject to review and approval by County Counsel and the Auditor-Controller/Treasurer-Tax Collector, necessary for the identification, removal, and disposal of dead and dying trees in Fresno County for an amount not to exceed $17,756,484.

 

REPORT

Approval of the first recommended action will ensure the local emergency status remains in effect and allows for the recovery of eligible costs.  Approval of the second recommended action will increase the Purchasing Manager’s previous Board authorization to contract for services related to tree mortality from $15,190,564 to $17,756,484.  This item pertains to locations in District 5.

 

ALTERNATIVE ACTION(S):

 

No viable options are available. 

 

FISCAL IMPACT:

 

The first recommended action is necessary to ensure specific liability protection, emergency powers of the Emergency Services Director, and recovery of eligible costs from State emergency funds.  On June 9, 2020, your Board approved a revenue Agreement totaling $2,565,920 with the California Department of Forestry and Fire Protection (CAL FIRE) to continue removing and disposing dead and dying trees, slash, and ground fuels, which do not require a local match.  The second recommended action would increase the Purchasing Manager’s aggregate threshold provision for tree removal services by $2,565,920, from $15,190,564 to 17,756,484.   

 

DISCUSSION:

 

On September 22, 2015, the Board approved Resolution No. 15-463 requesting a state of emergency be proclaimed in the County due to the degraded forest conditions and imminent threat from catastrophic fires and extreme drought.

 

On May 24, 2016, the Board approved the Emergency Services Director’s submittal of an Application for State financial assistance under the California Disaster Assistance Act (CDAA) to the California Office of Emergency Service (OES) to mitigate tree mortality.

 

On January 31, 2017, the Board approved 13 revenue agreements with the California Department of Forestry and the Fire Prevention (CAL FIRE) to receive FY 2016-17 State Responsibility Area (SRA) Fire Prevention and TM (Tree Mortality) Grant Program funds for the removal of dead and dying trees that are within 300 feet of permanent private structures, roadways, and public or private infrastructure.  The assessment, identification, and removal of dead and dying trees for these 13 grants is complete.  Additionally, the Board increased the Purchasing Manager’s previous authorization to contract for services related to tree mortality from $2,000,000 to $6,600,000.  

 

In May 2017, 5,200 dead and dying trees were removed from Huntington Lake Road using CDAA funding.  In February 2018, 2,300 dead and dying trees were removed from Auberry Road.  By November 30, 2018, 2,100 dead and dying trees were removed from Bretz Mill Road.  On October 31, 2019, the removal and disposal of 4,100 dead and dying trees along Huntington Lake Road was completed. 

 

On April 17, 2018, the Board approved a revenue agreement with CAL FIRE for $880,133 in Local Assistance for Tree Mortality Grant Program (LATM) funding that allows the County to cover the 25% CDAA cost share requirement and draw down an additional $2,640,399 in CDAA funding.  Additionally, your Board increased the Purchasing Manager’s aggregate threshold to procure tree removal services from $6,600,000 to $12,120,532. 

 

On November 6, 2018, the Board approved two revenue agreements with CAL FIRE for $1,390,032 in Fire Prevention Program Grant (FPP) funding to continue contracting for the removal of dead and dying trees that are within 300 feet of permanent private structures, roadways, and public or private infrastructure.  Additionally, on January 8, 2019, the Board increased the Purchasing Manager’s aggregate threshold to procure tree removal services from $12,120,532 to $13,510,564.

 

On August 6, 2019, the Board approved a revenue agreement with CAL FIRE for $1,680,000 in FPP funding to continue contracting for the removal of dead and dying trees that are within 300 feet of permanent private structures, roadways, and public or private infrastructure within the State Route 168 corridor.  Additionally, on April 14, 2020, the Board increased the Purchasing Manager’s aggregate threshold to procure tree removal services from $13,510,564 to $15,190,564.

 

On June 9, 2020, the Board approved a revenue agreement with CAL FIRE for $2,565,920 in FPP funding to continue contracting for the removal of dead and dying trees that are within 300 feet of permanent private structures, roadways, and public or private infrastructure, and to clear fire escape routes within Eastern Fresno County.  Funding will also be utilized for the removal of hazard trees resulting from the Creek Fire that threaten County infrastructure.      

 

The tree mortality budget includes funding from the following sources:

                     CDAA:                     $7,140,399 plus the County General Fund match in the amount of $1,500,000

                     SRA:                     $2,600,000

                     LATM:                     $880,133

                     FPP:                     $5,635,952

TOTAL                     $17,756,484

 

The County’s OES has coordinated an emergency response-planning meeting with all organized camps operating in the County.  Additionally, the Office worked with CAL FIRE and the Sheriff’s Office to conduct pre-fire evacuation planning meetings for communities in high hazard areas.

 

Forest degradation conditions have not improved as the tree mortality disaster has continued and escalated in eastern Fresno County.  Mountain communities are currently being affected by the 2020 Creek Fire in the Huntington Lake, Big Creek, Shaver Lake, Pine Ridge, Meadow Lakes, Alder Springs, and Cressman areas. 

 

Fresno County Ordinance Code, Chapter 2.44.060 requires your Board to review the need to continue the local emergency at least once every 30 days until terminated.  The local emergency must be terminated at the earliest possible date when conditions warranting proclamation have ended.

 

REFERENCE MATERIAL:

 

BAI #53,  December 15, 2020

BAI #26, June 9, 2020

BAI #45, August 6, 2019

BAI #31, January 8, 2019

BAI #48, November 6, 2018

BAI #39, April 17, 2018

BAI #37, January 31, 2017

BAI #13, May 24, 2016

BAI #21, September 22, 2015

 

ATTACHMENTS INCLUDED AND/OR ON FILE:

 

On file with Clerk - Resolution

On file with Clerk - Map of Affected Area

On file with Clerk - Proclamation of State Emergency

 

CAO ANALYST:

 

Raul Guerra