HomeMy WebLinkAbout34- Fire CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Richard McGreevy Subject: Mitigated Negative Declaration
and Mitigation Monitoring/Reporting
Dept: Fire Program for Foothill Vegetation
ORIGINAL Management Program
Date: June 1 3, 1 9 9 6
S;nopsis of Previous Council action:
On July 24, 1995, the Mayor and Common Council passed Resolution 95-250
authorizing the acceptance of a Federal Emergency Management Agency
(FEMA) vegetation management program grant to do prescribed burns in
the San Bernardino foothill areas.
Recommended motion:
Adopt Resolution
h �
Signature
Contact person: Richard McGreevy Phone: 384-5115
Initial Study, Mitigation
Supporting data attached: Monitoring/Reporting Program Ward: 4 and 5
Public Comments and Staff Responses
FUNDING REQUIREMENTS: Amount: $105, 049 (in kind labor/equipment contributions )
Source:(Acct. No.) 123-511 -5505 Project No. 5005
_1Acct. Description) FEMA Foothill Vegetation Management
Grant
Finance:
Council Notes:
7 /l/Qi�
75-0262 Ananrin Itcm Nn 31
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
BACKGROUND
On July 24 , 1995, the Mayor and Common Council passed Resolution
95-250 authorizing the acceptance of a Federal Emergency Management
Agency (FEMA) vegetation management program (VMP) grant . In
addition, Resolution 95-250 directed the City' s Fire Chief to
administer the grant program as lead agency with the United States
Forest Service (USFS) and California Department of Forestry (CDF) .
The objective of the grant is to significantly reduce the threat of
a wildland fire spreading into the City' s historically vulnerable
northern wildland-urban interface .
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) PROCESS AND STATUS
Grant conditions made the City of San Bernardino responsible for
CEQA requirements and FEMA responsible for National Environmental
Policy Act (NEPA) requirements . In following CEQA requirements, a
Public Scoping meeting was advertised and held at Feldhym Library
on March 12 , 1996 . Later, on May 15, 1996 , a public education
meeting was held at the Little League facility auditorium to
describe the grant project and answer any questions from the public
on it . In addition, an Initial Study was prepared for the project
and presented to the Environmental Review Committee (ERC) on May 2,
1996 . The ERC proposed a Mitigated Negative Declaration. The
Initial Study and proposed Mitigated Negative Declaration were made
available for public review and comment from May 10, 1996 to June
10, 1996 .
In addition, a Notice of Preparation of Mitigated Negative
Declaration was sent to the State Clearinghouse for distribution to
affected State agencies, members of the public who had requested
notification and responsible agencies . Comments were received from
the San Bernardino County Flood Control District and Jane Hunt-
Ruble . Their comments and staff' s responses are included as
Exhibit 2 .
On June 13 , 1996 , the ERC reviewed the Mitigation
Monitoring/Reporting Program and recommended that the Mayor and
Common Council adopt the Mitigated Negative Declaration and
Mitigation Monitoring/Reporting Program.
I
75-0264
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CITY OF SAN BERNARDINO FIRE DEPARTMENT
INTEROFFICE MEMORANDUM
TO: Mayor and Common Council
FROM: y P�e Preparedness Coordinator
SUBJECT: Initial Study and Mitigation Monitoring/Reporting Program (MM/RP) for
Vegetation Management Program(Prescribed Burns in Foothills)
DATE: June 13, 1996
COPIES: Rachel Clark, City Clerk; Shauna Clark, City Administrator; Jim Penman, City
Attorney
APPROVAL:
---------------- - --- ------/--------------------------------------------------------------------
Attached for your review are the subject documents. They are attachments to a resolution
package that is scheduled for your consideration at the Common Council meeting on July 1,
1996. Due to the length of the documents, they are being distributed ahead of time and separate
from the resolution and staff study package to allow you more time to review them.
The proposed resolution adopts a Mitigated Negative Declaration and the attached MM/RP plus
directs the Fire Chief to proceed with the implementation and administration of this wildland fire
hazard mitigation program.
}
TOM DODSON & ASSOCIATES
463 N. SIERRA WAY
SAN BERNARDINO, CA. 92410
(909) 884-9700 FAX (909) 889-8050
June 25, 1996
Mr. Michael Finn
City of San Bernardino
Department of Planning and Building Services
300 North"D" Street
San Bernardino, CA 92418
Dear Mike:
I appreciate your input regarding some of the pagination errors in the Vegetation Management
Project Initial Study. We added additional material prior to releasing the document and the page
numbers changed. Corrections for these errors are provided below for the City Council and the
public record:
1. Initial Study Environmental Checklist Form, page 5: change page references under Earth
Resources from"14-16 and 38-40" to"15-17 and 40-42".
2. Initial Study Environmental Checklist Form, page 6: change page references under Air
Resources from"27-33 and 44" to "29-36 and 49-50".
3. Initial Study Environmental Checklist Form, page 7: change page references under Water
Resources from"16-23 and 40-41" to "17-24 and 42-43".
4. Initial Study Environmental Checklist Form, page 7: change the checklist finding for"c.
Other?" from"Maybe" to "No".
5. Initial Study Environmental-Checklist Form, page 8: delete the term"To be completed."
and replace with the following text: "Please refer to the attached "Environmental
I Assessment/Initial Study San Bernardino Vegetation Management Project" study which
provides detailed responses to these Biological Resource issues. These issues are
addressed on pages 27-29 and 45-48."
6. Initial Study Environmental Checklist Form, page 8: change page references under Noise
from"23-26 and 40-41" to "24 and 27 and 44".
7. Initial Study Environmental Checklist Form, page 9: change page references under Land
Use from"23, 37, 38, 41, 49 and 50" to "24, 39, 40, 43, 44, 53, 54 and 55".
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8. Initial Study Environmental Checklist Form, page 9: change page references under Man-
Made Hazards from"26, 42 and 43" to "24 and 27 and 43-45".
9. Initial Study Environmental Checklist Form, page 10: change page references under
Housing from"36 and 48" to "39 and 53".
10. Initial Study Environmental Checklist Form, page 11: change page references under
Transportation/Circulation from"38-39 and 48" to "52 and 53".
11. Initial Study Environmental Checklist Form, page 11: change page references under Public
Services from"39-40 and 48" to "53 and 54".
12. Initial Study Environmental Checklist Form, page 12: change page references under
Utilities from"35, 36, 46 and 47" to"37-38 and 51-52".
13. Initial Study Environmental Checklist Form, page 13: change page references under
Aesthetics from"34, 35, 45 and 46" to"36-37 and 50-51".
14. Initial Study Environmental Checklist Form, page 13: change page references under
Cultural Resources from"27, 43, and 44 and Appendix 3" to "29, 48 and 49 and
Appendix 3".
If you have any questions, please feel free to give me a call.
Sincerely,
4�7"Cl?
Tom Dodson
2
MITIGATION MONITORING/REPORTING PROGRAM FOR THE
FOOTHILL VEGETATION MANAGEMENT PLAN
Introduction
This mitigation monitoring and compliance program has been prepared for use by the City of San
Bernardino as it implements mitigation measures for the Foothill Vegetation Management Plan. This
Program has been prepared in compliance with the California Environmental Quality Act (CEQA)
and the State and City CEQA Guidelines.
1
CEQA Section 21081.6 requires adoption of a reporting and/or monitoring program for those
measures or conditions imposed on a project to mitigate or avoid adverse effects on the environment.
The law states that the monitoring or reporting program shall be designed to ensure compliance
during project implementation.
This Mitigation Monitoring/Reporting Program (NDvfRP or Program) contains the following
elements:
1) The mitigation measures are recorded with the action and procedure necessary to ensure
compliance. Each mitigation measure contained within the Initial Study for implementation
by the City is listed on a separate sheet.
2) A procedure for compliance and verification has been outlined for each mandatory mitigation
action. This procedure designates who will take the action, what action will be taken and
when, and to whom and when compliance will be reported.
3),, The Program contains a separate Mitigation Monitoring and Compliance Record for each
action. On each of these record sheets, the pertinent actions and dates will be logged, and
copies of permits, correspondence or other data relevant to verifying mitigation
implementation will be attached. Copies of the records will be retained by the City of San
Bernardino as part of its project files.
4) The Program has been designed to be flexible. As monitoring progresses, changes to
compliance procedures may be necessary based upon recommendations by those responsible
for the Program. If changes are made, new monitoring compliance procedures and records
will be developed and incorporated into the Program.
The individual measures and the accompanying monitoring/reporting actions follow. They are
numbered in the same sequence as presented in the Project Initial Study.
ATTACHMENT B
MITIGATION MEASURE
IV.A.1. Remedial erosion control measures as outlined in the Initial Study will be
implemented if inspections following the first three storms of the rainy season
indicate significant erosion damage and/or downstream sediment damage to the
main stream in the local drainage.
IMPLEMENTATION AND VERIFICATION
The City Fire Department shall inspect and verify in writing the status of erosion in areas that have
undergone prescribed burning. The Department inspector shall place copies of the field inspection
notes in the project file. If remedial erosion control measures are implemented, the Department will
identify the agent that implements the erosion control measures and place a copy of filed inspection
notes in the file verifying that the measures have been successful.
COMPLIANCE RECORD
WHEN REQUIRED: The written verification and initial inspection notes shall be placed in the
project file immediately following the inspection. If required, he note
verifying successful implementation of erosion control measures shall be
placed in the project file immediately following the inspection.
FIELD INSPECTION NOTE(S) PREPARED BY:
DATE FILED:
EROSION CONTROL INSPECTION NOTE(S) PREPARED BY:
DATE FILED:
FOLLOW-UP REQUIRED/COMPLETED:
MITIGATION MEASURE
IV.B.1 All stream channels will be excluded from the vegetation management program,
and boundaries for the areas selected for controlled burns or mechanical
vegetation management will be selected to minimize any direct or indirect effect
on stream channels and related riparian vegetation.
IMPLEMENTATION AND VERIFICATION
Within each prescribed burn plan, the City shall include a section verifying that stream channels with
riparian vegetation have been avoided and direct or indirect effects on channels and related riparian
vegetation have been minimized.
COMPLIANCE RECORD
WHEN REQUIRED: The require discussion shall be incorporated into each prescribed burn plan
prepared and/or implemented by the City under this project. A copy of the
prescribed burn plan shall be incorporated into the project file prior to
initiating the prescribed burn.
PRESCRIBED BURN PLAN PREPARED BY:
DATE PREPARED AND REVIEWED:
DATE PLACED IN PROJECT FILE:
DATE PRESCRIBED BURN INITIATED:
FOLLOW-UP REQUIRED/COMPLETED
MITIGATION MEASURE
IV.F.1 If a hazardous or toxic substance is released during implementation of the vegetation
management program, the agencies shall properly clean-up and remove any
contaminated soil or other material; restore the affected area to background conditions
or regulatory threshold levels for the contaminant(s) released; and deliver the
contaminated material to an appropriate treatment, recycling, or landfill facility in
accordance with the regulations for the type of contaminant accidental released and
collected for management.
IMPLEMENTATION AND VERIFICATION
When a hazardous substance is released, the City Fire Department shall prepare an incident report
that identifies the substance, the method of clean-up and residual conditions of the site, and the
location of ultimate disposal or management. A copy of this incident report shall be retained in the
project file.
COMPLIANCE RECORD
WHEN REQUIRED: Incident report shall be prepared immediately following discovery and
completion of site remediation. The copy of the incident report shall be
placed in the project file when it is completed.
INCIDENT REPORT PREPARED BY:
DATE PREPARED:
DATE NOTE PLACED IN PROJECT FILE:
FOLLOW-UP REQUIRED/COMPLETED
i
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MITIGATION MEASURE
IV.G.1 At the beginning of each subsequent years planning period (assume January of
each new year), the fire agencies shall identify the areas that are proposed to
undergo prescribed burns. For those areas that contain Coastal Sage Scrub that
is suitable habitat for the gnatcatcher, a survey conforming to the FWS
protocols shall be performed. If inhabited, no prescribed burns shall be
conducted in the proposed burn area until after the nesting season, September
1 of each year. If uninhabited, the prescribed burn shall be conducted after the
completion of surveys to the satisfaction of the FWS. The decision to proceed
with a prescribed burn shall be implemented only after conferring with the FWS
and receipt of approval to proceed.
IMPLEMENTATION AND VERIFICATION
An annual plan or list identifying areas for prescribed burning shall be compiled and placed in the
project record as required above. The gnatcatcher survey results shall be placed in the project file,
and the response from the FWS shall be retained in the project file.
COMPLIANCE RECORD
WHEN REQUIRED: The annual plan shall be compiled prior to initiating prescribed burns on any
t areas each year. The gnatcatcher survey results shall be completed and placed
in the project file prior to initiating prescribed burns on any Coastal Sage
Scrub areas each year. The FWS response shall be placed in the project file
prior to initiating prescribed burns on any Coastal Sage Scrub areas each year.
ANNUAL PLAN PREPARED BY:
DATE PLAN PLACED IN PROJECT FILE:
DATE OF FIRST PRESCRIBED BURN EACH YEAR:
GNATCATCHER SURVEY PREPARED BY:
DATE FILED AND SUBMITTED TO FWS:
DATE FWS RESPONSE RECEIVED BY CITY:
FOLLOW-UP REQUIRED/COMPLETED:
MITIGATION MEASURE
IV.G.2 For areas of immediate fire hazard concern, the fire agencies shall consider
creating a buffer area through mechanical vegetation management, such as
mowing or hand removal of vegetation. This mechanical vegetation
management shall be conducted following the nesting season and shall be
reviewed and approved by the FWS prior to action.
IMPLEMENTATION AND VERIFICATION
If mechanical vegetation management is selected for Coastal Sage Scrub areas requiring immediate
attention, the City shall identify the area and retain a copy of the mechanical vegetation management
plan in the project file. The response from the FWS shall be retained in the project file.
COMPLIANCE RECORD
WHEN REQUIRED: The mechanical vegetation management plan shall be compiled prior to and
placed in the project file prior to initiating the action in any given year. The
FWS response shall be placed in the project file prior to initiating any
mechanical vegetation management plan activities on any Coastal Sage Scrub
areas each year.
MECHANICAL VEGETATION PLAN PREPARED BY:
DATE PLAN PLACED IN PROJECT FILE:
DATE FILED AND SUBMITTED TO FWS:
DATE FWS RESPONSE RECEIVED BY CITY:
FOLLOW-UP REQUIRED/COMPLETED:
MITIGATION MEASURE
1V.M.1 Prior to finalizing prescribed burn plans, the agencies shall identify all utility
resources that are located within a proposed controlled burn or mechanical
vegetation management area. The agencies shall confer with the responsible
utility regarding the infrastructure and, if the infrastructure may be damaged
by the proposed vegetation management program, the area shall be excluded
from the management area. Alternatively, revising the management plan to
ensure that the infrastructure will not be damaged, to the satisfaction of the
utility, would allow the vegetation management plan to proceed.
IMPLEMENTATION AND VERIFICATION
The utility survey and contacts with the utilities shall be documented and a copy placed in the project
file by the City. Areas deleted or specific alterations to the vegetation management plans shall be
retained in the project file.
COMPLIANCE RECORD
WHEN REQUIRED: The utility survey and contact data must be placed in the project file prior to
initiating a vegetation management plan activity. Copies of prescribed burn
plan modifications shall also be placed in the project file prior to initiating any
vegetation management plan activity.
UTILITY SURVEY AND CONTACT DATA PREPARED BY:
DATE DATA PLACED IN PROJECT FILE:
DATE PLAN MODIFICATION INFORMATION PLACED IN PROJECT FILE:
DATE OF PRESCRIBED BURN AFFECTED BY MODIFICATION:
FOLLOW-UP REQUIRED/COMPLETED:
(cont)
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2-5 At least four public meetings will have been held prior to making any decision on the
proposed project. At this point no significant impacts have been identified that cannot be
mitigation through effective planning for the prescribed burns, or through identified
mitigation measures. The net effect of this project over the long-term, including the
biological resources, is considered to be beneficial.
2-6 Your comments are noted and will be provided to the decision-makers for consideration
prior to the final decision being made for this project.
i
Foothill Vegetation
Management Plan
ENVIRONMENTAL COMMENTS
AND STAFF RESPONSES
EXHIBIT 2
—UJUN; Ce
JUN-07-101 FRI 11:44 ID: TEL N0:1909-384-5155 9851 P02
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TRANSPORTATION/FLOOD CONTROL
DEPARTMENT - COUNTY SURVEYOR °� "'�
����� rvauc woke GROUP
i :apt ThWd Strut • :on kmwelno. CA 9241043838 • {908) 387-2800 % KEN A. MILLER
.ti Fox No. 1808! 387-2007 Rlrwor
JUN 0 7 :. 910 File: 2-000/2.00,2-000/8.01
�i,r ui�SAN 6GRN AWtf WO June 6, 1996
Mr. Michael &Finn
Associate Planner
City of San Bernardino
Department of Planning&Building Services
300 North"D"Street
Son Betttardino,CA 92418
Subject: City of San Bernardino Foothill Vegetation Management Plan(Initial Study#96-10)
Dear Mr. Finn:
In accordance with correspondence and the Initial Study package received by this Department
from you on May 9, 1996, the Department has reviewed the subject Initial Study and has the
fallowing comments:
1.) Since vegetation management measures will be performed in part over various areas
encumbered by Flood Control District right of way and/or easements, it will be the
responsibility of the City to obtain all necessary permits from the District and other
1-1
j urisdictional agencies involved prior to initiating said measures. .Please contact the San
Bernardino County Flood Control District, Field Engineering Division, Flood Control
Permits Section at 825 East Third Street, San Bernardino, CA 924150835. The Flood
Control Permits Engineer is Mr. Ken Eke and his telephone number is(909) 387-2633.
2.) It is possible that controlled burns will result in flooding, and accumulation of excessive
amounts of debris and sedimentation in various District channels and basin facilities
downstream from affected burned watershed areas. Appropriate measures shall be
1-2 provided in place by the City prior to the advent of the rainy season to preclude such
Occurrences. A determination shall be made as to who will reimburse the District for any
costs incurred in the event it becomes necessary to remove excessive debris and
sedimentation from said facilities which may be attributable to controlled blue actions by
the City.
3.) The controlled bums should be limited to no more than 25%of an individual watershed in
1-3 any one year. Proposed burn areas 6,7, 9, 10, 13, 14 and 18 (pages 8-10, of said Initial
Study),may need to be revised to meet this criteria.
RESPONSES TO COMMENTS
LETTER#1
SAN BERNARDINO COUNTY
TRANSPORTATION/FLOOD CONTROL DEPARTMENT/
COUNTY SURVEYOR
1-1 Mitigation contained in the proposed Negative Declaration requires all public agencies
with infrastructure, structures, easements and rights-of-way to be contacted prior to
conducting a prescribed burn. When Flood Control easements are affected, the agencies
will need to obtain appropriate rights-of-way or easements in accordance with your
comment.
1-2 Best management erosion control measures are required as part of the prescribed burn
process. Such measures have been implemented in the past as part of Forest Service
prescribed burns and because these controlled fires leave organic matter and buffers within
and around be burn area, little erosion damage has occurred in the past. Mitigation
measures identified in the proposed Negative Declaration require remediation for any
erosion/sedimentation damage that results from the proposed program. This is consistent
with your comment.
1-3 Your comment is noted and it provides a very constructive suggestion. As individual
burns are programed for implementation, this criterion will be given careful consideration
and, where appropriate, the District will be consulted for its input.
EXTENDEU PAGE 2.1
r r
Mr.Michael R Finn
City of Sul Bernardino
June 6, 1996
Pap 2
1-4 4.) All existing District structures which may be vulnerable must be pwtected in place.
If you have any questions regarding the above,you may call me at(909)387-2634.
sincmly,
'G PAIAM NL COLLINS,P.E.,Odef
Field Operations Division
WMC:JEM:btb
cc: Mike Fox
Lou Cudin
Ken Eke
Gail Cotugna,EMD
Joe More
KAMIFVGRF
1-4 Please refer to response to comment 1-1. Structures in place will be protected by the
proposed program.
2-1
lot
2-2
RESPONSES TO COMMENTS
LETTER#2
JANE HUNT-RUBLE
2-1 Your comments are noted. In fact, your conclusion that the vegetation management
program is not needed is incorrect. It appears that you have not reviewed the biology
section of the Initial Study, nor the discussion of the rationale for the project. The burn
history of the area demonstrates that future fires will burn the foothill areas. This can
occur as a catastrophic burn, where all living things are destroyed because of the heat and
devastation of the fire, or as controlled burns where the roots and adjacent habitat will
ensure earlier restoration of the coastal sage scrub and chaparral habitats. These habitats
will benefit from creation of different age classes and the reduction in fire hazard can
significantly reduce the potential for catastrophic fires that can cause devastation beyond
the wildland/urban interface into existing urbanized areas.
2-2 The land use section of the Initial Study discusses the land use issues. The wildland/urban
interface is a reality and good management of this existing situation is an essential
responsibility of the participating fire agencies. No land use decisions are affected by this
proposed project and the fire hazard zones, as delineated in all three of the land use
jurisdictions (County and Cities of Highland and San Bernardino), remain the same for
future planning purposes.
2-3 Your comment is incorrect. All of the major catastrophic wildland fires in California have
been associated with the extreme weather conditions you identified as being rare for the
Panorama Fire. The most recent catastrophic fires of this type occurred in Laguna,
Malibu, and Oakland fires. The choices are to wait for a catastrophic fire and experience
the severe erosion, flooding and other damage associated with such fires, or to conduct
controlled burns that minimize the potential for erosion and long-term habitat damage. If
an effective vegetation age mosaic existed prior to the Panorama Fire, there would not
have been the severe destruction experienced in that fire because insufficient fuel would
have been available to sustain the severity of the fire.
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2-4 As noted in the document, the goal is to prevent an even aged stand of more that 12-15
years of age for the chaparral and coastal sage scrub habitats. If funds are available in the
future, controlled burning over this period should allow maximum habitat value and
minimal erosion and flood hazard damage, contrary to your comment. As for sensitive
species, controlled burns allow the faunal population to migrate from a fire into adjacent
habitat and to reoccupy it within one season. After a catastrophic fire, several years may
pass, including severe erosion and soil damage, before a plant community reestablishes
itself. All of the sensitive plant habitat will be protected in accordance with consultations
with the appropriate biological resource management agency requirements as is required in
the mitigation measures.
II