Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  13-001675

 

MEETING DATE:

01/28/14

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Community Resources   (Approved)

Department contact person(s):

Rich Adler (949) 923-3752 

 

 

Harry Huggins (949) 923-3749

 

 

Subject:  Memorandum of Understanding – Open Space Roads, Trails and Fire Barriers

 

      ceo Concur

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact: No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years No

 

Year of Audit

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

 

1.

Find that approval of the Memorandum of Understanding for the Management of Roads, Trails and Fire Barriers is not a project within the meaning of CEQA Guidelines Section 15378 and, therefore, is not subject to review under CEQA.

 

2.

Authorize the Director of OC Parks to execute the Memorandum of Understanding for the Management of Roads, Trails and Fire Barriers and any subsequent Administrative Amendments to the Memorandum of Understanding.

 

 

 

 

SUMMARY:

 

Authorization to execute the Memorandum of Understanding for the Management of Roads, Trails and Fire Barriers will result in more effective coordination among the various landowners and public agencies for maintenance activities within the conservation lands in Orange County.  

 

 

BACKGROUND INFORMATION:

 

The County of Orange, the City of Irvine, the California Department of Parks and Recreation, and the Irvine Company are among a group of participating landowners in the preservation of open space and urban wildlands in Orange County. As signatories to the Central and Coastal Subregion Natural Community Conservation Plan (NCCP) and Habitat Conservation Plan (HCP) executed in July 1996 under the authority of the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service, each participating landowner is responsible for managing its portion of the Reserve System in a manner that conserves the natural plant and animal species at the ecosystem level while accommodating compatible land use, such as public recreation or maintenance of utilities.

 

Southern California Edison (SCE) holds easements on certain roads throughout the Reserve System, primarily to access its electrical transmission and distribution lines for maintenance purposes. The activities required for ongoing maintenance of both the distribution lines and access roads have the potential to impact sensitive habitat, and should be executed in a manner consistent with the conservation standards in the NCCP/HCP.

 

The Orange County Fire Authority (OCFA) serves as SCE's contractor to maintain certain access roads. In addition, OCFA maintains fire access roads and fire barriers on the lands throughout the Reserve System and responds to fire and medical emergencies throughout the region.

 

As a mechanism to standardize and coordinate the maintenance activities being performed by SCE and OCFA on the multi-purpose roads, trails and fire barriers throughout the Reserve System lands, representatives of SCE and OCFA and several of the participating landowners have developed a Memorandum of Understanding (MOU – Exhibit A) that is intended to:

 

1.

Apply best practices for infrastructure maintenance and management uniformly across a regional network of preserved open space and urban wildlands owned by multiple agencies.

 

2.

Communicate annual work plans to minimize operational redundancies, confusion and conflicts among landowners, contractors and land managers regarding protocols, scheduling and best practices.

 

3.

Formalize informal verbal arrangements between agencies that may be lost due to staff turnover.

 

The MOU is to remain in effect until termination by all parties, although any party may terminate its individual participation by giving written notice sixty days prior to the date of termination. All parties to the MOU have agreed to mutual indemnification, with the exception of OCFA. This exception is provided since OCFA's involvement is limited to fire service and contracted maintenance activities and OCFA is neither a landowner nor an easement holder.

 

Compliance with CEQA: The recommended action is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA since it will not result in any direct or indirect physical change in the environment and does not involve an irrevocable commitment of resources by the County. It involves approval of an MOU that simply effects better coordination among parties responsible for managing the on-going maintenance of multi-purpose roads, trails and fire barriers. However, any project work resulting from this MOU will be subject to review under CEQA.

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

EXHIBIT(S):

 

Exhibit A: Memorandum of Understanding