REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 29, 2025
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Waiver Valuations and Amendment No. 1 to Acquisition Agreements for New Temporary Construction Easements for the Stanfield Cutoff at State Route 38 Project in the Big Bear Lake Area
End
RECOMMENDATION(S)
Recommendation
1. Approve Waiver Valuation Nos. 24-98 and 24-99, copies of which are on file with the Real Estate Services Department.
2. Authorize the acquisition of two new Temporary Construction Easements from two property owners, totaling approximately 6,831 square feet of real property (Assessor’s Parcel Numbers 0304-431-09-0000 and 0304-431-05-0000), for the period of May 31, 2025, through the earlier of project completion or May 30, 2027, for the Stanfield Cutoff at State Route 38 Project in the Big Bear Lake Area, at a total cost not to exceed $16,500, which includes the just compensation and an approximate 10% contingency amount.
3. Approve the form of Amendment No. 1 to the existing Acquisition Agreements to acquire two new Temporary Construction Easements from two property owners, totaling approximately 6,831 square feet of real property (Assessor’s Parcel Numbers 0304-431-09-0000 and 0304-431-05-0000), for the period of May 31, 2025, through the earlier of project completion or May 30, 2027, for the Stanfield Cutoff at State Route 38 Project in the Big Bear Lake Area.
4. Authorize the Director of the Real Estate Services Department to:
a. Complete and execute Amendment No. 1 to two existing Acquisition Agreements, in substantial conformance with the approved form of Amendment No. 1, to acquire a total of two new Temporary Construction Easements from two property owners over portions of certain real properties, totaling approximately 6,831 square feet, for the Stanfield Cutoff at State Route 38 Project in the Big Bear Lake Area, at a total cost not to exceed $16,500, which includes the just compensation and an approximate 10% contingency amount.
b. Execute any other documents necessary to complete these transactions, subject to County Counsel review.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Stanfield Cutoff at State Route 38 Project in the Big Bear Lake Area (Project) is funded by Measure “I” 2010-2040 Mountains Subarea Major Local Highways Program, which is administered by the San Bernardino County Transportation Authority (SBCTA), the State of California, and the State Highway Operations and Protection Program Minor B funds. The total cost to acquire the two new Temporary Construction Easements (TCEs) for the period of May 31, 2025, through the earlier of project completion or May 30, 2027, is estimated to be $15,000 plus an approximate 10% contingency amount for potential administrative settlements, for an aggregate cost not to exceed $16,500. Sufficient appropriation and revenue are included in the Department of Public Works (DPW) 2024-25 Road Operations budget (6650002000 14H15055) and will be included in future recommended budgets.
BACKGROUND INFORMATION
On March 28, 2023 (Item No. 47), the Board of Supervisors (Board) approved one fee acquisition, one permanent road easement, and two TCEs on portions of two parcels of properties in the Big Bear Lake Area (Assessor’s Parcel Numbers [APN] 0304-431-03-0000 and 0304-431-05-0000) (Properties) and the forms of Acquisition Agreement and property right grants. The initial TCEs were for a period of two years (May 30, 2023, through May 30, 2025), which were obtained from two property owners for the Project at a total cost not to exceed $309,100, which included the appraised just compensation and a 10% contingency amount, plus escrow and title fees. The total cost to acquire all property interests for the Project (including the initial TCEs) for the two parcels was $283,575. The Board also approved Appraisal Nos. 23-09 and 23-10 to determine the just compensation for the acquisitions, including the initial TCEs.
The Project involves installation of a roundabout at the intersection of Stanfield Cutoff and State Route 38 (also known as North Shore Drive) to improve the intersection’s efficiency, traffic flow, and pedestrian and general public safety. The Project work includes reconstruction and installation of a single-lane roundabout, crosswalks, sidewalks, curb and gutter, curb ramps in accordance with current design standards and pursuant to the Americans with Disabilities Act (ADA) guidelines, utility relocations, street lighting, tree and vegetation removal, installation of drainage features, and new signage and striping to accommodate the roundabout intersection.
Following the Board’s approval on March 28, 2023 (Item No. 47), the County acquired fee interest in a portion of the property owned by the Big Bear Valley Unified School District (School), which was originally referenced as APN 0304-431-03-0000. Due to the partial acquisition by the County, the original parcel was subdivided into two new parcels: APN 0304-431-08-0000 owned by the County and APN 0304-431-09-0000 retained by the School. As a result of this subdivision, the new TCE from the School is now located on APN 0304-431-09-0000.
Due to unexpected delays with the coordination of the United States Forest Service, utility relocation, and plan modifications to work around existing private property improvements during the construction planning phase of the Project, the initial TCEs are scheduled to expire on May 30, 2025, and new TCEs are needed for a period from May 31, 2025, through the earlier of Project completion or May 30, 2027. DPW - Transportation (DPW-T) has requested the Real Estate Services Department’s (RESD) assistance with new TCEs for the Project.
The new TCEs, are described as follows:
|
Property Owner/ Last Name |
APN |
Acquisition Type |
Total Area to be Acquired |
|
Bear Valley Unified School District |
0304-431-09 -0000 (portion) |
TCE |
4,139 square feet |
|
VCA North Shore Animal Hospital Inc. |
0304-431-05-0000 (portion) |
TCE |
2,692 square feet |
Real Estate Services is requesting the use of a template form of Amendment No. 1 and delegation of authority to the RESD Director to enhance efficiency and flexibility in the acquisition process. This approach helps mitigate delays often caused by protracted negotiations while ensuring that all agreements comply with Board-approved standards. Delegation of authority further enables staff to manage routine execution tasks effectively, streamlining the overall process.
Upon the Board’s approval of this item, the Director of RESD will complete and execute Amendment No. 1 to the existing Acquisition Agreements with the two property owners, in conformance with the approved form, for a period of May 31, 2025, through the earlier of project completion or May 30, 2027, at a total not-to-exceed the amount of $16,500. In addition, the Director of RESD will accept the conveyance of two new TCEs from the property owners pursuant to the authority granted by the Board on March 27, 2012 (Item No. 75). Lastly, this item allows the Director of RESD to approve and execute any other documents necessary to complete these transactions, subject to County Counsel review. RESD will maintain these documents in its files.
On November 15, 2022 (Item No. 63), the Board approved the Project and determined it to be categorically exempt in accordance with the California Environmental Quality Act (CEQA). The Clerk of the Board was directed to file and post a Notice of Exemption. Accordingly, no further action is required under CEQA.
On July 09, 2024 (Item No. 40), the Board approved the plans and specifications and authorized the Director of Public Works to advertise the Project for formal bids.
PROCUREMENT
RESD can make offers and acquire the necessary new TCEs in conformance with all applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Government Code section 7260 et seq., corresponding regulations, and County Policy No. 12-20.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, and Aaron Gest, Deputies County Counsel, 387-5455) on March 24, 2025; Public Works (Noel Castillo, Director, 387-7916) on March 6, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on March 10, 2025; Finance (Kathleen Gonzalez, 387-5412, and Eduardo Mora, 387-4376, Administrative Analysts) on April 8, 2025; and County Finance and Administration (Paloma Hernandez Barker, Deputy Executive Officer, 387-5423) on April 14, 2025.
(JAG: 677-8210)