REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE SAN BERNARDINO COUNTY
AND RECORD OF ACTION
February 24, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Waiver Valuations and Acquisition Agreements for Temporary Construction Easements for the North San Bernardino Area Americans with Disabilities Act Ramp Improvement Project
End
RECOMMENDATION(S)
Recommendation
1. Approve Waiver Valuation Nos. 25-79 and 25-80, copies of which are on file with the Real Estate Services Department.
2. Authorize the acquisition of two temporary construction easements from two property owners over portions of certain real properties, totaling approximately 358.04 square feet, for the North San Bernardino Area Americans with Disabilities Act Ramp Improvement Project in an unincorporated area of San Bernardino, at a total cost not to exceed $2,200, which includes just compensation and an approximate 15% contingency amount of $341.
3. Approve the form of Acquisition Agreement to acquire two temporary construction easements from two property owners over portions of certain real properties, totaling approximately 358.04 square feet, for the North San Bernardino Area Americans with Disabilities Act Ramp Improvement Project in an unincorporated area of San Bernardino, and which includes, if necessary, an administrative settlement in an amount not to exceed 10% above the approved fair market value and within the 15% contingency amount approved in Recommendation No. 2, with such justification to be documented in the parcel acquisition file as may be determined necessary to facilitate timely acquisition and project delivery.
4. Authorize the Director of the Real Estate Services Department to:
a. Complete and execute Acquisition Agreements, in substantial conformance with the approved form of Acquisition Agreement in Recommendation No. 3, to acquire the easement interests in Recommendation No. 2 at a total cost not to exceed $2,200, which includes just compensation and an approximate 15% contingency amount of $341.
b. Execute any other non-substantive 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
Operate in a Fiscally-Responsible and Business-Like Manner.
Promote and Fulfill the Countywide Vision.
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 two temporary construction easements (TCEs) for the North San Bernardino Area Americans with Disabilities Act Ramp Improvement Project (Project) will be funded with the County Infrastructure General Fund Reserve. The requested administrative actions have minimal financial impact on the Department of Public Works-Transportation (DPW-T). Sufficient revenue and appropriation for the TCEs are included in DPW-T’s 2025-26 Road Operations budget (6650002000 H15030). The total cost to acquire the TCEs shall not exceed $2,200, which includes just compensation ($1,859) and an approximate 15% contingency amount for potential administrative settlements ($341), up to 10% above the approved fair market value. In addition, the County’s Real Estate Services Department (RESD) labor costs are estimated at $30,000 and shall be paid by DPW-T’s Road Operations budget (6650002000).
BACKGROUND INFORMATION
This Project involves installing and updating existing Americans with Disabilities Act (ADA) ramps and removing trees. Additionally, this Project includes the consideration of temporary construction easements at various locations.
In support of this effort, DPW-T has requested assistance from RESD for the valuation and acquisition of the easements necessary to implement the Project. The easement interests in the portions of land to be acquired for the Project are described as follows, with the names of the property owner(s) on file with RESD:
|
Parcel ID |
APN |
Acquired Type |
Acquired ID |
TCE Acquired Area (Square Feet) |
|
1 |
0273-083-04-0000 |
TCE |
TCE-1 |
151.14 |
|
2 |
0273-081-16-0000 |
TCE |
TCE-2 |
206.90 |
|
|
|
|
Total |
358.04 |
RESD reviewed the Project with DPW-T and initiated the valuation of the TCE interests under 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, for the acquisition of property rights for a public project.
The waiver valuations, which is a permitted administrative valuation process for low value/non-complex acquisitions, established the amounts of just compensation to be paid to the two private property owners for the TCE’s necessary to complete the Project. Waiver Valuation Nos. 25-79 and 25-80, copies of which are on file with RESD, were professionally prepared and approved by qualified RESD staff. RESD recommends that the waiver valuations be approved and that written offers be made to the impacted property owners.
Approval of this item by the Board of Supervisors (Board) will authorize the County’s acquisition of the TCEs, approve a form of Acquisition Agreement to acquire the necessary property interests for the Project, and delegate authority to the Director of RESD to execute the Acquisition Agreements with the two property owners to acquire the TCEs, for a total cost not to exceed $2,200 which includes the just compensation and an approximate 15% contingency amount. Just compensation, in right-of-way acquisition projects, refers to the fair market value that must be paid to a property owner when their property is acquired for public use. The Director of RESD will also be authorized to execute any other non-substantive documents necessary to complete these transactions, subject to County Counsel’s review. In addition, the Director of RESD will accept the TCEs executed by the property owners pursuant to the authority granted by the Board on March 27, 2012 (Item No. 75).
RESD is requesting the use of a template and delegation of authority to the Director of RESD 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 to meet Project deadlines.
Pursuant to County Policy 11-15 and Title 14, California Code of Regulations, section 15025, the Assistant Executive Officer (AEO) reviewed the North San Bernardino Area ADA Ramps Project in the San Bernardino area for compliance with the California Environmental Quality Act (CEQA).
On June 17, 2025, the AEO determined that the Project is exempt from CEQA under the CEQA Guidelines, Title 14, California Code of Regulations, sections 15301(c) (Class 1 - Existing Facilities) and 15302(c) (Class 2 - Replacement or Reconstruction). The AEO approved the Project as described in the Notice of Exemption and directed DPW-T to file and post the Notice of Exemption in accordance with CEQA. Accordingly, no further action is required under CEQA.
PROCUREMENT
RESD can make offers and acquire the necessary 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 for property acquisitions related to public projects.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on January 28, 2026; Public Works (Noel Castillo, Director, 387-7916) on January 14, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on January 7, 2026; and County Finance and Administration (Eduardo Mora, 387-5285, and Kathleen Gonzalez, 387-5412, Administrative Analysts) on February 6, 2026.
(BF: 361-8976)