REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 9, 2022
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BRENDON BIGGS, Director, Department of Public Works - Transportation
SUBJECT
Title
Appraisal and Acquisition of Permanent and Temporary Construction Easements for the Bloomington Avenue Pavement and Storm Drain Improvement Project in the Unincorporated Area of Bloomington
End
RECOMMENDATION(S)
Recommendation
1. Approve Appraisal Nos. 22-36 through 22-45, copies of which are on file with the Real Estate Services Department.
2. Authorize the acquisition of one permanent roadway easement and 10 temporary construction easements for six months, from November 1, 2022 to April 30, 2023, with one six month option to extend for each temporary construction easement, collectively on portions of 10 parcels, from 10 property ownership groups for the Bloomington Avenue Pavement and Storm Drain Improvement Project in the unincorporated area of Bloomington.
3. Approve the Acquisition Agreement Template for the easement interests with the 10 property ownership groups.
4. Authorize the Director of the Real Estate Services Department to:
a. Complete and execute Acquisition Agreements, which will conform to the approved Acquisition Agreement Template, for the easement interests with the 10 property ownership groups, for a not to exceed amount of $23,000, which includes the appraised just compensation and a 10% contingency amount, plus $500 per property for an option to extend the temporary construction easements by an additional six months, and accept the acquisition of one permanent roadway easement and 10 temporary construction easements.
b. Approve and 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 Department of Public Works, Transportation Division (DPW-T) is funded by Gas Tax revenues, fee revenue, and other state and local funding. The Bloomington Avenue Pavement and Storm Drain Improvement Project (Project) is funded with Gas Tax and San Bernardino Valley Measure I revenue. The total cost to acquire one permanent easement and 10 temporary construction easements (TCEs) is estimated to be $16,300 plus an approximate 10% contingency amount for potential administrative settlements, and an additional $500 per property for an option to extend the TCEs by an additional six months, for a potential aggregate cost not to exceed $23,000 (rounded). Sufficient appropriation and revenue are included in the DPW-T’s 2022-23 Road Operations budget (6650002000 14H15195).
BACKGROUND INFORMATION
Approval of this item will authorize the acquisition of a permanent roadway easement and TCEs on portions of 10 parcels (Assessor Parcel Numbers (APNs) identified in the table below), located in the unincorporated Bloomington area for the Project, which involves pavement reconstruction; roadway reprofiling; replacement of the existing catch basin; construction of new catch basins; replacement of approximately 800 feet of existing storm drain; construction of new curb, gutter, sidewalk and driveway approaches; construction of new and upgrade of existing curb ramps to meet current Americans with Disabilities Act guidelines; and signing and striping improvements.
DPW-T requires one permanent roadway easement totaling five square feet and 10 TCEs totaling 2,987 square feet across 10 properties to complete the Project. DPW-T has requested assistance from the Real Estate Services Department (RESD) in the appraisal and acquisition of right of way required for the Project.
The portions of land to be acquired from the parcels are described as follows:
|
Property Owner/Last Name |
Exhibit No. and Type of Easement |
APN |
Total Area to be Acquired (sq. ft.) |
|
Herrera |
E-1 (Permanent) & TCE-1 (Temporary) |
0253-081-10 |
5 222 |
|
Sepulveda |
TCE-2 (Temporary) |
0253-081-11 |
117 |
|
Hurtado |
TCE-3 (Temporary) |
0253-081-13 |
104 |
|
Benavides |
TCE-4 (Temporary) |
0253-081-14 |
111 |
|
Madriz |
TCE-5 (Temporary) |
0253-082-02 |
475 |
|
Suarez |
TCE-6 (Temporary) |
0253-082-03 |
180 |
|
Aguilar |
TCE-7 (Temporary) |
0253-082-04 |
525 |
|
Garcia |
TCE-8 (Temporary) |
0253-082-05 |
375 |
|
Lopez |
TCE-9 (Temporary) |
0253-082-19 |
383 |
|
Garcia |
TCE-10 (Temporary) |
0253-082-08 |
495 |
RESD reviewed the Project with DPW-T and initiated the appraisal of the property 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 acquisition of property rights for a public project.
Appraisal Nos. 22-36 through 22-45, copies of which are on file with the RESD, were professionally reviewed and approved by qualified RESD staff. The appraisals establish the amounts of just compensation to be paid to the 10 property owners for the easement interests necessary to construct the Project. RESD recommends that the appraisals and just compensation amounts be approved, and that written offers be made to the impacted property owners.
Upon approval, the Director of RESD will complete and execute Acquisition Agreements for the easement interests with the 10 property ownership groups for a not to exceed amount of $23,000, which includes the appraised just compensation and an approximate 10% contingency amount, plus $500 per property for an option to extend the TCEs by an additional six months. In addition, the Director of RESD will accept the acquisition of one permanent roadway easement and 10 TCEs. 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 January 25, 2022 (Item No. 39), the Board of Supervisors (Board) approved the Project and considered a categorical exemption 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.
PROCUREMENT
RESD can make offers and acquire the necessary right of way 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 (Scott Runyan, Principal Assistant County Counsel, and Aaron Gest, Deputy County Counsel, 387-5455) on July 18, 2022; Public Works (Mervat Mikhail, Interim Deputy Director, 387-7916) on June 29, 2022; Purchasing (Bruce Cole, Supervising Buyer, 387-2148) on June 22, 2022; Finance (Carl Lofton, Administrative Analyst, 387-5404) on July 22, 2022; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on July 23, 2022.
(BF: 361-8976)