REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 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 Del Rosa Drive Sidewalk Project
End
RECOMMENDATION(S)
Recommendation
1. Approve Waiver Valuation Nos. 26-01 through 26-11, copies of which are on file with the Real Estate Services Department.
2. Authorize the acquisition of 11 temporary construction easements from 11 property owners over portions of certain real properties, totaling approximately 3,862 square feet, for the Del Rosa Drive Sidewalk Project in an unincorporated area of San Bernardino, commencing on August 1, 2026, and expiring on the earlier of project completion or July 31, 2028, at a total cost not to exceed $10,307, which includes just compensation and an approximate 10% contingency amount of $937.
3. Approve the form of Acquisition Agreement to acquire 11 temporary construction easements from 11 property owners over portions of certain real properties, totaling approximately 3,862 square feet, for the Del Rosa Drive Sidewalk 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 10% 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 $10,307, which includes just compensation and an approximate 10% contingency amount of $937.
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.
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 11 temporary construction easements (TCEs) for the Del Rosa Drive Sidewalk Project (Project) will be funded with Gas Tax revenue and federal Carbon Reduction Program (CRP) funds. 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 H15284). The total cost to acquire the TCEs shall not exceed $10,307, which includes just compensation of $9,370 and an approximate 10% contingency amount for potential administrative settlements of $937, up to 10% above the approved fair market value. In addition Real Estate Services Department (RESD) labor costs are estimated at $40,000 and shall be paid by DPW-T’s Road Operations budget (6650002000).
BACKGROUND INFORMATION
The Project involves the installation of a new concrete sidewalk, curb, gutter, and driveway approaches, and the installation of and reconstruction of curb ramps, in accordance with current design standards and pursuant to the Americans with Disabilities Act (ADA), along the west side of Del Rosa Drive, between Pacific Street and 0.06 miles north of Del Rosa Avenue, in the unincorporated area of San Bernardino.
Updating of existing ADA-compliant curb ramps or installation of new ADA-compliant curb ramps in the Project area are required under the federal “2013 Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing” guidelines. 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 |
TCE Acquired Area (Square Feet) |
|
TCE-1 |
0273-063-09-0000 |
TCE |
102 |
|
TCE-2 |
0273-063-08-0000 |
TCE |
308 |
|
TCE-3 |
0273-323-10-0000 |
TCE |
426 |
|
TCE-4 |
0273-321-29-0000 |
TCE |
195 |
|
TCE-5 |
0273-321-30-0000 |
TCE |
176 |
|
TCE-6 |
0273-321-31-0000 |
TCE |
123 |
|
TCE-7 |
0273-321-32-0000 |
TCE |
294 |
|
TCE-8 |
0273-321-33-0000 |
TCE |
204 |
|
TCE-9 |
0273-321-34-0000 |
TCE |
300 |
|
TCE-10 |
0273-321-35-0000 |
TCE |
192 |
|
TCE-11 |
0273-321-39-0000 |
TCE |
1,542 |
|
|
|
Total |
3,862 |
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.
Waiver Valuation Nos. 26-01 through 26-11, copies of which are on file with RESD, were professionally prepared and approved by qualified RESD staff. The waiver valuations, which are a permitted administrative valuation process for low value/non-complex acquisitions, established the amounts of just compensation to be paid to the 11 private property owners for the TCE’s necessary to complete the Project. 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 11 property owners to acquire the TCEs, for a total cost not to exceed $10,307, which includes the just compensation and an approximate 10% contingency amount. The TCE’s will be for a 2 year term commencing on August 1, 2026, and expiring on the earlier of project completion or July 31, 2028. 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 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 to meet Project deadlines.
On November 24, 2025, the Assistant Executive Officer (AEO) approved the Project and determined it to be exempt in accordance with the California Environmental Quality Act (CEQA) Guidelines. DPW-T 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 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 (Aaron Gest, Deputy County Counsel, 387-5455) on February 12, 2026; Public Works (Noel Castillo, Director, 387-7916) on February 2, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on February 2, 2026; and County Finance and Administration (Eduardo Mora, 387-5285, and Kathleen Gonzalez, 387-5412, Administrative Analysts) on March 9, 2026.
(BF: 361-8976)