San Bernardino header
File #: 11306   
Type: Consent Status: Passed
File created: 12/6/2024 Department: San Bernardino County Fire Protection District
On agenda: 12/17/2024 Final action: 12/17/2024
Subject: Real Property Donation in the Unincorporated Area of San Bernardino County
Attachments: 1. CON-SBCFPD-RESD-121724-Accept Real Property Donation Near Rosena Ranch, 2. COV-SBCFPD-RESD-121724-Accept Real Property Donation Near Rosena Ranch, 3. Item #98 Executed BAI, 4. 24-1277 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS

OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

AND RECORD OF ACTION

 

December 17, 2024

 

FROM

DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District 

TERRY W. THOMPSON, Director, Real Estate Services Department

         

SUBJECT                      

Title                     

Real Property Donation in the Unincorporated Area of San Bernardino County

End

 

RECOMMENDATION(S)

Recommendation

Acting as the governing body of the San Bernardino County Fire Protection District:

1.                     Find that acceptance of real property, consisting of approximately 3.72 acres of vacant land, located in the unincorporated area of San Bernardino County (portion of Assessor’s Parcel Number 0239-054-15-0000) near the Rosena Ranch community, donated by Gerald Nelson Pharris and Lynn Terese Koleto Pharris, as Trustees of the Gerald Nelson Pharris and Lynn Terese Koleto Pharris 1988 Family Declaration of Trust dated November 7, 1988; Ronald W. Pharris and Nancy Rodgers Pharris, as Trustees of the Ronald W. Pharris and Nancy Rodgers Pharris 1988 Family Declaration of Trust dated December 19, 1988; and Patrica Ann Pharris, as Trustee of the Chlell Lawrence Pharris Jr., and Patricia Ann Pharris 1988 Family Declaration of Trust dated December 29, 1988, is not a project under the California Environmental Quality Act or, alternatively, that the acquisition is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15004, subdivision (b)(2)(A) of Title 14 of the California Code of Regulations, and conditioning all future uses and development of the vacant land contingent upon compliance with the California Environmental Quality Act.

2.                     Authorize the acceptance of real property, consisting of approximately 3.72 acres of vacant land, located in the unincorporated area of San Bernardino County (portion of Assessor’s Parcel Number 0239-054-15-0000) near the Rosena Ranch community, donated by Gerald Nelson Pharris and Lynn Terese Koleto Pharris, as Trustees of the Gerald Nelson Pharris and Lynn Terese Koleto Pharris 1988 Family Declaration of Trust dated November 7, 1988; Ronald W. Pharris and Nancy Rodgers Pharris, as Trustees of the Ronald W. Pharris and Nancy Rodgers Pharris 1988 Family Declaration of Trust dated December 19, 1988; and Patrica Ann Pharris, as Trustee of the Chlell Lawrence Pharris Jr., and Patricia Ann Pharris 1988 Family Declaration of Trust dated December 29, 1988, at a total cost not to exceed $8,800 for a title insurance policy in accordance with Health and Safety Code Section 13861(b), Government Code Section 25355, and County Policy 06-01.

3.                     Approve the Real Property Donation Agreement with Gerald Nelson Pharris and Lynn Terese Koleto Pharris, as Trustees of the Gerald Nelson Pharris and Lynn Terese Koleto Pharris 1988 Family Declaration of Trust dated November 7, 1988; Ronald W. Pharris and Nancy Rodgers Pharris, as Trustees of the Ronald W. Pharris and Nancy Rodgers Pharris 1988 Family Declaration of Trust dated December 19, 1988; and Patrica Ann Pharris, as Trustee of the Chlell Lawrence Pharris Jr., and Patricia Ann Pharris 1988 Family Declaration of Trust dated December 29, 1988 for acceptance of real property, consisting of approximately 3.72 acres of vacant land, located in the unincorporated area of San Bernardino County (portion of Assessor’s Parcel Number 0239-054-15-0000) near the Rosena Ranch community.

4.                     Authorize the Director of the Real Estate Services Department to execute the acceptance certificate for the grant deed conveying the donated real property identified in Recommendation No. 2 and to execute any other non-substantive documents necessary to complete this transaction, subject to County Counsel review.

5.                     Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.

(Presenter: Terry W. Thompson, Director, 387-5000)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Improve County Government Operations.

Ensure Development of a Well-Planned, Balanced, and Sustainable County.

Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.

Provide for the Safety, Health, and Social Services Needs of County Residents.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost).  The cost associated with the acceptance of the donated real property, consisting of approximately 3.72 acres of vacant land, located in the unincorporated area of San Bernardino County [portion of Assessor’s Parcel Number (APN) 0239-054-15-0000] near the Rosena Ranch community (Property) is approximately $8,800 for a title insurance policy which will be obtained and paid by San Bernardino County Fire Protection District (SBCFPD).

 

BACKGROUND INFORMATION

SBCFPD operates Fire Station 2, which provides fire, emergency medical responses, and rescue services for the communities of Devore and Rosena Ranch.  Due to increased development and planned growth in the area, SBCFPD would like to build a new fire station to cover the Rosena Ranch area’s projected growth to better serve the community.

 

SBCFPD requested that the Real Estate Services Department (RESD) search for available properties for consideration as a replacement site.  During this process, Gerald Nelson Pharris and Lynn Terese Koleto Pharris, as Trustees of the Gerald Nelson Pharris and Lynn Terese Koleto Pharris 1988 Family Declaration of Trust dated November 7, 1988; Ronald W. Pharris and Nancy Rodgers Pharris, as Trustees of the Ronald W. Pharris and Nancy Rodgers Pharris 1988 Family Declaration of Trust dated December 19, 1988; and Patrica Ann Pharris, as Trustee of the Chlell Lawrence Pharris Jr., and Patricia Ann Pharris 1988 Family Declaration of Trust dated December 29, 1988 (collectively Donors), advised that  they wanted to donate the Property to SBCFPD.

 

In January 2023, the Donors provided an appraisal to RESD, which they solely procured, concluding that the market value of the Property was $7,580,000.  Subsequently, in July 2024, a follow up appraisal was provided, which concluded the value to be $8,210,000, based on increasing market trends.  However, the Property will be donated at no cost to SBCFPD.  A title insurance policy for the Property at a total cost not to exceed $8,800 will be obtained by SBCFPD at its sole cost.  County Policy 06-01, Gifts and Donations Granted to County (Policy 06-01) requires that any donations that exceed $10,000 be approved by the Board of Directors, (Board).   Neither SBCFPD, nor RESD makes no representations as to the sufficiency or quality of the Donors’ appraisal, but merely relies on the appraisal to confirm the conveyance exceeds the threshold dollar amount in Policy 06-01.  Approval of this item will authorize the acceptance of the Property.

 

SBCFPD staff has identified the Property as a preferred site for the relocation of a fire station.  However, the acquisition of the Property shall not constitute a commitment to a fire station or any public project as a whole or to any particular features.  Recommendation No. 1 conditions all future uses and/or development of the Property upon compliance with the California Environmental Quality Act (CEQA), which will be conducted for the development of the Property at such time as there is a development proposal for the Property.  As a result, the acceptance of the donated Property is not a project as defined by CEQA because there are no specific development plans in existence for the future use and development of a fire station or other public project at the Property that would allow environmental review to be meaningful at this time, or alternatively, the acquisition of the Property is exempt from CEQA pursuant to Section 15004, subdivision (b)(2)(A) of the CEQA Guidelines (Title 14 of the California Code of Regulations), because the acquisition is for the Property to be a preferred site for consideration for a potential future use and development, if any, of a fire station, subject to CEQA compliance. 

 

Approval of this item will also authorize the Director of RESD to accept the grant deed and execute any other non-substantive documents necessary to complete this transaction on behalf of SBCFPD, subject to County Counsel review.  The Director of RESD will not be authorized to execute any documents that would bind SBCFPD to any actions beyond the acceptance of the donated Property.

 

PROCUREMENT

SBCFPD may accept donation of the Property pursuant to Health and Safety Code Section 13861(b), Government Code Section 25355, and County Policy 06-01. 

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Agnes Cheng and Richard Luczak, Deputies County Counsel, 387-5455) on December 12, 2024; San Bernardino County Fire Protection District (Bertral Washington, Deputy Chief, 387-5779) on November 26, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on September 20, 2024; Finance (Ivan Ramirez, 387-4020, and Penelope Chang, 387-4886, Administrative Analysts) on November 26, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on November 27, 2024.

 

(NA  501-6726)