REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
October 21, 2025
FROM
NOEL CASTILLO, Chief Flood Control Engineer, Flood Control District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
License Agreement with San Bernardino County Transportation Authority for a Cut-Off Wall in the City of San Bernardino
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District:
1. Find that the approval of a License Agreement with the San Bernardino County Transportation Authority for the use of approximately 5,490 square feet of property, for the installation and maintenance of a cut-off wall along the south right-of-way line in portions of Assessor’s Parcel Numbers 0142-132-03-0000 and 0142-802-02-0000, for the San Bernardino County Flood Control District, is an exempt project under the California Environmental Quality Act, Guidelines Section 15311 (accessory structures) and Section 15303(e) (new construction or conversion of small structures).
2. Approve a License Agreement with the San Bernardino County Transportation Authority for the use of approximately 5,490 square feet of property, for the installation and maintenance of a cut-off wall along the south right-of-way line in portions of Assessor’s Parcel Numbers 0142-132-03-0000 and 0142-802-02-0000 for the San Bernardino County Flood Control District, for a month-to-month term, commencing upon execution by all parties, with an annual administration fee of $1,500.
3. 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
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The License Agreement with the San Bernardino County Transportation Authority (SBCTA) will result in an annual administration fee of $1,500, which will be payable annually in advance by the San Bernardino County Flood Control District (FCD). The fee will be funded with property tax revenue. Sufficient appropriation and revenue have been included in FCD’s 2025-26 budget (1920002522) and will be included in future recommended budgets.
All costs associated with the installation and maintenance of the cut-off wall (Project) will be borne solely by FCD. Upon termination of the License Agreement, FCD will be responsible for the removal of the improvements and restoring the property to its original condition.
BACKGROUND INFORMATION
FCD is requesting approval of a License Agreement with the SBCTA to allow for the construction, maintenance, and access for repairs of the Project. The Project, located at Meridian Avenue and the SBCTA railroad tracts within portions of Assessor’s Parcel Numbers (APN’s) 0142-132-03-0000 and 0142-802-02-0000, involves the installation of a cut-off wall, minor grading, and seepage repair to address potential flooding concerns.
The Project is the result of a Settlement Agreement between property owner Diana Richardson, and County Case No. CIVSB2133067, where it was determined that the construction of the Project is necessary to mitigate flooding risks. The Project will create a barrier that prevents the movement of water or soil in and out of the ground. The License Agreement provides FCD with the authority to build and maintain the Project on SBCTA property, as well as access for future maintenance activities.
In compliance with the California Environmental Quality Act (CEQA), FCD’s Environmental Management Division staff reviewed the project and determined it qualifies for a Class 11 Categorical Exemption under Section 15311 of the CEQA Guidelines, which applies to accessory structures, including the construction of minor structures. Additionally, it qualifies for a Class 3 Categorical Exemption under Section 15303(e), which includes new construction or conversion of small accessory structures.
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Summary of License Terms |
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Licensor: |
San Bernardino County Transportation Authority |
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Location: |
APN’s 0142-132-03-0000 and 0142-802-02-0000 |
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Size: |
Approximately 5,490 square feet |
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Term: |
Month to month, commencing upon execution of the agreement by all parties |
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Options: |
None |
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Annual administration Fee: |
$1,500 |
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Maintenance: |
Provided by the District |
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Insurance: |
The Certificate of Liability Insurance as required by the License will be obtained by the Real Estate Services Department prior to occupancy |
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Right to Terminate: |
Either party has the right to terminate with 90-days’ notice |
PROCUREMENT
FCD may enter into the License Agreement with the SBCTA for the use of approximately 5,490 square feet of property, for the Project in accordance with Water Code Appendix Section 43-6 and County Policy 12-17.
FCD anticipates presenting the Project specifications, as well as a recommendation to advertise for formal bids, to the County Administrative Office for consideration in the fall of 2025 in accordance with the County Policy 11-15.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, and Sophie A. Curtis, Deputies County Counsel, 387-5455) on September 16, 2025; Flood Control District (Noel Castillo, Director, 387-7906) on September 3, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on September 5, 2025; and County Finance and Administration (Kathleen Gonzalez, 387-5412, and Eduardo Mora, 387-4376, Administrative Analysts) on October 3, 2025.
(JAG: 677-8210)