REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
September 23, 2025
FROM
NOEL CASTILLO, Chief Flood Control Engineer, Flood Control District
SUBJECT
Title
Memorandum of Understanding with the City of San Bernardino for Enforcement of San Bernardino County Flood Control District Trespass and Parking Ordinances
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District, approve Memorandum of Understanding with the City of San Bernardino, to designate City of San Bernardino police and code enforcement officers to act as ex officio officers of the San Bernardino County Flood Control District to enforce San Bernardino County Flood Control District parking and trespass Ordinance Nos. FCD 12-03 and FCD 22-02 on San Bernardino County Flood Control District property within the jurisdiction of the City of San Bernardino, for approximately five years, effective September 23, 2025, through August 31, 2030.
(Presenter: Byanka Velasco, Assistant Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
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 San Bernardino County Flood Control District (District) is funded by property tax revenue, fee revenue, and other local, state, and federal funding. The action to approve this Memorandum of Understanding (MOU) has no financial impact as the District is designating City of San Bernardino (City) police and code enforcement officers as District ex officio officers in the enforcement of District Ordinance Nos. 12-03 and 22-02.
BACKGROUND INFORMATION
On December 18, 2012 (Item No. 102), the Board of Supervisors (Board) adopted Ordinance No. FCD 12-03, relating to the prohibition of parking on all District property and removal of vehicles parked in violation of the ordinance. On June 28, 2022 (Item No. 120), the Board adopted Ordinance No. FCD 22-02 to repeal the original trespass Ordinance No. FCD 12-02 to provide clarification on the citing, charging, and filing of any criminal violations as either a misdemeanor or an infraction, at the discretion of the citing office and the prosecuting attorney, based on the facts and circumstance of each case. Like the original trespass Ordinance No. FCD 12-02, District Ordinance No. FCD 22-02 provides that it is unlawful to trespass on District property where access and entry is prohibited, whether or not the person doing so is an equestrian, pedestrian, or operator of a private vehicle, to protect and preserve District property, resources, and infrastructure.
Approval of this MOU designates City police and code enforcement officers as District ex officio officers to enforce Ordinance Nos. FCD 12-03 and 22-02, on real property owned or leased, and/or operated by the District and located within the incorporated, territorial limits of the City.
This MOU becomes effective upon full execution by the parties and expires on August 31, 2030, but may be terminated upon 30-day advance written notice from either party. The City approved the MOU and signed it on August 20, 2025.
This MOU aligns with the County and the Chief Executive Officer’s goals of improving County government operations, providing for the safety, health, and social service needs of county residents and pursuing County goals and objectives by working with other agencies.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A. Curtis, Deputy County Counsel, 387-5455) on September 10, 2025; and County Finance and Administration (Kathleen Gonzalez, Administrative Analyst, 387-5412) on September 6, 2025.