REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
May 24, 2022
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BRENDON BIGGS, Director, Department of Public Works - Solid Waste Management
SUBJECT
Title
Acquisition of State of California Department of Transportation Excess Land Along Casmalia Street at Mid-Valley Sanitary Landfill in the City of Rialto
End
RECOMMENDATION(S)
Recommendation
1. Approve the acquisition of approximately 1.05 acres of vacant property owned by the State of California Department of Transportation located along the north side of Casmalia Street within the fenced Mid-Valley Sanitary Landfill in the City of Rialto, from the State of California for the total purchase price of $3,700, including a $370 deposit equal to 10% of the purchase price, in accordance with Government Code section 23004.
2. Approve the Purchase and Sale Agreement between San Bernardino County and the State of California Department of Transportation to acquire the property described in Recommendation No. 1.
3. Authorize the Chairman of the Board of Supervisors to sign the Purchase and Sale Agreement between San Bernardino County and the State of California Department of Transportation to acquire the property described in Recommendation No. 1.
4. Confirm a finding of exemption and direct the Clerk of the Board of Supervisors to post a Notice of Exemption as required under the California Environmental Quality Act.
5. Authorize the Director of the Real Estate Services Department to execute any other documents necessary to complete this transaction, subject to review by County Counsel.
(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.
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) as the Department of Public Works - Solid Waste Management Division (SWMD) is financed by fee revenue. SWMD establishes fees that are charged to the public and other agencies for utilization of San Bernardino County’s (County) Waste Disposal System. The cost to acquire this real property in fee simple interest is $3,700. This cost includes a $370 deposit equal to 10% of the purchase price. Sufficient appropriation and revenue are included in the 2021-22 budgets for acquisition of the remaining fee rights in the property (6701604250).
BACKGROUND INFORMATION
Approval of this item will authorize the acquisition of a 1.05-acre portion of State of California Department of Transportation (Caltrans) excess fee-owned right-of-way (Property) that is already fenced and occupied by the County as part of the Mid-Valley Sanitary Landfill (Landfill) for a purchase price of $3,700, and, as part of the $3,700 purchase price, to make a 10% deposit to initiate the acquisition per Caltrans excess land procedures.
SWMD operates the Landfill, consisting of 498 acres, of which 408 acres are permitted for waste disposal, located along the north side of Casmalia Street in the City of Rialto. SWMD also operates an existing groundwater remediation, monitoring, and treatment facility, known as the Ground Water Treatment System (GWTS), constructed to mitigate volatile organic compound impacts to groundwater from the Landfill as required by the Santa Ana Region Regional Water Quality Control Board (RWQCB) Cleanup and Abatement Order No. 98-96 (CAO 98-96) and General Orders No. R8-2002-0033, as amended by R8-2003-0085 and R8-2013-0020. The GWTS originates on the Landfill and extends via various easements through Caltrans property and to private property located off-site and to the south.
The portion of the Property owned by Caltrans is inside the fence line at the Landfill, along the north side of Casmalia Street. It serves as a landscaping buffer and holds some GWTS infrastructure. SWMD requested assistance from the Real Estate Services Department (RESD) with contacting Caltrans to identify whether Caltrans would consider selling the remaining fee rights in the Property.
Caltrans has conducted an excess property review and concluded that the Property is surplus to its needs and initiated an appraisal of the rights to be sold and prepared an offer to sell per its internal procedures. RESD and SWMD have reviewed the valuation and contract, respectively, and agree to the valuation, purchase price, and contract terms. Caltrans procedures and contract terms require a 10% deposit by the acquiring agency to initiate the direct sale; otherwise, the Property will be offered as part of other excess land at a public auction to be held in the future.
The Caltrans Director’s Deed Grant includes the following covenant that runs with the land in accordance with Caltrans and United States Department of Transportation Title VI assurances and non-discrimination provisions:
A. The GRANTEE [County], for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: in the event facilities are constructed, maintained, or otherwise operated on the property described in this deed for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the GRANTEE will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. In the event of breach of any of the above Non-discrimination covenants, the STATE [Caltrans] will have the right to enter or re-enter the lands and facilities thereon, and the above-described lands and facilities will there upon revert to and vest in and become the absolute property of the STATE and its assigns.
The acquisition of this Property was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to fall within the General Rule exemption under Section 15061(b)(3) of the CEQA Guidelines. This section of the CEQA Guidelines applies when an action does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity (in this case, property acquisition) may have a significant effect on the environment.
PROCUREMENT
The County can acquire the Property pursuant to Government Code section 23004. There are no publication requirements associated with this Purchase due to the purchase price not being in excess of $50,000 (Government Code section 25350).
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott Runyan, Principal Assistant County Counsel, and Jolena Grider, Deputy County Counsel, 387-5455) on April 8, 2022; Department of Public Works Solid Waste (Darren Meeka, Deputy Director, 386-8706) on March 31, 2022; Purchasing Department (Bruce Cole, Supervising Buyer, 387-4128) on March 31, 2022; Finance (Carl Lofton, Administrative Analyst, 387-5404) on May 4, 2022; and County Finance and Administration (Diana Atkeson, Deputy Executive Officer, 387-4376) on May 4, 2022.
(BJO: 659-4676)