REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 14, 2023
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BRENDON BIGGS, Director, Department of Public Works - Solid Waste Management
SUBJECT
Title
Conveyance of Easement and Temporary Right of Entry to Southern California Gas Company Over Certain Portions of the County-Owned Property at the Mid-Valley Sanitary Landfill in the City of Rialto
End
RECOMMENDATION(S)
Recommendation
1. 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.
2. Adopt a Resolution declaring the conveyance of an Exclusive and Non-Exclusive Easement totaling approximately 14,952 square feet (comprised of approximately 6,952 square feet as non-exclusive and approximately 8,000 square feet as exclusive) and a Temporary Right of Entry totaling 8,000 square feet, over portions of Assessor’s Parcel Number 1119-231-04, located within the Mid-Valley Sanitary Landfill in the City of Rialto, to the Southern California Gas Company for gas collection purposes is in the public interest, the interests conveyed will not substantially conflict or interfere with the use of the property by San Bernardino County, and authorizing the conveyance by Grant of Easement and Temporary Right of Entry in accordance with Government Code Section 25526.6 at no cost.
3. Authorize the Chair of the Board of Supervisors to execute the Grant of Easement and Temporary Right of Entry Agreement and to convey said interests to the Southern California Gas Company.
4. Authorize the Director of the Real Estate Services Department to execute any other documents necessary to complete this transaction, 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.
Ensure the Development of a Well-Planned, Balanced, and Sustainable County.
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). The interests are granted to the Southern California Gas Company (SoCalGas) at no cost pursuant to Government Code Section 25526.6 due to San Bernardino County’s (County) regulatory agency requirement for landfill gas collection and mitigation. SoCalGas will be responsible for the maintenance of the easement areas and the construction, operation, and maintenance of SoCalGas’ improvements thereon.
BACKGROUND INFORMATION
The Department of Public Works - Solid Waste Management Division (SWMD) operates the Mid-Valley Sanitary Landfill (MVSL), northwest of the intersection of Alder Avenue and State Route 210 in the City of Rialto. The site occupies approximately 499 acres, of which 408 acres are permitted for waste disposal.
The conveyance of an Exclusive and Non-exclusive Easement (Easement) totaling approximately 14,952 square feet (comprised of approximately 6,952 square feet as non-exclusive and approximately 8,000 square feet as exclusive) and a Temporary Right of Entry totaling 8,000 square feet over portions of Assessor’s Parcel Number 1119-231-04, located within the MVSL in the City of Rialto, will support the County’s regulatory agency-required landfill gas collection and mitigation.
Instead of burning the collected landfill gas (current method), SWMD, which operates the MVSL, will sell the collected landfill gas to Biofuels San Bernardino Biogas, LLC, who will process it and then deliver it to SoCalGas for distribution to the market. Contract Nos. 19-649, 19-650 and 19-651 with Biofuels San Bernardino Biogas, LLC were approved by the Board of Supervisors on September 24, 2019 (Item No. 31) and amended on June 28, 2022 (Item No. 69). The Easement is needed to provide a space for SoCalGas to house its interconnect infrastructure. The Temporary Right of Entry is needed for laydown workspace during construction and has a term of 24 months commencing upon execution.
The Real Estate Services Department (RESD) reviewed SoCalGas’ request for the Easement and Temporary Right of Entry and determined they are in the public interest, serve a County purpose to comply with regulatory agencies, and do not substantially conflict nor interfere with the operation of the MVSL. The Easement and Temporary Right of Entry will be conveyed to SoCalGas at no cost pursuant to Government Code section 25526.6.
Additionally, this item will authorize the RESD Director to execute other documents necessary to complete this transaction, subject to County Counsel review. The RESD Director will not be authorized to execute any documents that would bind the County to any actions not contemplated by, or arising from, the transaction which is the subject of these recommendations.
The transaction was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be categorically exempt from further environmental review under Title 14 of the California Code of Regulations (CEQA Guidelines), sections 15312 (Surplus Government Property Sales) and 15061(b) (Common Sense Exemption) of the CEQA Guidelines. The subject parcels are surplus government property that are not located in an area of statewide, regional, or area-wide concern as identified in Section 15206(b)(4) of the CEQA Guidelines. Also, pursuant to section 15061(b) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the real property interest sale may have a significant effect on the environment. The County will have fulfilled its obligation under CEQA for this property with the posting of the Notice of Exemption by the Clerk of the Board of Supervisors.
PROCUREMENT
The County can convey the easement interests to SoCalGas in accordance with Section 25526.6 of the Government Code.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs, Deputy County Counsel, and Maria Insixiengmay, Deputy County Counsel, 387-5455) on January 30, 2023; Department of Public Works - Solid Waste (Brendon Biggs, Director, 386-8706) on January 27, 2023; Finance (Carl Lofton, Administrative Analyst, 387-5404, and Penelope Chang, Administrative Analyst, 387-5423) on February 21, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on February 23, 2023.
(BF: 361-8976)