REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
July 23, 2024
FROM
MARK WARDLAW, Director, Land Use Services Department
SUBJECT
Title
Review Delegation of Authority Regarding Subdivision Improvement Agreements and Securities
End
RECOMMENDATION(S)
Recommendation
1. Review (as required by subsections 87.07.040(h) of the San Bernardino County Code) the delegation of authority provided to the Chief Executive Officer under subsections 87.07.040(a) and (f) of the San Bernardino County Code related to subdivision improvement agreements and exoneration of improvement securities.
2. Approve the continuation of the delegation of authority provided to the Chief Executive Officer under subsections 87.07.040(a) and (f) of the San Bernardino County Code.
(Presenter: Mark Wardlaw, Director, 387-4431)
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COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not impact Discretionary General Funding (Net County Cost). The delegation of authority provided to the Chief Executive Officer (CEO) will not result in financial liabilities to County residents and will support efficient development by increasing the expediency of the financial security process.
BACKGROUND INFORMATION
California Government Code section 66462, subsection (d) and San Bernardino County Code (County Code) section 87.07.040, subsection (h) require the periodic review of the delegation of authority provided to the CEO related to subdivision improvement agreements and securities.
Title 8 of the County Code regulates development including the subdivision of land in the unincorporated portions of San Bernardino County (County). Subsection 87.07.040 (a) of the County Code provides that, if all required improvements and inspections are not completed before a subdivision map is approved, the owner of the subdivision must enter into an improvement agreement with the County, whereby in consideration of the approval of the final map the owner agrees to furnish the necessary equipment, labor, and material necessary to complete the required work and post securities in an amount to guarantee the performance of the improvement agreement. The improvement agreement and securities are approved and accepted by the Board of Supervisors (Board). The initial term of the improvement agreement is two years and may be extended by the County. The provisions that authorize a release of the security upon completion of the work are found in subsection 87.07.040(f) of the County Code.
Originally, only the Board could approve extensions to improvement agreements, as well as release the securities upon completion of work. However, on April 22, 2014 (Item No. 70), the Board adopted Ordinance No. 4243 which delegated authority to the CEO to: 1) extend the term of improvement agreements that do not require additional securities; 2) release the security upon the satisfaction of the terms of the County Development Code and the agreements; and 3) accept completed work (Subsections 87.07.040(a) and (f) of the County Code.)
Subsection 87.07.040(h) of the County Code provides that the Board shall review the above-described delegation of authority provided to the CEO at least once by June 30, 2016, and at least once every two years thereafter. This section was included to address Government Code section 66462, subsection (d), which provides that any ordinance adopted pursuant to this subdivision shall provide that the legislative body shall periodically review the delegation of authority.
On June 28, 2016 (Item No. 33), September 11, 2018 (Item No. 32), August 11, 2020 (Item No. 26), and July 12, 2022 (Item No. 18), the Board reviewed and continued the delegation of authority provided to the CEO under subsections 87.07.040(a) and (f) of the County Code that relates to subdivision improvement agreements and exoneration of securities. This is the fifth time the Board has reviewed the above-described delegation of authority.
To assist in this review, the Land Use Services Department has included a document that lists all subdivision improvement agreements and security activities approved by the CEO since adoption of Ordinance No. 4243.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, 387-5455) on June 10, 2024; Finance (Penelope Chang, Administrative Analyst, 387-4886) on June 24, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on July 2, 2024.