REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
May 6, 2025
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Conveyance of Easement to Southern California Edison Company in San Bernardino
End
RECOMMENDATION(S)
Recommendation
1. Find that approval of a conveyance of a non-exclusive easement to Southern California Edison Company is an exempt project under California Environmental Quality Act Guidelines, Section 15061(b)(3) (Common Sense Exemption).
2. Adopt Resolution declaring that the conveyance of a non-exclusive easement, totaling approximately 1,580 square feet, over portions of County-owned real property, located at 780 E. Gilbert Street in the City of San Bernardino (portions of Assessor’s Parcel Number 0147-081-07-0000), to Southern California Edison Company for electrical utilities is in the public interest, declaring that the interest conveyed will not substantially conflict nor interfere with the use of the property by the County, and authorizing the conveyance by Grant of Easement in accordance with Government Code Section 25526.6, at no cost.
3. Authorize the Chair of the Board of Supervisors to execute a Grant of Easement to convey the easement referenced in Recommendation No. 2 to Southern California Edison Company.
4. Authorize the Director of the Real Estate Services Department to execute any non-binding documents necessary to complete this transaction, subject to County Counsel review.
5. 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
Operate in a Fiscally-Responsible and Business-Like Manner.
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). An easement will be granted by the County to the Southern California Edison Company (Edison) pursuant to Government Code Section 25526.6. Edison will be responsible, at its own cost, for the installation, operation, and maintenance of Edison’s improvements therein.
BACKGROUND INFORMATION
On October 22, 2024 (Item No. 46), the Board of Supervisors (Board) approved License Agreement 24-985 (Agreement) with APC Towers, LLC (Lessee) for the use of approximately 816 square feet of County-owned unimproved land, located at 780 E. Gilbert Street, in the City of San Bernardino, portion of Assessor’s Parcel Number 0147-081-07-0000 (Property) for a term that is currently scheduled to expire on October 31, 2029. Thereafter, the Lessee has four five-year options to extend the term. The Lessee intends to construct and operate a cellular communication tower at the Property. The proposed tower would increase cellular service in San Bernardino and surrounding communities.
The Lessee will require electrical service from Edison to operate the new communication tower, however, electrical service is currently not available on-site. Edison requested an easement at the Property from the County to install electrical equipment consisting of poles, guy wires and anchors, crossarms, wires, and other appurtenant fixtures and equipment. Conveyance of the easement will allow Edison to provide the necessary electrical service to Lessee’s communication tower.
The Real Estate Services Department (RESD) reviewed the request for the easement and determined that the conveyance of the easement is in the public’s interest and the easement conveyed will not substantially conflict nor interfere with the County’s use of the Property even though the easement would remain in existence after any expiration or termination of the Agreement.
Additionally, this item will authorize the RESD Director to execute any non-substantive documents necessary to complete this transaction, subject to County Counsel review. The Director of RESD 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 conveyance of the non-exclusive easement was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt from further environmental review in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility that the grant of easement may have a significant effect on the environment. The County will have fulfilled the obligations under CEQA for the conveyance with the posting of the Notice of Exemption by RESD.
PROCUREMENT
The County can convey the easement to Edison in accordance with Section 25526.6 of the Government Code.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, 387-5455) on April 14, 2025; Purchasing (Dylan Newton, Buyer III, 387-3377) on March 25, 2025; Finance (Eduardo Mora, 387-4376, Administrative Analysts) on April 18, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on April 21, 2025.
(NA: 501-6726)