REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 22, 2026
FROM
MIGUEL FIGUEROA, Director, Land Use Services Department
SUBJECT
Title
Road and Drainage Improvements and Remaining Performance, Maintenance, and Labor and Material Securities for Tract Map No. 18402 Lytle Creek Levee Improvement Area
End
RECOMMENDATION(S)
Recommendation
1. Find that the road and drainage improvements for Tract Map No. 18402, related to the Lytle Creek Levee Improvement Area, are complete in accordance with Section 87.07.040, subdivision (f), of the San Bernardino County Code, authorizing the release of the remaining road and drainage performance, maintenance, and labor and material securities for Tract Map No. 18402.
2. Release the road and drainage performance security, including the 20 percent maintenance security for the 12-month maintenance period, in the amount of $2,099,800 (Surety), and the labor and material security in the amount of $5,249,500 (Surety) for Tract Map No. 18402, Lytle Creek Levee Improvement Area.
(Presenter: Miguel Figueroa, Director, 387-4691)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Foster Sustainable Development Through Strategic Partnerships.
FINANCIAL IMPACT
Approval of this action will not result in the use of Discretionary General Funding (net County cost). The original road and drainage performance security for Tract Map No. 18402, Lytle Creek Levee Improvement Area, in the amount of $10,499,000 (Surety), was partially reduced by 80 percent in 2009, leaving a remaining performance security amount of $2,099,800 (Surety). Approval of this action will accept the completed road and drainage improvements, determine that the 12-month maintenance period has been satisfied, and authorize the release of the remaining performance and labor and material securities. The road and drainage improvements were constructed by Lennar Homes of California, Inc. (Subdivider) at no direct cost to the County.
BACKGROUND INFORMATION
On January 8, 2008 (Item No. 20), the Board of Supervisors (Board) released original on-site and off-site road and drainage agreements and improvement securities and entered into new agreements and securities for the completion of Tract Map No. 15900. The road and drainage performance securities and labor and material securities necessary to complete the required improvements for Tract Map No. 15900 included the following:
|
Improvement Area |
Performance Securities |
Labor and Material Securities |
|
Clearwater Parkway |
$3,087,000 (Surety) |
$1,543,500 (Surety) |
|
Clearwater Parkway Storm Drain |
$1,298,000 (Surety) |
$649,000 (Surety) |
|
Glen Helen Parkway/Sierra Ave |
$5,538,000 (Surety) |
$2,769,000 (Surety) |
|
Glen Helen Parkway Storm Drain |
$4,337,000 (Surety) |
$2,168,500 (Surety) |
|
Lytle Creek Levee Improvement |
$10,499,000 (Surety) |
$5,249,500 (Surety) |
|
Rock Slope Protection |
$1,740,000 (Surety) |
$870,000 (Surety) |
|
Sycamore Creek Drive |
$7,506,000 (Surety) |
$3,753,000 (Surety) |
|
Sycamore Creek Drive Storm Drain |
$7,359,000 (Surety) |
$3,679,500 (Surety) |
On May 19, 2009 (Item No. 22), the Board approved the partial reduction of the Lytle Creek Levee Improvement Area road and drainage performance security from $10,499,000 (Surety) to $2,099,800 (Surety), in accordance with Government Code Section 66499.7.
|
Improvement Area |
Reduced Performance Amount |
Labor and Material Amount |
|
Lytle Creek Levee Improvement |
$2,099,800 (Surety) |
$5,249,500 (Surety) |
On July 13, 2010 (Item No. 54), in accordance with Government Code Section 66499.20.2, the Board approved the Final Map for Tract Map No. 18402, a partial re-subdivision of Tract Map No. 15900. As a result, the agreements and securities for Tract Map No. 15900 were amended to apply to both Tract Map No. 18402 and Tract Map No. 15900, to ensure that the remaining improvements of Tract Map No. 15900, as well as the improvements identified in Tract Map No. 18402, were completed.
On November 15, 2016, the Department of Public Works and Transportation Operations (Public Works) determined that the construction of the Lytle Creek Levee Improvement Area road and drainage improvements was substantially completed in accordance with the approved plans and specifications pursuant to Section 87.07.040, subdivision (f) of the San Bernardino County Code. The improvements have remained in service since that time. The Land Use Services Department (Land Use Services) recently coordinated with Public Works to verify the completion history, and Public Works confirmed the prior completion and provided the original sign-off documentation; no new inspection was performed as part of this review.
Although the improvements were inspected and certified as being completed, the Subdivider did not process a request for either the Board or the Chief Executive Officer for formal acceptance of the work as being deemed complete in order to release the performance security and trigger the 12-month maintenance security. As a result, the required 12-month maintenance period was not formally acknowledged, and the remaining road and drainage performance security and labor and material security were not released. The improvements were inspected and certified as complete in 2016 and have remained in service since that time. More than 12 months have elapsed since the documented completion of the improvements. Therefore, the 12-month maintenance requirement is considered satisfied for purposes of releasing the remaining securities. No claims of defective work have been filed with the Board, and there are no known liens or claims by contractors, subcontractors, or persons furnishing labor, materials, or equipment associated with the road and drainage improvements. Accordingly, there are no outstanding deficiencies or obligations requiring the securities to remain in effect.
The Subdivider recently contacted Land Use Services regarding the remaining securities. During Land Use Services' review of the records, it was identified that the acceptance of the completed improvements and release of the remaining securities had not been completed. Land Use Services subsequently coordinated with Public Works to verify the completion history and obtain the original sign-off documentation. To promote timely processing of the acceptance of completed improvements and associated security releases, and minimize the potential for similar administrative oversights, Land Use Services maintains a tracking system for active securities that identifies applicable action and maintenance dates and provides for follow-up as securities become eligible for release. The tracking system process has since been updated to more clearly identify and monitor each improvement area and its associated securities.
Approval of the recommended action will complete the administrative process by finding the road and drainage improvements as being accepted as complete, determining that the required 12-month maintenance period has been satisfied, and authorizing the release of the performance, maintenance, and labor and material securities, consistent with the requirements of section 87.07.040 of the San Bernardino County Code.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, and Aaron Gest, Deputy County Counsel, 387-5455) on September 11, 2026; Public Works (Noel Castillo, Director, 387-7906) on September 11, 2026; and County Finance and Administration (Lizveth Varela, Administrative Analyst, 387-4883) on August 17, 2026.