REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 17, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Acquisition of Vacant Land in El Mirage
End
RECOMMENDATION(S)
Recommendation
1. Find that the acquisition of certain vacant land, consisting of approximately 10 acres, located in the El Mirage Off-Highway Vehicle Area (Assessor’s Parcel Number 0458-073-17-0000), is an exempt project under the California Environmental Quality Act Guidelines, Title 14, Chapter 3, Section 15325 - transfer of ownership of interest in land to preserve open spaces (Class 25) and Section 15316 - transfer of ownership of land to establish or expand park facilities (Class 16).
2. Authorize the acquisition of certain vacant land, consisting of approximately 10 acres located in the El Mirage Off-Highway Vehicle Area (Assessor’s Parcel Number 0458-073-17-0000), from Tony Wijaya and Linda Wijaya, as joint tenants as to an undivided 50% interest, and Felix Purnomo Jao, as to an undivided 50% interest, together as tenants in common, for the purchase price of $70,500, escrow and title fees estimated to be $2,000, and administrative costs of $30,000, for a total not to exceed cost of $102,500, in accordance with Government Code Section 25350 and the Settlement Agreement and Full Release of All Claims dated December 17, 2023.
3. Approve the Purchase and Sale Agreement and Joint Escrow Instructions with Tony Wijaya and Linda Wijaya, as joint tenants as to an undivided 50% interest, and Felix Purnomo Jao, as to an undivided 50% interest, together as tenants in common, to acquire the property referenced in Recommendation No. 2 subject to the conditions identified in the Purchase and Sale Agreement for the purchase price of $70,500.
4. Approve Capital Improvement Program Project No. 27-086, in the amount of $102,500, for the acquisition of certain vacant land, consisting of approximately 10 acres, located in the El Mirage Off-Highway Vehicle Area (Assessor’s Parcel Number 0458-073-17-0000).
5. Authorize the Auditor-Controller/Treasurer/Tax Collector to post necessary budget adjustments to the 2026-27 budget as detailed in the Financial Impact Section (Four votes required).
6. Authorize the Director of the Real Estate Services Department to execute escrow instructions and any non-substantive documents, including but not limited to escrow documents, disclosures, and notices necessary to complete this transaction, subject to County Counsel review.
7. 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
Promote and Fulfill the Countywide Vision.
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
Foster Sustainable Development Through Strategic Partnerships.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The purchase price to acquire this approximately 10-acre vacant land parcel is $70,500, escrow expenses and title fees are estimated to be $2,000, and administrative costs are estimated to be $30,000 for a total cost not to exceed $102,500.
This acquisition and associated costs will be funded by the El Mirage Acquisition Trust Fund (Trust Fund), which was established with the State of California grant funding for the El Mirage Off-Highway Vehicle Project. RESD requests the Auditor-Controller/Treasurer/Tax Collector to post the following adjustments to the 2026-27 budget.
|
Fund Center |
Commitment/GL Account |
Description |
Action |
Amount |
WBSE |
|
5007 |
37008880 |
Fund Balance Reserved - Available Reserve |
Decrease |
$ 102,500 |
|
|
7820005007 |
55305030 |
Operating Transfers Out |
Increase |
$ 102,500 |
|
|
7700003105 |
40909975 |
Operating Transfers In |
Increase |
$ 102,500 |
94.10.0009 |
|
7700003105 |
54004005 |
Land |
Increase |
$ 87,500 |
94.10.0009 |
|
7700003105 |
55405010 |
Salaries & Benefits Transfers Out |
Increase |
$ 15,000 |
94.10.0009 |
BACKGROUND INFORMATION
Approval of this item will authorize the acquisition of approximately 10 acres of vacant land (Assessor’s Parcel Number 0458-073-17-0000) (Property), which is located in the El Mirage Off-Highway Vehicle Area from Tony Wijaya and Linda Wijaya, as joint tenants as to an undivided 50% interest, and Felix Purnomo Jao, as to an undivided 50% interest, together as tenants in common, (Property Owners).
The Project is located approximately 12 miles northwest of the City of Adelanto in the unincorporated area of El Mirage. It encompasses roughly 25,000 acres of primarily vacant land and surrounds the El Mirage Dry Lakebed. For years, this area was a popular recreational destination for the public. By the mid-1980’s, local property owners, residents, and recreational user groups expressed concerns with the Project and a desire for structure and management.
On November 14, 1988 (Item No. 22), the County entered into Interagency Agreement Contract No. 88-986 (Interagency Agreement), the State of California Off-Highway Motor Vehicle Recreation Commission (OHMVR), California Department of Parks and Recreation (State), the Bureau of Land Management (BLM), and the County of Los Angeles for the purpose of addressing the concerns of owners, residents, and users regarding the Project. The Interagency Agreement established duties for each agency, including the respective roles and responsibilities as they pertain to the cooperative management of the Project.
On February 5, 1990 (Item No. 26), the County, BLM, and the State executed an Acquisition Memorandum of Understanding (MOU) as an addendum to the Interagency Agreement further defining the roles of each party and the procedures pertaining to the acquisition of lands for the Project. The County was designated as the lead agency for acquiring land within the Project boundaries, and the Real Estate Services Department (RESD) has been managing that process. All land acquired by the County, including the Property, will ultimately be conveyed to the BLM to be held in perpetuity for the Project.
On September 22, 1997, the County notified the Property Owners that their property was within the Project boundaries and informed them of a Voluntary Sale/Exchange Program. Initially, the Property Owners responded with interest to voluntarily sell their Property to the County, however, after multiple attempts to negotiate, both parties could not agree on the purchase price.
In January of 2002, the County attempted to acquire the Property via eminent domain but later withdrew the action following an amendment to the relevant California’s statute. The amendment, which became effective on January 1, 2004, specifically prohibits the use of eminent domain to acquire properties for state vehicular recreation purposes.
The Property Owners continued negotiations with the County through 2018 but alleged inverse condemnation by virtue of the Project. Subsequently, the Property Owners filed a lawsuit (Case No. CIVDS 1932047) in the San Bernardino Superior Court, based on inverse condemnation claims. On December 17, 2023, the Property Owners signed a Settlement Agreement and Full Release of All Claims (Settlement Agreement), whereby the Property Owners released all claims against the County, agreed to dismiss their lawsuit, which was done on January 10, 2024, and in exchange, the County would purchase the Property for $70,500, which is the fair market value amount that RESD offered during the negotiations in November 2018 but was rejected by Sellers at the time. RESD recommends the approval of the Purchase and Sale Agreement and Joint Escrow Instructions to fulfill the terms of the executed Settlement Agreement to acquire the Property. Additionally, this item will authorize the RESD Director to execute escrow instructions and other non-substantive documents, including but not limited to escrow documents, disclosures, and notices 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 acquisition of the Property was reviewed pursuant to the California Environmental Quality Act and determined to be categorically exempt under the California Environmental Quality Act Guidelines, Title 14, Chapter 3, Section 15325 - transfer of ownership of interest in land to preserve open space (Class 25) and Section 15316 - transfer of ownership of land to establish or expand park facilities (Class 16).
PROCUREMENT
Purchase of this Property will be made by the County pursuant to Government Code section 25350. The County has complied with the publication requirements of Government Code section 6063
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, 387-5455) on October 20 ,2026; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-7022) on October 18, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on October 15, 2026; and County Finance and Administration (Yael Verduzco, Principal Administrative Analyst, 387-5285) on November 5, 2026.
(EV: 893-0921)