REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 17, 2026
FROM
RAUL GARCIA, Director, Project and Facilities Management Department
JANKI PATEL, Acting Director, Department of Public Health
SUBJECT
Title
Continuation of Emergency Related to the Devore Animal Shelter Expansion Project
End
RECOMMENDATION(S)
Recommendation
1. Find that the Devore Animal Shelter Expansion Project, including the installation of an emergency generator, at 19777 Shelter Way in San Bernardino remains exempt under the California Environmental Quality Act Guidelines, Emergency Projects, section 15269(b) and (c), and Public Resources Code section 21080(b)(2) and (b)(4).
2. Continue the finding, first made by the Board of Supervisors on September 23, 2025, that there is substantial evidence that immediate action is needed to prevent or mitigate the threat to animal life, animal health, property and essential public services posed by the cessation of contracted animal shelter services in the High Desert region effective September 1, 2025, after the Town of Apple Valley voted to cancel the existing animal services contract, which resulted in a reduction of essential shelter and animal care resources, and that this emergency will not permit the delay resulting from a formal competitive solicitation of bids to procure materials and construction services, and delegating authority originally by Resolution on September 23, 2025, to the Chief Executive Officer to direct the Purchasing Agent to issue purchase orders and/or contracts, in a total amount not to exceed $4,436,154, for any construction, remediation, and modifications of internal and external structures related to the sudden and unexpected loss of use of the Apple Valley Animal Shelter, and find that the issuance of these purchase orders and/or contracts are necessary to respond to this emergency pursuant to Public Contract Code sections 22035 and 22050 (Four votes required).
3. Direct the Project and Facilities Management Department to file and post the Notice of Exemption as required under the California Environmental Quality Act.
(Presenter: Raul Garcia, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost), as the Devore Animal Shelter Expansion Project (Project) (WBSE 10.10.1959), in the amount of $4,436,154, is fully funded through the reallocation of existing Discretionary General Funding from the Real Estate Acquisitions Project (WBSE 94.10.0002). The Project and Facilities Management Department (PFMD) will closely monitor and evaluate remediation and construction costs associated with the Project.
BACKGROUND INFORMATION
The Department of Public Health (DPH) provides animal care and control services to residents throughout the unincorporated areas of the county and utilizes contracted shelters in outlying areas where San Bernardino County (County) does not own or operate an animal shelter. Previously, DPH contracted with the Town of Apple Valley to provide animal shelter services in the High Desert region, which allowed residents of unincorporated areas to adopt or be reunited with animals within their community, provided additional spaces for animals to receive care, and served as an additional resource for animal control officers to drop off animals retrieved from the service area.
To further expand County resources in the High Desert region, DPH negotiated with the Town of Apple Valley to purchase the Apple Valley Animal Shelter, moving daily control and operations of the shelter to the County. However, the Town of Apple Valley terminated sale negotiations as well as provided notice to end the existing service contract by August 31, 2025. Due to this cancellation, effective September 1, 2025, DPH is housing animals from the High Desert at the Devore Animal Shelter (Shelter), further impacting already crowded conditions at that facility.
To ensure a continuity of services for the safety and wellbeing of County animals, effective September 1, 2025, DPH Animal Care personnel began transporting stray and injured animals to the Shelter, ensuring services in the high desert unincorporated region continue. The current Shelter requires this expansion Project to handle the overflow of animals and additional operations transferred to this facility.
On September 23, 2025 (Item No. 73), the Board of Supervisors (Board) found there is an emergency, pursuant to Public Contract Code sections 22035 and 22050, to authorize the Purchasing Agent to issue purchase orders necessary to the Project, thus mitigating the loss of health, property, and essential services.
Further, the Board adopted Resolution No. 2025-206 authorizing the Purchasing Agent, as directed by the Chief Executive Officer (CEO), to issue purchase orders and/or contracts in the total not-to-exceed amount of $4,436,154 for any emergency remediation, construction and modifications of internal and external structures related to the Project.
Further, on September 23, 2025 (Item No. 73), the Board found the Project exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(2) and (b)(4) for emergency repairs to public service facilities necessary to maintain service and specific actions necessary to prevent or mitigate an emergency, and CEQA Guidelines section 15269(b) and (c) (Title 14, California Code of Regulations) for emergency repairs to publicly owned service facilities necessary to maintain services essential to the public health, safety, or welfare and specific actions necessary to prevent or mitigate an emergency.
During design, it was determined that the existing emergency generator did not have sufficient capacity to support the expanded shelter improvements. Accordingly, the project scope was modified to include a permanent emergency standby generator to support continued operation of essential shelter systems during a utility outage. The addition of the emergency standby generator does not change the emergency nature or purpose of the Project. It is recommended that the Board find that the Project, as modified to include the emergency standby generator, continues to qualify for the previously identified CEQA exemption under Public Resources Code section 21080(b)(2) and (b)(4) and CEQA Guidelines section 15269(b) and (c).
Construction of the Project is ongoing. Based on the current construction schedule, completion is anticipated in January 2027. The revised schedule reflects the time required to complete the remaining electrical utility coordination and activation, followed by required testing, commissioning, final inspections, and closeout activities necessary for the expanded shelter facilities to become fully operational.
Until the permanent improvements are completed and operational, the conditions necessitating the emergency action continue, including the need to maintain sufficient shelter capacity and essential animal care services resulting from the loss of contracted shelter services in the High Desert region. PFMD will continue to coordinate with the contractor, utility providers, and affected County departments to complete the remaining work as expeditiously as practicable.
Emergencies related to Public Contract Code sections 22035 and 22050, once ordered, must be affirmed at each subsequent meeting until terminated. The recommended action will meet this requirement.
PROCUREMENT
On September 29, 2025, Purchase Order (PO) No. 4100435788 was issued in the amount of $6,000 to Horizon Structures, LLC (Horizon Structures) to initiate the design of modular kennel buildings. On the same day, a Request for Proposals (RFP) was also distributed to on-call architectural firms to obtain pricing for expedited design services covering the remaining scope of the Project. STK Architects was determined to be the preferred architectural design services vendor resulting from the RFP. The PO request for STK Architects was initiated on October 21, 2025, and PO No. 4100440118 was subsequently issued on October 27, 2025, in the amount of $242,233.
On December 2, 2025, the modular kennel manufacturer, Horizon Structures, submitted partially engineered drawings for initial review by PFMD, DPH, and STK Architects. On December 4, 2025, the same team conducted a site visit to observe a completed Horizon Structures building and evaluate construction quality and design applicability. Consolidated comments from both the drawing review and the site visit were provided to Horizon Structures on December 5, 2025.
During the County’s internal review of the partially engineered drawings, it was determined that the grading design required revisions to accommodate the site’s water quality requirements. As a result, STK Architects revised the grading design and incorporated these updates into the final construction documents. On January 30, 2026, PO No. 4100440118 with STK Architects increased by $24,474 to cover these additional services, bringing the total PO amount to $266,707. On March 12, 2026, the PO was further increased by $8,344 to provide generator design services, as the existing generator was insufficient to support the expanded site, bringing the total PO amount to $275,051. The drawing packages were subsequently completed and incorporated into the final construction documents.
On April 7, 2026, through the delegated authority process, the CEO authorized the Purchasing Agent to issue PO No. 4100466554, in the amount of $1,093,331.77, issued to Horizon Structures for the fabrication and delivery of three 24-foot by 60-foot modular kennel buildings. Each modular kennel building is designed to include 24 interior kennels (five feet by four feet) with doors providing access to 24 exterior kennel runs (five feet by six feet). The buildings will be equipped with heating and air conditioning, electrical and plumbing systems, interior lighting, hose bibs with hose reels, automatic water feeders, and an access aisle between interior kennels to support daily operations and maintenance. Delivery of the modular buildings to the Project site occurred July 29, 2026.
On April 24, 2026, the County executed an agreement with Cornerstone Construction Company (CornerstoneCC) for construction services, including site grading, underground utilities, parking lot improvements, decomposed granite areas, concrete driveways and pathways, block walls, fencing, metal ramps, Americans with Disability Act compliant paths of travel connecting to the existing facility, concrete building pads, and Southern California Edison (SCE) improvements. Subsequently, under delegated authority, the CEO authorized the Purchasing Agent to issue PO No. 4100470488 on April 29, 2026, in the amount of $2,049,463.
The County anticipates, in mid-November to execute Change Order No. 1 and Change Order No. 2 with Cornerstone Construction Company (CornerstoneCC) for changes arising during construction. Change Order No. 1, in the amount of $18,893.90, includes a 34-calendar-day contract extension to align the contract duration with the originally intended construction completion date of November 30, 2026, as well as costs associated with after-hours modular building delivery, an additional backflow device, and electrical disconnects for the modular buildings.
Change Order No. 2, in the amount of $58,656.58, addresses construction modifications required to relocate improvements outside the Muscoy Groin No. 1 jurisdictional area administered by the United States Army Corps of Engineers, addresses existing underground conditions, increases the number of underground sewer connections to align with the modular building sewer connections, and provides modifications required for camera and internet infrastructure.
Subsequently, under delegated authority, the Chief Executive Officer is anticipated in November to authorize the Purchasing Agent to increase Purchase Order No. 4100470488 by $77,550.48, from $2,049,463 to $2,127,013.48, to incorporate Change Order Nos. 1 and 2.
On June 3, 2026, PO No. 4100440118 with STK Architects was increased by $43,747 to complete a redesign that reduced the Project footprint and eliminated conflicts with the United States Army Corps of Engineers' jurisdiction, bringing the total purchase order amount to $318,798. The revised design was issued for construction, avoiding a significant schedule delay and allowing the Project to proceed without the need for United States Army Corps of Engineers permitting.
On June 22, 2026, PO No. 4100479382 was issued in the amount of $57,033.77 to Siemens Industry, Inc. for the procurement and installation of five security cameras required to monitor the safety of the site.
On August 18, 2026, PO No. 4100489738 was issued in the amount of $17,055 to Fenagh Engineering and Testing for special inspections and testing to verify CornerstoneCC’s work complies with the technical and laboratory requirements of the contract documents, including required testing of concrete and asphalt for proper installation, quality, strength, and compaction.
As a result of the Town of Apple Valley contract cancellation, Angeles Contractor, Inc. has been delivering emergency tent services on site since September 2025 in support of overflow animal capacity at the Shelter under PO No. 4100433521, which is funded by the Devore Animal Shelter Maintenance Project (WBSE 10.10.0603). This PO, totaling $160,960.76, has since been fully expended. A new PO No. 4100464788 was issued to Angeles Contractor, Inc. in the amount of $160,721.57 on March 26, 2026, to continue providing emergency tent services, ensuring uninterrupted shelter operations and maintaining adequate overflow capacity.
The full scope of work, including modular building delivery and installation, site improvements, and Southern California Edison improvements, was initially anticipated to take approximately eight months from the Notice to Proceed issued to Cornerstone Construction Company on April 28, 2026. Due to recent delays associated with SCE scheduling and availability, the Project is now anticipated to take approximately ten months to complete. The schedule remains subject to weather conditions, material availability, SCE scheduling and availability, and unforeseen conditions encountered during construction.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniel Pasek, Deputy County Counsel, 387-4555) on October 22, 2026; Public Health (Shannon Bailey, Division Chief/Acting Assistant Director, 387-9148) on October 23, 2026; Purchasing (Dylan Newton, Lead Buyer, 665-4793) on October 22, 2026; Project and Facilities Management (Sarah Riley, Chief of Project Management, 387-5115) on October 26, 2026; and County Finance and Administration (Yael Verduzco and Guy Martinez, Principal Administrative Analysts, 387-5825 and 387-5428) on October 29, 2026.