REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 23, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BEAHTA DAVIS, Director, Regional Parks Department
SUBJECT
Title
Conveyance of Slope and Fuel Modification Easement over County-Owned Property in the Unincorporated Area of San Bernardino County to Pharris Sycamore Flats, LLC, a California Limited Liability Company
End
RECOMMENDATION(S)
Recommendation
1. Find that the conveyance of one non-exclusive slope and fuel modification easement to Pharris Sycamore Flats, LLC, a California limited liability company, over approximately 11,855 total square feet, comprising approximately 2,528 square feet for slope purposes and approximately 9,327 square feet for fuel modification purposes, of County-owned property in the unincorporated area of San Bernardino County (portion of Assessor’s Parcel Number 0239-031-57-0000) is exempt under the California Environmental Quality Act Guidelines, Section 15301-Existing Facilities (Class 1), Section 15312-Surplus Government Property Sales (Class 12), and Section 15061(b)(3)-Common Sense Exemption.
2. Adopt a Resolution that:
a. Declares the conveyance of one non-exclusive slope and fuel modification easement over approximately 11,855 total square feet, comprising approximately 2,528 square feet for slope purposes and approximately 9,327 square feet for fuel modification purposes, of County-owned property in the unincorporated area of San Bernardino County (portion of Assessor’s Parcel Number 0239-031-57-0000) to Pharris Sycamore Flats, LLC, a California limited liability company, is in the public interest, and that the easement interest conveyed will not substantially conflict or interfere with the use of the property by the County; and
b. Authorizes the conveyance of said easement in accordance with Government Code section 25521, upon payment of $4,000 for the easement, plus reimbursement of incurred administrative costs, by Pharris Sycamore Flats, LLC, a California limited liability company.
3. Approve Easement Acquisition Contract with Pharris Sycamore Flats, LLC, a California limited liability company, for the conveyance of the easement grant for payment of $4,000, plus reimbursement of incurred administrative costs.
4. Approve non-exclusive Slope and Fuel Modification Easement, including non-standard terms, to Pharris Sycamore Flats, LLC, a California limited liability company, over approximately 11,855 total square feet, comprising approximately 2,528 square feet for slope purposes and approximately 9,327 square feet for fuel modification purposes, of County-owned property in the unincorporated area of San Bernardino County (portion of Assessor’s Parcel Number 0239-031-57-0000).
5. Authorize the Director of the Real Estate Services Department to execute any non-substantive documents necessary to complete the conveyance of the easement, subject to review by County Counsel.
6. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with 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.
Create, Maintain and Grow Employment Opportunities and Economic Value in the County.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The County’s Regional Parks Department (Regional Parks) will receive revenue in an amount equal to the appraised fair market value of the easement, which has been determined to be $4,000, plus reimbursement of incurred administrative costs, for the conveyance of a non-exclusive slope and fuel modification easement (easement) to Pharris Sycamore Flats, LLC, a California limited liability company (Pharris), over County-owned property in the unincorporated area of San Bernardino County (portion of Assessor’s Parcel Number 0239-031-57-0000) (Property).
Pharris will be responsible for all administrative costs incurred by the Real Estate Services Department (RESD) with processing the easement.
BACKGROUND INFORMATION
Pharris is constructing a residential development project (Project), consisting of approximately 171 dwelling units (Tract No. 20407), located in the unincorporated area of San Bernardino County. As part of the County’s development review process, grading and improvement plans identified a need for a minor encroachment onto a portion of the Property to accommodate roadway elevation transitions along Clearwater Parkway and associated site access improvements. The encroachment area totals approximately 0.027 acres (11,855 square feet).
Due to topographic constraints, including an approximate 20-foot elevation differential at the Project frontage, grading and slope adjustments are required as a condition of approval for the Project to properly align the proposed roadway with existing County infrastructure. These improvements, which will be constructed and maintained at Pharris’s sole cost and expense, include slope tie-ins, drainage facilities, erosion control measures, and vegetation management necessary for long-term stability and safety.
In order to implement these required improvements and ensure proper maintenance of the affected area, Pharris has requested a slope and fuel modification easement over a portion of the Property. The easement will allow for construction, maintenance, and ongoing access for slope stabilization over approximately 2,528 square feet of the Property and fuel modification activities over approximately 9,327 square feet of the Property. The Property is owned by the County and is under the jurisdiction of Regional Parks. Staff from the Real Estate Services Department (RESD) and Regional Parks have reviewed the proposed easement and determined that it is in the public interest and will not substantially conflict with or interfere with County’s use of the Property.
This item will also authorize the execution of an Easement Acquisition contract to evidence Pharris’s obligation to pay $4,000 for the easement, plus reimbursement of incurred administrative costs.
The easement contains terms that differ from the standard County contract and omits certain County standard contract terms. The non-standard and missing terms include the following:
1. Pharris’s indemnification obligations are limited to claims caused by its negligence of intentional misconduct but not to claims arising from the negligence or intentional misconduct of the County.
• The County standard contract indemnity provision requires that contractors indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: The limit of the indemnification obligation to Pharris's negligence or willful misconduct means that any claim that does not require these conditions, such as breach of contract, or strict liability, are excluded from Pharris's indemnification obligations.
2. The easement requires Pharris to provide 10 days notice of any insurance cancellations for non-payment.
• The County standard contract requires Pharris to provide 30 days notice prior to any termination or expiration of its insurance policies.
• Potential Impact: The shorter notice period may increase the possibility of a lapse in coverage.
3. The easement does not require Pharris to provide explosion, collapse, and underground hazards as part of its commercial general liability policy.
• The County standard contract requires the contractor’s insurance to include explosion, collapse, and underground hazards as part of its commercial general liability policy.
• Potential Impact: In the event the County were to have structures in or near the easement area now or in the future, claims would not be covered by Pharris’s insurance.
Parks and RESD recommend approval of the easement notwithstanding the non-standard terms, because the conveyance of the easement is in the public interest and acceptance of the non-standard terms does not pose undue risk to the County given the specific uses under the easement.
The conveyance of the easement has been reviewed pursuant to the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt under Section 15301-Class 1 Existing Facilities, Section 15312- Class 12 Surplus Government Property Sales, and Section 15061(b)(3)-Common Sense Exemption. The filing of a Notice of Exemption by the RESD will complete CEQA compliance for this action.
PROCUREMENT
The County may convey the easement in accordance with Government Code section 25521.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel l, 387-5455) on June 16, 2026; Regional Parks (Beahta Davis, Director, 387-2340) on May 18, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on May 8, 2026; Risk Management (Arissia Beaven, Staff Analyst II, 386-9030) on June 18 2026; and County Finance and Administration (Elias Duenas, 387-4052, and Eduardo Mora, 387-4376, Administrative Analysts) on June 5, 2026.
(EV: 893-0921)