REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
January 23, 2024
FROM
TREVOR LEJA, Assistant Executive Officer, Flood Control District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Conveyance of Easement Deed Over Portion of Etiwanda Creek Channel and San Sevaine Channel to the City of Fontana
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District:
1. Adopt Resolution that:
a. Makes responsible agency findings pursuant to the California Environmental Quality Act.
b. Declares that conveyance of the Easement Deed for street, highway, road and/or bridge purposes over a portion of San Bernardino County Flood Control District-owned property (Assessor’s Parcel Number 0228-091-42) located in the Etiwanda Creek Channel/San Sevaine Channel system in the City of Fontana, consisting of approximately 3,046 square feet, is in the public interest, the easement interest conveyed will not substantially conflict or interfere with the use of the property by the District, and will have no impact nor interfere with flood protection in the region.
c. Authorizes the conveyance of an Easement Deed to the City of Fontana pursuant to Water Code Appendix Section 43-6, and Government Code Section 25526.6 upon payment of $10,650 for the easement and approximately $17,487 for administrative processing costs.
2. Approve the Easement Deed to the City of Fontana over a portion of San Bernardino County Flood Control District-owned property (Assessor’s Parcel Number 0228-091-42) located in the Etiwanda Creek Channel/San Sevaine Channel system in the City of Fontana, consisting of approximately 3,046 square feet, for street, highway, road and/or bridge purposes, in the amount of $10,650 for the easement and approximately $17,487 for administrative processing costs.
3. Authorize the Chair of the Board of Supervisors to execute the Easement Deed referenced in Recommendation No. 2, upon payment of $10,650 for the easement and approximately $17,487 for administrative processing costs.
4. Authorize the Director of the Real Estate Services Department to execute any documents necessary to complete this transaction, subject to County Counsel review.
5. Direct the Real Estate Services Department to file the Notice of Determination in accordance with the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
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). The San Bernardino County Flood Control District (FCD) is funded by property taxes, fees, and other local, state, and federal funding. The FCD is subdivided into six zones with interests, responsibilities or geographical divisions distinctive of the particular zone. Zone 1 is defined as a 275 square mile area, the boundaries include the westerly portion of the San Bernardino Valley extending from Beech Avenue in the Fontana area to the Los Angeles County line, all south of the San Gabriel mountain range divide. This includes the Cities of Chino, Chino Hills, Fontana, Montclair, Ontario, Rancho Cucamonga and Upland with the community of Etiwanda. FCD will receive revenue for Zone 1 (19100002518 F02763) in the amount of $10,650 for the easement, plus approximately $17,487 for administrative processing costs related to this requested easement. The City of Fontana (City) will be responsible for the operation and any ongoing maintenance associated with the improvements in the easement area.
BACKGROUND INFORMATION
The conveyance of an easement to the City over a portion of FCD-owned property (Assessor’s Parcel Number 0228-091-42) located in the Etiwanda Creek Channel/San Sevaine Channel system in the City of Fontana, consisting of approximately 3,046 square feet is for street, highway, road and/or bridge purposes, including appurtenances. The intended improvements include the design and construction of a pedestrian bridge, an access road, and access improvements that will allow public access across FCDs channel between two planned residential developments, which are part of the West Gate Specific Plan (Project). The conveyance aligns with FCD’s goals of ensuring the development of a well-planned, balanced, and sustainable community.
Tri-Pointe Homes (Tri-Pointe) was conditioned by the City to obtain an easement for the construction of the pedestrian bridge, an access road, and access improvements over a portion of FCD’s property in favor of the City. The location of the proposed easement is on the south side of Victoria Street and about .05 miles east of I-15 North and crosses over both the San Sevaine Channel and Etiwanda Creek Channel in the City of Fontana. Upon acceptance of the easement, the City will have maintenance responsibilities for the bridge, access road, and access improvements on the easement area.
FCD reviewed the easement request and determined that it does not substantially conflict with nor interfere with FCD’s use of the property. FCD requires compensation for the conveyance of the easement at fair market value and Tri-Pointe procured an appraisal of the easement, using a commonly used and acceptable method of valuation. Real Estate Services Department (RESD) staff reviewed the appraisal and accepted the appraised fair market value conclusion for the easement of $10,650. Tri-Pointe will pay the fair market value of $10,650 and reimburse FCD for administrative processing costs in the approximate amount of $17,487 prior to the conveyance and recording of the easement.
A portion of FCD’s property contains the former Etiwanda Disposal Site. The requested pedestrian bridge use, which Tri-Pointe intends to construct away from the mapped disposal site, was reviewed by the San Bernadino County Local Enforcement Agency (LEA) in June 2022, and Tri-Pointe’s Waste Management Plan was accepted by the LEA.
Approval of this item will authorize the conveyance of the easement and allow the Chair of the Board of Supervisors to execute the Easement Deed, subject to receipt of payment from the City, and the Director of RESD to execute any other incidental documents as 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 FCD to any actions not contemplated by, or arising from, the transaction which is the subject of these recommendations. The Easement Deed was approved by the City’s Council on June 13, 2023.
The City, as Lead Agency for the Project, prepared and adopted an Environmental Impact Report (EIR) for the Project and filed the EIR and the Notice of Determination with the State of California (State Clearinghouse Number 1995052002). FCD, as a Responsible Agency, has reviewed the EIR and made findings in the Resolution referenced in Recommendation No. 1 that the EIR adequately analyzed the potential environmental impacts and concurs with the analysis and conclusions in the EIR. Upon adoption of the Resolution, the Clerk of the Board of Supervisors will be directed to post and file a Notice of Determination, which will fulfill FCD’s obligations under the California Environmental Quality Act.
PROCUREMENT
FCD may convey the easement to the City in accordance with Water Code Appendix Section 43-6 and Section 25526.6 of the Government Code.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, and Sophie A. Curtis, Deputies County Counsel, 387-5455) on December 18, 2023; Flood Control District (Grant Mann, Deputy Director, 387-7918) on November 16, 2023; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on November 17, 2023; Finance (Carl Lofton, 387-5404, and Garrett Baker, 387-3077, Administrative Analysts) on December 27, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on December 27, 2023.
(JAG: 677-8210)