REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
May 19, 2026
FROM
MIGUEL FIGUEROA, Director, Land Use Services
SUBJECT
Title
Review Delegation of Authority Regarding Subdivision Improvement Agreements and Securities
End
RECOMMENDATION(S)
Recommendation
1. Review, as required by subsections 87.07.040(h) of the San Bernardino County Code, the delegation of authority provided to the Chief Executive Officer under subsections 87.07.040(a) and (f) of the San Bernardino County Code related to subdivision improvement agreements and exoneration of improvement securities.
2. Approve the continuation of the delegation of authority related to subdivision improvement agreements and exoneration of improvement securities provided to the Chief Executive Officer under subsections 87.07.040(a) and (f) of the San Bernardino County Code.
(Presenter: Miguel Figueroa, Director, 387-4431)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not impact Discretionary General Funding (Net County Cost). The delegation of authority provided to the Chief Executive Officer (CEO) will not result in financial liabilities to county residents and will support efficient development by increasing the expediency of the financial security process.
BACKGROUND INFORMATION
Title 8 of the County Code regulates development, including the subdivision of land, in the unincorporated portions of San Bernardino County (County). San Bernardino County Code (County Code) Subsection 87.07.040(a) provides that, if all required improvements and inspections are not satisfactorily completed before a subdivision map is approved, the owner of the subdivision must enter into an improvement agreement with the County, whereby in consideration of the approval of the final map, the owner agrees to furnish the necessary equipment, labor, and material necessary to complete the required work and post securities in an amount to guarantee the performance of the improvement agreement. The improvement agreement and securities are approved and accepted by the Board of Supervisors (Board). The initial term of the improvement agreement is two years and may be extended by the County. The provisions that authorize a release of the security upon completion of the work is found in subsection 87.07.040(f) of the County Code.
As originally adopted, only the Board could approve extensions to improvement agreements, as well as release the securities upon completion of work. However, on April 22, 2014 (Item No. 70), the Board adopted Ordinance No. 4243 which delegated authority to the CEO to: 1) extend the term of improvement agreements that do not require additional securities; and 2) accept completed work and release the securities. (Subsections 87.07.040(a) and (f) of the County Code.)
California Government Code subsection 66462(d) states that any ordinance adopted pursuant to this subdivision shall provide that the legislative body shall periodically review the delegation of authority. County Code subsection 87.07.040(h) further clarifies that the Board shall review the above-described delegation of authority provided to the CEO at least once by June 30, 2016, and at least once every two years thereafter to meet the periodic review requirement outlined in California Government Code subsection 66462(d).
Since 2016, the Board reviewed and continued the delegation of authority provided to the CEO under subsections 87.07.040(a) and (f) of the County Code that relates to subdivision improvement agreements and exoneration of securities on:
• June 28, 2016 (Item No. 33)
• September 11, 2018 (Item No. 32)
• August 11, 2020 (Item No. 26)
• July 12, 2022 (Item No. 18)
• July 23, 2024 (Item No. 39)
Since the Board’s last review of the delegation of authority on July 23, 2024, the CEO has approved 10 subdivision improvement agreement time extensions, seven reductions from performance to maintenance securities, and five releases of maintenance and labor and materials securities, in accordance with County Code Subsections 87.07.040(a) and (f). To assist in this review, the Land Use Services Department has included with this item a document that lists all subdivision improvement agreements and security activities approved by the CEO since adoption of Ordinance No. 4243.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Jason Searles, Supervising Deputy County Counsel, and Maria Insixiengmay, Deputy County Counsel, 387-5455) on May 7, 2026; and County Finance and Administration (Iliana Rodriguez, Administrative Analyst, 386-8392) on April 15, 2026.