REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 18, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Water Utility Easement Agreement with the City of San Bernardino Municipal Water Department
End
RECOMMENDATION(S)
Recommendation
1. Find that approval of a Water Utility Easement Agreement with the City of San Bernardino Municipal Water Department to convey a non-exclusive easement to the City of San Bernardino Municipal Water Department, is an exempt project under California Environmental Quality Act Guidelines, Section 15312 (sales of surplus government property) and Section 15061(b)(3) (Common Sense Exemption).
2. Adopt Resolution declaring that the conveyance of a non-exclusive easement, totaling approximately 10,760 square feet, over portions of County-owned real property, located at 860 East Gilbert Street in the City of San Bernardino (portions of Assessor’s Parcel Numbers 0147-081-07-0000 and 0273-091-11-0000), to the City of San Bernardino Municipal Water Department for an underground water utility line is in the public interest, declaring that the interest conveyed will not substantially conflict nor interfere with the use of the property by the County, and authorizing the conveyance by grant of easement in accordance with Government Code section 25526.6, at no cost.
3. Approve Water Utility Easement Agreement with the City of San Bernardino Municipal Water Department to convey the easement referenced in Recommendation No. 2.
4. Authorize the Director of the Real Estate Services Department to execute any other non-substantive documents necessary to complete this transaction, subject to County Counsel review.
5. Direct the Real Estate Services Department to file and post 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
Improve County Government Operations.
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). An easement will be granted by the County to the City of San Bernardino Municipal Water Department (SBMWD) pursuant to Government Code section 25526.6 at no cost, which states that the Board of Supervisors may convey an easement to a city upon a finding that the interest conveyed will not substantially conflict nor interfere with the use of the property by the County. SBMWD will be responsible, at its own cost, for the installation, operation, and maintenance of the underground water utility line.
BACKGROUND INFORMATION
The San Bernardino Juvenile Dependency Courthouse (Courthouse) is located on County-owned property (Assessor’s Parcel Numbers 147-081-07-0000 and 0273-091-11-0000) located at 860 East Gilbert Street in the City of San Bernardino (Property). The Courthouse is jointly occupied by the County and the Judicial Council of California (Judicial Council). When the Judicial Council initiated a courthouse addition project at the Property, they identified that a portion of SBMWD’s existing water main line, constructed in the 1930s, was situated directly under the expansion area. The project necessitated the construction of a new water line in the easement area.
The Judicial Council requested a non-exclusive easement be conveyed from the County to SBMWD, for the construction, placement, access, use, maintenance, repair, replacement, and operation of the new underground water utility line. Due to the Judicial Council’s construction schedule, a Right of Entry license (License) was entered into between the County and SBMWD to facilitate the Judicial Council’s timeline, which was signed by the Director of the Real Estate Services Department (RESD) on September 12, 2025, under the authority pursuant to San Bernardino County Code of Ordinances, Section 18.0104. The License will terminate upon the recording of the easement. The Judicial Council’s construction is now complete and the parties desire to transfer the water utility easement to SBMWD.
RESD has reviewed the request for the Water Utility Easement Agreement to convey a non-exclusive easement to SBMWD and determined that the conveyance of the easement is in the public’s interest and the easement conveyed will not substantially conflict with nor interfere with the County’s use of the Property.
This item will also authorize the RESD Director to execute other non-substantive documents, including but not limited to 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 conveyance of the non-exclusive easement was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt from further environmental review in accordance with CEQA Guidelines Section 15312 (sales of surplus government property), as the Property is not located in an area of statewide, regional, or areawide concern as identified in Section 15206(b)(4)) and Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility that the grant of easement may have a significant effect on the environment. RESD will have fulfilled the obligations under CEQA for this conveyance with the filing and posting of the Notice of Exemption.
PROCUREMENT
The County can convey the easement to SBMWD in accordance with Section 25526.6 of the Government Code.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, 387-5455) on July 22, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on July 23, 2026; and County Finance and Administration (Eduardo Mora, 387-4376, Administrative Analyst) on July 28, 2026.
(EV: 893-0921)