REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
February 11, 2025
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Lease Agreement with Silverwood Development Phase I, LLC for the Lease of a Temporary Fire Station in Hesperia
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District:
1. Find that approval of a lease agreement with Silverwood Development Phase I, LLC for the lease of a temporary fire station is an exempt project under the California Environmental Quality Act Guidelines Section 15301 - Existing Facilities (Class 1).
2. Approve the Real Estate Services Department’s use of an alternative procedure in lieu of a formal Request for Proposals, as allowed per County Policy 12-02 - Leasing Privately Owned Real Property for County Use, to enter into lease agreement with Silverwood Development Phase I, LLC commencing on the written acceptance by an authorized agent of the San Bernardino County Fire Protection District, otherwise known as the Commencement Date, as defined in the lease, terminating 180 days after the District accepts dedication of the permanent site and permanent station, for the use of approximately one acre of land (Tract No. TT - 18989, portion of Lot 3), and improvements for a fire station consisting of an approximately 3,000 square feet two-bay fire equipment garage and 2,016 square feet modular fire staff quarters, located at 17801 Ranchero Road in Hesperia.
3. Approve a lease agreement with Silverwood Development Phase I, LLC commencing on the written acceptance by an authorized agent of San Bernardino County Fire Protection District, otherwise known as the Commencement Date, as defined in the lease, terminating 180 days after the District accepts dedication of the permanent site and permanent station, for the use of approximately one acre of land (Tract No. TT - 18989, portion of Lot 3), and improvements for a fire station consisting of an approximately 3,000 square feet two-bay fire equipment garage and 2,016 square feet modular fire staff quarters, located at 17801 Ranchero Road in Hesperia, for a one lump sum payment of $494,249.
4. Find that the lease agreement identified in Recommendation No. 3 supports the social needs of the population of San Bernardino County and the San Bernardino County Fire Protection District pursuant to Government Code section 26227 and serves the San Bernardino County Fire Protection District purposes of fire protection and the emergency response services identified in Health and Safety Code section 13862.
5. Direct the Real Estate Services Department to file 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
Provide for the Safety, Health and Social Service Needs of County Residents.
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 additional Discretionary General Funding (Net County Cost). On December 17, 2024 (Item No. 103), the Board of Supervisors (Board) allocated $494,249 from the 2024-25 First District’s Board of Supervisors Discretionary Fund - District Specific Priorities Program budget to the San Bernardino County Fire Protection District (District), to fund the lease of a temporary fire station (Lease) identified in Recommendation No. 3 to support the social needs of the County and the District population, pursuant to Government Code section 26227, and serving the District purpose of fire protection and the emergency response services identified in Health and Safety Code section 13862.
The total cost of this Lease is approximately $494,249, to be paid in one lump sum, for a projected term not less than three years and not more than five years. Lease payments will be made directly from the District North Desert Service Zone budget (5903062442).
BACKGROUND INFORMATION
This recommended action will approve the Lease with Silverwood for the District to occupy a new temporary fire station built by Silverwood in association with Silverwood’s development project (Project) that will include approximately 1,884 residential lots, roads, a school, parks, and other related infrastructure of the master planned Silverwood Residential Community in the City of Hesperia (Hesperia). Hesperia’s approval of a temporary fire station associated with the Project did not express that it was at no cost to the District. A summary of the Lease terms is provided below. The District shall provide all interior and exterior equipment housed within the structure and shall pay for all utilities, including electrical use costs, gas, water, trash, and sewer. The District shall also provide janitorial, security, and maintenance at this location, excluding major building or structural issues including mechanical, electrical, plumbing, and roofing. The District provides emergency and fire protection services to Hesperia and other surrounding jurisdictions.
The District requested that Real Estate Services Department (RESD) prepare a lease agreement for the approximately one-acre land (Tract No. TT - 18989, portion of Lot 3) with Silverwood, which includes improvements consisting of approximately 3,000 square feet for a two bay fire equipment garage and 2,016 square feet for a modular fire staff quarters (Fire Station) located at 17801 Ranchero Road in Hesperia (Property).
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Summary of Lease Terms |
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Lessor: |
Silverwood Development Phase I, LLC, A Limited Liability Company |
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Location: |
17801 Ranchero Road Hesperia, CA 92345 |
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Size: |
One acre portion of Tract No. TT - 18989, portion of Lot 3 |
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Term: |
Commencing on the written acceptance by an authorized agent of the District (the “Commencement Date”) as defined in the Lease, terminating 180 days after the District accepts dedication of the permanent site and permanent station |
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Rent: |
One lump sum payment of $494,249 |
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Custodial: |
Provided by the District |
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Maintenance: |
Provided by the District |
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Utilities: |
Provided by the District |
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Insurance: |
The Notice of Insurance, as required by the Lease, is on file with RESD |
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Holdover: |
Month-to-month basis upon the same provisions of the Lease, including the rent |
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Right to Terminate: |
The District may terminate with 90 days-notice any time beginning the sixth year following the Commencement Date. |
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Parking: |
Sufficient for Lessee needs |
The Lease was reviewed pursuant to the California Environmental Quality Act Guidelines and determined to be categorically exempt under Section 15301 -Existing Facilities (Class 1) based on the fact that Silverwood already built the temporary fire station on the leased premises and, therefore, it is an existing facility. Recommendation No. 5 directs the Director of the RESD to file the Notice of Exemption in accordance with CEQA.
PROCUREMENT
County Policy 12-02, Leasing Privately Owned Real Property for County Use provides that the Board may approve the use of an alternative procedure to the use of a formal Request for Proposal (RFP) whenever the Board determines that compliance with the formal RFP requirements would unreasonably interfere with the financial or programmatic needs of the County, or when the use of an alternative procedure would otherwise be in the best interests of the County. The Lease and temporary fire station best meets the needs of the District in providing public safety services to the population within the District’s boundaries of fire service. As provided in Recommendation No. 4, the Lease supports the social needs of the population of the County and the District pursuant to Government Code section 26227 and serves the District purposes of fire protection and the emergency response services identified in Health and Safety Code section 13862. The Lease enhances the public safety, health, and social services needs of County and District residents by supporting a leased fire station, enabling the District to respond more effectively in southern Hesperia. The temporary site will reduce response times and improve emergency outcomes for the Hesperia community.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II and Richard Luczak, Deputies County Counsel, 387-5455) on December 20, 2024; San Bernardino County Fire Protection District (Dan Munsey, Fire Chief/Fire Warden, 387-5952) on December 13, 2024; Purchasing (Ariel Gill, Supervising Buyer, 386-8046) on December 12, 2024; Finance (Ivan Ramirez, 387-4020, and Eduardo Mora, 387-4376 Administrative Analysts) on January 29, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on January 30, 2025
(LB: 453-5227)