REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
November 4, 2025
FROM
NOEL CASTILLO, Chief Flood Control Engineer, Flood Control District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Amendment to Revenue License Agreement with West Valley Water District for the Non-Exclusive Use of Flood Control District Right-of-Way in Rialto
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District:
1. Find that approval of Amendment No. 3 to Revenue License Agreement No. 13-229 with West Valley Water District, for the non-exclusive use of a San Bernardino County Flood Control District right-of-way in Rialto, is exempt under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class 1).
2. Approve Amendment No. 3 to Revenue License Agreement No. 13-229 with West Valley Water District, for the non-exclusive use of approximately 24,966 square feet of a San Bernardino County Flood Control District right-of-way situated along Cactus Basin No. 2, at the southwest corner of West Base Line Road and North Cactus Avenue intersection in Rialto (Assessor’s Parcel Number 0128-021-34-0000), extending the term for five-years pursuant to the first of two options to extend granted in the second amendment, from January 1, 2026, through December 31, 2030, with a term fee of $106,166, inclusive of the holdover amount of $29,399, following a permitted holdover period from September 1, 2023, through December 31, 2025, increasing the total from $103,965 to $210,131.
3. 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
Improve County Government Operations.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of Amendment No. 3 (Amendment) to Revenue License Agreement No. 13-229 (License) will not result in the use of Discretionary General Funding (Net County Cost). The total revenue to be received during this Amendment is $106,166. License revenues will be received by the County Flood Control District (FCD) (1920002522). Annual lease revenues are as follows:
|
Year |
Revenue |
|
*September 1, 2023 - December 31, 2025 |
$29,399 |
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January 1, 2026 - December 31, 2026 |
$14,173 |
|
January 1, 2027 - December 31, 2027 |
$14,740 |
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January 1, 2028 - December 31, 2028 |
$15,330 |
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January 1, 2029 - December 31, 2029 |
$15,943 |
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January 1, 2030 - December 31, 2030 |
$16,581 |
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Total Revenue |
$106,166 |
*Revenue collected during holdover period
BACKGROUND INFORMATION
The recommended action will amend the existing License, through the use of an available option, to extend the terms with West Valley Water District (WVWD), to extend the term for a period of January 1, 2026, through December 31, 2030, for the non-exclusive use of approximately 24,966 square feet of FCD right-of-way to operate and maintain three waterlines to spread water within the basin, situated along Cactus Basin No. 2, at the southwest corner of West Base Line Road and North Cactus Avenue intersection, [Assessor’s Parcel Number (APN) 0128-021-34-0000] in Rialto (Property).
On May 7, 2013 (Item No. 99), the Board of Supervisors (Board) approved the original License with WVWD in the amount of $40,524 for a five-year term, with three five-year option extensions. The original term of the License was for a period from April 1, 2013, through March 31, 2018. The first option was exercised in Amendment No. 2, which left two five-year options remaining. In the 12 years since the License was originally approved, the Board has approved two Amendments extending the term, adding option periods, updating notice addresses, and made improvements.
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Amendment No. |
Approval Date |
Item No. |
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1 |
March 7, 2017 |
68 |
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2 |
October 16, 2018 |
53 |
Approval of this Amendment is recommended to extend the terms of the License through the use of an available five-year option to extend the term for the period of January 1, 2026, through December 31, 2030. The reason for the permitted holdover was due to continued contract negotiations. All other terms and conditions of the License remain unchanged.
The project to approve the License was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under section 15301 - Class 1 Existing Facilities, because the License is to secure property to operate within the existing structure with negligible or no expansion of existing use.
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Summary of Licensee Terms |
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Licensee: |
West Valley Water District |
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Location: |
Southwest corner of West Base Line Road and North Cactus Avenue intersection in Rialto (APN 0128-021-34-0000) |
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Size: |
Approximately 24,966 square feet |
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Term: |
Five-years |
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Options: |
One remaining five-year option available |
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Rent: |
Monthly: $1,181 |
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Annual: $14,173 |
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*Mid-range for comparable facilities in the San Bernardino area per the competitive set analysis on file with the Real Estate Services Department (RESD) |
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Annual Increases: |
Approximately four percent |
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Improvement Costs: |
None |
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Custodial: |
None |
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Maintenance: |
Licensee responsibility |
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Utilities: |
None |
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Insurance: |
The Certificate of Liability Insurance, as required by the License, is on file with the RESD |
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Holdover: |
Upon the end of the term, if permitted by Licensor, the Licensee shall continue on a month to month term upon the same terms and conditions which existed at the time of expiration |
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Right to Terminate: |
Either party may terminate this License with at least 90 days prior to the date of termination |
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Parking: |
None |
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II and Sophie Curtis, Deputies County Counsel, 387-5455) on September 25, 2025; Flood Control District (Noel Castillo, Director, 387-7906) on September 30, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on October 2, 2025; and County Finance and Administration (Kathleen Gonzalez, 387-5412, and Eduardo Mora, Administrative Analysts, 387-4376) on October 17, 2025.
(CM: 840-266-0977)