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File #: 12091   
Type: Consent Status: Passed
File created: 4/29/2025 Department: Real Estate Services
On agenda: 5/6/2025 Final action: 5/6/2025
Subject: Amendment to Lease Agreement with Tellez, Francisco J. for Real Property in San Bernardino
Attachments: 1. CON-RESD-CFS-042925- Lease Amd w Francisco J Tellez -21-195 A1, 2. Item #36 Executed BAI, 3. 21-195 A-1 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

May 6, 2025

 

FROM

TERRY W. THOMPSON, Director, Real Estate Services Department

JEANY GLASGOW, Director, Children and Family Services

         

SUBJECT                      

Title                     

Amendment to Lease Agreement with Tellez, Francisco J. for Real Property in San Bernardino

End

 

RECOMMENDATION(S)

Recommendation

1.                     Find that approval of Amendment No. 1 to Lease Agreement No. 21-195 with Tellez, Francisco J. for real property is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class I).

2.                     Approve Amendment No. 1 to Lease Agreement No. 21-195 with Tellez, Francisco J., to extend the term of the lease by three years, for the period of June 1, 2025, through May 31, 2028, following a permitted holdover period from February 1, 2022, through May 31, 2025, at a cost of $117,750, adjust the rental rate schedule, and update standard lease agreement language for approximately 19,840 square feet of land improved with an approximately 1,826 square foot single-family home located at 4070 Acre Lane in San Bernardino, in the amount of $250,366, for a new total contract amount of $283,966.

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

Operate in a Fiscally-Responsible and Business-Like Manner.

Provide for the Safety, Health and Social Service Needs of County Residents.

 

FINANCIAL IMPACT

Approval of Amendment No. 1 (Amendment) to Lease Agreement No. 21-195 (Lease) will not result in the use of Discretionary General Funding (Net County Cost).  The total cost for this three-year Lease, including the three-year and four-month holdover is $250,366, which includes a security deposit of $2,800 that was already paid with the original lease.  Additional costs associated with this Lease include utilities and routine interior and landscaping maintenance, which will be paid out of the Human Service (HS) Administrative Claim budget (5011101000).  Lease payments will be made from the Real Estate Services Department (RESD)-Rents budget (7810001000) and reimbursed from the Human Service (HS) Administrative Claim budget (5011101000).  The HS Administrative Claim budget is funded by 85% Federal/State funding and 15% Local Share (which is a blend of Realignment, Wraparound Reinvestment and Net County Cost).  Sufficient appropriation is included in the 2024-25 RESD & HS budgets and will be included in future recommended budgets.

 

Lease schedule is as follows:

 

Lease Year

Annual Lease Cost

Estimate of Other Costs Associated With This Lease

*Security Deposit

$2,800

$0

**February 1, 2022 - June 30, 2023

$47,600

$25,809

**July 1, 2023 - May 31, 2025

$70,150

$40,472

June 1, 2025 - May 31, 2026

 $42,000

$29,537

June 1, 2026 - May 31, 2027

 $43,260

 $30,423

June 1, 2027 - May 31, 2028

 $44,556

 $31,336

Total Lease Cost:

$250,366

$157,577

     *Security Deposit was already paid in 2021

     **Holdover Period

 

BACKGROUND INFORMATION

On November 19, 2020, Children and Family Services (CFS) requested that RESD negotiate a Lease with Tellez, Francisco J. for the period of one year, to provide an isolation and quarantine residence to protect the safety of CFS children and staff in response to the COVID-19 pandemic.

 

On March 9, 2021 (Item No.18), the Board of Supervisors (Board) ratified the Lease with Tellez, Francisco J, for real property and improvements, located at 4070 Acre Lane in San Bernardino (Premises), consisting of approximately 19,840 square feet of land [Assessor’s Parcel Number (APN) 0271-021-19-0000] improved with an approximately 1,826 square foot unfurnished, single-family home for use as a COVID-19 isolation and quarantine residence for CFS, for the period of February 1, 2021, through January 31, 2022, in the amount of $33,600, which included a security deposit of $2,800, and was signed by the Chief Executive Officer (CEO) pursuant to delegated authority due to the COVID-19 pandemic.  County Counsel reviewed the Lease, and it was signed by the CEO on January 27, 2021.

 

Approval of the Amendment will extend the term by three years, following a permitted holdover period from February 1, 2022, through May 31, 2025, for the Premises.  The holdover period was due to the original use of the property being for CFS’s need for quarantine to protect CFS children and staff from the COVID-19 pandemic.  As the pandemic continued, CFS continued the use of the residence for quarantine, but it was unclear at the time how long the pandemic would continue.  Now CFS has a continued need of the Premises for a children’s care residence, to assist with housing at-risk children.  The Amendment will also update the rental rate schedule and standard lease agreement language

 

The project to approve the Amendment was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15301 - Existing Facilities (Class I), because there is no possibility that the leasing of the subject property will have a significant effect on the environment.  Accordingly, no further action is required under CEQA.

 

Summary of Lease Terms

 

Lessor: 

Tellez, Francisco J, Owner

 

 

Location:

4070 Acre Lane, San Bernardino, CA 91784

 

 

Size: 

Approximately 19,840 square feet of land improved with an approximately 1,826 square foot single-family home 

 

 

Term:

Three years, commencing on June 1, 2025

 

 

Options:

One (1) two-year option to extend the term

 

 

Rent:

Cost per square foot per month:  $1.92

 

Monthly:   $3,500

 

Annual:  $42,000

 

*Mid-range for comparable facilities in the San Bernardino area per the competitive set analysis on file with RESD

 

 

Annual Increases:

3%

 

 

Improvement Costs:

Provided by County

 

 

Custodial:

Provided by County

 

 

Maintenance:

Minor interior maintenance provided by County

 

 

Utilities:

Provided by County

 

 

Insurance:

The Certificate of Liability Insurance, as required by the Lease, is on file with RESD

 

 

Holdover:

Upon the end of the term, if permitted by Lessor the Lease shall continue on a month-to-month term upon the same terms and conditions which existed at the time of expiration

 

 

Right to Terminate:

Either party has the right to terminate this lease with 90-days’ notice to the other party

 

 

Parking:

Sufficient for County needs

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (John Tubbs II, and Daniella Hernandez, Deputies County Counsel, 387-5455) on April 28, 2025; Children and Family Services (Jeany Glasgow, Director, 387-2792) on March 12, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on March 10, 2025; Finance (John Hallen, 388-0208, and Eduardo Mora, 387-4376, Administrative Analysts) on April 8, 2025; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on April 14, 2025.

 

(BR: 531-2674)