REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
December 16, 2025
FROM
NOEL CASTILLO, Chief Flood Control Engineer, Flood Control District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Amendment to License Agreement with City of Victorville for the non-exclusive use of Flood Control District Land in Victorville
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 License Agreement No. 95-908 with City of Victorville, for the non-exclusive use of Flood Control District land, is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class 1).
2. Approve Amendment No. 3 to License Agreement No. 95-908 with City of Victorville, for the continued non-exclusive use of Flood Control District land on the east bank of the Mojave River, South of Abbey Lane, (Assessor’s Parcel Number: 0472-061-35-0000), extending the term from January 1, 2026 through December 31, 2035, by City of Victorville exercising their third of four ten-year options to extend, following a permitted holdover period from October 17, 2025 through December 31, 2025, for no fee.
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 License Agreement No. 95-908 (License) will not result in the use of Discretionary General Funding (Net County Cost). This Amendment is non-financial in nature, as the City of Victorville provides an annual inspection report in lieu of license fees. Any administrative costs associated with this Amendment will be paid by the San Bernardino County Flood Control District (1940002532).
BACKGROUND INFORMATION
On October 17, 1995 (Item No. 39), the Board of Supervisors (Board) approved the License with the City of Victorville (formerly Victorville Sanitary District), at no cost for an initial 10-year term with four optional 10-year extensions. In the 30 years since the License was originally approved, the Board has approved two amendments to exercise the first option for 10 years from October 17, 2005 through October 16, 2015, and the second option for 10 years from October 17, 2015 through October 16, 2025. All other license terms remain unchanged.
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Amendment No. |
Approval Date |
Item No. |
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1 |
November 1, 2005 |
21 |
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2 |
October 6, 2015 |
81 |
On July 15, 2025, the Real Estate Services Department (RESD) initiated negotiations for Amendment No. 3, covering the next 10-year term from January 1, 2026 through December 31, 2035, following a permitted holdover period from October 17, 2025 through December 31, 2025. The reason for the permitted holdover period was due to continued contract negotiations. This Amendment allows for continued access to approximately 1,350 feet long and 15 feet wide strip of land to manage and operate a sewer line and updates the standard license agreement language. One 10-year option remains. All other terms and conditions of the License remain unchanged.
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 1) because the proposed License is to secure property to operate within the existing structure with negligible or no expansion of existing use. Accordingly, no further action is required under CEQA.
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Summary of Licensee Terms |
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Licensee: |
City of Victorville (Formerly Victorville Sanitary District) |
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Location: |
Along the east bank of FCD’s Mojave River, South of Abbey Lane (Assessor’s Parcel Number 0472-061-35-0000), Victorville |
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Size: |
1,350 feet long by 15 feet wide strip of land (approximately 20,250 square feet) |
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Term: |
10 years |
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Options: |
This Amendment exercises the third of four 10-year options, leaving one remaining |
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Rent: |
Monthly: $0.00 |
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Annual: $0.00 |
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Annual Increases: |
None |
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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 RESD |
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Holdover: |
Upon the end of the term, if permitted by Licensor, the License 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: |
For default |
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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 October 21, 2025; Flood Control District (Noel Castillo, Director, 387-7906) on October 17, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on October 16, 2025; and County Finance and Administration (Kathleen Gonzalez, 387-5412, and Eduardo Mora, 387-4376, Administrative Analysts) on November 25, 2025.
(CM: 840-266-0977)