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File #: 13626   
Type: Consent Status: Passed
File created: 1/29/2026 Department: San Bernardino County Flood Control District
On agenda: 2/10/2026 Final action: 2/10/2026
Subject: Amendment to Revenue License Agreement with Cucamonga Valley Water District for Non-Exclusive Access to Flood Control District Land in Rancho Cucamonga
Attachments: 1. CON-FCD-RESD-021026-License Amd w Cucamonga Valley Water District 06-800 A2, 2. Item #44 Executed BAI, 3. 06-800 A-2 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT

AND RECORD OF ACTION

 

February 10, 2026

 

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 Cucamonga Valley Water District for Non-Exclusive Access to Flood Control District Land in Rancho Cucamonga

End

 

RECOMMENDATION(S)

Recommendation

Acting as the governing body of the San Bernardino County Flood Control District:

1.                     Find that approval of Amendment No. 2 to Revenue License Agreement No. 06-800 with the Cucamonga Valley Water District, for non-exclusive access to 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. 2 to Revenue License Agreement No. 06-800 with the Cucamonga Valley Water District, which includes the following:

a.                     Non-exclusive access to Flood Control District land from Sixth Street southerly to Wineville Avenue, in Rancho Cucamonga (Assessor’s Parcel Number 0229-331-03-0000).

b.                     Extend the term of the License for five years from March 1, 2026 through February 28, 2031, by exercising the first five-year extension option, following a permitted month-to-month holdover period for the period of June 1, 2025 through February 28, 2026.

c.                     Approval of an extended term fee of $71,135 that includes month-to-month fees in the amount of $8,805, increasing the total contracted revenue from $174,657 to $245,792.

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.

Promote and Fulfill the Countywide Vision.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost).  The total revenue of Amendment No. 2 (Amendment) to Revenue License Agreement No. 06-800 (License) includes $8,805 fees from month-to-month holdover period and $62,330 in rental payments totaling $71,135.  License revenues will be received by the Flood Control District (FCD) (1910002518).  Annual License revenues are as follows:

 

Year

Revenue

*June 1, 2025 - February 28, 2026

$8,805

March 1, 2026 - February 28, 2027

$11,740

March 1, 2027 - February 29, 2028

$12,092

March 1, 2028 - February 28, 2029

$12,455

March 1, 2029 - February 28, 2030

$12,829

March 1, 2030 - February 28, 2031

$13,214

Total Revenue

$71,135

                                 *Permitted holdover period

 

BACKGROUND INFORMATION

The recommended action will extend the License with Cucamonga Valley Water District (CVWD) for non-exclusive access to FCD Right-of-Way from Sixth Street southerly to Wineville Avenue in Rancho Cucamonga (Property).  The License allows CVWD to operate and maintain an 8” underground potable waterline within the FCD Right-of-Way.  The Amendment extends the term for the period from March 1, 2026 through February 28, 2031, adjusts the rental rate schedule and updates standard license agreement language.  All other License terms remain unchanged.

 

On August 1, 2006 (Item No. 27), the Board of Supervisors (Board) approved the License with CVWD for a 20-year term, from June 1, 2005 through May 31, 2025, with two five-year option extensions. 

 

On November 20, 2007 (Item No. 14), the Board approved Amendment No. 1 to add language pertaining to the FCD fee ordinance regarding the annual inspection fees.  All other License terms remain unchanged.

 

CVWD has remained in occupancy under the terms of the existing License for the period of June 1, 2025 through February 28, 2026.  The License went into holdover due to negotiating the terms of the extension with CVWD.  The Real Estate Services Department (RESD) continued discussions with CVWD to extend the term from March 1, 2026 through February 28, 2031.  All other terms and conditions of the License remain unchanged.

 

The Amendment 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 proposed Amendment secures property to operate within the existing structure with negligible or no expansion of existing use.  Accordingly, no further action is required under CEQA.

 

Summary of Licensee Terms

 

Licensee: 

Cucamonga Valley Water District

 

 

Location:

Day Creek Channel from Sixth Street southerly to Wineville Avenue in Rancho Cucamonga, (Assessor’s Parcel Number 0229-331-03-0000)

 

 

Size:

3,865 square feet

 

 

Term:

Five years

 

 

Options:

One remaining five-year option available

 

 

License Fee:

Annual: $11,740.00

 

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

 

 

Annual Increases:

Approximately 3%

 

 

Improvement Costs:

None

 

 

Custodial:

None

 

 

Maintenance:

Licensee Responsibility

 

 

Utilities:

None

 

 

Insurance:

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

 

 

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

 

 

Right to Terminate:

Either party may terminate this license at least 90-days prior to the date of termination

 

 

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 January 12, 2026; Flood Control District (Noel Castillo, Director, 387-7906) on January 9, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on January 7, 2026; and County Finance and Administration (Kathleen Gonzalez, 387-5412, and Eduardo Mora, 387-4376, Administrative Analysts) on January 26, 2026

 

(CM: 840-266-0977)