REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
November 19, 2024
FROM
NOEL CASTILLO, Chief Flood Control Engineer, Flood Control District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Amendment to Revenue Lease Agreement with Judy Ying Ng, Trustee of the George Ng and Judy Ying Ng Trust dated September 11, 1991, for use of Land in San Bernardino
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Flood Control District:
1. Find that approval of Amendment No. 4 to Revenue Lease Agreement No. 06-292 with Judy Ying Ng, Trustee of the George Ng and Judy Ying Ng Trust dated September 11, 1991, for use of land in San Bernardino is an exempt project under the California Environmental Quality Act Guidelines Section 15301 - Existing Facilities (Class 1).
2. Approve Amendment No. 4 to Revenue Lease Agreement No. 06-292, under San Bernardino County Code Section 18.0103, with Judy Ying Ng, Trustee of the George Ng and Judy Ying Ng Trust dated September 11, 1991, to extend the term, adjust the rental schedule, and update standard lease agreement language, for the use of approximately 0.086 acres of San Bernardino County Flood Control District-owned land, located south of Central Avenue and parallel to Lytle Creek Channel and South E Street in the City of San Bernardino, to be used as a parking lot, for the period of January 1, 2025, through December 31, 2029, in the amount of $30,960.
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.
FINANCIAL IMPACT
Approval of this item will not require Discretionary General Funding (Net County Cost). The total revenue anticipated to be received by the San Bernardino County (County) Flood Control District (FCD) during the five-year amendment period is $30,960. Revenue will be deposited in FCD’s Zone 2 fund (1920002522). Annual revenue effective January 1, 2025, is as follows:
|
Year |
Annual Lease Revenue |
|
January 1, 2025 - December 31, 2025 |
$5,724 |
|
January 1, 2026 - December 31, 2026 |
$5,940 |
|
January 1, 2027 - December 31, 2027 |
$6,180 |
|
January 1, 2028 - December 31, 2028 |
$6,432 |
|
January 1, 2029 - December 31, 2029 |
$6,684 |
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Total Revenue |
$30,960 |
BACKGROUND INFORMATION
The recommended action will amend Lease Agreement No. 06-292 (Lease) with Judy Ying Ng, Trustee of George Ng and Judy Ying Ng Trust dated September 11, 1991 (Ng), to extend the term of the Lease for five years for the period of January 1, 2025, through December 31, 2029, adjust the rental rate schedule, and update standard lease agreement language for Ng’s use of approximately 0.086 acres of FCD-owned land in the City of San Bernardino as a parking lot.
On April 18, 2006 (Item No. 45), the Board of Supervisors (Board) approved a five-year Lease with three five-year options to extend the term of the Lease with (Ng) for the use of approximately 0.086 acres of FCD-owned land as a parking lot. The original term of the Lease was for the period of January 1, 2005, through December 31, 2009. In the 20 years since the Lease was originally approved, the Board has approved three amendments extending the term through December 31, 2024, adjusting the rental schedule, and updating standard lease agreement language.
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Amendment No. |
Approval Date |
Item No. |
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1 |
January 12, 2010 |
71 |
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2 |
December 16, 2014 |
81 |
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3 |
November 5, 2019 |
41 |
FCD requested that the Real Estate Services Department (RESD) prepare the amendment to extend the term of the Lease for the period of January 1, 2025, through December 31, 2029, adjust the rental rate, and update the standard lease agreement language. All other terms and conditions of the Lease remain unchanged, including that either party may terminate the Lease by giving 90-days’ notice.
The proposed amendment was reviewed pursuant to the California Environmental Quality Act and determined to be categorically exempt under Section 15301 - Existing Facilities (Class 1) because the amendment of an existing Lease secures property to operate within the existing structure with negligible or no expansion of existing use.
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Summary of Lease Terms |
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Lessee: |
Judy Ying Ng, Trustee of the George Ng and Judy Ying Ng Trust dated September 11, 1991 |
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Location: |
South of Central Avenue and parallel to Lytle Creek Channel and South E Street, San Bernardino |
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Size: |
Approximately 0.086 acres |
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Term: |
Five years, commencing January 1, 2025, and terminating December 31, 2029 |
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Options: |
None |
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Fees: |
Monthly: $477 Annual: $5,724 |
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Annual Increases: |
4% |
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Custodial: |
Provided by Lessee |
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Maintenance: |
Provided by Lessee |
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Insurance: |
The Certificate of Liability Insurance, as required by the lease, is on file with RESD |
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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 |
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Right to Terminate: |
Either party has the right to terminate with 90-days’ written notice |
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, and Sophie A. Curtis, Deputies County Counsel, 387-5455) on October 1, 2024; Flood Control District (Grant Mann, Deputy Director, 387-7918) on October 2, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on October 2, 2024; Finance (Garrett Baker, 387-3077, and Jessica Trillo, Administrative Analysts, 387-4222) on October 24, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on November 1, 2024.
(LB: 453-5227)