REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT
AND RECORD OF ACTION
September 10, 2024
FROM
DAN MUNSEY, Fire Chief/Fire Warden, San Bernardino County Fire Protection District
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
License Agreement with Arrowhead Lake Association for a Fire Safety Dock in Lake Arrowhead
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of the San Bernardino County Fire Protection District:
1. Find that approval of a License Agreement with Arrowhead Lake Association for a fire safety dock is an exempt project under the California Environmental Quality Act Guidelines Section 15301 - Existing Facilities (Class 1).
2. Approve the Real Estate Services Department’s use of an alternative procedure in lieu of a formal Request for Proposals, as allowed per Policy No. 12-02 - Leasing Privately Owned Real Property for County Use, for the use of approximately 9,531 square feet of property, including an existing dock located near 870 North Highway 173 in Lake Arrowhead, for the construction and use of a fire safety dock for the San Bernardino County Fire Protection District, for the 10 year period of September 10, 2024 through September 9, 2034, with two five-year options to extend the License Agreement.
3. Approve a License Agreement with Arrowhead Lake Association, for the use of approximately 9,531 square feet of property, including an existing dock located near 870 North Highway 173 in Lake Arrowhead, for the construction and use of a fire safety dock for the San Bernardino County Fire Protection District, for the 10 year period of September 10, 2024 through September 9, 2034, with no fee for the use of the premises, and with improvements to expand the existing dock at the San Bernardino County Fire Protection District’s sole expense, managed by San Bernardino County’s Project and Facilities Management Department, and funded by the Capital Improvement Program, with said improvements becoming the property of Arrowhead Lake Association upon termination of the License Agreement.
4. 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.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as there is no fee associated with this 10-year license agreement. It is anticipated that the San Bernardino County Fire Protection District’s (District) use of the premises will result in more efficient fire services and response times in the Lake Arrowhead area, thereby benefiting the Arrowhead Lake Association (Association). The license agreement will also allow the District to make improvements to the existing dock at the premises and construct a fire safety dock. The estimated cost for the improvements is $283,127 and will be paid for by the District. Upon termination of the license agreement, any improvements the District makes to the existing dock shall become the property of the Association. Upon expiration or termination of the license agreement, the Association may also, at their sole discretion, elect to require District to remove any or all such improvements at District’s sole expense.
BACKGROUND INFORMATION
The District serves Lake Arrowhead at Fire Station 92 with fire safety Boat 92. Boat 92 currently sits on Lake Arrowhead at a dock loaned to the District by the Association, which requires repairs and lacks security. The District and the Project and Facilities Management Department (PFMD) received approval for a Capital Improvement Program (CIP) project (No. 23-031) allowing for repairs and an extension of the existing dock located near 870 North Highway 173 in Lake Arrowhead (Property). The improvements outlined in the approved CIP include the fabrication of a canopy to cover the entire dock, fabrication of a walkway and gangway, and the construction of a lockable gate at the front of the walkway.
The District requested that the Real Estate Services Department (RESD) prepare a license agreement (License) with the Association for the District’s use of approximately 9,531 square feet of the Property for the fire safety dock. The License will allow the District access to the Premises for 10 years, commencing upon execution by both parties and terminating 10 years later, with two five-year options to extend the term of the License. The improvements to the existing dock will remain the property of the District during the term of the License. Upon termination of the License, the improvements shall become the property of the Association, and the Association may require the District to remove any or all such improvements following expiration or termination of the License.
The project to approve the License was reviewed pursuant to the California Environmental Quality Act and determined to be categorically exempt under Guidelines Section 15301 - Existing Facilities (Class 1) and consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
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Summary of License Terms |
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Licensor: |
Arrowhead Lake Association Mike Pate General Manager |
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Location: |
870 North Highway 173, Lake Arrowhead, CA 92352 |
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Size: |
Approximately 9,531 square feet of property, including an existing dock |
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Term: |
10 years, September 10, 2024 through September 9, 2034 |
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Options: |
Two five-year options to extend the term of the License |
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Rent: |
None |
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Maintenance: |
Provided by the District |
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Insurance: |
The Certificate of Liability Insurance as required by the License will be obtained by RESD prior to occupancy |
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Holdover: |
Month-to-month basis upon the same provisions of the License |
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Right to Terminate: |
District has the right to terminate with 90-days’ notice |
PROCUREMENT
This item recommends that the District’s Board of Directors (Board) approve the License with the Association through the use of an alternative procedure as permitted in exception to Policy No. 12-02 - Leasing Privately Owned Real Property for County Use (Policy). This Policy exception provides that the Board may approve the use of an alternative procedure to the use of a formal Request for Proposals (RFP) whenever the Board determines that compliance with the formal RFP requirements would unreasonably interfere with the financial or programmatic needs of the District, or when the use of an alternative procedure would otherwise be in the best interests of the District. The District’s use of the Property for the consideration identified in the License serves various District purposes as provided in Health and Safety Code section 13800 et seq., including the provision of services related to the protection of lives and property identified in Health and Safety Code section 13862, and best meets the needs for providing fire safety services in the Lake Arrowhead area.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, Deputy County Counsel, and Scott Runyan, Principal Assistant County Counsel, 387-5455) on August 12, 2024; San Bernardino County Fire Protection District (Bertral Washington, Deputy Fire Chief, 387-5779) on July 9, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on July 8, 2024; Finance (Ivan Ramirez, 387-4020, and Garrett Baker, 387-3077, Administrative Analysts) on August 19, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on August 21, 2024.
(YG: 665-0268)