REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
January 27, 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 Crown Castle Fiber, LLC for Non-Exclusive Access to Flood Control District 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. 3 to Revenue License Agreement No. 07-987 with Crown Castle Fiber, LLC, for non-exclusive access to Flood Control District land, is exempt under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class 1).
2. Approve Amendment No. 3 to Revenue License Agreement No. 07-987 with Crown Castle Fiber, LLC, approving assignment of the License from Sunesys, LLC to Crown Castle Fiber, LLC, for non-exclusive access to Flood Control District land South of Kendall Drive running parallel to Cable Creek Channel in San Bernardino (Assessor’s Parcel Number 0266-031-04-0000), pursuant to the exercise of the third five-year extension option, for the period of March 1, 2026 through February 28, 2031, following a permitted holdover period of July 18, 2022 through February 28, 2026, for an extended term fee of $13,471, including month-to-month fees in the amount of $5,158 and rental fees of $8,313, increasing the total contracted revenue from $17,106 to $30,577.
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 this item will not result in the use of Discretionary General Funding (Net County Cost). The total anticipated revenue associated with Amendment No. 3 (Amendment) for Revenue License Agreement No. 07-987 (License) includes $5,158 license fees from month-to-month occupancy and $8,313 in rental payments, totaling $13,471. Revenue will be received by the Flood Control District (FCD) (1920002522). Total revenue is as follows:
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License Period |
Annual License Fee |
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*July 18, 2022 - February 28, 2026 |
$5,158 |
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March 1, 2026 - February 28, 2027 |
$1,566 |
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March 1, 2027 - February 29, 2028 |
$1,613 |
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March 1, 2028 - February 28, 2029 |
$1,661 |
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March 1, 2029 - February 28, 2030 |
$1,711 |
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March 1, 2030 - February 28, 2031 |
$1,762 |
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Total Revenue |
$13,471 |
*Permitted holdover period
BACKGROUND INFORMATION
On November 6, 2007 (Item No. 106), the Board of Supervisors (Board) approved the License with Sunesys, LLC for a five-year term, from July 18, 2007 through July 17, 2012, with three five-year option extensions. In nearly 20 years since the License was originally approved, the Board approved two amendments via option extensions for five years. During the term of the License, Sunesys, LLC was acquired by Crown Castle Fiber, LLC (Crown Castle), and has assumed all responsibilities of the agreement. All other License terms remain unchanged.
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Amendment No. |
Approval Date |
Item No. |
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1 |
July 10, 2012 |
58 |
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2 |
August 22, 2017 |
61 |
The recommended action will approve the assignment of the License from Sunesys, LLC to Crown Castle, and extend the License with Crown Castle for non-exclusive access to FCD Right-of-Way from South of Kendall Drive running parallel to Cable Creek Channel in San Bernardino (Property). The License allows for Crown Castle to operate and maintain an underground fiber optic conduit running parallel to 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.
The cause of the permitted holdover was due to Crown Castle’s acquisition and reorganization of operations for the period of July 18, 2022 through February 28, 2026. The Real Estate Services Department (RESD) has continued discussions with Crown Castle to extend the term from March 1, 2026 through February 28, 2031. 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 - Class 1 Existing Facilities 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: |
Crown Castle Fiber, LLC |
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Location: |
South of Kendall Drive running parallel to Cable Creek Channel in San Bernardino, (Assessor’s Parcel Number 0266-031-04-0000) |
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Size: |
590 lineal feet |
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Term: |
Five-years |
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Options: |
None |
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Rent: |
Annual: $1,566.00 |
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*High-range for comparable facilities in the San Bernardino area per the competitive set analysis on file with RESD |
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Annual Increases: |
Approximately 3% |
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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 Licensee 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 may terminate this license at least 90-days prior to the date of termination |
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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 December 16, 2025; Flood Control District (Noel Castillo, Director, 387-7906) on December 17, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on December 18, 2025; and County Finance and Administration (Kathleen Gonzalez, 387-5412, and Eduardo Mora, 387-4376, Administrative Analysts) on January 9, 2026.
(CM: 840-266-0977)