REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
January 27, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
SUBJECT
Title
Amendment to License Agreement with the Mojave Desert Air Quality Management District for Use of County-Owned Property in Barstow.
End
RECOMMENDATION(S)
Recommendation
1. Find that approval of Amendment No. 3 to License Agreement No. 11-13 with the Mojave Desert Air Quality Management District for office and roof space is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class 1).
2. Find that approval of Amendment No. 3 to License Agreement No. 11-13 is in the public interest and that the license will not substantially conflict or interfere with the County’s use of the property.
3. Approve Amendment No. 3 to License Agreement No. 11-13 with the Mojave Desert Air Quality Management District to:
a. Exercise the existing five-year option to extend the term for the period of February 1, 2026 through January 31, 2031.
b. Add two automatic options to extend the term for additional periods of five years each, unless either party provides written notice of its intent not to extend at least six months prior to the expiration of the then-current term.
c. Update standard license agreement language for the use of approximately 125 square feet of office space and 625 square feet of roof space, for the operation and maintenance of air quality monitoring equipment at County-owned office building located at 301 E. Mountain View Street in Barstow, at no cost.
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 EXECUTE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). There is no cost or revenue associated with Amendment No. 3 (Amendment) to License Agreement 11-13 (License). The County will not be reimbursed for Mojave Desert Air Quality Management District’s (MDAQMD) prorated share of utilities, maintenance and janitorial expenses as such costs are minimal. The benefit provided to MDAQMD is estimated at $5,948 per year.
BACKGROUND INFORMATION
The recommended action will amend the existing License with MDAQMD to find that the License with MDAQMD is in the public’s interest and will not substantially conflict or interfere with County’s use of the property; extend the term of the License five years for the period of February 1, 2026 through January 31, 2031, add two five-year automatic options to extend the term of the License, unless either party elects not to extend by providing written notice to the other party at least six months prior to the expiration of the then-current term; and update standard license agreement language for MDAQMD’s use of approximately 125 square feet of office space and 625 square feet of roof space at County-owned office building in Barstow, for the operation and maintenance of air quality monitoring equipment.
Since 1993, the Board of Supervisors (Board) has approved MDAQMD to operate and maintain the air quality monitoring station at the County-owned complex in Barstow. On January 11, 2011 (Item No. 41), the Board approved the five-year License, with one five-year option to extend the term of the License with MDAQMD for approximately 125 square feet of office space and 625 square feet of roof top space to mount equipment to operate and maintain an air quality monitoring station located at 301 E. Mountain View Street, in Barstow. The original term of the License was from January 1, 2011 through December 31, 2015. In the 15 years since the License was originally approved, the Board has approved two amendments to extend the terms of the License and update standard license agreement language.
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Amendment No. |
Approval Date |
Item No. |
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1 |
December 15, 2015 |
48 |
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2 |
January 26, 2021 |
52 |
The proposed License was reviewed pursuant to the California Environmental Quality Act and determined to be categorically exempt under Section 15301 - Existing Facilities (Class 1) because the License of an existing building secures property to operate within the existing structure with negligible or no expansion of existing use.
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Summary of License Terms |
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Lessee: |
Mojave Desert Air Quality Management District |
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Brad Poiriez, Executive Director |
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Location: |
301 E. Mountain View Street, Barstow |
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Size: |
Approximately 125 square feet of office space and 625 square feet of roof space |
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Term: |
Five years commencing February 1, 2026 through January 31, 2031 |
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Options: |
Two five-year options to extend the term unless either party gives at least six months’ written notice before the end of the current term |
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Rent: |
None |
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Annual Increases: |
None |
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Improvement Costs: |
None |
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Custodial: |
Provided by County |
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Maintenance: |
Provided by County |
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Utilities: |
Provided by County |
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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 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 180 days’ notice |
PROCUREMENT:
Pursuant to California Government Code Section 25526.6, the Board may grant licenses for use of any County-owned property to the state, or to any county, city, district, or public agency or corporation, or to any public utility corporation in the manner and upon the terms and conditions as the Board determines, upon a finding by the Board that the licenses are in the public interest and that the licenses will not substantially conflict or interfere with the County’s use of the property.
REVIEW BY OTHERS:
This item has been reviewed by County Counsel (John Tubbs, II, Deputy County Counsel, 387-5455) on December 16, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on December 18, 2025; and County Finance and Administration (Eduardo Mora, Administrative Analyst, 387-4376) on January 9, 2026
(LB: 453-5227)