REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 9, 2024
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
LYNN FYHRLUND, Chief Information Officer, Innovation and Technology Department
SUBJECT
Title
Revenue License Agreement for Rack and Antenna Space with Omnitrans
End
RECOMMENDATION(S)
Recommendation
1. Find that approval of a five-year revenue License Agreement with Omnitrans for rack and antenna space is an exempt project under the California Environmental Quality Act Guidelines Section 15301 - Existing Facilities (Class 1).
2. Find that pursuant to California Government Code Section 25526.6, the grant of a license to Omnitrans, a public transportation agency, for the use of a portion of rack and antenna space at the San Bernardino County-owned equipment shelter and antenna tower located at Little Mountain Communication Site, to operate Omnitrans’ wireless communication equipment is in the public interest and that the license will not substantially conflict or interfere with San Bernardino County’s use of the site.
3. Approve and ratify a five-year revenue License Agreement with Omnitrans, commencing retroactively from January 1, 2023 through December 31, 2027, for the use of a portion of rack space and antenna space at the San Bernardino County-owned equipment shelter and antenna tower located at Little Mountain Communication Site in San Bernardino for Omnitrans’ continued maintenance and operation of wireless communication equipment, for total revenue in the amount of $52,441.
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.
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 revenue to be received by San Bernardino County (County) during this five-year revenue License Agreement (License) is $52,441. The revenue will be deposited in the Real Estate Services Department (RESD) Rents budget (7810001000). Annual license revenue is as follows:
|
Year |
Annual Revenue |
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January 1, 2023 - December 31, 2023 |
$10,186* |
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January 1, 2024 - December 31, 2024 |
$10,025 |
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January 1, 2025 - December 31, 2025 |
$10,376 |
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January 1, 2026 - December 31, 2026 |
$10,739 |
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January 1, 2027 - December 31, 2027 |
$11,115 |
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Total Revenue |
$52,441 |
*Includes a one-time contract administration charge of $500
BACKGROUND INFORMATION
This new License with Omnitrans, which commences and is retroactive from January 1, 2023, through December 31, 2027, will allow Omnitrans to continue its use of rack and antenna space located at the County-owned Little Mountain Communication Site (Site) in San Bernardino for Omnitrans to operate its wireless communication equipment.
On December 19, 2017 (Item No. 44), the Board of Supervisors (Board) approved the five-year License, for the period of January 1, 2018, through December 31, 2022, with Omnitrans for the use of County-owned rack and antenna space (Space) at the Site to install, maintain, and operate a communications system for Omnitran’s rapid public bus commuter system in the City of San Bernardino.
Mid-year of 2022, Omnitrans contacted the Real Estate Services Department (RESD) and indicated that it would not renew the License with the County for Space as a different technology for its communication system was being considered. However, later in 2022, Omnitrans requested the County Innovation and Technology Department (ITD) consider its continued use of Space at the Site. ITD requested RESD to negotiate a new License for Omnitrans as there were no renewal options available in the existing License. A site visit was conducted to verify the radio equipment and the locations of the antennas. Prolonged negotiations regarding terms and provisions of the License ensued, and the License went into holdover which delayed presentation of the License for Board approval.
The project to approve the License with ITD was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Guidelines Section 15301 - Existing Facilities (Class 1) because approval of a license agreement for existing facilities is an exempt activity under CEQA. There is negligible or no expansion of existing or former use and no possibility that the licensing of the subject property will have a significant effect on the environment; therefore, the activity is exempt from the provisions of CEQA.
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Summary of License Terms |
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Licensee: |
Omnitrans |
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Location: |
Little Mountain Communications Site in San Bernardino |
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Size: |
Rack and Antenna Space |
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Term: |
Five years, commencing and retroactive to January 1, 2023, through December 31, 2027 |
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Options: |
None |
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Rent: |
Monthly: $807 |
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Annual: $9,686 |
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*Mid-range for comparable facilities in the San Bernardino area per the competitive set analysis on file with RESD |
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Annual Increases: |
3.5% |
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Improvement Costs: |
Provided by Licensee |
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Maintenance: |
Provided by County for County’s equipment shelter and antenna tower; provided by Licensee for Licensee’s equipment |
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Utilities: |
Provided by County for electric but reimbursed through the rental rate |
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Insurance: |
Both parties are self-insured public entities |
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Holdover: |
Upon the end of the term, if permitted by Licensor the License may 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: |
Both parties have the right to terminate with 60-days’ prior written notice; in the event of termination of the License by the Licensee, County, at its sole option may allow a holdover of 120 days for removal of Licensee’s equipment |
PROCUREMENT
Pursuant to California Government Code Section 25526.6, the Board may grant licenses for use of any County property to a public agency in the manner and upon the terms and conditions as the Board determines, upon a finding by the Board that the License is in the public interest and that the License 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, Deputy County Counsel, and Bonnie Uphold, Supervising Deputy County Counsel, 387-5455) on November 30, 2023; Innovation and Technology (Tim Trager, Chief of Public Safety Communications Division, 388-5563) on December 5, 2023; Purchasing (Ariel Gill, Supervising Buyer, 386-8046) on December 6, 2023; Finance (Iliana Rodriguez, Administrative Analyst, 387-4205, and Garrett Baker, Administrative Analyst, 387-3077) on December 13, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on December 14, 2023.
(KB: 677-7961)