Legislation Details

File #: 9357   
Type: Consent Status: Passed
File created: 12/27/2023 Department: Real Estate Services
On agenda: 1/9/2024 Final action: 1/9/2024
Subject: Revenue License Agreement for Rack and Antenna Space with Omnitrans
Attachments: 1. CON-RESD-ITD-010924-License Agmt w Omnitrans, 2. Item #39 Executed BAI, 3. 24-37 Executed Contract

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

January 1, 2023 - December 31, 2023

$10,186*

January 1, 2024 - December 31, 2024

$10,025

January 1, 2025 - December 31, 2025

$10,376

January 1, 2026 - December 31, 2026

$10,739

January 1, 2027 - December 31, 2027

$11,115

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.

 

Summary of License Terms

 

Licensee: 

Omnitrans

 

 

Location:

Little Mountain Communications Site in San Bernardino

 

 

Size:

Rack and Antenna Space

 

 

Term:

Five years, commencing and retroactive to January 1, 2023, through December 31, 2027

 

 

Options:

None

 

 

Rent:

Monthly: $807

 

Annual:  $9,686

 

*Mid-range for comparable facilities in the San Bernardino area per the competitive set analysis on file with RESD

 

 

Annual Increases:

3.5%

 

 

Improvement Costs:

Provided by Licensee

 

 

Maintenance:

Provided by County for County’s equipment shelter and antenna tower; provided by Licensee for Licensee’s equipment

 

 

Utilities:

Provided by County for electric but reimbursed through the rental rate

 

 

Insurance:

Both parties are self-insured public entities

 

 

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

 

 

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)