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
License Amendment with the City of Ontario for Rack and Antenna Space in Ontario
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RECOMMENDATION(S)
Recommendation
1. Find that approval of Amendment No. 3 to License Agreement No. 09-77 with the City of Ontario, for rack space and antenna tower space is an exempt project under the California Environmental Quality Act Guidelines Section 15301 - Existing Facilities (Class 1).
2. Approve Amendment No. 3 to License Agreement No. 09-77 with the City of Ontario for the continued use of approximately 500 square feet of rack space and antenna tower space in Ontario at no cost, exercising the option to extend the term of the license five years for the period of February 1, 2024, through January 31, 2029.
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
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). There is no cost to San Bernardino County (County) for the use of rack space and antenna space during this five-year term extension. Other costs associated with the license include radio equipment maintenance costs, which are included in the 2023-24 Innovation and Technology Department (ITD) budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
On February 3, 2009 (Item No. 25), the Board of Supervisors (Board) approved License Agreement No. 09-77 (License) with the City of Ontario (City) for approximately 500 square feet of radio equipment space and antenna tower space to operate and maintain this communication facility for the period of October 1, 2008, through September 30, 2013, with three five-year options to extend the term of the license. The City provides the rack space and antenna space to the County at no fee in exchange for the maintenance the County provides for the facility that links the former member municipalities of the West End Communication Authority (WECA) to the 800 Mhz communication system linking first responders from each municipality across the western portion of the Inland Empire. The Board, on October 23, 2007, approved Agreement No. 07-910 that provided for the transfer of all WECA real and personal property assets to the County along with funding that was secured by WECA to upgrade the system. Agreement No. 07-910 requires the County to complete the upgrade and maintain and operate the system independent of the County’s Public Safety Communication System for a period of five years. In the absence of action by WECA to purchase the system from the County at the expiration of the agreed upon five-year period, the County has continued to maintain and operate the system and its members receive and pay for the County’s services.
On September 24, 2013 (Item No. 75), the Board approved Amendment No. 1 to the License to extend the term through September 30, 2018, and redefine the path of travel through the Ontario City Hall Annex. On January 29, 2019 (Item No. 29), the Board approved Amendment No. 2 to the License to extend the term through January 31, 2024, following a permitted four-month holdover for the period of September 1, 2018, through January 31, 2019.
ITD requested the Real Estate Services Department to prepare the recommended amendment to the License to extend the term for an additional five years through the County’s exercise of the final five-year extension option.
The project to approve Amendment No. 3 to the License was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15301 - Existing Facilities (Class 1) because there is no possibility that the licensing of the subject property will have a significant effect on the environment.
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Summary of License Terms |
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Licensor: |
City of Ontario (Scott Ochoa, City Manager) |
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Location: |
200 North Cherry Avenue, Ontario |
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Size: |
Approximately 500 square feet of rack space and antenna tower space |
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Term: |
Five years commencing February 1, 2024, through January 31, 2029 |
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Options: |
None |
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Rent: |
Radio communication services provided to the City in lieu of rent |
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Maintenance: |
Provided by County for all County equipment; City provides all other maintenance |
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Utilities: |
Provided by City |
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Insurance: Holdover: |
Both Parties are self-insured government entities Month-to-month basis upon the same provisions of the Lease |
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Right to Terminate: |
County and City each have the right to terminate with one-year written notice |
PROCUREMENT
The License is exempt from the procurement provisions of County Policy No. 12-02 - Leasing Privately Owned Real Property for County Use because the real property is owned by a public entity.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (John Tubbs II, Deputy County Counsel, and Bonnie Uphold, Supervising County Counsel, 387-5455) on October 4, 2023; Innovation and Technology Department (Tim Trager, Division Chief, 388-5563) on October 6, 2023; Purchasing (Ariel Gill, Supervising Buyer, 386-8046) on October 9, 2023; Finance (Iliana Rodriguez, 387-4205, and Garrett Baker, Administrative Analysts, 387-3077) on December 11, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on December 14, 2023.
(KB: 677-7961)