Legislation Details

File #: 14243   
Type: Consent Status: Passed
File created: 5/28/2026 Department: Real Estate Services
On agenda: 6/9/2026 Final action: 6/9/2026
Subject: License Agreement with American Red Cross for Rack and Antenna Space at Onyx Peak Communications Site Near Big Bear
Attachments: 1. ADD-COV-RESD-ITD-060926-License w American Red Cross, 2. R1-CON-RESD-ITD-060926-License w American Red Cross

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

June 9, 2026

 

FROM

TERRY W. THOMPSON, Director, Real Estate Services Department

DON LE, Interim Chief Information Officer, Innovation and Technology Department 

         

SUBJECT                      

Title                     

License Agreement with American Red Cross for Rack and Antenna Space at Onyx Peak Communications Site Near Big Bear

End

 

RECOMMENDATION(S)

Recommendation

1.                     Find that approval of a License Agreement with American Red Cross, for the non-exclusive use of Rack and Antenna Space at Onyx Peak Communications Site near Big Bear, is an exempt project under the California Environmental Quality Act Guidelines, Section 15301 - Existing Facilities (Class 1).

2.                     Find that the conveyance of a license to American Red Cross is in the public interest, serves a public health and safety purpose, is in the best interest of county residents and will not substantially conflict or interfere with the County’s use of the property.

3.                     Approve License Agreement with American Red Cross for the non-exclusive use of Rack and Antenna Space at Onyx Peak Communications Site (Assessor’s Parcel Number 0305-201-05-0000) near Big Bear, for the term commencing July 1, 2026 through June 30, 2031, under the following terms:

a.                     Standard rack space and antenna space fees are waived for the duration of the License Agreement in consideration of the public benefit provided by the American Red Cross’ emergency communications capabilities.

b.                     The License Agreement includes three automatic five-year extension options under the same terms and conditions.

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

Promote and Fulfill the Countywide Vision.

Improve County Government Operations.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of Discretionary General Funding (Net County Cost).  There is no revenue or cost associated with this five-year License Agreement (License) for the use of radio equipment, rack space, and antenna tower space located at Onyx Peak Communication Site (Assessor’s Parcel Number: 0305-201-05-0000) near Big Bear (Premises).  Administrative costs will be reimbursed by the Real Estate Services Department (RESD) Rents budget unit (7812001000).  This action does not involve a federal program or use of any federal funds.

 

BACKGROUND INFORMATION

Approval of this item will provide rack space and antenna tower space at no cost to the American Red Cross (ARC) at the Premises to support recovery operations following a catastrophic event such as earthquake or wildfire.

 

The Innovation and Technology Department (ITD) provides a variety of contract communication services to local municipalities in support of the County’s public safety communication network.  These contract services include leasing available space at County-maintained communications facilities for placement of client-owned equipment, providing point-to-point microwave communications circuits, and maintenance of client-owned public safety radio equipment.

 

The County customarily charges fees for the use of communications facilities; however, such fees may be waived when the use provides a direct public benefit to county residents.  ARC operates an emergency communications system that supports disaster response and recovery efforts throughout California, including San Bernardino County.  The waiver of standard fees under this License is justified based on the public safety and emergency response benefits provided by ARC.

 

In June 2010, ARC requested the use of radio equipment rack space and antenna tower space at the County-maintained Onyx Peak Communications Site to support the implementation of a regional emergency communications system designed to facilitate disaster response and recovery operations throughout California.  The system connects multiple ARC chapters from Sacramento to San Diego, with the Onyx Peak site serving as a critical component of this network.

 

The Board of Supervisors previously approved a series of license agreements with ARC for this use, including License Agreement No. 11-788, approved on November 1, 2011 (Item No. 37), for a four-year term, and License Agreement No. 17-214, approved on April 18, 2017 (Item No. 43), for a five-year term.  License Agreement No. 17-214 expired April 30, 2022, and remained in holdover through June 30, 2026.  The reason for holdover was due to timing associated with negotiations and administrative processing.  The recommended License will replace the prior agreements and continue to support ARC’s emergency communications operations at the Premises.

 

The recommended action will approve the License with ARC for the non-exclusive use of rack and antenna space located at the Premises.  The term of the License is from July 1, 2026 through June 30, 2031.  The License includes three five-year options to extend with the same terms that automatically renew unless either party provides written notice of termination to the other party at least 60 days prior to the expiration of the term.

 

The project to approve this License with ARC was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15301 - Class 1 Existing Facilities because approval of a License for existing facilities is an exempt activity under CEQA.  There is no possibility that the License 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: 

American Red Cross

 

 

Location:

Onyx Communications Site (Assessor’s Parcel Number: 0305-201-05-0000), near Big Bear

 

 

Size:

N/A

 

 

Term:

Five years

 

 

Options:

Three five-year options to renew.  The extension shall be automatic unless either party gives 60-days written notice of termination or notice of non-renewal to the other party.

 

 

Rent:

No Fee

 

*Low-range for comparable facilities in the Big Bear area per the competitive set analysis on file with RESD

 

 

Annual Increases:

None

 

 

Improvement Costs:

Licensee’s responsibility

 

 

Custodial:

None

 

 

Maintenance:

Licensee’s responsibility

 

 

Utilities:

Licensor’s responsibility

 

 

Insurance:

The Certificate of Liability Insurance, as required by the License, is on file with RESD

 

 

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

 

 

Right to Terminate:

Either party has the right to terminate with 60 days’ notice

 

 

Parking:

None

 

PROCUREMENT

California Government Code section 26227 authorizes the County to grant the use of real property to private entities for programs that serve a public purpose by meeting the public safety, health, and public service needs of the County and the general public.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (John Tubbs II, Deputy County Counsel, 387-5455) on April 24, 2026; Innovation and Technology Department (Don Le, Interim Chief Information Officer, 387-7906) on April 29, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on April 28, 2026; and County Finance and Administration (Guy Martinez, Principal Administrative Analyst, 387-5428, and Eduardo Mora, Administrative Analyst, 387-4376) on May 20, 2026.

 

(CM: 840-266-0977)