REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 16, 2021
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
JAMES E. JENKINS, Director, Department of Airports
SUBJECT
Title
Conveyance of Communication Easements to Frontier California, Inc. at Twentynine Palms Airport
End
RECOMMENDATION(S)
Recommendation
1. Adopt Resolution declaring that the conveyance of two easements over portions of County-owned property (portions of Assessor’s Parcel Numbers 0625-111-26 and 0625-141-17), totaling 4,277 square feet at Twentynine Palms Airport, to Frontier California, Inc. for communication purposes for the Connect America Fund project is in the public interest and will not substantially conflict or interfere with the use of the property by the County, and authorizing the conveyance by Grant of Easements to Frontier California, Inc. in accordance with Government Code Section 25526.6 upon total payment of $7,175 to the County.
2. Authorize the Chairman of the Board of Supervisors to execute the Grant of Easements to Frontier California, Inc. to convey said easements.
3. Authorize the Director of the Real Estate Services Department to execute any other documents necessary to complete this transaction, subject to County Counsel review.
4. Adopt a finding of exemption and direct the Clerk of the Board to repost the Notices of Exemption as required under 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.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
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 Department of Airports (Department) will receive a one-time payment for the two easements in the total amount of $7,175, which comprises $1,000 as the fair market value of the easement interests plus $6,175 for reimbursement of Real Estate Services Department (RESD) processing fees. Frontier California, Inc. (Frontier) will be responsible for the maintenance of the easement areas and the operation and maintenance of Frontier’s communication improvements thereon.
BACKGROUND INFORMATION
The recommended actions will authorize the conveyance of two easements over portions of County-owned property (Assessor’s Parcel Numbers 0625-111-26 and 0625-141-17), totaling 4,277 square feet at Twentynine Palms Airport (Airport) to Frontier for communication purposes for the Connect America Fund (CAFII) project.
The CAFII project is a federal funded project that provides high speed internet to households that currently have no or poor internet connectivity. Under the current pandemic, this project is highly needed to assist families working from home and households with children attending off-site schooling.
The Department reviewed Frontier’s request for the easements and determined they do not substantially conflict nor interfere with the operation of the Airport. The Department requested that RESD process the conveyance of the easements at fair market value. RESD reviewed and approved the appraisal provided by Frontier that establishes fair market value of $1,000 for both easements, which will be paid by Frontier along with processing fees of $6,175 prior to recording and conveyance of the easements.
Additionally, approval of this item will authorize the RESD Director to execute other documents necessary to complete this transaction, subject to County Counsel review. The RESD Director will not be authorized to execute any documents that would bind the County to any actions not contemplated by, or arising from, the transaction which is the subject of these recommendations.
The conveyance of the easement interests was reviewed pursuant to the California Environmental Quality Act (CEQA) and determined to be categorically exempt from further environmental review in accordance with Class 1, Categorical Exemption, “Existing Facilities”, Section 15301(b) of the CEQA guidelines. The Notices of Exemption were inadvertently posted before the Board’s consideration of this item. The County will have fulfilled its obligation under CEQA for conveyance of the easements with the reposting of the Notices of Exemption by the Clerk of the Board.
PROCUREMENT
The County can convey the easement interests to Frontier in accordance with Section 25526.6 of the Government Code.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Deputy County Counsel, 387-5455) on October 22, 2021; Airports (Maureen Snelgrove, Assistant Director, 387-8812) on October 13, 2021; Finance (Carl Lofton, Administrative Analyst, 387-5404 and Elias Duenas, Administrative Analyst, 387-4052) on October 29, 2021; and County Finance and Administration (Diana Atkeson, Deputy Executive Officer, 387-4376) on October 29, 2021.
(BHF: 361-8976)