San Bernardino header
File #: 8007   
Type: Consent Status: Passed
File created: 5/14/2023 Department: Regional Parks
On agenda: 5/23/2023 Final action: 5/23/2023
Subject: License Agreement with South Coast Air Quality Management District for Air Quality Monitoring at Lake Gregory Regional Park
Attachments: 1. CON-RP-5.23.23-AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT, 2. EXH-RP-5.23.23-LICENSE AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT A1, 3. EXH-RP-5.23.23-LICENSE AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT A, 4. EXH-RP-5.23.23-LICENSE AGREEMENT WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT B, 5. Item #79 Executed BAI, 6. 23-485 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

May 23, 2023

 

FROM

BEAHTA R. DAVIS, Director, Regional Parks Department 

         

SUBJECT                      

Title                     

License Agreement with South Coast Air Quality Management District for Air Quality Monitoring at Lake Gregory Regional Park

End

 

RECOMMENDATION(S)

Recommendation

Approve License Agreement with South Coast Air Quality Management District for the continued use of approximately 400 square feet of a County-owned building and approximately 1,200 square feet of County-owned land, for the purpose of operating and maintaining air quality and data transmission equipment at Lake Gregory Regional Park to monitor ozone trends for Southern California, for a five-year period, effective May 23, 2023, through May 22, 2028, for a one-time revenue payment to the County in the amount of $2,500, with one five-year option to extend the term of the license (Four votes required).

(Presenter: Beahta R. Davis, Director, 387-2340)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally Responsible and Business-Like Manner.

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 require the use of Discretionary General Funding (Net County Cost). The Regional Parks Department (Department) will receive a one-time payment of $2,500 for the term of the License Agreement (Agreement) from the South Coast Air Quality Management District (Licensee). The cost of electrical utilities is estimated to be minimal and will be paid by the Real Estate Services Department through the utility budget. Adequate appropriation and revenue associated with this Agreement are included in the Department’s 2022-23 budget.

 

BACKGROUND INFORMATION

In accordance with this proposed Agreement, the Licensee will continue to use a portion of Lake Gregory Regional Park (Park), approximately 1,200 square feet, to house air quality equipment for the purpose of monitoring the air quality in Southern California. The Licensee has been utilizing this location since 1973.

 

On July 24, 2018 (Item No. 40), the Board of Supervisors (Board) approved License Agreement No. 18-539 with the Licensee for the operation of the County-owned building and property at 24171 Lake Drive in Crestline, for a one-time revenue payment in the amount of $,500, from July 24, 2018, through December 31, 2022, with one five-year option to extend the term of the license.

 

The Department received a request from the Licensee to extend License Agreement No.18-539 on November 18, 2022. There was insufficient time for the Department and Licensee to review and execute the amendment prior to the expiration of License Agreement No. 18-539, which resulted in a holdover, or month-to-month, extension until a new agreement could be executed. 

 

As part of the Agreement, the Licensee will pay one-time payment of $2,500 for the Agreement. The Licensee will also be permitted to obtain a certified and licensed tree trimmer, at the Licensee’s expense, for the purpose of trimming the trees immediately surrounding the monitoring site. Additionally, the Licensee will be required to paint the building, with prior County approval, every three years. If the Licensee fails to paint the building during the three-year period, the County has the right to paint the building at the Licensee’s sole expense. In order for the Licensee to extend the agreement another five years, they must submit this request in writing nine month prior to the expiration of the preceding term and pay another one-time payment of $2,500.

 

This Agreement aligns with the County and Chief Executive Officer’s Goal to Operate in a fiscally responsible and business-like manner by allowing the Department to leverage park resources to obtain revenue with the aim of reducing the Department’s reliance on Discretionary General Funding.

 

PROCUREMENT

Not applicable.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Suzanne Bryant, Deputy County Counsel, 387-5455) on February 7, 2023; Real Estate Services Department (Terry Thompson, Director, 387-5000) on February 17, 2023; Finance (Elias Duenas, Administrative Analyst, 387-4052) on March 6, 2023; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on March 6, 2023.