Legislation Details

File #: 24-137    Version: 1 Name:
Type: Informational Report Status: Agenda Ready
File created: 5/6/2024 In control: City Council
On agenda: 5/14/2024 Final action:
Title: FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF CLAREMONT AND CLAREMONT HERITAGE INC. FOR THE GARNER HOUSE AND CONSIDERATION OF SUBLEASE AGREEMENT BETWEEN CLAREMONT HERITAGE INC. AND THE CLAREMONT COURIER INC.
Attachments: 1. First Amendment to Lease Agreement, 2. Sublease Agreement Between Claremont Heritage and Claremont Courier

TO:                     ADAM PIRRIE, CITY MANAGER                      

 

FROM:                     MELISSA VOLLARO, HUMAN SERVICES DIRECTOR

 

DATE:                     MAY 14, 2024

Reviewed by:

City Manager: AP

                     

SUBJECT:

 

Title

FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF CLAREMONT AND CLAREMONT HERITAGE INC. FOR THE GARNER HOUSE AND CONSIDERATION OF SUBLEASE AGREEMENT BETWEEN CLAREMONT HERITAGE INC. AND THE CLAREMONT COURIER INC. 

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SUMMARY

 

The City of Claremont has leased the Garner House to Claremont Heritage since 2002, following the move of the Recreation and Human Services Department to the Alexander Hughes Community Center. The lease allows Claremont Heritage to be the lead tenant and for Heritage to sublease a portion of the house to non-profit organizations. The current lease between the City of Claremont and Claremont Heritage was approved by the City Council in December 2021 and extends through December 2031. The current lease needs clarification requiring that the City Council approve any new sublease agreements, which had been a previous City Council direction. The proposed First Amendment to the Lease between the City of Claremont and Claremont Heritage will clarify the need for City Council approval of any new subleases as referenced in Section 3.17 of Attachment A.

 

Additionally, Claremont Heritage had previously subleased a portion of the upstairs of the Garner House to the League of Women Voters of the Claremont Area beginning in 2006 and terminating in Fall 2023. Claremont Heritage now requests consideration of a new one-year sublease with the Claremont Courier for a portion of the second story of the house. The new draft sublease is included as Attachment B for the City Council’s consideration.

 

RECOMMENDATION

 

Recommended Action

Staff recommends the City Council:

A.                     Review and approve the First Amendment to the Garner House Lease between the City of Claremont and Claremont Heritage amending Section 3.17 and authorize the City Manager to sign the Amendment;

B.                     Review and approve the new one-year sublease agreement between Claremont Heritage and the Claremont Courier and authorize the City Manager to sign in consent of the sublease agreement; and

C.                     Find that this item is exempt from review under the California Environmental Quality Act (CEQA).

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ALTERNATIVES TO RECOMMENDATION

 

In addition to the recommendation, there are the following alternatives:

 

A.                     Reject the recommendation.

B.                     Request additional information from staff.

 

FINANCIAL REVIEW

 

There is no financial impact to the City of Claremont as a result of the First Amendment to the Lease between the City of Claremont and Claremont Heritage, or the sublease between Claremont Heritage and The Claremont Courier.

 

The staff cost to prepare this report and administer this agreement is estimated at $2,978 and is included in the operating budget of the Recreation and Human Services Department.

 

ANALYSIS

 

Background

 

In January 1997, the City Council approved a Future Use Plan for the Garner House in preparation for the transition of the Human Services Department from the Garner House to the Alexander Hughes Community Center in June 2001. The Future Use Plan called for Claremont Heritage to be the lead tenant in the Garner House and to manage its operations. The City maintained ownership, while Claremont Heritage assumed the day-to-day management of the facility. The intent of the original facility use agreement with Claremont Heritage was to provide a center for cultural and historical activities for the community through collaboration, education, and advocacy. 

 

A new ten-year lease between the City of Claremont and Claremont Heritage was approved by the City Council at its meeting on December 14, 2021. The current lease is vague in reference to who the approval body is for a new sublease, and therefore needs clarification requiring that the City Council approve any new sublease agreements, which had been previous City Council direction. The proposed First Amendment to the Lease between the City of Claremont and Claremont Heritage will clarify the need for City Council approval of any new subleases as referenced in Section 3.17 of Attachment A. The previous sublease with the League of Women Voters had been approved by the City Council. The League of Women Voters ended its sublease with Claremont Heritage in Fall 2023, as the group no longer required office space.

 

Proposed Sublease

 

The new proposed sublease between Claremont Heritage and the Claremont Courier is for one year, from May 2024 through April 2025, and would include the following spaces: the den, dressing room, and sleeping porch, all of which are located on the second floor of the house. The Claremont Courier would also have access to the living room, kitchen, and courtyard for meetings with prior notification. The Claremont Courier will be paying $750 per month to Claremont Heritage for its use of the space and all the terms of the lease are spelled out in the proposed sublease agreement.

 

RELATIONSHIP TO CITY PLANNING DOCUMENTS

 

Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds that it applies to the following City Planning Documents:  Council Priorities, Economic Sustainability Plan, General Plan, and the 2022-24 Budget.

 

CEQA REVIEW

 

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301, the approval of the sublease agreement is categorically exempt.  The Class 1 exemption allows for the leasing of existing public structures involving negligible or no expansion of use beyond that existing at the time of the City’s determination.  The City currently leases the Garner house to Claremont Heritage.  The Garner House is an existing public structure and there is no expansion of use of that structure as a result of approving the sublease agreement.  None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines Section 15300.2 applies to the proposed project because the proposed project (1) is not located in a uniquely sensitive environment, (2) is not located within a highway officially designated as a state scenic highway, (3) is not located on a hazardous waste site, (4) would not have a cumulative impact, (5) would not have a significant substantial adverse change in the significance of a historical resource.   Therefore, the exemption applies and the exceptions do not.

 

PUBLIC NOTICE PROCESS

 

The agenda and staff report for this item have been posted on the City website and distributed to interested parties.  If you desire a copy, please contact the City Clerk’s Office.

 

Submitted by:

                     

Melissa Vollaro                     

Human Services Director                                                                    

 

Attachments:

A - First Amendment to Lease Agreement Between the City of Claremont and Claremont Heritage Inc. for the Garner House

B - Sublease Agreement Between Claremont Heritage Inc. and Claremont Courier Inc.