Legislation Details

File #: 22-715    Version: 1
Type: Financial and General Government Status: Agenda Ready
File created: 11/7/2022 In control: BOARD OF SUPERVISORS
On agenda: 11/15/2022 Final action:
Title: DEPARTMENT OF GENERAL SERVICES – APPROVAL OF SECOND AMENDMENT TO LEASE AGREEMENT WITH THE BONITA HISTORICAL SOCIETY FOR THE BONITA MUSEUM AND CULTURAL CENTER
Attachments: 1. DGS 111522 Bonita Museum Second Amendment FINAL, 2. Bonita Lease Agenda Info Sheet signed, 3. Bonita Lease Approval Log, 4. Attachment A Bonita Museum, 5. 11152022 ag19 Speakers, 6. 11152022 ag19 Minute Order

 

DATE:  

November 15, 2022

 19

                                                                                                                                                   

TO:

Board of Supervisors

 

SUBJECT

DEPARTMENT OF GENERAL SERVICES - APPROVAL OF SECOND AMENDMENT TO LEASE AGREEMENT WITH THE BONITA HISTORICAL SOCIETY FOR THE BONITA MUSEUM AND CULTURAL CENTER (DISTRICT: 1)

Title

 

Body

OVERVIEW

The Bonita Historical Society operates the Bonita Museum and Cultural Center in a building that was constructed as part of the Bonita-Sunnyside Library and Museum Project completed in 2005. The library and museum are situated on a parcel owned by the City of Chula Vista located at 4355-4375 Bonita Road (“Property”). The Property is leased by the County of San Diego (County) pursuant to a 50-year ground lease that expires on January 1, 2054. On March 22, 2005 (3), the Board of Supervisors (Board) authorized the Director, Department of General Services to execute a ten-year lease with the Bonita Historical Society for approximately 4,000 square feet of space. On September 24, 2013 (7), the Board approved the current ten-year lease with the Bonita Historical Society (“Lease”) for 4,000 square feet of space on the Property.

 

On October 13, 2015 (10), the Board approved and authorized the Director of General Services to execute an amendment to the Lease that added 400 square feet of space to the leasehold.

 

The monthly rent payment in the Lease includes the cost of internet service provided by the County to the premises. As Bonita Historical Society has acquired its own internet service since June 2022, today’s request is to approve and authorize the Director, Department of General Services to execute a second amendment to the Lease to reduce the current monthly rent in the amount of $355.00 and grant a monthly rent credit of $355.00 retroactive to June 2022.

 

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER

1.                     Find in accordance with section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and the project is not a project as outlined in CEQA Section 15378(b)(5).

 

2.                     Approve and authorize the Director, Department of General Services, to execute the second amendment to the lease agreement with the Bonita Historical Society.

 

EQUITY IMPACT STATEMENT

Approval of the lease amendment will ensure continuation of accessible and educational experiences related to the history, culture, and identity of San Diego County residents and visitors with diverse ideas, perspectives, and backgrounds. It is anticipated that the proposed lease amendment will have a positive impact on all members of the community by providing residents and visitors an opportunity to access educational, and historical interests.

 

SUSTAINABILITY IMPACT STATEMENT

Implementing effective sustainability objectives is crucial to ensuring safe and healthy communities and contributing to the overall success of the region. The approval of the lease amendment is appropriate as it supports the County’s Strategic Initiative of Sustainability to align the County’s available resources with services to maintain fiscal stability and ensure long-term solvency.

 

FISCAL IMPACT

Funds for this request are included in the Fiscal Year 2022-23 Operational Plan for the Department of General Services. If approved, this request will result in decreased annual costs and revenues of $4,260, as the County will no longer provide internet services. There will be no change in the net General Fund costs and no additional staff years.

 

BUSINESS IMPACT STATEMENT

Details

N/A

 

ADVISORY BOARD STATEMENT

N/A

 

BACKGROUND

On December 9, 2003 (4) the Board of Supervisors (Board) approved a 50-year ground lease with the City of Chula Vista for land located at 4355-4375 Bonita Road, approved the environmental findings for a library/museum project to be constructed on the site, and authorized the negotiation of contracts for professional design and engineering services for the project. On May 4, 2004 (3), the Board approved the solicitation and awarding of the construction contracts for the project. The Bonita Library and the Bonita Museum and Cultural Center opened in 2005. A map showing the location of the museum is included as Attachment A.

On March 22, 2005 (3), the Board authorized the Director, Department of General Services to execute a ten-year lease with the Bonita Historical Society for approximately 4,000 square feet of space. On September 24, 2013 (7), the Board approved the current ten-year lease (“Lease”) with the Bonita Historical Society for the operation of the Bonita Museum and Cultural Center. The lease commenced on October 1, 2013 and is scheduled to expire on September 30, 2023. The Lease includes two five-year options to extend the term of the Lease. As of this date, Lessee has not exercised its options to extend the Lease.

 

On October 13, 2015 (10), the Board approved and authorized the Director, Department of General Services to execute an amendment to the lease that added 400 square feet of space to the leasehold. The Bonita Historical Society allotted desk space within the premises to San Diego County Sheriff personnel and other law enforcement agencies for report writing and telephone calls. In consideration of the desk space provided to law enforcement, Bonita Historical Society’s rent did not increase.

 

Today’s request to the Board is to approve and authorize the Director, Department of General Services to execute a second amendment to the Lease to reduce the current monthly rent in the amount of $355.00. This amount represents the additional rent that Bonita Historical Society is required to pay under the current Lease to the County of San Diego (County) to compensate County for the internet service County provides to the premises. Bonita Historical Society has acquired its own internet service as of June 2022. In addition, the second amendment will grant rent credit to the Bonita Historical Society in the amount of $355 per month, retroactive to June 2022, when the Bonita Historical Society acquired its own internet service.

 

Details of the current lease and proposed lease amendment are as follows:

LEASE PROVISION

EXISTING LEASE

PROPOSED LEASE AMENDMENT

LESSEE:

Bonita Historical Society

No change

PREMISES:

Approximately 4,400 square feet at 4355 Bonita Road, Bonita

No change

USE:

Public museum, cultural center, offices, and other compatible community uses, including school history classes, school field trip tours, and display of artwork by local students.

No change

TERM:

Ten years; two five-year option to extend the term

No change

RENT:

$1,767.96 per month; and $355 per month for internet service

Subtract $355 per month for internet service; County no longer provides internet service

RENT ADJUSTMENTS:

3.0% annual increases

No change

REPAIRS/MAINTENANCE:

Lessee responsibility, except for building systems, structural components and fire/life safety systems maintained by the County

No change

OTHER CONSIDERATION:

None

No change

UTILITIES:

County pays

No change

JANITORIAL SERVICE:

Lessee provides

No change

 

ENVIRONMENTAL STATEMENT

The proposed lease amendment is not a project in accordance with California Environmental Quality Act (CEQA) Section 15378(b)(5), as it is an administrative change in rent which would not cause a change in use or physical structure of the existing facility. Additionally, in accordance with section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

 

LINKAGE TO THE COUNTY OF SAN DIEGO STRATEGIC PLAN

The proposed action supports the Sustainability Strategic Initiative in the County of San Diego’s (County’s) 2022-2027 Strategic Plan by aligning services to available resources to maintain fiscal stability by promoting development and economic vitality.

 

Respectfully submitted,

HELEN N. ROBBINS-MEYER

Chief Administrative Officer

 

ATTACHMENT(S)

Attachment A - Location Map