For City Council Meeting March 11, 2025
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Tim Sullivan, Assistant City Manager
Title
Request City Council Approve a Lease Agreement with Grace Lutheran Church to Continue the City’s Onsite Community Garden Program.
Body
RECOMMENDATION:
Staff recommends that the City Council approve a Lease Agreement with Grace Lutheran Church to continue the City’s onsite Community Garden Program.
BACKGROUND:
The City of Rialto currently operates a City Community Garden located at 539 N. Acacia Avenue. The Rialto Community Garden is located behind Grace Lutheran Church on Church property. This garden is located on approximately 2 acres and has 89 plots for planting. Existing plots are comprised of both raised beds and ground-level plots. Each plot is set up with its own water spigot. In addition, the garden has an orchard, shade area, and tool shed. The Community Garden partnership between the City and the Church began in 1997.
The Rialto Community Garden was built for residents who have limited or no yard space for small gardens. When the garden was first built, the City intended to provide space for people with common interests to gather, socialize, and grow food for their own use. It was also intended to provide an opportunity to educate the community on composting and other environmentally friendly gardening techniques.
The garden's side benefits have been providing low-impact exercise and better eating habits for the gardeners, which has improved their health, a common goal of Healthy Rialto. It also gives gardeners some relief on their grocery expenses. In recognizing these benefits, the City chose to subsidize the cost of the plots by charging a nominal fee of just over $4.00/month.
ANALYSIS/DISCUSSION:
The original agreement included as Attachment 1, between the City of Rialto and Grace Lutheran Church, is in the form of a letter signed by a church representative and the City Administrator at that time, Joseph Guzzetta. In the letter, the City’s use of Church property began October 26, 1997, and was to continue indefinitely for a minimum of five (5) years, at which time the Church may agree to a new time frame or cancel usage. On September 23, 2014, the City of Rialto and Grace Lutheran Church entered into a new agreement included as Attachment 2. The term of that agreement was effective for 9 years and ended on December 31, 2023.
Through this partnership between the City of Rialto and Grace Lutheran Church, the Community Garden has been extremely popular with the community. The City of Rialto would like to continue this partnership by approving a new lease agreement with Grace Lutheran Church. The new lease agreement, included as Attachment 3, would be effective March 11, 2025, and terminate on December 31, 2045. Prior to the expiration of the original term, the City and the Church may meet and negotiate a continuation of the Lease for an additional period.
The lease agreement permits the City;
“to allow third parties to access and use the Leased Premises as follows: (i) those persons who qualify as participants in the Community Garden Project to access the Leased Premises to garden specified portions of the Demised Premises (“Gardeners”); and (ii) necessary for the performance of the City’s obligations under Section 4.
Section 4 city’s DUTIES AND OBLIGATIONS. As consideration for the use of the Leased Premises, the City shall, at its own cost and expense:
i. Provide access to water service, trash removal and general maintenance and care for the Demised Premises.
ii. Provide the expertise and personnel necessary for the operation of the Community Garden Project.
iii. Reasonably monitor Participants’ use of the Demised Premises and enforce the Rules and Regulations.
iv. Not commit, permit or allow any waste, environmental hazard or nuisance to exist on the Demised Premises or permit, use or allow the Demised Premises to be used for any unlawful purpose or activity caused by the City, its employees, Participants, contractors or invitees.
v. Reimburse the Church a portion of reasonable costs incurred by the Church for the maintenance of the parking areas on the Church Property provided that the City’s contribution shall not exceed 25%.
vi. Upon termination of this Lease, promptly remove all improvements on the Demised Premises as requested by the Church in a written notice delivered to the City within sixty (60) days of the termination of this Lease.”
ENVIRONMENTAL IMPACT:
The request is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY:
Approval of this action complies with the City of Rialto General Plan Goal and Policies:
Goal 2-34: Achieve waste recycling levels that meet or exceed State mandates. Achieve maximum waste recycling in all sectors of the community: residential, commercial, industrial, institutional, and construction.
Policy 2-34.1: Develop programs that promote reuse and recycling throughout the community.
Policy 2-34.2: Utilize source reduction, recycling, and other appropriate measures to reduce the amount of solid waste generated in Rialto that is disposed of in landfills.
Goal 3-10: Minimize the volume of solid waste that enters local and regional landfills.
Policy 3-10.1: Encourage additional recycling in all sectors of the community.
Policy 3-10.4: Continue to educate the community regarding the benefits of solid waste diversion and recycling, and maintain programs that make it easy for all residents and businesses to work toward City waste reduction objectives.
LEGAL REVIEW:
The City Attorney has reviewed this staff report and Garden Use Agreement as to form.
FINANCIAL IMPACT:
Operating Budget Impact
The Community Garden Lease Agreement with Grace Lutheran Church is a permit lease allowing the City to use the Church owned land for the community garden. Under the agreement, the City will reimburse the Church for the maintenance of the parking area at a not to exceed 25% portion of reasonable costs. This budget will be added during the budget planning for fiscal year 2025/26 for this obligation.
Capital Improvement Budget Impact
There is no impact to the Capital Improvement Budget related to the agreement extension.
Licensing
Approval of this action does not require a Business License application and payment of a Business License tax.