RPVCCA_CC_SR_2014_05_20_04_Agricultural_Use_Pt_Vicente_ParkCl1YOF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CAROLYNN PETRU, AICP, ACTING CITY MANAGER@
MAY 20, 2014
UPDATE REGARDING AGRICULTURAL USE AT POINT
VICENTE PARK
Project Manager : Kit Fox, AICP, Senior Administrative Ana l ys ~
RECOMMENDATION
1) Receive and file an update on the status of the existing agricultural use at Point Vicente
Park; 2) provide feedback regarding the preferred site (if any) for the relocation of this
agricultural use; and, 3) review the concept of a non-commercial community garden at
Point Vicente Park as a possible replacement for the existing commercial agricultural use,
and provide direction to Staff as appropriate.
EXECUTIVE SUMMARY
The City Council last considered this item on December 17, 2013. At that time, the City
Council directed Staff to abandon the conversion process for Point Vicente Park and to
research the possibility of relocating the existing farm to another City property. In the
course of considering the relocation of the farm, Staff noted that allowing the former farm
site to lie fallow would probably not be in the best interest of protecting sensitive native
plant communities in the surrounding Palos Verdes Nature Preserve, and sought to
identify an alternate use of the property until such time as the property could be re-
vegetated. Therefore, Staff presents an update tonight on the identification of relocation
sites for the current farm, and a conceptual discussion of the use of the current farm site
for a non-commercial community garden.
BACKGROUND
On December 17, 2013, the City Council last received a report on the possible conversion
of the existing agricultural use at Point Vicente Park under the terms of the Program of
Utilization (POU), as administered by the National Park Service (NPS) and the General
Services Administration (GSA). At that meeting, the City Council determined that
continuing to pursue the conversion process would be financially infeasible, due primarily
to the expected cost of acquiring replacement property that would be both eligible and
acceptable to NPS and GSA. Therefore, the City Council directed Staff to abandon the
conversion process and to focus upon relocating the existing agricultural use to another
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MEMORANDUM: Agricultural Use at Point Vicente Park
May 20, 2014
Page 2
City-owned property (see attached excerpt from the Minutes of the December 17, 2013,
City Council meeting). Tonight, Staff presents an update on this process.
Although the current farm site is located within the Palos Verdes Nature Preserve and is
consistent with the City's draft Natural Communities Conservation Plan (NCCP), neither
the City nor the Palos Verdes Peninsula Land Conservancy (PVPLC) has any plans to
vegetate the farm site with native plant species in the foreseeable future. Since
agricultural use in this location is compatible with the draft NCCP, Staff explored the
possibility of establishing a non-commercial community garden or similar use on the site
that might be found consistent with the land use restrictions imposed under the POU by
NPS and GSA. Therefore, Staff presents some preliminary concepts of such a proposal
for the City Council's review and consideration before expending additional Staff time and
resources.
DISCUSSION
Status of Existing Lease Agreement
The original 5-year lease agreement with Mr. Hatano expired on March 31, 2011. With
the expiration of the original lease, Mr. Hatano's tenancy has continued, as provided for
in the lease, on a month-to-month basis, paid in advance for the full year ($100.00) on or
about the 1st of April each year.
Staff advised Mr. Hatano's daughter of the City Council's action on December 17, 2013,
including the possible relocation of the farm to another City property. In order to provide
sufficient time to explore relocation options before asking Mr. Hatano to permanently
vacate the City's property, the City agreed to continue Mr. Hatano's month-to-month
tenancy for an additional 6-month period. Payment of fifty dollars ($50.00) was remitted
to the City on April 9, 2014, which allows Mr. Hatano to continue to occupy the City's
property for an additional six (6) months until September 30, 2014.
Possible Relocation Sites
At the December 17, 2013, City Council meeting, Mayor Pro Tern Knight suggested that
Gateway Park might be an appropriate alternate location for the farm. Staff has reviewed
this suggestion and the inventory of existing, City-owned properties to identify four (4)
potential relocation sites. It is also important to note that Mr. Hatano and his foreman,
Mr. Martinez, do not practice traditional "dry farming" at the Point Vicente Park site; the
existing farm is served by its own water meter, which Mr. Hatano pays for. Staff assumes
that Mr. Hatano and Mr. Martinez would desire to continue farming irrigated crops if the
farm is relocated to another City property. Given these assumptions, each of the potential
sites identified by Staff poses unique opportunities and constraints for agricultural use, as
summarized in the table provided below.
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MEMORANDUM: Agricultural Use at Point Vicente Park
May 20, 2014
Page 3
Park: 4600-Block of Palos Verdes Dr. S .
....,..~~~-.-,=---:-~-::-:--:--:-:=-~=-~---:-:~----.,,,..----:-1
Acres: Zoning: OH (Open Space-Hazard) and
±17 RS-1 (Residential Single-Family, 1
DU/acre
Opportunities: Much larger than existing farm lease
area; access from Palos Verdes Dr. S. is possible;
located outside of Palos Verdes Nature Preserve
Constraints: Agriculture requires CUP in OH and
RS-1 zones; land use and zoning designation are
subject to change until General Plan update process
is completed; irregular topography due to location in
active landslide area; availability of water may be
impossible and/or undesirable due to land
movement; possible conflicts with other proposed
uses (i.e., Nature Preserve trailhead, equestrian
park, etc.); objections to agricultural use may be
raised by park stakeholders
Opportunities: Flat to gently-sloped areas; s imilar
size to existing farm lease area; acquired from
County with City General Fund monies as tax-
defaulted property in 2010
Constraints: Agriculture requires CUP in RS-A-5
and OH zones; currently no legal access to an
abutting public street (Island View Dr.); access from
Island View Dr. would require improvement;
encumbered by a landscape easement along private
street along southern boundary (Ocean Crest Dr.);
stated purpose of acquisition in 2010 was for "public
open space and drainage control"
Acres: Zoning: OR (Open Space-Recreation) &
17 _54 RS-5 (Residential Single-Family, 5
DU/acre
Opportunities: Flat to gently-slo ped areas; much
larger than existing farm lease area; agriculture does
not require CUP in OR zone; access from
Montemala a Dr. and Ironwood St. is ossible
Constraints: Agriculture requires CUP in RS-5
zone; CEQA review still required for agriculture in the
OR zone; acquired from PVPUSD with City General
Fund monies (and possibly State grant funds) for
public park purposes; access from Montemalaga Dr.
and/or Ironwood St. would require improvement; site
currently has no water service; removal of dedication
as a public park for all or a portion of the site in order
to permit commercial agriculture would require voter
approval
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MEMORANDUM: Agricultural Use at Point Vicente Park
May 20, 2014
Page4
Acres : Zoning: RS-2 (Residential Single-
1.30 Famil , 2 DU/acre
Opportunities: Flat areas; access from Tarragon
Rd. and Palos Verdes Dr. S. is possible; acquired
from private party with City General Fund monies for
Mccarrell Canyon storm drain project in 2007;
property includes a portion of the site of the former
Hatano family farmhouse (demolished in 1990s)
Constraints: Much sma ller than existing farm lease
area, agriculture requires CUP in RS-2 zone;
presence of underground storm drain infrastructure
on roughly one-third of property; possible future sale
of property for residential development (maximum of
2 single-family homes with a lot split) to recoup the
funds spent for its acquisition could be hindered
Considering all four (4) sites described above, Staff believes that each has some potential
as a suitable location for the existing farm. However, possible use restrictions related to
the source of funding and/or the purpose of acquisition for South Windport Canyon and
Grandview Park may make commercial agricultural use more problematic than at
Gateway Park or the Tarragon Lot. Furthermore, Staff has not yet consulted with
Mr. Hatano's daughter or his foreman, Mr. Martinez, about whether or not they believe
any of the above-mentioned City properties would be suitable for agricultural use due to
soil conditions, slope, orientation or other physical factors.
With input from the City Council regarding these four (4) site as tonight's meeting, Staff
can continue to pursue these discussions with the farm's operator in the coming weeks,
and to report back to the City Council. However, if the City Council believes that none of
these sites are feasible for the relocation of the farm, Staff can advise Mr. Hatano and
Mr. Martinez that they will need to vacate the property by the end of September.
Community Garden Conce pt
In the event that the existing farm at Point Vicente Park is relocated or terminated, the
terms of the current lease with Mr. Hatano call for all personal property to be removed
from the site (see Section 5 of the attached 2006 lease agreement). To the extent that it
is physically possible to do so, Staff presumes that this section could also apply the
removal and relocation of non-native crops from the City's property. Staff will confer with
PVPLC as to whether or not the large stands of prickly pear cactus can remain on the
property as wildlife forage areas. However, even if this is not the case, Staff is concerned
that allowing the existing agricultural fields to lie fallow or untended may have adverse
impacts upon the surrounding Alta Vicente Nature Reserve. Therefore, Staff has
identified a community garden as a concept for the interim or (possibly) permanent use
of this portion of the City's property.
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MEMORANDUM: Agricultural Use at Point Vicente Park
May 20, 2014
Page 5
As the City Council is aware, the POU that controls this portion of the site prohibits
commercial leases. However, as described above, the NCCP can allow for continued
agricultural use at this site. This conceptual project could potentially include elements
such as:
• A community garden with individual plots available for public, non-commercial use;
• A demonstration farm with an open shade structure, bench seating, and
interpretive information regarding the history of local farming; and/or
• A native plant nursery to support habitat restoration efforts in the Palos Verdes
Nature Preserve by PVPLC.
Existing Farm Lease Area
If a community garden is determined to be feasible under the POU, it is likely that any
associated fee revenue would be limited to the recovery of direct costs, such as irrigation.
The project could include a maintenance area, with a small storage structure and
composting facility , similar in size and location to what currently exists on the site.
Approval by the Resource Agencies and PVPLC will be required. Some grading may be
necessary to improve access and usability ; and some roadway improvements may be
necessary to improve site accessibility to ADA-compliant levels. This improvement will
need to be compliant with the NCCP and the anticipated conservation easement to be
recorded on the property. Staff anticipates that providing safe public vehicular access
from Palos Verdes Drive South will be a challenge to be considered in assessing the
feasibility of this proposal. 4-5
MEMORANDUM: Agricultural Use at Point Vicente Park
May 20, 2014
Page 6
Staff has estimated the cost of this project to range between $325,000 and $375,000. If
authorized, Staff would pursue any available grant funding to support components of the
project, as well as donations of material and equipment. If a native plant nursery is
included, Staff anticipates that PVPLC would bear the costs associated with it, with the
City merely providing the land (for reference, PVPLC's existing native plant nursery at the
Navy Fuel Depot in San Pedro occupies approximately 1.7 acres). At this time, there is
no funding allocated to this proposal in the FY 2014-15 Capital Improvement Program
(CIP) budget.
If the City Council desires for Staff to explore this concept further, we will reach out to
NPS and GSA to determine if it is consistent with the POU. Staff will also direct our grant
consultant, Blais & Associates, to focus on identifying possible funding sources, and we
will initiate outreach to the community and other stakeholder to gauge their interest in this
proposal.
ADDITIONAL INFORMATION
Mr. Hatano, his daughter and son, the farm's foreman, Mr. Martinez, and several other
interested parties have been advised of the City Council's consideration of this report at
tonight's meeting.
CONCLUSION
Staff is seeking input from the City Council regarding the four (4) potential sites identified
for the possible relocation of the farm. Based upon the City Council's direction, Staff will
continue working with Mr. Hatano and Mr. Martinez to explore the feasibility of relocating
the existing farm to another location on City-owned property. If a site is accepted by the
City Council, Staff will work to facilitate the relocation of the farm to that site by the end of
September. In the event that a mutually-acceptable solution has not been reached by
that time, the existing lease will be terminated and Staff will work with the affected parties
to vacate the City's property in a timely manner.
With respect to the community garden concept at Point Vicente Park, Staff seeks
feedback from the City Council on its interest in pursuing this proposal further. If so
authorized, Staff would engage in additional dialogue with NPS and GSA, with PVPLC,
with our grant consultant and with the community, and we would expect to report back to
the City Council on this proposal within the next three (3) to four (4) months.
ALTERNATIVES
The City Council's direction at previous meetings has been to abandon the conversion
process and explore the relocation of the existing agricultural use at Point Vicente Park
to another City-owned property. Staff has also suggested considering the development
of a community garden at Point Vicente Park at the site of the current farm. Based upon
public testimony and City Council discussion at tonight's meeting, different and/or
additional alternative courses of action may be identified.
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MEMORANDUM: Agricultural Use at Point Vicente Park
May 20, 2014
Page 7
FISCAL IMPACT
In the near term, the City has received $50.00 to allow the continued use of the farm site
until September 30, 2014. If necessary and desirable, the City Council may be asked to
consider extending this permission on a month-to-month basis for an additional 6-month
period with the payment of an additional $50.00. With respect to the community garden
concept, no funding source has been identified at this time. Staff's preliminary estimate
of the project's cost would be $325,000 to $375,000.
Attachments:
• Minutes of December 17, 2013, City Council meeting (excerpt)
• 2006 lease agreement
M:\Municipal Facilities\Hatano Farm Lease Agreement\20140520_HatanoFarmStatus_StaffRpt.docx 4-7
at the November 19, 2013 Council meeting regarding City Council Goal-Setting. He
recommended the Council establish strategic actions or a strategic plan.
Discussion ensued among Council Members, Dr. Colman, and staff. Each Council
Member provided answers to the Pre-Exercise Questions presented for Council input.
At 8:57 P.M., during discussion of this item, it was noted that the Council's
teleconference connection with Councilman Misetich was no longer active. At 9:01
P.M., Councilman Misetich connection to the Council meeting was restored.
Councilwoman Brooks moved, seconded by Mayor Pro Tern Knight, to approve the staff
recommendation to: Authorize the City Manager to sign the Professional Services
Agreement (PSA) with The Closers Group, LLC, to conduct the City Council's 2014
goal-setting exercise on January 8, 2014 and January 21, 2014; and provide direction to
Staff and The Closers Group, LLC, to assist in preparation for this exercise.
The motion passed on the following roll call vote :
AYES:
NOES:
ABSENT:
Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
None
None
Update Regarding Conversion Process for Agricultural Use at Point Vicente Park
Senior Administrative Analyst Fox provided a brief staff report and PowerPoint
presentation regarding this item.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Mayor Pro Tern Knight moved, seconded by Councilwoman Brooks, to: Direct staff to
abandon the conversion process with the National Park Service regarding the Point
Vicente Park property and research the possibility of relocating the historical dry farming
operation to another property, possibly Gateway Park or another suitable parcel.
The motion passed on the following roll call vote :
AYES:
NOES:
ABSENT:
Brooks, Campbell, Knight, Misetich, and Mayor Duhovic
None
None
Consider Policy for Balanced Operating Budget (Supports 2013 City Council Goal
#5 -Government Efficiency, Fiscal Control & Transparency)
Director of Finance/IT Mclean provided a brief staff report regarding this item .
City Council Minutes
December 17, 2013
Page 8 of 11
4-8
LEASE AGREEMENT BETWEEN
THE CITY OF RANCHO PALOS VERDES AND JAMES HATANO
AUTHORIZING THE LEASE OF CITY PROPERTY
AT POINT VICENTE PARK/CIVIC CENTER
FOR AGRICULTURAL PURPOSES
THIS LEASE AGREEMENT ("Lease"), is made and executed as of the
·1:6 -day of May , 2006, by and between the City of Rancho Palos
Verdes, a municipal corporation of the State of California, hereinafter called "City"
and Mr. James Hatano, hereinafter called "Lessee," who agree as follows: ·
1) City shall lease approximately 5.5 acres, more or less, of City land at the
Point Vicente Park/Civic Center property located at 30940 Hawthorne
Boulevard, hereinafter called "Premises," as delineated and shown in the
·cross-hatched area on the plan designated as Exhibit "A" attached hereto
and incorporated by reference herein.
2) The term of the lease is for 60 months, commencing on April 1, 2006, and
ending on March 31, 2011.
3) The annual rental payment shall be $100.00 per year, payable in advance .
Payment shall be made to the City of Rancho Palos Verdes.
4) Lessee shall neither transfer nor assign this lease or any property being
leased from City without prior permission in writing from the City Manager
of the City.
5) Lessee accepts the Premises in its present state and condition and waives
any and all demand upon City for alteration, repair, or improvement
thereof. No new structures of any kind shall be placed on the site, and no
existing structures shall be altered (except normal repairs and
maintenance), expanded or moved on the property without prior written
consent of the City Manager of the City. All such structures and/or
personal property installed or placed on the Premises by Lessee shall be
removed by Lessee prior to the termination of this Agreement, and in the
event of the failure to do so, title thereto shall vest in City or shall become
the property of City upon the termination of this Agreement.
6) Use of Premises shall be llmlted to agricultural or horticultural purposes
only, excluding the grazing of livestock. No person shall be permitted to
reside on the Premises.
7) Lessee shall have the right to harvest, gather, and remove any crops he
plants or grows on the Premises.
647640 -1-
4-9
Lease Agreement wit~~~es Hatano: Point Vicente/Civic c~:1~~r Property
Page 2 of 4
8) Lessee shall assume the risk of loss, damage or destruction due to theft,
fire and casualty of any and all fixtures and personal property belonging to
Lessee that are installed or placed on the Premises.
9) Lessee shall not display advertising signs or other matter at the Premises.
10) City may inspect Premises at any time and for any purpose.
11) Lessee agrees to defend, indemnify and hold harmless City, its officers,
agents and employees from any and all claims for loss, damages, injury or
death to persons or damage to or loss of property, including attorney's
fees and court costs, arising out of the use of the Premises by Lessee, or
by his employees, guests and visitors.
12) Lessee shall obtain and keep in full force and effect during the term of this
Agreement workers' compensation Insurance, in accordance with the
requirements of the California Labor Code and any other applicable laws,
and a policy of general liability insurance. In addition, Lessee shall obtain
and keep in full force and effect insurance in an amount sufficient to cover
all equipment, inventory and other personal property of Lessee that is kept
on the Premises in accordance with the provisions of this Agreement. All
such insurance policies shall be Issued by Insurance companies admitted
to do business in the State of California. The policy of liability insurance
shall: (a) name City and its officers, agents and employees as additional
insureds; (b) shall insure and protect City and its officers, agents, and
employees from and against any and all liability arising out of or
647640
connected with the use by the Lessee of the Premises; (c) shall provide a
combined single limit for the liability covered in the amount of $500,000;
and (d) be noncancellable without thirty days prior written notice thereof to
City. Lessee shall file with the City Clerk either certified copies of said
policies or a certificate of insurance for each of the required policies
executed by the company issuing the policy certifying that the policy is in
force and providing the following information with respect to said policy:
a.
b.
c.
d.
e.
The policy number;
The date upon which the policy will become effective and the
date upon which it will expire;
The names of the named insured and any additional
Insureds;
The subject of the insurance;
The type of coverage provided by the insurance;
-2-
4-10
"")--'•"'·.-.. "'rY···
Lease Agreement witrrSames Hatano: Point Vicente/Civic <.:~l'Her Property
Page 3 of 4
f. The amount or limit of coverage provided by the insurance;
g. A description of all endorsements that form a part of the
policy; and
h. An endorsement stating that City and its officers, agents and
employees are named as additional insureds under the
liability policy. Lessee's authorized activities on the
premises shall be suspended during any period that Lessee
falls to maintain said policies in full force and effect.
13)Lessee agrees to comply with all applicable regulations of City and to
maintain the Premises in a clean and sanitary condition. Lessee shall be
responsible for insuring that the Premises will be protected against
'damage or destruction by fire or other causes. Lessee shall repair any
and all damage to the Premises arising out of Lessee's activities thereon.
Lessee shall provide and pay for all utilities required to conduct the
activities permitted by this Agreement. Lessee shall remove all equipment
and other personal property from the Premises upon the termination of
this Agreement and shall leave the Premises in the manner in which it was
found, ordinary wear and tear excepted, and damage or destruction not
caused by the use of the property by Lessee excepted.
14) Lessee agrees to pay before delinquency all lawful taxes, assessments,
fees or charges which at any time may be levied by the State, County, or
any tax or assessment-levying body· upon the right of use acquired by this
Agreement, as well as all taxes, assessments, fees and charges on the
equipment used and merchandise sold in connection with the authorized
activities ori the premises.
15) This Agreement contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed.
Any subsequent modification to this Agreement shall be in writing and
executed by both of the parties hereto.
16) Any waiver by City of any breach of any one or more of the terms of this
Agreement shall not be construed as a waiver of any subsequent or other
breach of the same or of any other term thereof, nor shall failure on the
part of City to require exact, full, and complete compliance with any of the
terms of this Agreement be construed as in any manner as changing the
terms thereof or estopping City from the enforcement thereof.
17) If any of the provisions in this Agreement are unenforceable, the balance
shall be enforced.
647640 -3-
4-11
Lease Agreement witji~~es Hatano: Point Vicente/Civic ~t:·:·~er Property
Page 4of4
18) In the event of any controversy or dispute regarding this Agreement or
breach thereof, the prevailing party shall be entitled to recover from the
losing party reasonable attorney's fees and court costs.
19)This Agreement shall be interpreted under the laws of the State of
California.
20)Either party may terminate this Agreement by giving the other party written
notice at least thirty days prior to the date when the termination is to
become effective.
21 )Address for payments of rent and notices shall be sent to :
City:
Lessee:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Attention: City Manager
Mr. James Hatano
1172 West 24th Street
San Pedro, California 90731
IN WITNESS WHEREOF, the parties hereto have executed this Lease as
of the day and year first above written.
Dated: -------LESSEE
CJ•~
Date: !,, ... S --of, ------=---CITY OF RANCHO PALOS VERDES:
AITEST:
.<· .... "!...
647640
4-12
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4-13