CC SR 20211116 06 - Hatano Farm
CITY COUNCIL MEETING DATE: 11/16/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to repurpose the Hatano Farm lease area at Upper
Point Vicente.
RECOMMENDED COUNCIL ACTION:
(1) Consider repurposing the Hatano Farm lease area with one of the following uses:
a. Community Garden
b. Native Plant and Seed Nursery (Staff’s preferred use)
c. Garden-to-Kitchen Farm
d. Restore the Site to its Native Habitat
(2) If acceptable, direct Staff to pursue discussions with the Palos Verdes Peninsula
Land Conservancy (PVPLC) to repurpose the site with a native plant and seed
nursery; and,
(3) Direct Staff to terminate the Hatano Farm lease agreement at Upper Point
Vincente with the area being vacated no later than June 30, 2022.
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Karina Bañales, Deputy City Manager
REVIEWED BY: Same as below
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. March 17, 2020, Staff Report
B. Hatano Lease Agreement (page B-1)
C. Palos Verdes Nature Preserve Management Agreement between the City
and the Palos Verdes Peninsula Land Conservancy (page C-1)
D. November 8, 2021, e-mail from National Parks Service (page D-1)
E. Revised Terms for Rental of Agricultural Land at Upper Point Vicente (page
E-1)
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F. September 23, 2013, City Council Staff Report (page F-1)
BACKGROUND:
On March 17, 2020, Staff provided the City Council with a report on the history and status
of the Hatano Farm lease agreement at Upper Point Vicente (UPV), the possible future
termination of this agreement, and future use of this site. For background information, see
the March 17, 2020 staff report (Attachment A). After the presentation, Council directed
Staff to return with options for the future use of the Hatano Farm lease area for its
consideration and to continue with the current Hatano Farm lease agreement on a month-
to-month basis until further direction is provided. Therefore, this evening, the City Council
is being asked to consider the following:
1. Pursuing repurposing the Hatano Farm lease area with one of the following uses:
a. Community Garden
b. Native Plant and Seed Nursery
c. Garden-to-Kitchen Farm
d. Restore the Site to its Native Habitat
2. The possible future termination of the Hatano Farm lease.
DISCUSSION:
Repurposing the Hatano Lease Area
Over the past several years, various City Councils have discussed terminating the Hatano
Farm lease agreement because of consistency concerns with the terms of the Program
of Utilization (POU), the General Plan and Palos Verdes Nature Preserve Public Use
Master Plan, specifically with the Public Use Master Plan (PUMP). City Councils have
also considered possibly repurposing the farm site.
Below is a brief summary of the various consistency concerns with the current Hatano
Farm operation.
Consistency with the POU:
The existing Hatano Farm at UPV is located within a portion of the property that is
regulated by the POU. The POU, which outlines uses and restrictions for the site, was
established in the 1970s when UPV was owned by the federal government and was
transferred to the City via the Federal Lands to Parks Program. The POU is administered
by the National Park Service (NPS) and the General Services Administration (GSA).
According to the POU, leasing all or a portion of the UPV property for commercial
purposes, in this case farming, is inconsistent with the POU. The City has been put on
notice to terminate the lease agreement by the NPS. Attached are email exchanges
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between NPS and staff regarding this concern included in the September 23, 2013, City
Council Staff Report (Attachment F).
Consistency with the General Plan:
The City of Rancho Palos Verdes General Plan stipulates that agricultural uses within the
City shall be encouraged since they are desirable for resources management and open
space (Goal LU.1.2.5 of the General Plan). In furtherance of this goal, the General Plan
includes Agricultural Activity Policies (p. 100) that: (1) encourage implementation
techniques for preservation of agricultural activities, (2) assist in the protection or
conservation of agricultural sites, (3) encourage continued operation of existing produce
and flower stands, not necessarily in present locations and structural types, but in concept
related to local agricultural use, and (4) preserve flower farming wherever possible, in
order to provide aesthetic appeal and visual accent.
Consistency with the Palos Verdes Nature Preserve:
The Palos Verdes Nature Preserve (Preserve) was formed, for the most part, in response
to the Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP).
A component of the NCCP/HCP is the Public Use Master Plan that identifies the permitted
public uses and activities within the Preserve.
The City’s NCCP/HCP and PUMP allows the continued operation of any farming activities
in the Preserve provided that such activities are not expanded. Farming is currently
conducted as an existing agricultural use at the Alta Vicente Reserve (Upper Point
Vicente / Civic Center) on the southeastern slopes along the Prickly Pear trail consisting
of approximately 5½ acres in size. This farming operation can continue provided the
appropriate City lease agreement is maintained, no habitat restoration is scheduled for
the site, and all agricultural practices and improvements remain consistent with the
NCCP/HCP. No other agricultural activities are allowed in the Preserve.
On May 20, 2014, as part of a larger discussion on the future of the farm operation, the
City Council extended the lease agreement indefinitely on a month-to-month basis until a
formal decision could be made (Attachment E). In 2015, Mr. Hatano passed away, and
since then, the farm operation has continued by Mr. Hatano’s long-time foreman, Martín
Martinez.
At this time, further use of the Hatano Farm in its current form is no longer in compliance
with the NCCP/HCP and PUMP as the concern related to commercial use and receiving
property use fees is occurring.
In light of the consistency concerns regarding the current operation of the Hatano Farm
as discussed above, the City Council may wish to consider a new use for the farm lease
area. In considering repurposing the farm lease area, which is approximately 5½-acres,
with a new use, Staff has identified the following options as potential uses of the area for
the City Council’s consideration:
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Option A - Community Garden
Staff has identified a community garden as a potential use option. As the City Council is
aware, the POU that controls this portion of the site prohibits commercial leases.
However, the PUMP allows for continued farming or agricultural uses at this site provided
that, among other things, the area is not expanded, no pest icides or herbicides are used,
and invasives plants are not introduced. This option 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
This option comes with a financial obligation. If a City-operated community garden is
selected as a preferred use, the City may likely incur additional costs. Costs associated
with this option may include, but are not limited to, maintenance and constructing a small
storage structure and composting facility. Some grading may be necessary to improve
access and usability, and some roadway improvements may be necessary to improve
site accessibility to Americans with Disabilities Act-compliant levels. At this time, staff has
not evaluated the exact cost associated with this option; however, if Council selects this
option, staff will return with estimated costs. It should be noted that the City may not be
able to assess any fees to avoid a potential commercial operation , and that in recent
conversations with the NPS, this use option would most likely be consistent with the POU.
Staff believes that this use option is consistent with the POU, General Plan, and Palos
Verdes Nature Preserve including the NCCP/HCP and PUMP .
Option B - Native Plant and Seed Nursery
The Palos Verdes Peninsula Land Conservancy (PVPLC) has expressed an interest in
using the site for growing native plants and seeds to be used in its habitat restoration
projects throughout the Palos Verdes Nature Preserve. As the City’s Habitat Manager for
the Preserve, and as stipulated in the NCCP/HCP, the PVPLC must restore at minimum
5 acres of habitat each year. To ensure proper seed material is available for this
endeavor, a native seed farm in the footprint of the current lease site within the Alta
Vicente Reserve boundary would serve to fulfill those obligations.
Locally sourced seeds provide the necessary genetic material for plants that have evolved
to the particular climate of the Peninsula and provide the best opportunities to support
Peninsula wildlife, including the endangered Palos Verdes blue butterfly.
Additional benefits could include providing seed material for City revegetation projects
and local residents to bring local pollinator species to their home gardens, schools, or
local businesses.
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Among other native wildflowers, the PVPLC would grow "golden poppies" of the coastal
variety to provide much-needed habitat to local pollinators and birds. PVPLC also
envisions educational opportunities and collaboration with the City, local schools and
other groups wanting to provide resources to our local youth ; creating interpretive signage
along the public trail that crosses through the farm to honor the site’s history; and working
with local historians to create a website dedicated to the site’s history.
The PVPLC has offered to manage the land consistent with the POU, NCCP/HCP and in
accordance with the RPV/PVPLC Management Agreement (Attachment C). This
arrangement would be consistent for the following reasons:
1. The use of the site by the PVPLC would not necessitate a lease agreement (POU
violation),
2. PVPLC would cultivate native plants consistent with the terms under the
City/PVPLC Management Agreement and NCCP/HCP (including the PUMP) to
support the ongoing goals of restoring habitat within the Preserve for the purposes
of providing habitat for covered species. The Management Agreement allows for
engaging in various habitat restoration and enhancement activities in the Preserve,
which may include the City’s UPV property. The Management Agreement also
states that "neither party may (i) lease or sublease the Preserve or any portion
thereof, except as expressly provided in the Plan and PUMP, or (ii) allow the same
to be used by any other person or organization for any other use than specified in
the Plan and PUMP". If PVPLC took over management of the land, it would be
consistent with enhancement activities on the Preserve and would remain
consistent with agricultural uses specified in the PUMP (i.e., the current footprint
of ±5½-acres acres would not be expanded).
The Management Agreement also stipulates that PVPLC must raise funding through
contributions and grants to support the NCCP/HCP and City's permit. PVPLC has been
successful in ensuring these resources are available to fulfill the terms of the NCCP/HCP
and would further dedicate resources to acquiring funds for the native seed farm.
Staff conferred with the City Attorney’s Office regarding this option. The City Attorney’s
Office stated this option could fall within the PVPLC habitat maintenance and revegetation
duties. However, if the Council selects this Option B, it is recommended that either the
existing Management Agreement be amended with a side letter agreement or a new
separate agreement be entered between the City and the PVPLC expressly outlining the
terms of the use and operation of the site.
Option B is consistent with the POU, General Plan, and the Palos Verdes Nature
Preserve, including the NCCP/HCP and PUMP.
Staff prefers Option B, the Native Plant and Seed Nursery, because of the already
established collaboration with the PVPLC and their current participation within the
Preserve. Their efforts in restoring at minimum 5 acres of habitat each year can include
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the City’s Upper Point Vicente property. Moreover, the plants and seeds grown in the
nursery could be used the replant areas within the Preserve and fuel modification areas.
Option C - Kitchen to Garden
Staff previously received an informal inquiry from the Terranea Resort, suggesting that it
might be interested in farming locally sourced, organic produce for its restaurant use.
This option would require an agreement between the City and Terranea, as a lease is not
permissible because of the stipulations in the POU. Moreover, this option may not align
with the POU as Terranea would ultimately use the items grown from the farm to be added
to their restaurant menus for commercial purposes.
Staff believes Option C is inconsistent with the POU and may be considered inconsistent
with the Palos Verdes Nature Preserve, including the NCCP/HCP and PUMP, and does
not recommend it.
Option D - Restore the Property to its Native Habitat
Pursuant to the NCCP/HCP and the PUMP, the Hatano Farm lease area could be
restored with native habitat. This could be achieved as a future restoration project in
partnership with the PVPLC as its habitat manager.
Staff believes Option D is consistent with the POU, General Plan, and the Palos Verdes
Nature Preserve, including the NCCP/HCP and PUMP
National Park Service
On November 5, 2021, staff met with David Siegenthaler, Regional Program Manager of
the Federal Lands to Parks with National Park Service, to discuss the four proposed use
options for future use of the Hatano Farm lease area. This conversation was
memorialized in an e-mail dated November 8, 2021. In response, Mr. Siegenthaler was
pleased to hear about the proposed options and indicated he would endorse the use
options with the exception of Option C (Attachment D). Mr. Siegenthaler stated:
“The original application stressed more open space, passive recreational
use of the area and preservation/restoration of native habitat. With that, two
of the options readily appear to be good fits with the current Program of
Utilization of the site: option “d” which would restore the area to its native
habitat, and option “b” which would establish a native plant nursery/native
seed farm. In either scenario, the plan would just need to include
mechanisms for public access and involvement”.
Furthermore, in Mr. Siegenthaler’s letter to staff, he also shared what the City can do to
ensure the remaining three options comply with the POU, General Plan and PUMP:
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“Option “a”, the community garden might also be an acceptable plan – it
could honor the agricultural history of the site and educate users about
raising food under the presenting circumstances. It would need a good
mechanism for ensuring equitable access to gardening opportunities for the
general public, such as rotations, lotteries, or etc”.
However, for option C, the Kitchen-to-Garden approach would require further analysis as
to determine if it would comply with “a public park and recreation use requirement and
with the public recreational purpose of the Federal Lands to Parks Program.”
Mr. Siegenthaler’s support solidifies staff preference of Option B for a Native Plant and
Seed Nursery.
Termination of the Hatano Farm Lease
Since Mr. Hatano's passing, Mr. Martinez continues to grow and cut flowers, vegetables,
and fruit, including large stands of opuntia cactus grown for their flesh (nopales) and fruit
(prickly pears) for commercial use. He pays the annual $100 rent in biannual installments
to continue using a portion of the UPV property for farming. Since the lease agreement
remains on a month-to-month lease agreement, Mr. Martinez can continue to farm and
maintain the property as long as the payments are being made.
Staff recently met with Mr. Martinez and informed him that the City Council is scheduled
to discuss this item at the November 16, 2021 , City Council meeting. Although Mr.
Martinez understands he has no authority over the property, he did express a great deal
of concern as this is his only form of income. He was reminded that the farming operation
is inconsistent with the terms of the POU.
Pursuant to the lease agreement (Attachment B), Mr. Martinez will be required to remove
equipment and personal property from the site upon termination. Specifically, Paragraph
13 of the 2006 lease agreement states:
"Lessee shall remove all equipment and other personal property from the Premise s
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."
In light of the inconsistency with the POU, Staff recommends terminating the Hatano Farm
operation and requiring Mr. Martinez remove the plantings, structures, and other
improvements and vacating the site no later than June 30, 2022.
ADDITIONAL INFORMATION:
During the March 17, 2020, City Council meeting, Mayor Pro Tem Bradley expressed his
concern of losing the historical significance of the Hatano Farm and suggested that the
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City continue its current practice to preserve what remains of this property and family.
Although that was not a part of the Council’s final recommendation, Staff would be inclined
to work on ensuring that this is not lost. Staff recognizes Mr. Hatano's farm at UPV is the
last vestige of the Japanese American truck farms that once dominated the Palos Verdes
Peninsula, particularly before World War II. If historical continuity is something of interest
to the City Council, Staff could come back at a later time on ways the City can
commemorate the Japanese American truck farm tradition. A few examples may include:
a) commemorative plaque alongside a seating area with flowers that were grown in
this location,
b) collaborate with Los Serenos and their guided tours of areas within the City and/or
c) interpretive signs along the public trail that traverses the area to honor the site’s
history.
CONCLUSION:
Given the compliance issues associated with the current lease agreement for the Hatano
Farm and given the feasibility of use options presented in this report, it is recommended
that the City Council direct Staff to pursue Option C and begin discussions with the
PVPLC to repurpose the site with a native plant and seed nursery; and direct Staff to
terminate the Hatano Farm lease agreement.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
1. Provide other direction to Staff regarding the future disposition of the farm site at
UPV.
2. Take no action at this time and allowing Mr. Martinez to continue with farming
operations on a month-to-month basis.
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B-1
LEASE AGREEMENT BETWEEN
rHE CITY OF RANCHO PALOS VERDES AND JAMES HATANO
AUTHORIZING THE LEASE OF CITY PROPERTY
AT POINT VICENrE 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 limited 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-
B-2
Lease Agreement wit~~:~es Hatano: Point Vicente/Civic ~~,~ .. ~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.
1 0) 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-
B-3
' .\ " .. :.·.-.,_ ··r/····. t
Lease Agreement witt'l''James Hatano: Point Vicente/Civic <..:etner Property
Page 3 of4
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
fails 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 whicl1 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.
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., ·\ '[}'':·:· --"?<''··:,,
Lease Agreement witn-"':James Hatano: Point Vicente/Civic L~ncer Property
Page 4 of4
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 -------
Date: __ r;_ ... _s_ ... _o....!..(,_ CITY OF RANCHO PALOS VERDES:
ATTEST:
647640 -4-
B-5
E."\i't;'+ A
Pco.TC\~o Leo.se..,
C-1
PALOS VERDES NATURE PRESERVE MANAGEMENT AGREEMENT
made by
THE CITY OF RANCHO PALOS VERDES
and
THE PALOS VERDES PENINSULA LAND CONSERVANCY
This Management Agreement (the "Agreement") is made as ofNovember 1, 2011, by and
between the City of Rancho Palos Verdes (the "City") and the Palos Verdes Peninsula Land
Conservancy, a California non-profit , public benefit corporation (the "PVPLC"), with reference
to the following facts:
A. The City, the PVPLC (as Habitat Manager), the California Department of Fish and
Game ("CDFG"), and the United States Fish and Wildlife Service ("USFW"; CDFG and USFW
being hereinafter referred to collectively as the "Wildlife Agencies ") are concurrently herewith
preparing for the City's and the Wildlife Agencies' adoption the Rancho Palos Verdes Natural
Community Conservation Plan/Habitat Conservation Plan (the "Plan"). The purpose of the Plan,
upon completion and adoption, is to estab lish the Palos Verdes Nature Preserve (the "Preserve")
within the plan area described in the Plan (the incorporated area of the City of Rancho Palos
Verdes) in order to provide mitigation for the future taking of covered species identified in the
Plan as the result of projects and activities performed in the Plan area by the City and third
parties. Although the Plan was completed in 2004 and approved by the City Council on August
31, 2004, the Plan has not been formally approved by the Wildlife Agencies . The City-approved
plan is being updated to reflect changes in land acquisit ion that have occurred since 2004. Thus,
the Plan is presently in a draft form. The City, the PVPLC and the Wildlife Agencies anticipate
completion of the Plan and its adoption in 2012.
B. The boundaries of the Preserve are set forth in the Plan, but for the avoidance of doubt,
consist of the properties identified on Exhibit A attached to and incorporated in this Agreement
by this reference. The Preserve consists of land dedicated to the Preserve by the City and the
PVPLC for the purpose of open space conservation, habitat preservation, public use and related
activities cons istent with the conservation goals of the Plan. The Preserve lands are subject to
conservation easements, as required under the Plan.
C. A Public Use Master Plan (the "PUMP") mu st be prepared jointly by the City and
PVPLC and approved by the City Council and Wildlife Agencies to establish certain rules and
criteria for public use of the Preserve, as provided under the Plan.
D. With the approval of the Wildlife Agencies , the City has designated the PVPLC as
"Habitat Manager" under the Plan. The Plan delegates various independent and mutual
responsibilities for Preserve management to the City and the PVPLC. The Plan anticipates that
the City and the PVPLC will enter into a management agreement respecting their rights and
obligations.
Palos Verdes Nature Preserve Management Agreement 1399471 v 4
Final Version -Approved by the Ci ty Counc il on !-Novemb er 201 1
Page 1 of20
C-2
E. Pending completion and adoption of the Plan in its final form, on December 20, 2005,
the City and PVPLC entered into an agreement (amendment No.1 to the pre-existing
City/PVPLC Forrestal Management Agreement) (the "Forrestal Agreement") authorizing the
PVPLC to begin management of the properties enrolled in the Preserve, as of that time, in
accordance with the management responsibilities of the Plan, as approved by the City on August
31, 2004. As a result, since January 2005, the PVPLC has been compensated by the City to
manage the Preserve on the City's behalf by engaging in various habitat restoration and
enhancement activities in the Preserve in anticipation of final completion and adoption ofthe
Plan.
F. On June 19, 2007, an agreement (amendment No.4 to the Forrestal Agreement) was
entered into between the City and the PVPLC authorizing the PVPLC to perform habitat
maintenam;e activities at the City-owned "Oceanfront" properties for a cost of $15,000 per year
(adjusted annually by the City for inflation).
G. The property subject to the Forrestal Agreement is now a portion of the larger Preserve.
The responsibilities of the PVPLC and the City are more extensive with respect to the Preserve,
and so the parties desire to enter into a more comprehensive management agreement replacing
the Forrestal Agreement and any other prior management agreements respecting the Preserve.
Capitalized terms used in this Agreement and not otherwise defined shall have the meanings
given such terms in the Plan.
Now, therefore, for good and valuable consideration, the City and the PVPLC agree as
follows:
1. Financial Obligations of the Parties Pursuant to the 2004 Plan.
1.1 PVPLC Financial Obligations.
(a) Cash and In Kind Service Contributions. The PVPLC shall provide annual
support to the Preserve consisting of (i) at least $50,000 (2006 baseline payment) in cash
expenditures (the "PVPLC Expenditures"), and (ii) in-kind services, in each case to perform or
support its performance of the obligations set forth in Exhibit B-1 and Exhibit C referenced in
Section 2.3(a) below and incorporated herein by this reference. Commencing as of2007, the
amount of the PVPLC's Expenditures shall be increased annually for inflation based on the
Consumer Price Index (CPI) for Los Angeles County for all consumers for the month of
February of each calendar year. In years where there is no inflation increase, the annual
contribution shall not be adjusted.
(b) Volunteer Hours. In addition to the PVPLC Expenditures and the PVPLC' s
annual in-kind services, the PVPLC shall organize and provide for the benefit of the Preserve, on
an annual basis, volunteer service hours in an amount valued at not less than $50,000. Volunteer
services shall be valued using the most comparable current commercial rates as developed by
Independent Sector, or if such resource ceases publication or is not applicable to the services
provided, then a reasonably similar index or valuation source. The volunteer hours shall be used
to perform or support the PVPLC' s performance of its responsibilities under the Plan or this
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Agreement, which include but may not be limited to the obligations set forth in Exhibit B-1 and
Exhibit C referenced in Section 2.3(a) below.
(c) Financial Records . The PVPLC shall provide financial records, as required from
time to time under the terms of the Plan, to be included in the annual report to the City and
Wildlife Agencies on the status of the Preserve. In addition, the PVPLC shall provide reasonable
evidence of the PVPLC Expenditures, the PVPLC 's in-kind services and the PVPLC's volunteer
service hours required under this Section.
1.2 City Financial Obligations.
(a) Cash Payments . The City shall pay to the PVPLC the annual sum of$100,000
(2006 baseline payment) in cash (the "Preserve Management Payment"), subject to adjustment as
set forth in this Agreement, to assist the PVPLC in performing its obligations set forth in Exhibit
B-1 referenced in Section 2.3(a) below, payable quarterly at least thirty (30) days in advance of
the quarter when such payment is due. In addition to the Preserve Management Payment, the
City shall pay to the PVPLC the annual sum of $15,000 (2007 baseline payment) cash (the
"Oceanfront Estates Management Payment") to perform the habitat and trail maintenance
responsibilities listed in Exhibit Con the City's Oceanfront Preserve properties, payable
annually at the start of the City's fiscal year. Commencing the year following the baseline
payment (which is 2007 for the Preserve Management Payment and 2008 for the Oceanfront
Estates Management Payment), each shall each be increased annually for inflation based on the
Consumer Price Index (CPI) for Los Angeles County for all consumers for the month of
February of each calendar year. In years where there is no inflation increase, the annual
contribution shall not be adjusted.
(b) In-Kind Services. In addition to the Preserve Management Payment and the
Oceanfront Estates Management Payment, the City shall perform the in-kind services on an
annual basis set forth in Exhibit B-2 referenced in Section 2.4(a) below.
1.3 Revision to Inflation Index. If the annual CPI adjustment to the monetary contributions
set forth in this Section 1 no longer reflects the costs to perform any of the obligations of the
parties set forth in this Agreement, either or both of the parties may request that the Agreement
be revised to incorporate a revised formula or index that more accurately reflects the cost to
perform the obligation(s). The Wildlife Agencies also shall approve the revised index or
formula.
2. Preserve Management.
2 .1 Mutual Cooperation and Notification. The PVPLC and the City wish to cooperate in
the operation of the Preserve so that each entity can perform its duties to the benefit of the
Preserve, the habitat and species that occupy the Preserve, and the general public. The City and
the PVPLC recognize that communication is a key element of a successful relationship. To that
end , the City and the PVPLC each shall notify the other of special events that it intends to
conduct in the Preserve so that the events can be coordinated and do not conflict with each
other. The City and the PVPLC shall discuss the scheduling and coordination of upcoming
activities, events or tours in the Preserve at the monthly meetings that are attended by City and
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PVPLC Staff described in sections 2.3 (a)(iv) and 2.4(a) of this Agreement. In order to promote
smooth operation of the Preserve and the activities that are conducted therein, the PVPLC and
the City shall make reasonable efforts to notify each other of unusual activities or if special
guests will be touring the Preserve, so that such activities or tours can be conducted as smoothly
as possible.
2.2 City Authority. Subject to the provisions of the Plan, the City shall have the authority
to approve or deny all uses and activities on City-owned land in the Preserve.
2.3 PVPLC Obligations, Rights and Permissive Activities.
(a) Preserve Management. The PVPLC is responsible for performing the Preserve
management responsibilities required by the Plan as set forth in Exhibit B-1 attached hereto and
incorporat~d herein by reference. The PVPLC is responsible for performing habitat and trail
maintenance responsibilities on the City's Oceanfront Estates preserve properties as set forth in
Exhibit C attached hereto and incorporated herein by reference. The PVPLC shall at all times
cooperate with the City in its performance of such management obligations.
(i) The PVPLC, including all its employees, volunteers and board members,
shall have access to the Preserve at any hour during any time of the year, including through the
use of motorized vehicles to perform any of the maintenance responsibilities set forth in Exhibit
B-1 . If said access is to occur when the Preserve is not open to the public pursuant to the City's
Municipal Code, notification of said planned access shall be provided to the City at the required
monthly City/PVPLC meetings described in section 2.3(a)(iv) of this agreement. The City shall
provide to the PVPLC, and, if applicable, the PVPLC shall provide to the City, keys , sensors,
remote controllers, pass codes or other entry devices to all gates or other vehicle entry controls at
all Preserve entrances from time to time established. The PVPLC shall have the right to use such
other motorized machinery in the Preserve as and to the extent reasonably necessary to perform
its obligations and the Permissive Activities (hereinafter defined) under this Agreement.
(ii) The PVPLC shall maintain the Del Cerro Donor Recognition Site located in
Del Cerro Park, which shall include responsibility for any cleaning, repairs, modifications or
additions to that Site, unless the PVPLC and the City agree in writing (as approved by the City
Council as and when necessary or desirable) that the City shall be responsible for some aspect of
the required maintenance.
(iii) The PVPLC shall maintain any future donor recognition sites or markers it
installs in the Preserve either under this Agreement or the PUMP pursuant to permission of the
City, unless the PVPLC and the City have agreed in writing (as approved by the City Council as
and when necessary or desirable) that the City shall maintain a recognition site or marker
constructed by the PVPLC.
(iv) The PVPLC shall meet with representatives of City staff on a monthly basis
to discuss, without limitation, the status of management efforts , Preserve operations , trail
maintenance/repair projects, priorities for activities in the Preserve, and issues relating to or
arising in the context of the PUMP . In addition, at the monthly meetings, the PVPLC shall
notify the City of any forthcoming tours , events or activities in the Preserve, including any
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Permissive Activities identified in attached Exhibit B-3 . Any notification that is given at a
monthly meeting is for the purpose of promoting the smooth operation of the Preserve for the
mutual benefit of both the City and the PVPLC. Except as provided in paragraph (b) below,
failure of the PVPLC to give notice of a Permissive Activity to the City at a monthly meeting
shall not be a breach of this Agreement by the PVPLC.
(v) The PVPLC shall participate in the presentation of the Annual Report to the
City Council (as defined in and required under the Plan).
(b) Permissive Activities . The PVPLC shall be permitted to undertake certain
activities in the Preserve identified on Exhibit B-3 as permissive activities (the "Permissive
Activities"), but without any obligation to do so, the undertaking of such Permissive Activities
being within the PVPLC's sole discretion, subject to the approval process set forth in this
paragraph (b). The City acknowledges that the Permissive Activities form a material part of the
PVPLC's connection to and responsibilities in the Preserve and its ability to obtain donations and
volunteer services as required under this Agreement and otherwise, and are a material
inducement to the PVPLC' s agreements herein. The PVPLC shall at all times cooperate with the
City in conducting Permissive Activities in the Preserve. All Permissive Activities shall be
performed in a manner consistent with the Plan and the PUMP and shall be conducted in
accordance with the following :
(i) The PVPLC shall give advance written notice of at least five (5) business
days to the City's Director of Community Development ("Director") or the Director's designee
of the PVPLC's desire to undertake a Permissive Activity (the "Permissive Activity Request").
The Permissive Activity Request shall state on its face that it does or does not involve or require
any of the following: (A) closing trails to public use temporarily or permanently, (B) Performing
any trail maintenance or repair of any unimproved trails on City property, (C) the issuance of
City permits, (D) obtaining additional or special insurance, (E) bringing exceptionally large
numbers of people (1 00 or more) into the Preserve, (F) bringing more than two vehicles into the
Preserve, or (G) the presence of public safety personnel (e.g., law enforcement, fire, life safety).
If the Permissive Activity Request states that it does not involve or require any of the special
circumstances identified in (A) through (G), inclusive, then the Director shall have up to five (5)
calendar days to notify the PVPLC whether, in the Director's reasonable discretion , he or she
believes the Permissive Activity described in the Permissive Activity Request does involve or
require one or more of the foregoing special circumstances, and which special circumstances are
involved . If the PVPLC provides written notice to the Director during the period when City Hall
is closed between Christmas and New Year's Day, then the time periods within which the City
must respond , shall be extended by five additional business days.
(ii) Any Permissive Activity that is identified by the PVPLC or the City as
involving or requiring any of the special circumstances identified above shall not occur or
commence for a minimum of fifteen (15) calendar days following the City 's receipt of a
Permissive Activity Request from PVPLC. Any Permissive Activity that is identified by PVPLC
and the City as not involving or requiring the special circumstances identified above may occur
or commence promptly following the PVPLC 's receipt ofthe City's written concurrence from
the Director within the five business day period that no special circumstances are involved or
required.
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(iii) The City Manager or his/her designee shall have fifteen (15) days from
receipt of the Permissive Activity request that is determined to involve or require special
circumstances to review the same and notify the PVPLC of any requirements, conditions or
restrictions that shall govern the Permissive Activity, or to notify the PVPLC that the Permissive
Activity is not approved . The fifteen day period commences upon notice to the Director from
the PVPLC that any of the special circumstances that are set forth in paragraph (i) above are
involved with the particular request or from the Director's determination that special
circumstances are involved. Given the importance of the Permissive Activities to the PVPLC 's
mission and responsibilities to the Preserve, the City's failure to notify the PVPLC within such
fifteen (15) day period of any requirements, conditions or restrictions , or of disapproval , shall
conclusively be deemed the City's approval without requirement, condition or restriction. To the
extent that the Permissive Activity is directly related to the PVPLC's habitat monitoring,
restoration and maintenance responsibilities under or in furtherance of the Plan, the City may not
disapprove' the Permissive Activity, but may impose reasonable requirements, conditions and
restrictions ; provided, however, that this restriction on the City's authority does not apply to trail
closures exceeding thirty calendar days in length, which are within City Council 's discretion to
approve or deny.
(iv) Notwithstanding the foregoing, in the case of any Permissive Activity
required or desired in the event of an emergency, the PVPLC shall provide as much advance
notice as is reasonably feasible and, if the PVPLC is unable to provide advance notice, shall
notifY the City of any such emergency action not less than twenty-four (24) hours after the action
has been taken.
(v) Regardless of any requirement, condition or restriction imposed by the City,
or any lack thereof, all Permissive Activities shall comply with : (A) the City's laws, ordinances,
regulations and rules , including, without limitation, those governing departmental review, site
and plan review, and permitting, and (B) all applicable laws , ordinances, regulations and rules of
any other governmental authority with jurisdiction over such activities. The City shall not be
required to include or reference the legal requirements of subparts (A) and (B) of this paragraph
when providing its requirements, conditions or restrictions, nor does the fifteen-day notice period
described above create any right in the PVPLC to conduct its Permissive Activity immediately at
the end of such notice period. The PVPLC is responsible for assuring legal compliance of its
Permissive Activities as required under subparts (A) and (B) of this paragraph.
(vi) For purposes of this Section 2.3(b), n otices between the City and the PVPLC
may be in the form of electronic mail or may be by telephone if confirmed by electronic mail or
other writing.
2.4 City Rights and Obligations.
(a) Specific Obligations. In addition to the City's responsibilities as provided herein,
in the Plan, and as may from time to time be required as an owner efland enrolled in the
Preserve, the City shall perform the work or provide the services set forth in Exhibit B-2 attached
hereto and incorporated herein by reference. All such work and services shall be performed in a
manner consistent with the Plan and the PUMP . The City shall meet with representatives of the
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PVPLC on a monthly basis to discuss status of management efforts and Preserve operations,
including, without limitation, issues relating to the PUMP . In addition, at the monthly meetings,
the City shall notify the PVPLC of any forthcoming City projects, tours, events or activities in
the Preserve. The City shall at all times cooperate with the PVPLC in its performance of such
management obligations.
(b) Reservation of Rights and Obligations to City. All powers, rights and obligations
not granted or delegated to the PVPLC under this Agreement are expressly reserved to or remain
the rights or obligations, as applicable, of the City. The City will conduct its activities in and
with respect to the Preserve in accordance with the Plan and will enforce the restrictions and
provisions of the PUMP within the Preserve.
2.5 Preserve Naming Opportunities. The City-owned Preserve properties or portions
thereof, along with scenic points or trails within the Preserve, may be named after donors who
make monetary contributions to the City or PVPLC toward acquisition or management of the
Preserve, pursuant to the provisions of Exhibit D, which is attached hereto and incorporated
herein by reference. The installation of donor recognition overlooks, vista points, trail markers
locations and other sites to recognize such donors is and shall be allowed on the City-owned
property in the Preserve, provided the City Council approves the location, size, and signage
associated with said recognition sites. The sites identified on Exhibit D have been previously
approved as of the date of this Agreement and do not require further approval.
2.6 Habitat Restoration Plan Review Protocol. Pursuant to the Plan, in 2010, and every
three years thereafter, the PVPLC is required to prepare a new 3-year Habitat Restoration Plan
(the "HRP ") for the purpose of performing habitat restorati on somewhere in the Preserve. The
following review protocol must be followed for all future HRP's on City-owned property :
(a) The PVPLC shall prepare a draft HRP and submit it to the Community
Development Director (the "Director").
(b) The Director shall distribute the draft HRP to the Public Works Department,
Recreation and Parks Department, City Manager's office and City Geologist for review.
(c) A meeting shall be held among the four City Department representatives described
above and the PVPLC staff to discuss any issues or concerns with the draft HRP.
(d) Once the applicable City Departments agree to the draft HRP , then the Director
shall approve the draft HRP on behalf of the City.
(e) The PVPLC shall then submit the City-approved draft HRP to the Wildlife
Agencies for approval.
(f) Once approved by the Wildlife Agencies, the PVPLC shall implement the fully
approved HRP and shall provide public notice of the proposed habitat restoration work at least
thirty (30) days prior to initiating said work to all property owners within 500 feet of the property
on which the restoration will be performed (based on a list of property owners the City provides to
the PVPLC), and the City shall provide notification to all NCCP listserv subscribers .
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2.7 Protocol for the City Review of Habitat Restoration Projects Arising from Grants or
Mitigation Projects of Other Jurisdictions . The Plan states that the City and PVPLC will actively
pursue public and private funding sources to undertake restoration projects beyond the minimum
restoration requirements of the Plan. In addition, it is expected that other jurisdictions will
approach the City or PVPLC with funding for habitat restoration projects in the Preserve to meet
their own project mitigation requirements . As a result, the following review protocol will be
followed for proposed habitat restoration projects in the Preserve stemming from grants or
mitigation projects for other jurisdictions :
(a) At the earliest possible opportunity, the PVPLC shall provide a description of the
proposed project/grant to the Director.
Cl?) The Director shall review the project/grant for consistency with the Plan and any
other applicable City plans and forward the proposal to the City Manager with a
recommendation.
(c) If the City Manager agrees to seek the grant or project, the PVPLC, working in
conjunction with appropriate City staff, may pursue the subject grant/project.
(d) If the grant or project is awarded for a project on City owned land, before the
grant/project is implemented, the PVPLC shall submit a habitat restoration plan to the Director,
who will then transmit the plan to all the appropriate City Departments and City Geologist for
review .
(e) All appropriate City department representatives and the PVPLC staff shall meet to
discus s any is sues or concerns with the proposed project.
(f) Once all City Departments agree to the project, the project shall be approved by
the Director. No work will be initiated until the Director provides written approval of the
proposed restoration project.
(g) Once the Director has approved the project, the PVPLC shall implement the
approved project and shall provide public notice of the proposed habitat restoration at least thirty
(30) days in advance of said work to all property owners within 500 feet of the property on
which the restoration will be performed (based on a list of property owners the City provides to
the PVPLC), and the City shall provide notice to all NCCP listserv subscribers.
(h) Once the PVPLC receives the grant/mitigation funding, a fee equal to 1% of the
total grant/mitigation funding shall be paid to the City to cover the cost of City staffs
administrative costs, as and to the extent permitted by the funding organization.
(i) The PVPLC will provide the City with monthly updates on the status of all
submitted grant applications and projects .
2 .8 Community Participation .
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(a) PVPLC Community Outreach. The PVPLC will use reasonable efforts to ensure
public involvement and participation in the management and periodic evaluation ofthe Preserve.
Such efforts may include, but are not limited to, PVPLC's participation in the Annual Report
presentation to the City Council ; involving members ofthe community as "keepers" to provide
regular monitoring of the Preserve; soliciting public comments through outreach such as
comment boxes, mailings, events and workshops ; and inclusion of members of the public on
committees that the PVPLC may from time to time establish.
(b) PUMP. In accordance with the Plan, the City and the PVPLC are and shall be
jointly responsible for completing the PUMP, as well as completing any amendments or
modifications to the PUMP or any replacements or substitutions of the PUMP. Pursuant to the
Plan, the PUMP and any subsequent amendments must be approved by the City Council and
Wildlife Agencies . The PUMP shall include a process for amendments that includes PVPLC
advice on and consent to matters that in the reasonable judgment of the PVPLC impact
biological protection, such a~ open space preservation, habitat preservation and restoration and
species protection. In the event the City approves or adopts actions with respect to the PUMP
that the PVPLC reasonably believes interfere with the PVPLC's performance of its obligations
under the Plan or this Agreement, the PVPLC may submit such matter to one or both of the
Wildlife Agencies for mediation under Section 8.1 (d) hereof. The decision or direction of the
Wildlife Agencies in such matter shall be binding upon the parties. The City and the PVPLC
acknowledge and agree that the provisions of the PUMP may directly impact the ability of the
PVPLC to perform its obligations under this Agreement and as Habitat Manager under the Plan;
therefore , the PVPLC' s participation in the PUMP creation and amendment process are a
material inducement to the PVPLC's agreements herein.
2.9 Installation/Maintenance of Improvements/Features in the Preserve.
(a) The installation of any structures or features in the Preserve, including but not
limited to new or repaired trails , drainage/erosion control devices, vista points, benches, or
fencing beyond the individual responsibilities listed in attached Exhibits B-1 and B-2 and beyond
those completed pursuant to Section 2.4 of this Agreement shall be decided through the annual
PUMP review process. The funding for any such improvements is not covered by the financial
obligations listed in Section 1 of this Agreement and thus must be funded by either by the
PVPLC, discretionary budget allocations approved by the City Council or the awarding of
outside grants to the City or PVPLC.
(b) The PVPLC shall maintain any structures or features it installs in the Preserve,
and the City shall maintain any structures or features it installs in the Preserve, such as , but
without limitation, kiosks , benches, post and rope or other fencing, drainage/erosion control
devices and irrigation, unless the PVPLC and City mutually agree in writing to a different
maintenance responsibility.
3. Planning, Monitoring and Reporting.
3.1 PVPLC Obligations. The PVPLC shall provide to the City plans, GIS shape files,
documents and reports with respect to species monitoring, predator control and habitat
restoration, and habitat manager recommendations, all as, when and to the extent required by the
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Plan and the Wildlife Agencies . The PVPLC shall meet with the Wildlife Agencies and the City
to review, assess and coordinate Plan implementation (the "Annual Meeting") according to the
meetings requirements of the Plan. The PVPLC has submitted the initial Preserve Habitat
Management Plan as required under the Plan.
3.2 City Obligations. The City shall review and provide comment as necessary on all plans
prepared by the PVPLC that are required by the Plan to be submitted to the City. The City shall
transmit all completed reports to the Wildlife Agencies as required by the Plan. The City shall
provide the Habitat Tracking Report using the Habitrak system or equivalent system acceptable
to the Wildlife Agencies as required by the Plan. The City shall coordinate the Annual Meeting.
4 . Term. This Agreement shall become effective on the date it is fully executed by both the
City and the PVPLC (the "Effective Date"). At such time as the Plan is approved by the Wildlife
Agencies ap.d adopted by the City Council, this Agreement shall become, without the necessity
of further approval, execution or ratification, the management agreement anticipated or required
under the Plan and shall expire on the same date as Plan expiration, unless earlier terminated or
replaced by mutual agreement of the City and PVPLC or unless terminated pursuant to the
provisions of Section 8.1 (d) of this Agreement. In the event the Wildlife Agencies and the City
conclude in writing that they will not or are not able to complete the Plan, the City shall so notify
the PVPLC and this Agreement shall terminate on that date which is the 180th day following the
date of the City's notice to PVPLC.
5. Insurance.
5 .1 PVPLC Insurance. The PVPLC, at its own cost and expense, shall at all times during
the effectiveness of this Agreement obtain and maintain the following insurance policies and
coverages with the following limits, and shall furnish the City with evidence of such insurance
from one or more insurers that are admitted to do business in the State of California with a
minimum rating of A-VII by A .M. Best Company:
(a) general liability insurance in an amount not less than One Million Dollars
($1 ,000,000) Combined Single Limit per occurrence;
(b) automobile liability insurance as required by law covering any motor vehicle that
is used by the PVPLC in connection with this Agreement, but in no event less than Five Hundred
Thousand Dollars ($500,000) Combined Single Limit per occurrence;
(c) worker's compensation/employ er's liability insurance as and to the extent
required by the provisions of sections 3700 et seq. of the California Labor Code (which requires
every employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that Code); and
(d) employer's liability insurance in an amount not less than Two Hundred Fifty
Thousand Dollars ($250,000).
5.2 City Insurance. The City, at its own cost and expense, shall at all times during the
effectiveness of this Agreement self-insure under a joint powers insurance authority or other
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available municipal insurance program, insuring against casualty, injury or death to persons, and
damage to or destruction of property caused by the City's actions in connection with the
Preserve.
5.3 Additional Insureds. The PVPLC and the City each shall obtain, to the extent available
and to the extent commercially reasonable under their respective insurance programs, additional
insured endorsements issued by their respective liability insurer and/or joint powers authority
which name the other contracting party as an additional insured. Additionally, in the event the
PVPLC hires contractors or third parties to perform work on City-owned properties in the
Preserve, in accordance with the provisions of this Agreement, the PVPLC shall require such
contractors to provide insurance in the amounts set forth in Paragraph 5.1, and such insurance
policies shall name the City and the PVPLC as additional insureds.
5.4 Combined Coverage. Any insurance required hereunder may be combined with
insurance obtained for other activities ofthe insured.
5.5 Notice of Change in Insurance. Each party shall used its commercially reasonable
efforts to cause all insurance required under this Agreement to expressly provide that such
insurance shall not be cancelled or materially reduced in coverage or limits except after thirty
(30) days written notice is provided by receipted delivery to the party named as an additional
insured.
5.6 Default. Cancellation, lapse or reduction of insurance below the minimums required in
this Section shall constitute a default under this Agreement, entitling the non-defaulting party to,
at its discretion, exercise its remedies under Section 8.1(d) of this Agreement.
5.7 Waiver of Subrogation. With respect to property damage, each party waives its rights
of recovery against the other for any claim to the extent that the applicable insurance policies so
permit, and the party obtaining such insurance shall use commercially reasonable efforts to
obtain a waiver of subrogation endorsement or similar endorsement.
6. Hazardous Materials.
6 .1 Definitions . The term "Hazardous Materials" shall mean any chemical, substance,
material, or waste or component thereof which is now or hereafter listed, defined or regulated as
a flammable explosive, radioactive material, hazardous or toxic chemical, substance, material or
waste or component thereof by any federal , state or local governing or regulatory body having
jurisdiction over Hazardous Materials, or which would trigger any employee or community
right-to-know requirements adopted by such body, or for which any such body has adopted any
requirements for the preparation or distribution of a material safety data sheet. Without limiting
the generality of the foregoing, "Hazardous Materials" shall include, but be not limited to: (a)
hazardous, toxic or radioactive substances as defined in California Health and Safety Code
section 25316, as amended from time to time, or a related defined term in any successor or
companion statutes, and (b) crude oil or byproducts of crude oil, other than crude oil which exists
on the Preserve as a natural formation.
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6.2 Use of Hazardous Materials. Neither the PVPLC nor the City may use, store, maintain,
handle, release , discharge, dispose, generate or transport (collectively, as a verb or noun, "Use")
within the Preserve any Hazardous Materials other than those types and quantities of substances
customarily used in connection with the activities or services contemplated under the terms of
this Agreement. Each party shall give reasonably prompt written notice to the other of the types
and quantities of Hazardous Materials each intends to Use in the Preserve. Any permitted Use of
Hazardous Materials in the Preserve shall be strictly in accordance with applicable laws and
manufacturer's instructions. If any applicable law or the Preserve's trash removal contractor
requires that permitted Hazardous Materials or their containers be disposed of separately from
ordinary municipal solid waste, the party who Used such Hazardous Material shall make
arrangements at its own expense for such disposal directly with a licensed disposal company at a
lawful disposal site. If the PVPLC makes such arrangements for separate disposal of Hazardous
Materials it Used, then it shall promptly provide the City with a copy of all uniform hazardous
waste man\fests or other documentation regarding the Use of such Hazardous Material. Upon
the expiration or earlier termination of this Agreement, PVPLC shall promptly cause the
complete and lawful removal of any unused permitted Hazardous Materials which it stored on
the Preserve.
6.3 Compliance with Hazardous Materials Laws. Each party hereby warrants and
represents to the other that it shall comply with all federal, state, and local laws and regulations
concerning the Use (including temporary storage) of Hazardous Materials at and in the Preserve.
6.4 Cleanup ofHazardous Materials-Third Party Release. If Hazardous Materials are
discovered in soils or groundwater of the Preserve, and neither party released, discharged, or
disposed of the Hazardous Material, then as between the City and the PVPLC, the City shall
have the obligation to monitor, investigate and/or remediate the Hazardous Material if it is
located on a City-owned property, and any such monitoring, investigation and/or remediation is
required. Nothing herein shall be deemed to prevent the City from seeking any and all
appropriate redress from any person or entity responsible for the release, discharge or disposal of
such Hazardous Materials . Likewise, ifHazardous Materials are discovered in soils or
groundwater of the Preserve, and neither party released , discharged , or disposed of the
Hazardous Material, then as between the City and the PVPLC , the PVPLC shall have the
obligation to monitor, investigate and/or remediate the Hazardous Material if it is located on a
PVPLC-owned property, and any such monitoring, investigation and/or remediation is required.
Nothing herein shall be deemed to prevent the PVPLC from seeking any and all appropriate
redress from any person or entity responsible for the release, discharge or disposal of such
Hazardous Materials .
6.5 Cleanup of Hazardous Materials-City or PVPLC Release. If any Hazardous Material
is released, discharged, or disposed of by either party or by their officers, agents, contractors,
employees or assigns, on, in, under or about the Preserve during the term of this Agreement in
contravention of law or this Agreement, then the responsible party shall immediately and in
compliance with all applicable laws, regulations or orders, clean up and remove the Hazardous
Material from the Preserve or any affected real property, and clean or replace any affected
personal property.
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6.6 PVPLC's Indemnity of City. The PVPLC agrees to indemnify, defend and hold
harmless the City, its agents, officers, and employees from or against all liability, expenses,
including defense costs, legal fees and response costs imposed by law, and claims for damages of
any nature whatsoever which arise out of the Use or presence ofHazardous Materials on the
Preserve caused by authorized or unauthorized action of the PVPLC staff, officers, or its
contractors. If the City believes that a claim falling within the provisions of this indemnification
clause have been made against it, then it shall within ninety (90) days tender written notice of
any such claim and any supporting materials to the PVPLC. The City shall cooperate fully in all
regards with respect to the PVPLC's defense of any claim against the City.
6.7 City's Indemnity ofPVPLC. The City agrees to indemnify, defend and hold harmless
the PVPLC, its agents, officers, and employees from or against all liability, expenses, including
defense costs, legal fees and response costs imposed by law, and claims for damages of any
nature whatsoever which arise out of the Use or presence of Hazardous Materials on the Preserve
caused by authorized or unauthorized action of City staff, or its other assigns, contract parties,
vendors or third parties. If the PVPLC believes that a claim falling within the provisions of this
indemnification clause have been made against it, then it shall within ninety (90) days tender
written notice of any such claim and any supporting materials to the City. The PVPLC shall
cooperate fully in all regards with respect to the City's defense of any claim against the PVPLC.
6.8 Survival. Subsections 6.4, 6.5, 6.6 and 6.7 ofthis Section shall survive the expiration
or earlier termination of this Agreement.
7. General Indemnities.
7.1 PVPLC's Indemnity of City. The PVPLC agrees to indemnify, defend, and hold
harmless the City and its officers, employees, agents, and assigns from and against all liabilities,
expenses, defense costs, legal fees, claims, suits, and judgments for damages (Liabilities) which
arise out of an act or omission of the PVPLC or any of its agents, employees or assigns arising
from the PVPLC's obligations under this Agreement to the extent not paid by the insurance
required and obtained under this Agreement, except for any Liabilities that arise out of the sole
negligence or willful misconduct of the City.
7.2 City's Indemnity ofPVPLC. City agrees to indemnify, defend, and hold harmless the
PVPLC and its officers, directors, employees, agents, and assigns from and against all liabilities,
expenses, defense costs, legal fees, claims, suits, and judgments for damages (Liabilities) which
arise out of an act or omission of the City or any of its agents, employees or assigns arising from
the City's obligations under this Agreement to the extent not paid by the insurance required and
obtained under this Agreement, except for any Liabilities that arise out of the sole negligence or
willful misconduct of the PVPLC . Nothing herein is or shall be construed to be the City's
waiver with respect to third party claims of any immunity or defense applicable specifically to
incorporated cities in the State of California provided by statute or common law.
8. Default.
8.1 Notice and Cure; Remedies. In the event that either party breaches, defaults or
materially fails to comply with any of the provisions contained in this Agreement, the non-
Palos Verdes Nature Preserve Management Agreement 13 994 71 v 4
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C-14
defaulting party shall provide the defaulting party with written notice identifying the alleged
default and demanding that the defaulting party cure such breach, default or non-compliance. If
the defaulting party does not cure such breach, default or non-compliance within thirty (30) days
of the date of the default notice or, in situations where cure reasonably requires longer than 30
days, make reasonable progress toward cure to the satisfaction of the non-defaulting party within
thirty (30) calendar days of the date of the default notice, the non-defaulting party may exercise
one or more ofthe following remedies:
(a) Setoff. In the event the default results from the failure of a party to provide its
required financial contributions, the non-defaulting party may pay such amounts and set off such
payments against amounts the non-defaulting party owes to the defaulting party, whether under
this Agreement or otherwise; provided, however, that such setoff may not apply to the non-
defaulting party's contributions under this Agreement, which must continue to be made
notwithstanding the occurrence of a default.
(b) Self-help. After the expiration of the cure period, the non-defaulting party may
take such action as is necessary to cure the default and seek to recover all costs relating to such
cure from the defaulting party.
(c) Judicial Action. With or without terminating this Agreement, the non-defaulting
party may seek from a court of proper jurisdiction (i) a temporary restraining order or injunction
to prevent the continuation of any act in contravention of this Agreement, which may be sought
on an ex parte or shortened notice basis, subject to the determination of the court; (ii) a
mandamus or specific performance order requiring the defaulting party to take such action as is
required under this Agreement to cure the default; (iii) a declaration of the rights of the parties in
connection with the default or dispute arising therefrom; or (iv)damages from the defaulting
party. '
(d) Termination. In the event that the default results in non-compliance with this
Agreement , the non-defaulting party may terminate this Agreement. The non-defaulting party
shall submit the request for termination in writing to the c.ther party and to the Wildlife
Agencies. Any such submittal made by the City must include a provision for continued
compliance with the terms of the Plan. No termination of this Agreement shall result in
termination or revocation of the conservation easements granted to the PVPLC, unless
specifically agreed to in writing by City and PVPLC.
8.2 Emergency Corrective Actions. In the event the alleged default constitutes an
imminent threat to health or human safety or a material imminent threat to the protection of
habitat and species that are required to be protected under the Plan, the non-defaulting party may
(but shall not be obligated), with or without notice to the defaulting party and without waiting for
the expiration of the defaulting party's cure period, take such action or make such payment as is
necessary to remedy the imminent threat or threats, or engage such third parties as may be
necessary to accomplish the same, and the defaulting party shall immediately upon demand
reimburse the non-defaulting party for all expenses actually incurred or payments actually made
in connection with such action, and such expenses or payments shall incur interest from the date
of demand at the maximum legal rate permitted by law .
Palos Verdes Nature Preserve Management Agreement 1399471 v 4
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8.3 Conflict Resolution of Certain Matters.
(a) It can be anticipated that from time to time during the term of this Agreement the
City and PVPLC may disagree on matters related to their obligations under the Plan , the PUMP
and /or this Agreement or regarding issues that are of interest to both parties and that relate to the
Plan, the PUMP and/or this Agreement. Therefore, the parties agree to the following conflict
resolution process.
(b) If the PVPLC has concerns with any City activities that affect the Preserve and/or
Plan, the PVPLC Executive Director shall transmit its concerns directly to the City Manager.
Likewise, if the City has concerns with any PVPLC activities that affect the Preserve and /or
Plan, the City Manager shall transmit said concerns directly to the PVPLC Executive Director.
( ~) If differences of opinion cannot be resolved by the Executive Director and the
City Manager within five (5) business days, the concerns shall be discussed by one or more
representatives of the PVPLC Board and one or more representatives of the City Council (but not
by way of public meeting, workshop or similar public process in which a quorum of Council
members are present).
(d) If the PVPLC Board and members of the City Council cannot resolve the
concerns within five (5) business days, and the concerns relate to obligations or perceived
obligations under the Plan or the PUMP, or to obligations or perceived obligations under this
Agreement that do not constitute a present breach of this Agreement or a breach of this
Agreement after the giving of notice, the passage of time, or both, either party may request that
the one or both of the Wildlife Agencies mediate the concerns.
(e) If either or both of the Wildlife Agencies agree to mediate, then the Wildlife
Agencies or Agency, as applicable, will appoint a representative from its or their departments
who will set a time convenient to both parties (but in no event later than thirty (30) days
following the date of the Wildlife Agencies ' written notification of agreement to mediate), to
hear and work with the parties to reach a resolution of the concerns. The Wildlife Agencies'
direction shall be final and binding on the parties .
(f) If the concerns relate to performance or non-performance of obligations or
perceived obligations under this Agreement that constitute a present breach of this Agreement or
a breach of this Agreement after the giving of notice, the passage of time, or both, then the
concerns shall be resolved as provided in Section 8 of thi" Agreement.
(g) The PVPLC and the City agree that they shall not, and that none of its or their
board members , Council members or staff members shall, issue any public statement, letter or
similar communication, or speak in any public forum , regarding the foregoing concerns unless
and until the process of staff-to-staff communication in subsection (c) above and board-to-
Council communication in sub section (d) above have been implemented and have not resulted in
a mutually agreeable resolution.
Palos Verdes Nature Preserve Management Agreement 1399471 v 4
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(h) The foregoi ng subsection (g) does not apply to contacts between individual board
members and/or staff members of the PVP LC and individual Council members and/or staff
members of the City.
9. Compliance with Laws. The parties sh all throughout the term of thi s Agreement conduct
their activities and operations in material compliance with all laws, ordinances, regulations and
orders of any governmental or quasi-governmental authority with jurisdiction over the Preserve
or the respective parties .
10. Assignment and Subletting and Bankruptcy. Neither party may (i) lease or sublease the
Preserve or any portion thereof, except as expressly provided in the Plan and PUMP, or (ii) allow
the same to be used by any other person or organization for any other use than specified in the
Plan and PUMP. Neither party may assign this Agreement, nor transfer, assign, or in any manner
convey any, of the rights or privileges herein granted without the express written approval of the
other party and the Wildlife Agencies. Neither this Agreement nor the rights herein granted shall
be assignable by any process or proceeding in any court, by operation oflaw, by attachment or
execution, by proceedings in vo luntary or involuntary insolvency or bankruptcy, or by voluntary
or involuntary receivership proceedings. Notwithstanding the foregoing, the PVPLC 's rights and
obligations under this Agreement may be assigned to an entity that satisfies the requirements of
this Agreement (including the nonprofit, tax-exempt status) if such assignment is part of merger
or acquisition of the PVPLC into such other entity, in each case subject to the approval ofthe
Wildlife Agencies and the City Council and such other entity's agreement to assume the
PVPLC's obligations under this Agreement and the Plan.
11. Inspection of PVPLC Work. The City may at any time enter the Preserve and inspect the
PVPLC 's work in the Preserve and ascertain compliance by the PVPLC with the terms and
conditions of this Agreement.
12. Nonprofit, Tax-exempt Status. At all times during the term of this Agreement, the PVPLC
shall keep current its status as a nonprofit, tax-exempt, 501(c)(3) corporation in the State of
California or its equivalent from time to time available for non-profit land trusts , as well as
s imilar California state non-profit charitable entity status. In the event the PVPLC loses such
status, the PVPLC shall promptly notify the City in writing. The PVPLC shall have sixty (60)
days from the effective date of such loss of status to appeal the status determination or to
commence cure and restoration of such lo ss of status . Loss of such status and the PVPLC's
failure to appeal or commence cure within such sixty (60) day period and thereafter to diligently
pursue such appeal and/or cure to completion shall constitute a material breach of contract for
which the City may immediately terminate this Agreement.
13. No Ownership or Possessory Interest; Property Taxes. This Agreement do es not create
any ownership or possessory interest in City-owned properties in the Preserve by the PVPLC,
and does not create any ownership or possessory interest in PVPLC-owned properties in the
Preserve by the City. The PVP LC shall, at all times during the term of this Agreement, maintain
a s tatus to the greatest extent permissible under the laws and regulations of the State of
California or the County of Los Angeles that would exempt it from any property tax , possessory
interest tax , or similar tax, should it be determined to have an interest in the Preserve that would
otherwise be a taxable interest. If at any time the PVPLC is determined to have a taxable
Palos Verdes Nature Preserve Management Agreement 139947lv 4
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ownership or possessory interest in the Preserve, the PVPLC shall pay all such taxes before
delinquency.
14. Financial Records and Reports .
14.1 Maintenance of Financial Records. The PVPLC shall maintain a system of accurate
internal financial records and controls for PVPLC operations at the Preserve in accordance with
generally accepted accounting principles ("GAAP") or such other system that may be adopted in
financial and accounting practices as substitute for GAAP. The PVPLC shall maintain each
year's financial records for a period not less than seven (7) years following the year for which
the records are maintained. The City shall have the right to inspect the PVPLC's records
pertaining to the Preserve and the PVPLC ' s obligations under this Agreement at the location
where such records are maintained during normal business hours following not less than seventy-
two (72) hqurs advance written notice to the PVPLC, provided that such inspection right shall be
no more than one (1) time per calendar year unless a default notice has been delivered to the
PVPLC pursuant to the terms of this Agreement.
14 .2 Delivery of Financial Statements. When they become available following the end of
the PVPLC's fiscal year, the PVPLC shall provide the City with the audited financial statements
of its operations for the immediately previous fiscal year. For purposes of this Agreement,
"fmancial statements" shall mean and shall be limited to the following : Statement of Activities;
Statement of Financial Position; and Statement of Functional Expenses for the Preserve as a
functional area. Financial statements shall be submitted to the City at the address identified
herein for notice purposes.
14.3 Restricted Funds. Any funds that are specifically designated by the donor for use only
in connection with programs or activities conducted on the Preserve shall be designated in the
accounts of the PVPLC as "restricted funds" for the Preserve, and the PVPLC shall not use or
allocate any restricted funds for the Preserve for purposes that are unrelated to the PVPLC 's
satisfaction of its obligations under this Agreement. Conversely, any funds that are specifically
designated by the donor for use only in connection with programs or activities conducted on
other sites or properties the PVPLC owns, maintains a conservation easement, or manages shall
be designated in the accounts of the PVPLC as "restricted funds" for such other sites and
properties, and the PVPLC shall not be obligated or required to use or allocate any such funds
restricted for other sites or properties for the Preserve or the PVPLC's satisfaction of its
obligations under this Agreement.
15. Non-Discrimination. The Preserve and all authorized services related thereto, as set forth
herein, shall be available for use and enjoyment by the public without regard to race, religion,
national origin, ancestry, gender, sexual orientation, age, or disability as provided in applicable
law and regulation. The PVPLC agrees that in the performance of this Agreement it will not
discriminate in its employment practices against any employee or applicant for employment
because of the employee's or applicant's race, religion, national origin, ancestry, gender, sexual
orientation, age, or disability.
16. Intellectual Property. Nothing in this Agreement is or shall be deemed to be a license or
other agreement, express or implied, allowing either party to use the names, trade names,
Palos Verdes Nature Preserve Management Agreement 139947lv4
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fictitious business names, trademarks, service marks, logos, copyrights or patents, whether or not
registered, of the other party (the "Intellectual Property"), and each party expressly retains the
right to control all of its Intellectual Property and to protect and enjoin its unauthorized use.
Absence an express written agreement to the contrary, each party retains sole and exclusive
rights over any Intellectual Property that it develops during the term of this Agreement, whether
with respect to the Preserve or in furtherance of its obligations hereunder or otherwise, and
whether or not any portion of the other party's required payments hereunder or other funds
provided by that party are used in connection with the development of such Intellectual Property.
17. General Provisions.
17.1 Notices.
(aJ The PVPLC and the City shall each use reasonable efforts to keep the other
informed in advance of all m:1terial activities that are undertaken at the Preserve by them or at
their direction, provided that failure to comply with this requirement shall not serve as a basis for
default under this Agreement, except as expressly provided in other provisions of this
Agreement.
(b) Each party shall place the other on its distribution lists to receive program
schedules, newsletters and other information pertaining to its activities.
(c) Unless otherwise notified by the City in writing, all submittals by the PVPLC to
the City shall be addressed to :
Community Development Director
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Tel: (31 0) 544-5228
Fax: (310) 544-5291
(d) Unless otherwise notified by the PVPLC in writing, all submittals by the City to
the PVPLC shall be addressed to:
Executive Director
Palos Verdes Peninsula Land Conservancy
916 Silver Spur, Suite 207
Rolling Hills Estates, CA 90274
Tel: (310)541-7613
Fax : (310) 541-7623
(e) Any notice, demand, or communication required or permitted to be given by any
provision of this Agreement shall be in writing and shall be hand delivered , sent via facsimile,
electronic mail, overnight delivery or registered or certified mail, return receipt requested.
Notice shall be effective: (i) if hand delivered, when delivered; (ii) if sent via facsimile or
electronic mail, on the day of transmission thereof on a proper facsimile machine or computer,
Palos Verdes Nature Preserve Management Agreement 1399471v 4
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with confirmation receipts evidencing same; (iii) if sent via overnight delivery, on the day of
delivery thereof by a reputable overnight courier service, delivery charges prepaid; and (iv) if
mailed, on the third (3rd) business day after the date on which the same was deposited in a
regularly maintained receptacle for the deposit of United States mail, postage prepaid.
17.2 Forbearance Not a Waiver. The acceptance by either party or the forbearance of any
act not contemplated by this Agreement or in breach of this Agreement shall not be deemed to be
a permanent waiver of such term, covenant, or condition, and shall not constitute approval or a
waiver of any subsequent breach of the same or of any other term, covenant, or condition of this
Agreement.
17.3 Governing Law. This Agreement and its application and interpretation shall be
governed exclusively by its terms and by the laws of the State of California and applicable
federalla~s, without reference to choice oflaws provisions .
17.4 Entire Agreement; Termination of Prior Agreements. This Agreement constitutes the
entire contract between the parties on the subject matter hereof, provided that reference may be
made to the Plan where expressly indicated herein. Any verbal agreements are void unless
included in this Agreement. This Agreement replaces and supersedes that certain Amended and
Restated Agreement-Forrestal Nature Preserve, as amended, that certain Forrestal Management
Plan, as amended, and any other plans or agreements between or among the City and the PVPLC
relating to any portion of the Preserve, which are hereby deemed terminated in their entirety and
of no further force or effect.
17 .5 Construction. The language in all parts ofthis Agreement shall in all cases be
construed as a whole according to its fair meaning and not strictly for nor against either party.
The paragraph headings in this Agreement are for convenience only and are not to be construed
as a part hereof or in any way defining, limiting or amplifying the provisions hereof. The parties
agree that each party has reviewed this Agreement and has had the opportunity to have counsel
review the same and that any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in the interpretation of this Agreement or any
amendments or any exhibits thereto.
17.6 Rights and Remedies Cumulative. The rights and remedies provided by this Agreement
are cumulative and the use of any one right or remedy by a party shall not preclude or waive the
right to use any or all other remedies . Said rights and remedies are given in addition to any other
rights the parties may have by law, statute, ordinance or otherwise.
17.7 Severability. If any provision of this Agreement or the application thereof to any
person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of
this Agreement and the application thereof shall not be affected and shall be enforceable to the
fullest extent permitted by law.
17 .8 Heirs, Successors and Assigns. Each and all of the covenants, terms , provisions and
agreements herein contained shall be binding upon and inure to the benefit of the parties hereto
and, to the extent permitted by this Agreement, their respective heirs, legal representatives ,
successors and assigns .
Palos Verdes Nature Preserve Management Agreement 1399471 v 4
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Page 19 .of20
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17.9 Counterparts. This Agreement may be executed in any number of counterparts with the
same effect as if the City and the PVPLC had signed the same document. All counterparts shall
be construed together and shall constitute one agreement.
17.10 Time of the Essence. Time is of the essence of this Agreement.
17.11 Waiver of Right to Jury Trial. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHTS TO TRIAL BY JURY OF
ANY DISPUTE ALLEGED AGAINST THE OTHER AND ARISING OUT OF OR
RELATING TO THIS AGREEMENT.
17.12 Amendments . This Agreement shall not be altered, modified or changed except by an
amendment approved and signed by both the City and the PVPLC that expressly and
prominently states that the effect of the writing is to amend one or more provisions of this
Agreement.
17 .13 Third Party Beneficiaries. The Wildlife Agencies are and shall be intended third party
beneficiaries of this Agreement.
In witness whereof, the undersigned execute and deliver the foregoing Agreement.
"City" "PVPLC"
The City ofRancho Palos Verdes, a Palos Verdes Peninsula Land Conservancy, a
California non-profit, public benefit
corporation
By:
Its :
Print
List ofExhibits
Exhibit A
Exhibit B-1
Exhibit B-2
Exhibit B-3
Exhibit C
Exhibit D
Map ofPreserve Properties
List ofPVPLC Obligations
List of City Obligations
List ofPVPLC Permissive Projects
Oceanfront Estates Management Requirements
Donor Recognition Naming Criteria
Palos Verdes Nature Preserve Management Agreement 139947lv 4
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EXHIBIT A
Map of Preserve Properties
Managed by the PVPLC
C-22
/.------,
I ' . \ , ___ ....
1,
\
Agua )' Amarga
D Palos Ver de s Nature Preserve boundaries
I
~/
I'
~0
~a del Norte
0 .5
Miles
2
t
i ~
\
I
\.
C-23
Contract Obligation
Surveys and Rep orts
and Me etings
Biotic Surveys
Comprehensive
Monitoring and
Management Report
Annual Report
Restoration/Enhancement
Site Monitoring
Photo Documentation
Species Re introduction
Plans
Monthly Meetings
Annual Meeting
Habitat Maintenance and
,Rest oration
T argeted Exotic Plant
Cont rol (TERP)
Habitat Restoration/
Enhancement
Restoration/Enhancement
Ma intenance
Pu bli c Services,
Preserve Safety,
Security, Sanitatio n an d
Mai ICe
Scope of Work
Exhibit B-1
PVPL C Ob ligations
Conduct wildlife and botanical surveys for Covered Species, as required by the Plan .
ConducUPrepare Updated Covered Species Surveys, Updated Predator Control Plans , and Updated
Habitat Restoration/Enhancement Plans for next 15 acres of habitat restoration as required by th e Plan .
As required by the Plan , submit to the City a Report on Targeted Exotic Removals (coverin g 5 acres or 20
smaller locations), Restoration Site Monitoring (years 1-3 and 5), and a Financ ial audit. In addition, the
Report shall include a list of any trail maintenance projects completed during the year. (On overlapping
years, the Comprehensive Report will replace the Annual Report).
Monitor and report on the restorat ion work underway in the Preserve as requ ired by the Pla n. Each site will
be monitored and reported on in years one through three, and five. Monitoring should document
restoration progress and provide direction and maintenance recommendations . Monitoring wil l include
both horticultural and botanical components . This Report will be included in the Annual Report or
Comprehensive Report.
Photo document restoration areas as required by the P lan .
Reintroduce species in the Preserve as required by the Plan.
Meet w ith City representatives on a monthly basis to discuss Preserve management issues and inform the
City of any PVPLC activities under this e xhibit that are scheduled in the P reserve .
As required by the Plan, attend and provide input.
Perform targeted invasive plant control on 5 acres or 20 locations as requ ired by the Plan . Invasive plant
control may include both mechanical and chemical methods of control.
As required by the Plan , perform habitat restoration/enhancement on 5 acres , includes without limitation
site preparation , seed collection , plant material and/or seeds, soil amendments if needed , erosion control if
needed , irrigation system if needed, plant installation.
As required by the Plan , perform needed maintenance, including invasive plant co ntrol (may be hand
removals , mechanical , herbicide or other methods as determined by the PVPLC).
Interval
every 3 years
every 3 years
annual by calendar year
years 1-3 and five for
each site
an nua l
as needed
Monthly
annual
annual
annual
years 1-5 after seeding/
planting
C-24
Fuel Modification/Brush
Management
Pre Fuel Modification
Surveys
Trail Signage
Fencing
Maintenance
V olu nteer Coordination
Structures in Preserve
Adm ini stration and
Equipment
GIS/C AD ManaQement
Exhibit B-1
PVPLC Obligations
Conduct fuel modification/brush management on PVPLC owned properties as identified in the Plan. Work
may be conducted by mowing , grazing , chopping, crushing , chaining, vegetation thinning and removal ,
and/or herbicide application. A ll work is to be conducted in accordance w ith the requ irements and
directives of the Weed Abatement Division of the L.A . County Department of Agricultural Commissioner
and/or L. A. County Fire Department.
If any fuel modification in the Preserve on PVPLC owned lands is proposed to occur in CSS during the bird
breeding/nesting season , conduct surveys to identify nesting locations to minimize impacts.
Install or replace up to 25 signs per year that provide trail directions and way finding ; trail location and
identification; donor recognition ; trail closures; protection of habitat, species, and geologic and historic
features; and education .
Pursuant to the Pla n, When deemed necessary by the PVPLC , install fencing to protect any particularly
sensitive species or habitats or direct human access away from sensiti ve resource areas .
Perform any necessary graffiti removal or vandalism repair of PVPLC-owned/installed fa cilities .
Coordinate and manage all volunteer efforts uti lized by the PVP LC to complete its Preserve management
respons ibi lities. Notify the City of expected volunteer activities utilized by the PVPLC in the Preserve, as
part of the monthly meetings between the PVPLC and the City.
Dismantle and remove any existing PVPLC in stall ed and m aintained structu res from Preserve lands.
P rovide any Prese rve-re lated, PV PLC-created GIS data layers to the City.
on-going
As needed
as determined necessary
by the PVPLC
on-going
as needed
as needed
as needed determi ned
necessary by the PVPLC
on-QoinQ
C-25
Habitat Tracking Report
Monthly Meetings
Annual Meeting
Public Services -Preserve Safety ,
Sanitation and
Fuel Modification/Brush Manag
New Trail Construct ion
Access Control
Exhibit B-2
City of RPV Obligations
As requ ired by the NCCP , the City sha ll produce an annual accounting of the ann ual
acreage , type and location of habitat and species conserved , restored , and
lost by permitted land uses and other activit ies . The annual report shall be
based on the City's fiscal year (July to June) and shall be transmitted to the
Wildlife Agencies by De cember 31 of each year.
City representatives will meet with PVPLC represen tati ves on a monthly basis Monthly
to discuss Preserve management issues and inform the PVPLC of any City
scheduled activities in the Preserve.
As required by th e NCCP , an annua l meeting will be held between the City, annual
PVPLC and Wi ldlife Agenc ies to review and coord inate imp lementation of the
NCCP .
If any fuel modification in the Preserve on City of RPV owned lands is As needed
proposed to occur in CSS during the b ird breeding/nesting season, cond uct
to iden nesti locations to min imize im
Conduct fuel modification /brush management on City owned properties as Annual or as required by L.A. County
identified in the Plan . Work may be conducted by mowing , grazing , choppi ng ,
crushing, cha i ning , vegetation thinn ing and removal , and/or herbicide
application. All work is to be conducted in accordance with the requirements
and directives of the Weed Abatement Division of the L.A. County
Department of Agricultural Commissioner and/or L. A. County Fire
Based on the availability of funds and authorizat ion from the City Council , As determined necessary by the City
construct any new trails that are identified in the approved Preserve Trail s
Plan as approved trails but which do not presently exi st. In collaboration w ith
the PVPLC , the City will oversee the new trail construction whether performed
contractors or volunteers.
Maintain the City gates , signage and other City bar riers that preve nt/co ntro l on-going
unauthorized vehicular access to the Preserve.
Page IIxhibits B-1 ,B-2 ,B-3.edited by JR o n 1 0-27-11 .xlsx 11/30/2011 3:11 PM
C-26
Public Safety and Public Use
Enforcement
Trail Maintenance
Access and/or Utility Road
Maintenance
Structures in Preserve
Exhibit 8-2
City of RPV Obligations
Develop and enforce the NCCP requ ired Preserve "access protocol" d irected
at utility agencies and the City's Publ ic Works Department in a manner that
avo ids and minimizes , to the max imum extent possible, environmental
damage, particularly damage to NCCP protected habitat and Covered
Species. Access protocol sho uld include City o r util ity or other party g iving
reasonable advance notice to PVPLC .
Enforce the City's Municipal Code regulations and any other applicable laws on-going
and regulations that apply to public use of the Preserve, including enforcing
the closure of unauthorized trails to the public. Enforcement is to be provided
Staff Park Ra or the L.A. Cou Sheriff.
Perform "routine" and "remedial " maintenance of any "improved" trails in the on -going
Preserve that are not already maintained by outside parties through an
ex isting contractual agreement with the C ity . For purposes of th is obligation ,
"routine ma intenance" shall mean regular ly schedu led activities such as, but
not lim ited to , litter pick-up, trash and debris removal , weed and dust control ,
trail sweepi ng , sign replacement, and tree and shrub t rimm ing ; "remedia l
maintenance" shall mean repa i ring , replac ing , restoring or re-routing trail
segments that have been destroyed , damaged or have become s ign ificantly
deteriorated ; and "improved tra ils " sha ll mean tra il s wh ich have been
constructed to specified trail width and/or constructed to ha ve a spe ci fic trail
tread such as concrete , asphalt or decomposed granite.
Perform "routine" and "remedial" maintenance of any access roads or utility on-going
roads in the Preserve that are not already maintained by outside parties
through an existing contractual agreement with the City. For purposes of this
obligation , "routine maintenance" shall mean regularly schedu led road
grading and sweeping .
When determ ined to be necessary by the City, d ismantle and remove ex isting As deemed necessary by the City
fencing ; unused culverts , drains and piping ; abandoned City-owned structures
and other unused structures from Preserve lands
Page !2xhibits B-1 ,B-2 ,8 -3.ed ited by JR on 10 -27 -1 1.xlsx 11/30/2011 3:11 PM
C-27
San itation Control
Pet waste Control
Educational Signage
Fencing Removal
Maintenance
Exhibit B-2
City of RPV Obligations
At the City's sole discretion , provide any needed signage such as entry
signs/kiosks and warning signs beyond the PVPLC 's s ignage respons ibilities .
Provide for the collection and disposal of trash/ waste as determ ined by the on-going
City. Provide dumpsters as requested by PVPLC for special occasions or
habitat needs .
Maintain and refill waste bag dispensers . Install new dispensers when and on-going
where determined the to be necessa
Pursuant to the Plan , City may take the following actions on an as needed
basis as determined by the City to educate, provide direction , and promote
the sensitive use and enjoyment of the preserve:
1. Estab li sh road signs near wil dlife corr idors to help reduce road kills .
2. Include, where appropriate, contact information for law enforcement, and
mana ent staff.
Pursuant to the Plan, when determined necessary by the City, dismantle and
remove existi fencin inside the Preserve.
Perform any necessary graffiti removal or vandalism repair of c ity on-going
owned/installed facilities .
Page Bxhibits B-1, B-2 ,B-3.edited by JR on 10-27 -11 .xlsx 11/30/2011 3:11 PM
C-28
Exhibit B-3
PVPLC Permissive Activities
Permissive Activity Scope of Work/Conditions Interval
Permissive Activities
Close individual tra ils or areas of The criteria used by the PVPLC to determine as determined
the Preserve, or limit uses of whether trails or Preserve areas should be closed necessary by the
individual trai ls or areas of the shall include b ut not be limited to: (1) protectio n of PVPLC
Preserve, as reasonab ly people , animals, habitat and geological or h istorica l
determined by the PVPLC features ; (2) restoration of habitat; (3 ) tra il
provided the City is notified in maintenance; (4) species protection (e .g ., during
advance and the closure is for a nesting seasons ); (5) scientific research; (6)
period not to exceed 30 calendar educational programs; (7) fundra ising activities of
days . Any closures that exceed the PVPLC ; and (8) other activities within the scope
30 days require City Manager of the PVPLC's obligations hereunder or the
approval. PVPLC's non-profit mission
Maintenance and repair of Perform any "trail maintenance" and "tra il repair" that as determ ined
unimproved trails in accordance it desires on un improved trails identified in the City's necessary by the
w ith the approved PUMP. approved Preserve Trails Plan (PTP ). The City or PVPLC
PVPLC has no obl igation with respect to trail
maintenance and trail repair. "Unimproved tra il s"
shall mean trails which have not been constructed to
any specified trail width or grade and/or constructed
to have a specific trail tread such as concrete,
asphalt or decomposed granite . The PVPLC's
scope of work may include but not be limited to the
following tasks involving "trail maintenance": litter
pick-up, trash and debris removal , weed and dust
control, tree and shrub trimming, adjusting width or
slope . The PVPLC's scope of work may include the
following tasks involving "trail repair'': repairing ,
replacing , restoring or re-routing trail segments that
have been destroyed , damaged or have become
significantly deteriorated.
Coord inate , conduct or sponsor Subject to City approval if required under the on-going
educational or scientific activities Agreement
and research .
C-29
Exhibit B-3
PVPLC Perm issive Activities
Fundraising and othe r special as determined
events necessary by the
PVPLC
Eliminate unauthorized trails and "Unauthorized features" may include earthworks li ke as determ ined
remove unauthorized features . mounds , jumps and berms and man -made necessary by the
structures like ladders, bridges and walls. PVPLC
Implement the designs, as determined
recommendations, guidelines, necessary by the
trails plans , signage plans , PVPLC
facilities plans and other
provisions of the PUMP
Engage in outreach to educate , 1. Provide education brochures , in terpretive kiosks , as determined
provide direction, and promote signs and other outreach materials to educate the necessary by the
the sensitive use and enjoyment public about the resou rces and goals of the Plan and PVPLC
of the Preserve Preserve, rules of Preserve use, and the role and
mission of the PVPLC. 2. Es tablish signs
for identification , access contro l and education at the
periphery of the Preserve . 3. Install signs for
educationa l and/or interpretive trails .
4. Limit the use and/or language of signs that might
attract attention to sensitive species , because such
designation may invite disturbance of their habitat.
5. Install temporary signs to indicate habitat
restoration , erosion-control areas, or other work
zones or hazard areas . 6 .
Install barriers and signage to discourage shortcu t s
between established trails.
C-30
Exhibit B-3
PVPLC Perm issive Activities
In stall or replace signs in excess Trail directions and way finding ; trail location and as determ ine d
of the 25 signs per year as identifi cation ; donor recognition; trail closures; necessary by the
required under Exhibit B-1 protection of habitat, species, and geologic and PVPLC
historic features ; and education .
Design , install any donor subject to City approval on -going
recoqnition sites.
C-31
EXHIBIT C
Oceanfront Estates Management
Requirements
C-32
Lot Acres
80 14 .17
81 5.36
82 46.54
83 2 .80
84 1.02
85 0.25
86 0.18
"'··
Oceanfront Estates Open Space Lots
Tract Map No. 46628
Use Maintenance Responsibilities
Habitat areas by PVPLC;
Pre-existing and revegetated perimeter ornamental
CSS habitat landscaping and fencing by
homeowners' associ ation
Habitat areas and trails by
Revegetated CSS habitat and PVPLC; perimeter ornamental
trail landscaping and fencing by City
or homeowners' association
Revegetated CSS habitat and Habitat areas and trails by
PVPLC; other "hard" trails, off-street parking lot, infrastructure by City; perimeter sewer pump stations (2} and
underground slant drain access ornamental landscaping and
point fencing by City or homeowners'
• association
Habitat areas by PVPLC;
Pre-existing and revegetated perimeter ornamental
wetland habitat landscaping and fencing by
homeowners' association
Perimeter ornamental <>
Ornamental slope landscaping landscaping and fencing by
homeowners' association
Trail and ornamental
Pedestrian access corridor landscaping by City; perimeter
fencing by homeowners'
association
Wildlife access corridor
Ornamental landscaping by City;
perimeter fencing by
homeowners ' association
C-33
Oceanfront Estates Open Space Lots
These are general depictions of the open space lots managed by the PVPLC .
The specific areas managed on each lot are noted on
recorded T ract Map No . 46628 attached here in.
C-34
!2 35 29 BOO~PAG E~
TR ACT NO . 4 6 62 8 SHErr I Of '\ SHE£TS
IN THE CITY OF RANCHO PALOS VERDES,
COUNTY OF LOS ANGELES, STATE O F CALIFORN IA
BEING A SUBDIVISION OF All TRACT NO. 29986 AS PER MAP RECORDED IN BOOK 8 I 8, PAGES 8 2 TO 87 INCLUSIVE OF MAP S; ALL
OF TRACT NO. 29987 AS PER MAP RECORDED IN BOOK 818, PAGES 97 TO 100 INCLUSIVE OF MAPS; ALL OF TRACT NO . 29988 AS
PER MAP RE CORD ED IN BOOK 819, PAGES 1 AND 2 OF MAPS; ALL OF TRAC T NO. 301 0 6 AS PER MAP RECORDED IN BOOK 6 16,
PAGES 93 TO 96 INCLUSIVE OF MAPS; ALL OF TRACT No. 30225 AS PER MAP RECORDED IN BOOK 81 9, PAGES 3 AND 4 OF MAPS;
ALL OF TRACT NO. 30139 AS PER MAP RECORDED IN BOOK 619, PAGES 23 TO 27 INCLU SIVE OF MAPS; ALL OF TRACT NO. 30075
AS PER MAP RECORDED IN BOOK 618, PAGES 68 TO 92 INCLUSIVE OF MAPS, ALL IN THE OFFIC E OF THE COUNlY RECORDER OF SAID
COUNTY; AND A PORTION OF LOT "H" OF THE RANCHO PALOS VERDES ALLOTT ED TO JOTHAM BIXBY BY DECR EE OF PARTITION IN ACTION
"BIXBY ET . AL. VS. BENT, ET. AL.", CASE NO. 2373, IN THE DISTRICT COURT OF THE 17TH JUDICIAl DISTRICT OF SAID STATE IN AND FOR
SAID COUNlY OF LOS ANGELES, AND ENTERED IN BOOK 4, PAGE 57 OF JUDGEMENTS IN THE SUPERIOR COURT OF SAID COUNlY.
MDS CONSULTING GARY W. DOKIC H , L.S. 4693
OWI!ER'S CERTifiCATE·
WE Hfl'<EBY STATE tHAT WE ARE THE OWNERS OF OR ARE INTEREST'ED IN 1\iE LANDS INCLUDED Wlll<IN Tl<E
SVBOMsiON SHO'NN ON THIS M.IP wm<IN THE OISnNCTM: BORDER UNES. AND WE CONSENT TO lliE PREI'ARATlON
AND FlUNG OF SAID MAP AND SUBOMSKJ N.
WI' HERESY DEDICATE TO Tl<E PUB~'t USE All STREETS. HIGHWAYS, AND Oll<ER PUBUC 'NAYS SHOWN ON
SAID t.IAP ,
AS A DEDJCAnON TO PUSUC USE, Wl<llE AlL OF PAlOS VERDES DRIVE wEST WITHIN OR ADJACENT TO THIS
SUBOMSION ROWNS A PUBUC STREET. wE Hfl'<EBY ~ All. RlGI!TS OF DIRECT VEHICU~ INGRESS
AND EGRESS FROM ABIITTlNc lOTS TO Tl<E SA10 STREET. IF foHt POfmOH OF SMl STREET WITliiN OR
ADJACENT TO lHIS SUilOMSION IS VACATED. SUCH VACAnQN l'ERMINATES Tl<E ABOVE DEDICAnCN AS TO THE
PART VACAl£0.
WE AlSO HEREBY DEDICATE TO THE CITY or RANCHKl PAlOS VERDES: THE EASEMENTS FOR SANITARY SEW!'R
AND DRAINAGE PURPOSES (INClUDING: COVERED STORM DRAIN PURPOSES AND APPURTEIW<T STRUCTURES
AND INGRESS AND EGRESS: COVERED STOR.If DRAIN PIJRPOSES: APPURTENANT STRUCTURE AND INGRESS
AND EGRESS; AND FlOOD CONTROl PURPOSES) SO DESICNAT£0 ON 5-IID w.P, All USES INCIQ(I.'T Tl<ERETD.
INCLUO:NG THE RJGHT TO MAKE CONNECTIONS THEREWITH fROM N<1 ADJOINING PRCPERn ES; AND Tl<E
EASEJ.IENTS FOR WILOUf E ACCESS PURPOSES SO OESICNATEO ON SAIO w.P •
.. WEH.EREBY GRAN~ l OTS 60 TO ~1 INCLUSIVE ~-~E SIMPlE FOR OPEN SP.CE ,;,.0 PARX PURPOSES ;~·1
THE C!TY Of RANCH O PAlOS VERDES. lDT5 6\ .. NO 62 ~ eE Sl.le>OEC.T TO I< f'EOE'!>TRI.-N
W~TI~£>J'FM~~~1:~~~ ~~~~;'J.,;X~o6~~~ ~e.~~c~~J'..,~~&
~eM TW\E 'TO TIME.
··---------·-----·----·· --·-·---------~-~---------·--·--·· ·-----·--···-···-····----
RPV ASSOCIATES, llC, A DELAWARE Ut.i iTEO UASIUTY COt.IPAii"''
BY: CAPITAl PACIIlC HOUliNGS, ll.C, A DELAWARE I.J,MITED ~ COIIP/oHt, MOIBER/IIANACER
BY: CAPITAl PACifiC HOlDINGS. INC .. A DElAWARE CORPORATION, "-""G!Nc UEJ.IIi!R
BY:~·
O .. LG. OOWE!'-5 . F I L E."@'91Det<T
AT P.ZQlJ£ST OF OWN!R
HAR J 1999
LJ.I PAST ~:p.n-.
IN BOOK _ _,(d_J"'='='"='s-~
AT PAGE -.,.,.,.:cl=-..9<.....-..__ ., . ..,.,
LOI ~U CCK.MV. CA.
:d·~h;ffi.~
"'""" m:s <3.(.110
D114F. ~
NOL\RY ACKNQWUPGEI!EHT;
STArE 'Of CAUfORtf~
COUIIJY Of Q f4IY¥
FR11/T IWIE
ApANOONIIEHT NOTE·
lss
~9 8332441
19-0 33:J.'f'f/
Pt,1RS1JANT TO SECTION 66<99.20 1/2 OF THE SUBOMSION w.P ACT, THE FU<C Of THIS w.P CONSTTTUT£S
ABANOOHIIENT Of STREETS AND EASEJIENTS NOT SHOWN ON THIS WoP , UST£0 BELOW, WITKH THE eOUNOARY
OP THIS MAP WHICH WD<E ACOUIRED BY THE Cottm' OP LOS ANC£1.£$, THE IIITD!EST OP Wl<lCH HAS SINCE
PASSED TO THE CITY Of RANCHKl PAlOS VERDES BY OPERAnKJN Of lAW (UPDII INCORPORATION OF THE CITY
Of RANCHO PAlOS VERDES):
1. EASEMENTS FOR SANITARY SEWER AND STOR.If DRAIN PURPOSES. STORM DR.IlN AND SANITARY SEWER
PURPOSES. SANITARY SEWER PURPCSES. STORM DAAIN PURPOSES, AS SHOWN ON 1\iE w.P OF TRACT NO.
29980 AS PER MAP RECORDED IN BOOK 818. PAGES 82 TO 87 INCLUSIVE OF MAPS; AS SHOWN ON TH E
MAP OF TRACT NO. 299&7 AS PER WoP RECORDED IN BOOK &18, PAGES 97 TO 100 INCLUSIVE OF MAPS:
AS SHOWN ON THE W.P Of TRACT NO. 29988 AS PER M.1P RECORDED IN BOOK 819, PAGES I AND 2 OF
MAPS: AS SHOWN OH THE MAP OF TRACT NO . .l0106 AS PER WoP RECOROEO Ill 800K 818. PACES 93
TO 96 INClUSIVE or w.PS: AS SHOWN ON THE MAP OF TRACT NO. 30225 AS PER MAP RECORDED IN
BOOK 819, PAGES 3 AND 4 OF MAPS: AS SHOWN ON THE MAP OF TRACT NKJ. 30139 AS PER loW'
RECORDED IN BOOK 8 19, PAG£S 23 TO 27 INCLUSIVE or MAPS; A.'IO AS SHOWN ON THE MAP OF TRACT
HD. 301l75 AS PER w.P RECORDED IN BOOK 81B, PACES 88 TO 92 iNClUSIVE OF MAPS, .... 0
2. AN EASEMOO FOR PEOESTRWI INGRESS AND EGRESS fOR BEACH ACCESS PURPOSES AS SHOW!I ON THE
WJ' OF TRACT NO. 30139 AS PER w.P RECORDED IN BOOK 819, PAGES 23 TO 27 IHCll!SIVE OF MAPS.
IJI EASOIENT fOR SANITARY SEWER PURPOSES 8\' OOCUUOIT RECOROEO MARCH 29, 19n AS OOCIJ>jENf
NO 2573 IN BOOK 05408. PACE 767 OF OFJlCW. RECORDS AND RECORDED MARCH 29, !972 AS OOCUIIENT
NO. 2574 IN 800K 05408, PACE 769 OF OfFICIAl RECORDS.
4. AN EASEMENT fOR STORM DRAN PURPOSES BY DOCUMENT RECORD ED IMRCH 29, 1972 AS DOCUMENT
NO. 2575 IN BOOK D5408, PACE 771 Of Of FICIAl RECORDS AND RECORDED MARCH 29, 1972 AS OOCU~
NO. 2576 IN BOOK 05408, PAGE 775 OF OFFlCIAl RECORDS.
5. AA .EASEMENT FOR PUBUC ROAD ANO HIGHWAY PURPOSES BY OOCUI.IE}(TS RECORDED JULY 25, 1972 ;.s
DOCUMENT NO.'S 3792. 3793 /.NO 379< OF om:~L RECORDS.
OCJ -/5 75 8 2-::?,3 22 23 4 ~ 2 5
SURVEYOR'S CEBIIOCAIE·
I HEREBY STATE THAT I AM A UCENSED lAN D SuRVEYOR Of THE STAT'E OF CAUfCRNIA; TllAT lHtS m<>.~. MAP,
CONSISTING OF 8 SHEETS, IS A TRUE AND CO~Pt.ETE SURVEY AS SHOWN, ANO WAS MADE S'f ME OR UNDER liY
DIRECTION IN JANUARY, 1998; tHAT THE MONU~S ARE Of THE CHAAACTtR AND lOCATIONS SHOWN HEREON
ARE IN PLACE OR WILl BE IN PlACE WITHIN TWENTY-FO UR MONTHs fROM THE FlUNG DATE OF TH IS MAP;
THAT 5-IID MONUMENTS ARE SUFFICIENT TO ENABlE THE SURVEY TO BE RETRACTED AND tHAT Tl£ NOTES
TO All CENTERUNE MONUMENTS SHOWN AS • TO BE SE1" Will SE ON FILE IN THE OFFICE OF THE CITY
ENGIHEER WITHIN TWENTY-FOUR MONlliS FROM Tl<E FlUNG DATE SHOWN HEREON .
~II@
CARY W. ~ LS <693
CITY ENGINEER'S STATEMEHT·
I HEREBY STATE 1\iAT I HAVE EXAMINED THIS WJ>; THAT IT CONFOR.IIS SUBSTANTlAll.Y TO THE TEN!AnV(
MAP AND ANY APPROVED ALT ERA.T!ONS THEREOF: THAT ALL PROVISlONS Of THE SU9DMSION MAP ACT AND
ANY lOCAl ORDINANCES AP PUCABlE AT THE TIME Of APPROVAl. or THE TENTAnVE w.P, IF REQUIRED, HAVE
BEEN COMPUED WITH; AND I ).1,1 SAnsFlEO THAT THE MAP IS TECHNICALlY CO RRECT.
l•/f.-YT
DONALD R. Vt'iHSl.OW. R.C.E. 1 <4214 OATt
CITY EOOIIEER
R.C.E. [)(PIRES: J/ll/01
CIT( CLERK'S CERDFJCATE·
STAT£ OF CAUfORNLI lss COUNTY Of l OS ANGElES art or RANOlO PAlOS VUOOES
I H£REBY CERT1FY 11<AT THE CllY COUHCL Of TilE art or IWlOiO PN.OS VEROES AT IIEETilG HElD I -I 'f • 't 'f
)i)PRC:Ml) THE ANNEXED IU.P NID ACCfP1tD 0H BOW.F Of JHE PtJaUC All stREETS, lfCHWA'r'S NiO OTHER PUBLIC
!lAYS NIO EASOlENTS AND RIGHTS OF!£RED Tll!lUI fOR DE01CIIION. Hl.WNC lOTS 80 TO 9 I INQ.USM If 11£
SIUPI£ 1lTl.E AS GRANtED.
ll£ HEREBY NWIOOH, PURS1.WfT 10 SECIIOO 615<99.20 1/2 or TilE Sl!BOMSlON MAP K:!, ,Ill. STREETS AND EASDIEIITS
NOT SlfO'WN 0." TillS MAP, USTED BELOW If TilE ~ NOTE. WffiiN Tl<E BOIJNOiollY or TltS MAP 'll!tCll WERE
~ED BY TNE COIJIIl\' Of lOS IJICO!S. Til( tiJtRESl Of 'll!tCll HAS S1HCE PASSED TO Tl<E art Of RANCilO PALOS
VERDES BY Ol'!l<AllON OF LAW (UPOII INCORPCRAOON Of Tl<E CITY Of RANCHO PAI.OS VERDES).
CIT'!' CL!RK Of' THE CITY OF RAJQfO ?,ttOS VEROES (O~"u."'rf)
5e-.-.,., h. C 0,., o.A
PRIHT NAil(
5PEC!AL ASSESSIIENT CEBIIFICATE·
SlATE Of CIIJ>ORH\.1 F COONTY Of lOS ANGElES
art or RAHC!«l PN.OS VERDES
I HER!BY CERTlFY 11<AT ,Ill. SPECIAL ASSESSloiENIS I.EVED UNDER TilE JU R>Sll!CliON Of TilE Ctl'f Of R.1NCH0 ?AI.OS
VERDES, TO WH1CH ll![ lAND INC!.UOEO If TilE WITIIIH SlJBOMSIOI< DR JollY PART lliEREOf IS SUBJECT "''l W!OCii U.IY
SE PIJO IN Mi. H.IV£ BEEN PAlO IN f1JU.
dcua.t::d~
CllY ClERK OF !liE CllY Of RANCHO PN.OS VERDES (p~ .. ..rrt)
S'e.r .... re<d"rn.a..-v
SIGNATURE OI!WISSIONS·
TilE SIGNATURE OF 1\iE PARnES tw.IEO HER~NAFTER AS OWNERS OF THE INTERESTS SET FORTH HAVE BEEN
OMmEO UNOER THE PROVSIONS or SECnQN 66436. SUBSECTION (o)(3)(A)(i-~") OF Tl<E SUSDMSION MAP
ACT. THEIR INTEREST IS SUCH mAT rt CANNOT RIPEN' INTO A FEE TITlE AND S.W SIGNATURES ARE HOT
REOOREO BY THE lOCAl. AGENCY.
1. PAlOS VERDES WATER ct»o'PNn', OWNER Of AN OOO.tOfT rQR PiPE UNES, POWER AND COtfTROL l.Jt..'(S
BY 00CU).A00 RECOROEO AUCUST 25,, t9J4 IN BOOK 12886. Pf.CE. 27-4 or Ofl1C1Al. RECORDS.
GENERAL NOTE.:
/>J..J.. loiATUI>A~ ,o.NO CI'E,A.T<O ~£& Sf<EATEP, TAA>-1 ""'• ltl<CUJOIH6 !>I'UT
UNEL PAO l'!l~ITION"'-~OPe>, AilE RE!!>TRICTGO USE AP.EAS IN WIII C!< nte: a~CTICN OF e<JILP!I4GS ..... D OfNeR <1>TI<I.ICT\.IRES ... It'£ Pf'IO"'\~ITEO.
6./>SE!'\,;>m> ?'01< 1'\le>I.IC S'!RI!.ET !'URl'a'E>I:O:., A'i> £>>'OW!< ... WO OEOIO\TEO
ON T\IE ..... I'S 01' 'E>,A.I O T1'.lCr NOS · 2'1q !!10, 30C17S, 2>010G. .AHO ~01'~'1.
C-35
fl!S!S pr Bf.!RINGS
1l<( ifJIIINC ~ N 2Y7t"5<"w rat Ill: COII!lllil.t ~
PH.OS ~ DiWI" "om IS SliO"IIN (»! lR/a NO.
29086. IW' 11001< !IS. PICIS !l TO 11 REcmlS Of
LOS Nt(;(lfS COLWTY WIS USID AS 1l£ 8I.SIS ~
BEN!ii<GS (»! TKS IW'.
TRA·CT NO. 46628
UONIJUEl!! 1!()1£5
IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES,
STATE OF CAUFORNIA
1. H.L stmr COOllllll£ I(![J!S[CIQIS. 11.<. -s. tc:s.
Nfl 01l£ll CVf1miHE I'OI<1S or CUflll1 TO I£ 10"
WITH Sft(£ "''I WASIO. IUJSit. Nf) 1-"'0l "LS.
469T
H.L T lP.~ lO I£ S(III"IJ. I£ W.QD "LS. <693"
Nflii"IJ.II:S(IIUJSH.
~ " TIE 0011 A T IJ'. C4lj NO! EE SU
AI 1l<E llltlllOitS .001!0 IOEOR (M TO EXJSTN:
WIUS, EXlSl1!fC CCNCRIJE f"OO!lNGS. DISTVIC <UlBS.
E!C.) 1H!"J< A SPIKE ANO WASI!£R TNMD "LS. ~69o,
OR " Lf)D, T,ICK ANO l,t.G ·Ls. •69! 'lrriU !!! S(T
<4. ,IU llf),R tOT COIKRS TO 1£ UOM.n4)(['ED 'IY!TH I'
I.P. !ACGm "LS. 469r. OR lL<D Nf) TID<. TA<ml
"LS. <61r H.L F1'W lOT CI>\NERS TO OC SET 'MTii
LL<D. TICK 11<0 TACC(O "LS. mr ON Tll[ PilO-
l~l"ON or 1l<E S:OC lOT UHE ON !HE TOP or ctffiS.
• KIICITES FOONO ~00 AS NOl!O.
( ) NIICATES RECOil!) Pf!l TR.ICT l99R6. U.B. R1!/!H 7
[ 1 tiiiCITES R~o PEl! m. 106<0. lla 1061/15-17
<> tDCAI"ES RECORO AS IHOK:AtED
MS9"01'H'V 102.00'
EASEMENT NOTES :
MDS CONSULTING
SHEET J
@ r,fRK:AsiDr,W~~ ~BfpJ~S TO THE CllY Of !WiCHO PAlOS 'lfROES
@) ~g{'JbS ~!jfltvN~JlMo ~ ~Rc~~~s fOR
"CRESS NfO EGRESS.
@ =S SW.1l'~.m~ARl~slJ' IHE OTT OF RANCHO PI<.OS \910ES FOR
® ~OK:ATES W EIIEIIT OEOICAlm TO !HE OTT OF RANCHO PAlOS \910ES FOR
APPIJRTEIW<T STRUCTURE ANO ~ NfO EGRESS.
@) ~~"'r.JJkOirf.lD TO THr OTT OF RNfCIIO PAlOS \910ES FOR
@ rnf'~~SSO~TO THr CIIY Of RNfOIO PAlOS \910ES
@ ~~~~~THE OTT or RANCHO PAlOS W<DES
~ lOCATES RESERVED FOR OIUI!IIa PIJRPOSES
® ~"~~OP:J::~rrPU=Jll. EE O£D:CATED TO TIE
@ INOICITES RESElMD FOR SIHTNIY S(W{.R PtiU'05ES
®
<D
IHOICATES EASOIEIIT DEOCAIED TO Tlfr em' or RA.'DiO P>UIS YEROES
fOR SlOrtWX I'IJRPOSB
lHOJCATES RESERVED FOR IJI<DSC>PE WMDWU
PURPOSES lll 8E OllliCATED TO TIE HOIIEOO>M"S
.J.SS()CIAllOif BY SEPW.T£ OOCUUOO
---------------------------
GARY W. DOKICH , LS. 4693
l
SHEET 4
SCALE 1~ .. 200'
SHE£T 9 ••
(DETAIL SHEEt )'''(:
'
BOO~PAGE_3Q__
SHEET 2 Of 9 SHEETS
CURVE TAB LE
110 OUTA IWli\IS IR<:LCI "''
I 71"~9'~T 22.!0" 78.21" I SJO'
2 IW '~ 12!.00' 10.!7 20.67
3 !l"ll'<l" u.oo· 20.38" 12.~r
4 &nl'2T '-'1.00" 5:>.13" 29.5&"
5 9100'57 11.00' 27.JO' 17.61'
6 IU31'0T m.CG' 10l.5f 52.93'
7 W3J'J9' 375,00' 265.H' 1!8.57' a 7!20'!lf .w.oo· 5S.$ JZ.17'
9 39'46'19' 215.00' 190.09" 99.47
10 2131"59" 325.00' IJJ.49" rr:ro·
11 mm 128.00' '-'I.Ja 7<55'
12 ll'SO':W 178.00' .(3,01' lUil'
ll 41'5!'30 12.00" 8,19' <4.60'
It 44'2:r08" ~· 4-4.9S 23.66'
IS f 2!'22" 9UXT 13.60" 6..81'
15 f26'2S' 1525.00' 12S.93' iJ.OO'
11 12'4829" 17100' 39.12" 1U4'
11 15"52'29" 142-CO" 39.34' 19.BO'
19 S74J'Vt' 12.(10' 11.09' 6..61'
20 U23"4T !t OO' lll3!" 12.~7
21 9'02'57' !61.00' S7.Jl' 28.73'
22 Yln.tf 122.00' 20.49' 10.27'
2J J102'5t 43.00' 2&.!5' 11 19'
24 s.rJJ~ 121.oo-m:w 365-04'
lS-22.00' 34.56' 22.00' n w<11<11 l9.1l0' n.es· t9.1l0'
27 YlS"tr l75.1l0' IL47 1!.21"
28 1110'19' !Sil.IJO' M.W 17.7~
29 50J'lol' 22100' lUO' Ul'
30 S4'070J' J2.00' 1U2' 6.12'
31 <150'00" '-'1.<11 35M l~aJ·
l2 ll<T<J"I ( 17.00' JUT n . ..-
ll 29'C4'2:t 207.00' 10H4' 5436'
l4 II'OI'Sl" 19.00" 30.19' 19..35'
l5 l"44"2S W5.1l0' 108.\!" 5<.l0"
ll 9(r~TJI" 1~00" 78.50" 11.12"
:17 UJ0"49' 121.00" i Ul" ;;.r
J8 lt29'41" 276.00' 117.99' SUI'
l9 1.3.!)7'15" 46.00' 111,29' 121.80'
10. nm; ,.,.CO" 9184' '-'I.OI'
" l l"02"2~ 131.00" J0.91" 1~54 '
42 f34"2S 371.00" JO.OI' 15.01"
~ ~ m;:J} ~~~ ~::: ';; ~ \ 45 mssr 125.00' 20 11~ 109.1r
.--46 11'10"25" 9JiiJO' 19Q.H' 9S.Jr . ~ ~~~~~~~~~~~
\"~~
C-36
C-37
...,
w ..,
:z::
V'l ..... .....
V'l
t
"' I
2
l • s
5
7 a • 10
11
12
13
II
DETAI L "A "
S'CAL(• I '~ 10'
LOT 82
46.535 JC.
SEE SHEET 2
CURV E TAB LE
D£l.lA ~ 1111:. lCI
<717S 1525..CXJ" 12S.t.l'
'4m:1 ttllO' 13.10'
U>l2J'O!' 53.00' IOJJI'
9<'<TIS 17,00' 25.10'
1~56'25' 375.00' 'l<l<T
85'26'11" 2S.OO' 37.76
<217S 1575.00' 122.06'
85'26'11" SO.OO' 74.56'
T20'1f 175.00' 2041'
n:r•t 157~00' JJ.n·
lJJ I~!I' JlS.OO' 1ll.<9'
2J J 1'5!1' JSO.OO' 113.76'
23'31'59" )7~00' 15UZ'
UIS'OT 1125.00' 21.33'
WI
6l.OO'
6.81"
n.1r
18.44'
rue'
lJ.OS'
ii.06'
46.17
l D.ll'
1lU'
17.7rl
72...91'
79 .1 1'
10.59'
/2 3 5: -32 BOOKJJ3iPAG£~
TRACT NO. 46628 SHEET 4 OF 9 SHEETS
IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA
46
27,075 SQ. FT.
15
23,430 SQ. FT.
1 6
25,055 SO. FT.
44
23,929 SO. FT.
LS. 4693
_..____.._ _ _..._ INDICATES THE BOUNDARY OF THE lAND
BEING SUBDMD£0 BY THIS MAP.
NOTE S:
SEE SHEET 2 FOR MONUMENT NOTES, BASIS OF BEARINGS,
BOUNDARY CONTROL AND INDEX MAP
EASEMENT NOTES:
@ ~~~~~fOI}f;ClYOf~PAI.OSI,{RD[S
@) IHDO.JtS (..I.SD.I(HT Co£tltCA.'ltD TO n£ C1lY Of RANCHO PJ.LOS VEROES FOR.
~~ ~CR~~ P!JRPOS(S ~ AI'PVRTDW<r STRVCTURES Nj()
@ =s~w~~ THE em' Of' RMCHO PALOS vt:ROES FOR
@ ~~~OJ~ r:z ~CMO PJLOS V£RO£S FOR
@ =TI~W~~TED lO THE art OF PMCHO P.aJ.OS VEROCS FOR
@ ~L~J5~ro M otY rE 1W0t0 PHDS YCRD£S
@ ~~~~~n£crN'$RAAOtOP~'ftRti£S
<¥> tf)(;IJ'E'S R£SOMD f"OR CRAW.C[ NtPOSES
ID ~~m~~~;::'~~mee
® ~"""""~~"",N',r,~rr"=.:et-"'nt:
@)" t()Ql'tS ~m fOR $olrMITAR'f snm ~s
@ lfOO.ttS OSBI£HT OOJCIJtD 1'0 M tm' CF RAHOtO PALOS \{ROES msoowxl'\.oPOSES
<D :o~~~~~~w::~~~~
SCALE. 1 ~ • 60'
40
24,196 so. Fr.
C-38
SCAt:: 1· • 60'
TRACT NO. 46628 SHEET 5 Of 9 SHEETS
IN THE CITY OF RANCHO PALOS VERDES, COUNlY OF LOS ANGELES,
STATE OF CALIFORN IA
SEE SHEET 4
20
23,022 SO. FT.
N ss·c4'42'C 2&3.H'
21
GARY W. DOKICH, L.S. 4693
36
2>,07l SO. FT.
N SD-57'2~'( 212-00'
79
2.l,l21lSO.FT.
CURVE TABLE
1 82!'21'
2 10lll'02'
J 1Sml6"
l em·l6'
5 !5'2~18'
s aJ7"d
7 121'111'
I til4'48'
9 #"2.l'08'
10 1S~'09'
II IS~
RAOIIIS
92.00'
'"-00'
375.00'
17.00'
lO.OO'
102!i00'
975.00'
lJ~OO'
la.OO'
J<.SO'
:14.50'
!lit. lGT
ll.61l'
10l.6-t'
110.95'
25.61'
7t56'
11.18'
~.()<'
13.61'
#.9l'
10.0.'
10.04'
Till
6.81'
nl2'
55..88'
1S.'l<'
46.1 7'
5-59'
20.02'
5.81'
2J.W s.os·
5.0S'
EASEM ENT NOTES:
17
-..!.!'!!?§f. ...,
85
DETAIL "A"
SCIIL?•lC'
24
SCAI.L:1·~
@ ~~s&l\i'i8:i:J~10
"" otY Cf """"' "'"'' """"
® ~Ths~~~~W~~~=ci~ro~
ViGRESS »fJ EGRESS.
@ ~S=~~~ lll£ em or~ PALOS ~ fOR
@ ~~~~.J&Ji fJZ ~~PALOS 'AAOES fOit
@ ~~~~TO THE em' Of'~ PollOS $OES FOR
@ ~~~~P~TO TH( em' Of JWQtO M .OS 'I{ROES
@ ~~~EDICA~TH£ Cffi' OF 1W«:HH PAlOS V(ROCS
@) NlCATES RE'SEJMD fOR [l;WWGE PIJRPIJS£5
INDICATES THE BOUNDARY Of
THE l#JD BEING SU8DMDED
BY THIS MAP.
® ~~t":~s~ ~~rw~:lk10 oc
® ~~~~'W~!gTt~~ & OE[)('.Arto to mr
@ JGCATtS RESDMO fOil SollmARY SEWER PURf'OSCS
@ ~~~~PU~~l!D TO 1H( O'TY Of R.loHCHO PAI.OS VER0€5
(i) =~~~~~~~~~~~~\~=ES~~oo
t\~m\,.WIP'OofC\4-66l&--).dwg 1/ll/H
C-39
EASE!o!EIIT NOTES:
0
®
I 'IIIOOTif llJXI' 11.1$'
2 fO>'ST J&l.OO' Sl.ll'
l 8J'll'41' H.OO' 20.ll'
4 &n51T <3.00' IJ.Il' s ma·J6' 1t 00' tl9'
6 m no· 11100.00' s&w·
1 KU7t 9<.00' 1!60'
a toe,·J<T se.oo· 107.80'
!l 9i'2!'Jt' 17.00' 28.03'
10 fl4'26" 3&100' 2!.9.!1'
II g02'l8' l6l.OO' S1.JJ'
12 91JOOW !t OO' 21.99'
IJ erJr\6' 2s.oo· J9.07'
H 11Jr.O 50.00' lW '
11 rozsr ~.or su•·
16 9'02'5T J7!.00' 59.70'
11 0'42"21" 2hCO' l.J9'
18 1'$4~1' tlSJIO' lUI'
19 <S<l11!' le.OO' 4Ll9'
~ 11l'JT 5e.OO' J.71'
21 ~'SO' 45.00' 6W'
!2 l rS I'l6' to.OO' IUl'
2) 1!1:100'00' 9,111 28.27
21 Vfii'ST l21.tl1 51.!16'
25 9'02'51!' l29.00' 51.96'
26 IH54'05' !SO' Mf
21 18 11 '2.1' ltOO' 10.)7
21 <11'11'2.1' 12.00' 10.0!'
WI
19.00'
l!.ll'
lt47
21.66"
4.60'
21.U7
Ul'
n .&6' Ill) I IJI'
H.SO' 11
2tll' JO
II .()()' l l
2ua )2
lUI' JJ
27~' Jl
21.9 1' JS
1.69' J4
IUt Jl
24.46' Ja
1.6)' J!
ll.l7 II)
t .Jl' <I ll/A 42
26.Gl' 4)
26.0.' ..
ll$1' <I
21 .4r ..
SJT H
AAO.IJS
701'18' 208.00' 25 4i' 127G
1'01'18" 19?,00' 2l.5l' Ill!'
ISSO'JV 175..00' 4.3.0 1' 21.61'
21 '17'53' 12!00' .a.Ja 24.65'
Jl02'lt 4100' 25oM' llll'
57U'Ot 11.00' 11.(19' 1.11'
'll"ll! 12200' 20.49' 10.2.7"
1~52'21' 142Jl0' l9.JI' IUO'
!S2l'l1 H.OO' ~.J!' 1147
'liJOO'Ot n.or Jl$ n.OO'
s~ 19<.00' II.GI' 9,0J'
I'J8'22' 192.00' ~•t t15'
51.1l'29' 150.00' 140,17 15.17
41'111! 4.1.00' 40,S7 n •r
91100Tif 10.00' IS.71' 10.00'
181700Tif 1500' mr N/A
ml'lt 15.00' 20.41' 17.H'
IOltn'Jt 1~00' 26.Jr 11.5<'
tru '3£1" 150.00' JO.W ll.<a
LOT 80
\'.
14.170 /oC.
~~
-I ~~
"I
~ ~'.
I
' I
NOTES:
TRACT NO. 46628
THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA
MDS CONSULTING
INDICATES THE BOUNDARY Of THE lAND
BEING SUBOMDED BY TH IS t.IAP.
GARY W. DOKICH, L.S. 4693
I. SEE SHEET 2 FOR MONUMENT NOTES, BASIS Of BEARINGS,
BOUNDARY CON TROL AND INDEX MAP . -
SEE SHEETS 2 & 5 --------------
...... -( .. ~'' --.,:f!S
--------------,
SEE SHEET 2
CURVE TABLE
I«) OClTA. R.IDVS AAC l.CJ U.'i
48 i l'm9" 150.00' IOUJ' 57.YY
-49 9!100'00" 15.oo" 2l.Si' 15.00"
SO JfJO'JI" ~.00' SUI ' 2.1.95'
SEE SHEETS 2 & 7
SHEET 6 Of 9 SHEETS
SEE SHEETS 2
C-40
CURVE TABLE
NO DELTA RA!>VS AAC l.Cl Tm "" OCJ.TA IW)!lJS ARC l.GT TN<
I 15'52'29" 1-42.00' J9.J-4' 19 .50' 19 730'39" G25Jl0' 27.39' 13.70'
2 1700'37' 525 00' l10.05' 5~2Y 20 30"37'00 5a.oo · JI.OO' 15.88'
J 85'0:3'"9~ 25_00' 37.12' 22.9J' 21 1B'02'J~· 54Jl0' 18.26' 9-21' • 20"24'35"' 92.00' 32.77' 16.55' 22 53'11 '·Hi ·H .OO' -4 0.85' 22,03'
5 11125'1 4" 92.00' )6.1JI 8.39' 2J 5705'15" 4-4 .00' <0.00' 21.50'
6 10fO'SJ"' se .oo · 10M2' 75.22' 24 54'26'39" H.OO ' 41.81' 22.63'
7 14'5l 'St• 92.00' 23.87' 12.00' 25 5ror2; HOO' 4J.87' 2J.95'
8 <2YJ~ moo· 5J.OO' 26.5J' 26 J'58'09" 44.00' J.05' l52'
9 88'14'SJ" 17.00' 26.18' 16.49' 27 ~J2'29" 150.00' 1<0.17' 75.67'
to 10'4&'5/ 625.00' 117.52' 5M8' 28 SJ4'55' J75.00' <J.08' 21.56'
11 J750'18' 92.00' 52.7J' 27.11' 29 <"09 '1(1' J75.00 ' 27.18' 1l.60'
12 1UJ1'07' 575.00' 105.56' 52.9J' JO J'28'2t 100.00' 6.08' J .OJ'
1J 9700'57' 17.00' 27.JO' 17.61' l1 15'16'<0 80.00' 2l.JJ' 10.7J'
t< 2l'<J'SJ" 128.00' 48.7()' 2<.65' J2 7Z20'J8' <4.00' 55.56' 32.17'
15 8SOJ'<9" 50.00' R2J' 15.87' JJ 1Z18'2(( 175.00' J9.t2' 19.61'
16 18'5.!1'20" H.oo· 36.07' 19.12' J< 18"4J'5t 125.00' 40.87' 20.62'
t7 29"0614i 92.00' <6.75' 23.89' JS 15'10'59" 150.00' J9.75' 19.99'
'" s•l·Jr 92.00' 5.98' 2.99' J5 5J'J7'21" 5.00' 4.68' 2.SJ'
SEE SHEET 6
59
60
30,7-49 so. FT.
~~. J2,729 SO. FT.
~-....
58 ",
25.887 SQ. n . ~.
SCALE 1"• 60'
TRACT NO. 4 6628
IN THE CI1Y OF RANC HO PALOS VERDES, COU N1Y OF LOS ANGELES,
STATE OF CALIFORNIA
MDS CONS ULTING GARY W. DOKICH,
NOTES:
L.S. 4693
INDICATES THE BOUNDARY OF THE LAND
BEING SUBDMDED 8Y lfiiS MAP.
l. SEE SHEET 2 fOR MONUMENT NOTES, BASIS OF BEARINGS,
BOUNDARY CONTROL AND INDEX MAP. SEE SHEET .3-------
----
----------"''l"~{!J'.l'l---~-
1 WWIOC
~
~ 73
27,678 SQ. fT. f
'-~
72 ,..
l!l 25,801 sa. rr. !<
LO T 81
5~59 IC.
-------~,,
'
71
29,1to so. n.
SHEET 7 Of" 9 SHEETS
C-41
SCALE 1 .. -200'
DETAIL SHEET
/2 35 ?C::,
TRACT NO. 46628
IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES,
MDS CONSULTING
STATE OF CALIFORNIA
GARY W. DOKICH,
S'LY UNE OEID RE.C. 7-6-55 It-1ST.
NO • .2166 SJ< 51659, PC. 148 OR.
L.S. 4693
CD o-tn..nr l• ~!..tt
(0•0'25'1f l•lur)
CD a-cnni' l• 21n·
{(!)to 1111'46" l•liil' I)
m tt·
<1~\H 'IUI!J.ItllS/l~
<t!olWROJ.I.~I i/lH>
<151 I)' W .l l2S4-lb
.l.llil!ll
SHEET 8 OF 9 SHEETS
{ ) R(COI>O PER TR NO. 29986, M.9. 91 9/82-87
[ I R(COflO PER 1R NO. <06<0, 1<9. 1061/15-17
<> R£CORD AS NOTED
----------------
C-42
DETAIL SHEET
TRACT NO. 46628
IN THE CllY OF RANCHO PALOS VERDES, COUNlY OF LO S ANGELES,
STATE OF CALIFORNIA
MDS CO NSULTI NG GARY W. DOKICH, l.S. 4693
SEE SH EET 6
DETAIL "8"
SCJd.£.1 •60'
SHEET 9 OF 9 SHEETS , .•
,.._
>-w w
:I:
Vl
w w
Vl
59
S EE SHEET 2
lliERt.BTCtRt ln' 't'B.l1' ALL CtRTlFtCAtt3 KAY& BUtt
PILED JJtt) DEPO S ITS HAYI BtEH YAC~ 'THAT ARI
REQ.OIRED tnmtR tHE PROV lSIOlfS OP UCTIOI'fS 5 11401
IJa) 50-U3 OF TH.E 5Uli0 1VUJOM .u.P ACT.
56
DETAI L "A" sou:. 1 • l(]
NO
I
2
l • ! • 1 a
I
10
II
12
I)
"
CURVE TABLE
lnlA R/00$ lilt lCT TNt
l'IJ6'07 JSJX)' 24.19' IUiO"
tr:nr..-55.00' 17.61' -2f29'lt 1~.00' «.87 2l12'
2r29'lt 145.00' SU!' 2752'
~mr ~.00' 56.91" )I .lit'
J!6~T l!.OO' 2.41" 1.21' s•nr «.00' 4.H' 121'
S<Sl'Dt +1.00' U.t~· =· S'4S'St .. .00' ~73' llr zmr ... CO' 121" 1.UT
~)<$ 375.00' <J.OS' 21.56'
<W'IIf ~5.(10' V.l!' tl!O'
15'16'4.3" 80.00' 21.lJ' 1Q1J'
J21'2f 100,00' 1.05' lOl'
C-43
EXHIBIT D
Donor Recognition Naming Criteria
and Approved Sites
C-44~ ~1. ::w~n ·~:t 1 ... \dJ~K~JU i.~l P.tll'!'> v~.·nh:~ I'm·~.· ~ ... ,uth lhl.'t\.' Will h~.· .1 (.r.:liC\\,1\ 1'.11;. f,,, th~.· 1.'lliiH!' pn.' ... l.'r\'1. \ddllh.ll\,11 ~.kvch.,pm~n; \\ilh111 th1 ... ·'''-'·' :n,\\' tn~.lud~ .Ill ~.·qur.::=-..tn.lll ... ~.·nil'! dtK.liJ\111,\I ~~~v.l., .. ,Hld pt ... n!C ,m:.l~ I h ... · (.;.ltcw.tv P.lr will fl·.mth.: th~,· d,ln~oH-.. n.tm~ .111d b~.· prlllllmcntlv d!'>pl.tv~d l'll .1 .. ,gn wd ..... llllln~ \'1~11~''~ h., th~ rJL'!"t:'r\'C rill.' do!WI'!:-(i.''llllrtbll!lll!\ \\\lLtlr.J .th.~l b ... · ,.._.,~,..lpl!Z\:~I.\1 !111..: l)cl (\.•rrl' l''''ll'l Rc:,n)!lllitll!l Sn~..· \\'d,l...·, !1 ....... \ ·-·· ... ! h~..·r.: .Jrl' ~C\\.'r.tl llnii.Jltl.' n,uur,ll .Hi..'.h 1!1 th~..· jlfl'~CI\'1.: .llld c.1d1 .uc.1 w1ll h,n:c tho.: l)PJ""llrtllllll\" fl'r ,1 .,:k·.HIV \'l'>ll'k' ''~11 111 ,1 publl-; ll'"'•\11\11) It Will b1..• r...:krn.:,, W Ill ,l!t 111iltCrhii:O:. ,1-. !IH.' i)llflOJ :\!,1!111.: \\'1kkn11.~~" t\tCcl 1\ "Pt.:(l.:ll IC,I.l~llilll>U flit (';Kh \\'ildctJl\.''-' .\11.:.1 wdllx• p.nt l'i !hi.' L'd L't.:m.~ l'l~\lltlr R~.·.:l~~~~~tinll S1tL' ;c.:J '~ ::n ;.l "";~~.1u1 ~~u~gni!ion ~it:.: \ dl'llOI ICl'l.~nlh~ll' :->II"' will be acilt.:U ;11 Dd Ccrrl' Potrk to h.'(ll~l1171.' .lll ((.\lllrtl'llllf.\11~ ll! $."\7,000 01 nll.)f(' wuh pcrm.mcnl m.trkcr:--~'\'-'rll"l'klll~ the m.,~mh..:ent slope~ ~o>f 1\ntugucM: tknd .\n c.I~V p:uhw.1v fmm rh~,· p.ukm~ k'l w1ll hnn~ thl..' donLH tt.1 th(.' \ u:wp;,llllt when:-.1 'l~mfK.lnl nml pcrm.tnL"nt r..:.:o~nitmn m.uJ...c1. mdu~hn~ :o.I.'.Wn~ .1nd sil!nl'!~l' will be pi.K\.'1..1 \\'1thln tho.: ~;.,h:w.w I'.HI\ ,ll\ ..:ducmun l'Cilli.:r will wt.:kumc p..:~,.,pk .._,i .111 ,lt!~" h' lc.un .1btlUI thr.: lllll~otu .... • lc,\lurc~ ,,f th~.· ptc .. crv~,~ ,\ I.H~'C ~~~~~ \\'Hh rh(.' dll!lor\ tl,\1111.' \vdl 1nMk the Mea .• md ;lll m.ttcn~l~ \\'ill rckr ll' the iot..:ilitv by the dun~~~-~ n.1n11: You \\ill .lbt' be r.. .. 'u'~llli'l.~d .H :h~.· Pd Cerro Dont'' l~l.'(tlgnhl~'ll ~lie "-.I.~ illillinn .-...._ .. 'IHt.: l·~:i1i!'-. Th~ ... c Mf.' dr:un.111~· m•crinPJ..::-Wllhm tht.: pu.:::.t.."rvc: Pcrrn,1n~..·n1 m.uh:r:-~h.~-...l~lh.'d f,1r l.'.h.:h ..:th: ·'"' .tpprnpn.lh:. w1ll bt.." pb..cJ .1! th~o~ ~oWt..'rk'l'k ~llld wtiJ tc~..·u~nt71..' dtlJW: ::.uppon R~.·~..:~'\!llllh111 .:ollld bt~ .1 pi.1qut= b~o•m:h ~o\l ,uh~o:l 01mcnm ltl bc ~ktl.'rtnilll.'d ((lfllnbun .. ,n:-wdl ahH' l"ll' noted .11 the ll(,.·l C~.:rHl l"\.m'-'T l~l'l(~ilHII'I"l sn .... AJ'pm.'\tlll,lh'lv tw~:ntv mth.·~ 1."~i 1r,11b tr.tn.:r:-1.· th~,. j"H\~~r\1.' .IIH.It1.111lll11! tlpp~o~rrunlll\.'" ~x1-.:t fll! .ll! .. ~( !hi.' tll.lll11 tr.111-: ThC' rr.n! n,Hlh.'"' will ht: :-lhl\\'11 \.lll ,,IJ,,t the tn.\)h .._,(111l· pn.!s~.·rw. on lr,,J! ..,,~n~ .u til..: Ir.Hlhc;td ,HlJ .H !r;HI mt~..·,~cl'llc.ll1"' P~llhll" wdl .11..,,, b~ n:~.·~,.l)t!llli'l'd .H thc Pt:il'cnt' f),,IHtr !kO.:ll~nilt~'ll ~ill'
C-45
/ .
* Proposed Donor Recognition Site at Abalone Cove * Proposed Donor Recognit ion Site at Portuguese Point
C-46
* Proposed Donor Recognition Site overlooking the Education Center
C-47
First Amendment to the Management Agreement
between the City of Rancho Palos Verdes and
the Palos Verdes Peninsula Land Conservancy
This agreement is the first amendment ("First Amendment") to the Management
Agreement between the City of Rancho Palos Verdes ("City") and the Palos Verdes
Peninsula Land Conservancy ("PVPLC"), dated November 1, 2011 ("Agreement"). This
First Amendment is effective as of April16, 2014.
Section 1. Exhibit "A" to the Agreement, which is the Map of the properties within
the Palos Verdes Nature Preserve ("Preserve") that are managed by PVPLC on behalf of
the City, is hereby amended as follows: 1) to remove the 40-acre Archery Range Property,
which corresponds to the removal of that Property from the Preserve, and 2) to reconfigure
the Preserve Boundary within Gateway Park, which corresponds to the addition of 7 acres
to the Preserve.
Section 2. Except as expressly amended by this First Amendment, all of the
other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
as of the date and year first above written.
R6876-0001 \ 1703649v1.doc
PALOS VERDES PENINSULA LAND cozz:cv
By: .~~
Printed Name: ;4-v,dt cf a Ve>n t/L_
-h've bceeftY
e: :Jerry V. fuhotJ/G
Title: _ML.....LI.<~~O==-Y~------
[Signatures continued on next page.]
C-48
ATTEST: ·~.
'---]
·By: (JpA~"-4
City Clerk ·
R6876-0001 \ 1703649v1.doc
CITY OF RANCHO PALOS VERDES
("CITY")
1
Karina Banales
From:Siegenthaler, David <David_Siegenthaler@nps.gov>
Sent:Monday, November 8, 2021 8:17 PM
To:Karina Banales
Cc:Ara Mihranian; Murray, Ray I
Subject:RE: [EXTERNAL] Hatano Farm Discussion
CAUTION: This email originated from outside of the City of Rancho Palos Verdes.
Dear Karina and Ara,
Thank you for discussing with me the options Rancho Palos Verdes is considering for public park use of
the currently, and long-standing, non-compliant area that has been leased for agricultural use in Upper
Point Vicente Park.
We are pleased with what the City is now considering. I think three of them could possibly be acceptable
as a public park and recreation area use depending on the details. The original application stressed more
open space, passive recreational use of the area and preservation/restoration of native habitat. With that,
two of the options readily appear to be good fits with the current Program of Utilization of the site: option
“d” which would restore the area to its native habitat, and option “b” which would establish a native plant
nursery/native seed farm. In either scenario, the plan would just need to include mechanisms for public
access and involvement. Option “a”, the community garden, might also be an acceptable plan – it could
honor the agricultural history of the site and educate users about raising food under the presenting
circumstances. It would need a good mechanism for ensuring equitable access to gardening
opportunities for the general public, such as rotations, lotteries, or etc. It is less obvious to us how a
garden-to-kitchen approach, your option “c”, would fit with a public park and recretion use requirement
and with the public recreational purpose of the Federal Lands to Parks Program. We would need further
details about that to determine its acceptability.
The staff’s preferred option is one we could certainly stand behind. It has the advantages of stressing the
native habitat and life of the area, educating and providing the public with first-hand contact with native
conditions and encouraging their use of natives at home and their support of habitat preservation and
restoration efforts. You have also incorporated an element of respect for the historical value of the past
agricultural use of the site. With open site access and a good program of public involvement and
engagement in supporting restoration, that could have great benefits for the park and beyond, both
recreational and ecological.
Best wishes to you as you move forward. If you would like to discuss anything in further detail at this (or
any) point, please let me know.
Thanks,
David
David Siegenthaler
Regional Program Manager
Federal Lands to Parks
National Park Service
909 First Ave, Suite 500
D-1
2
Seattle, WA 98104
(206) 220-4083
From: Karina Banales <kbanales@rpvca.gov>
Sent: Monday, November 8, 2021 10:00 AM
To: Siegenthaler, David <David_Siegenthaler@nps.gov>
Cc: Ara Mihranian <AraM@rpvca.gov>
Subject: [EXTERNAL] Hatano Farm Discussion
This email has been received from outside of DOI ‐ Use caution before clicking on links, opening attachments, or
responding.
Good Morning David,
Thank you again for speaking with Ara and me last week to discuss the future of Hatano Farm at Upper Point Vicente. As
discussed, below are the options that staff intends to recommend to City Council for their consideration at the
November 16, 2021, meeting:
a. Community Garden
b. Native Plant Nursery/ Native Seed Farm
c. Kitchen‐to‐Garden
d. Restore the Property to its Native Habitat
Of the four options, staff’s preferred option is to consider collaborating with the Palos Verdes Peninsula Land
Conservancy (PVPLC) based on the following:
A native plant seed farm that will provide seed for habitat restoration projects in the Palos Verdes Nature
Preserve
Seeds provide the necessary genetic material for plants that have evolved to the particular climate of the
Peninsula and give the best opportunities to support peninsula wildlife, including the endangered Palos Verdes
blue butterfly
Seed material could be provided to residents to bring local pollinator species to their home gardens, schools, or
local businesses
Provide seed material for City revegetation projects as required by the Council‐adopted NCCP/HCP
Grow “golden poppies” which provide much‐needed habitat to local pollinators and birds
PVPLC envisions educational opportunities and collaboration with the city, local schools, and other groups
wanting to provide resources to local youth
D-2
3
PVPLC will honor the Hatano history by installing interpretive signs along the public trail that crosses through the
farm, work with local historians, and include a robust website documenting the site’s history. This educational
point with the local natural history provides a unique educational opportunity for the region.
Staff is also recommending to include fuel modification plants for the community
In addition, we believe that the proposed PVPLC option complies with the Program of Utilization, Rancho Palos Verdes
General Plan, and the Palos Verdes Nature Preserve’s Public Use Master Plan (PUMP).
Mr. Siegenthaler, we kindly request that you provide your thoughts and preferred option, based on the POU, for the
options described above no later than Tuesday morning so that we can include your comments in the staff report for
City Council consideration.
Sincerely,
Karina Bañales
Deputy City Manager
kbanales@rpvca.gov
Phone ‐ (310) 544‐5203
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Website: www.rpvca.gov
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you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation.
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the City website.
D-3
E-1
2 July 2014
James Hatano
% Dorothy Scheid
PO Box 7175
C ITY OF
Huntington Beach, CA 92615-7175
RANCHO PALOS VERDES
CI TY MA NAG ER'S OFFICE
ADMINISTRATI ON
SUBJECT: Revised Terms for Rental of Agricultural Land at Upper Point Vicente
Vb.<.on~'l Dear~eitt:
Thank you for meeting with me and Carolynn Petru on 12 June 2014. As we discussed, the
Rancho Palos Verdes City Council is very supportive of maintaining your father 's farm at
Upper Point Vicente. At its meeting on 20 May 2014, the City Council directed Staff to allow
this use to continue ind efinitely on a month-to -mo nth basis.
The City received a $50.00 payment from you on 9 Apri l 2014 for six (6) months ' rent of the
farm site until 30 September 2014 . On or before 1 October 2014 , please remit payment of
$50.00 for an additional 6-month rental period until 31 March 2015 . Please make the check
payable to "City of Rancho Palos Verdes" and send to it my attention at City Hall.
Please note that the terms of this month-to-month rental agreement call for the payment of
$50.00 for six (6) months' rent, payable in advance by April 1st and October 1st of each year.
This agreement may be terminated by the City or by you at any time with at least thirty (30)
days' written notice. If the agreement is terminated , the City's property shall be cleared of
your father's personal property and struct ures in accordance with the terms of Section 5 of
the original 2006 lease for th e property (copy enclos ed).
If you have any questions or need addi tion al information, please feel free to contact me at
(310) 544-5226 or via e-mail at kitf@rpv.com .
Since re ly ,
Kit Fox, CP
Sen ior Adm ini strative A nalyst
enclo sure
cc: Carolynn Petru, Acting City Manager
Martin Martinez, 1079 W. 25th St., Apt. D , San Pedro, CA 90731
M :\Municipa l F acilities\Hat ano Farm Lea se Agreement\2 0 1407 0 2_Hatano_Continued Re ntaiTerms.docx
30940 IIAWTHORN E BLVD. I RANCHO R\LOS VERDES, CA 90275·5391 I (310) 544·5205 I FAX (310) 544·5291
WWW.PALOSVERDES.COM/RPV
PRINTED ON ReCYCLED PAPER
F-1
CITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
INTRODUCTION
HONORABLE MAYOR & CITY COUNCIL MEMBERS
KIT FOX, AICP, SENIOR ADMINISTRATIVE ANAL YSJ,-m
SEPTEMBER 23,2013 @
SUMMARY OF CONVERSION PROCESS ACTIVITY
RELATED TO AGRICULTURAL USE AT POINT
VICENTE PARK
Staff understands that the conversion of property subject to the Program of Utilization
(POU) at Point Vicente Park that has historically been used for agricultural purposes is
an issue of concern to the City Council and members of the public and was discussed
again at this past Tuesday's City Council meeting, particularly as it relates to the City's
acquisition of the Malaga Canyon properties using Federal (Section 6) grant monies.
Staff would like to take this opportunity to summarize Staff's efforts in this regard.
INITIAL REQUEST AND RESEARCH (SPRING 2012 TO FALL 2012)
In May 2012, Mr. Hatano's family made an informal inquiry about extending and
transferring his lease at Point Vicente Park. In the course of reviewing this request,
Staff discovered that the most recent lease had expired in March 2011 and that its
terms prevented it from being transferred. In addition, based upon the City's experience
with the POU use restrictions imposed at Lower Point Vicente (LPV) that became an
issue for the former Annenberg Foundation project, Staff identified the need to
investigate the consistency of continued agricultural use with the POU as well.
Staff met with Mr. Hatano and his family in the summer of 2012 to discuss this issue,
and Mr. Hatano subsequently made a formal request to extend and transfer his lease to
his long-time foreman, Mr. Martinez, on October 1, 2012. In preparation for presenting
this request to the City Council, Staff contacted Mr. Siegenthaler of the National Park
Service's (NPS) Federal Lands to Parks program by telephone and e-mail on November
16, 2012. Staff received an e-mail reply from Mr. Siegenthaler on November 19, 2012,
wherein he stated emphatically that "[agriculture] is not a public park and recreation use
and is not allowed on lands conveyed through the Federal Lands to Parks Program."
Staff followed up with Mr. Siegenthaler by telephone, wherein we discussed the
available options to allow the agricultural use at Point Vicente Park to continue (i.e., the
"conversion" process).
F-2
MEMORANDUM: Conversion for Agricultural Use at Point Vicente Park
September 23,2013
Page2
As Mr. Siegenthaler explained it to me in November 2012, the "conversion" process
involved replacing the property to be removed from the POU restrictions with a
replacement property of equal fair-market value and reasonable-equivalent recreational
utility and location to the area to be converted. Mr. Siegenthaler also informed me that
the replacement property could not be an existing City park, but would need to be
newly-acquired property.
In his November 19th response, Mr. Siegenthaler also noted that he "[believed] that
early in the history of the land transfer the City inquired about granting a lease for
agricultural use on the park land and was told that it was not consistent with the
purposes of the land transfer." Staff requested any documentation regarding this topic
that NP~ might have on November 27, 2012, but none has been provided to date.
In the December 4, 2012, City Council Staff report on this topic, Staff had not identified
replacement property for the conversion, and estimated that such property could cost
roughly $1,500,000 per acre, based upon recent vacant property sales in the City.
However, at that meeting, Sunshine suggested properties that the City was trying to
acquire that might be suitable replacement property for the conversion: Malaga Canyon
and North Windport Canyon.
OPEN SPACE ACQUISITION WITH FEDERAL GRANT FUNDS {2011 TO PRESENT)
In 2011, the U.S. Fish and Wildlife Service (USFWS) notified the City and the Palos
Verdes Peninsula Land Conservancy (PVPLC) about the availability of unspent Federal
(Section 6) grant monies for the acquisition of open space that were eligible to be spent
on the Palos Verdes Peninsula because of the City's Natural Communities Conservation
Planning (NCCP) program. USFWS expressed the desire to expend these funds before
their expiration to preserve additional habitat on the Palos Verdes Peninsula to augment
the completed NCCP Preserve.
Working with the USFWS and the State Wildlife Conservation Board (WCB), City and
PVPLC staff identified a number of privately-owned open space· properties that
contained protected habitat for possible acquisition and appraisals of the properties
were completed by the State. These included (among others) the ±58-acre Malaga
Canyon properties (owned by Dr. Roger Giani and Ya-Yi May). After contacting all the
property owners of the identified open space properties, Dr. Giani emerged as the only
willing seller as he was interested in selling approximately 42 acres of his property. On
November 1, 2011, in closed session, the City Council directed Staff to pursue said
acquisition of the 42 acres. As a result, an updated appraisal of his property needed to
be completed.
Seeking to find other open space in the City to purchase with the available Federal
grant monies, in May 2012, the City and PVPLC contacted the owner of approximately 8
acres of open space in Windport Canyon that abuts approximately 5 acres of open
space already owned by the City. The owner expressed an interest in selling. Thus, on
July 17, 2012, in closed session, the City Council directed Staff to pursue said
acquisition. As a result, the State agreed to prepare an appraisal of this property.
F-3
MEMORANDUM: Conversion for Agricultural Use at Point Vicente Park
September 23, 2013
Page3
Subsequently, on September 12, 2012, in open session, the City Council directed Staff
to continue working on the possible acquisition of open space in Malaga Canyon and
Windport Canyon for preservation purposes, and appropriated $38,000 to fund certain
due-diligence tasks associated with the acquisitions.
In October 2012, Staff followed up with the property owner of approximately 16 acres in
Malaga Canyon (Ya-Yi May) who originally expressed no interest in selling after she
was contacted as part of the original search for open space. This time, the property
owner expressed an interest in selling. As a result, the State agreed to prepare an
updated appraisal.
In July 2013, the updated appraisal of Dr. Giani's property, the updated appraisal of
Ya-Yi May's property and a new appraisal of the Wind port Canyon property were
completed and approved by the State. Dr. Giani agreed to sell for the appraised price.
Thus, on July 16, 2013, in closed session, the City Council directed Staff to pursue the
purchase the 42 acres of open space for conservation purposes. Subsequently, Ya-Yi
May notified the City that she was willing to sell for the appraised price. Thus, on
August 6, 2013, in closed session, the City Council directed Staff to pursue the
purchase the 16 acres for open space. Despite repeated inquiries to the owner of the
Windport Canyon property, no response has yet been received as to whether they wish
to sell for the appraised value.
Pursuant to Council direction, Staff and the City Attorney prepared Purchase and Sales
Agreements for the two Mala~a Canyon acquisitions which were presented to the City
Council at the September 1i meeting. Since the Federal grant monies are going to
expire soon, all parties are working to have the acquisition monies appropriated by the
Wildlife Conservation Board (WCB) at its November 2013 meeting. This will allow the
deals to close by the end of the 2013 calendar year.
FURTHER RESEARCH AND FOLLOW-UP (SPRING 2013 TO PRESENT)
Returning to the issues at Point Vicente Park, by the spring of 2013, Mr. Hatano's "year-
to-year'' lease of the farm site was coming up for expiration again. Staff sought the City
Council's authorization to continue to lease the property under the terms of the existing
lease on a "year-to-year'' basis, and wished to provide an update since the December 4,
2012, City Council meeting. Staff agendized this issue on March 19, 2013.
In preparation for that meeting, Staff again contacted Mr. Siegenthaler via phone and e-
mail, asking for responses to two (2) specific questions to be addressed in the March
19th Staff report:
1. Do you see a means by which the existing agricultural use could be modified so
as to be consistent with the POU, thereby avoiding the conversion process? For
example, do you think that the provision of additional public access, education
programs, site amenities, modifications to the size/area/activities, etc., could be
found sufficient by NPS to allow the City to reassign and extend the lease?
F-4
MEMORANDUM: Conversion for Agricultural Use at Point Vicente Park
September 23, 2013
Page4
2. In the event that the answer to the first question is "no," what is the process for
initiating the conversion? The City has identified 2 large plots of vacant land (8
acres and 48 acres) for possible acquisition to replace the 5 acres at Upper Point
Vicente to be converted.
Although Staff did not receive a response from Mr. Siegenthaler by the date that the
Staff report was completed, Staff did subsequently speak with him before the March 19th
meeting. He confirmed that the answer to my first question was "no," and we again
discussed the conversion process. He subsequently followed up with an e-mail on
March 14, 2013 (attached), which laid out the basic requirements for pursuing
conversion.
At the March 19th meeting, the City Council expressed support for exploring the
possibility of using the Malaga Canyon or North Wind port Canyon properties as possible
replacement properties for the conversion process. However, at that time, negotiations
were still on-going for both Malaga Canyon and North Windport Canyon, and it was not
certain when or if the City would acquire either of these properties. Accordingly, Staff
continued to monitor the status of these acquisitions, but waited to expend additional
City resources preparing a conversion application until it was certain that the City would
acquire at least one of these properties. For example, although we knew that an
appraisal of the farm site would be needed, we did not wish to undertake it so far in
advance of initiating the conversion so that it would no longer be current enough to be
used in connection with the conversion process.
NEXT STEPS
Now that it appears that the acquisition of potential replacement property for the
conversion will be happening, Staff is immediately undertaking the following steps:
• Ordering appraisals of the ±5.5-acre farm site at Point Vicente Park and a 5.45-
acre City-owned property abutting North Windport Canyon, which was previously
purchased though a County tax-default sale and could also possibly serve as
replacement property.
• Contacting Mr. Siegenthaler (who is out of town until September 25th) to get
clarification of whether the City's acquisition of replacement property prior to the
submittal of a conversion application would disqualify such property from
consideration as a replacement property. It appears from the information
Mr. Siegenthaler previously provided to Staff that prior acquisition would not
preclude a conversion, provided that the property was not acquired for parkland
purposes. The City Attorney is also further researching the Federal regulations
in this regard. However, since some of the Park Service rules do not appear to
be available on line, Staff may not be able to provide a definitive answer to that
question until Mr. Siegenthaler returns (the City Attorney spoke with a
representative of the Park Service last Friday who was attempting to locate the
applicable rules.)
F-5
MEMORANDUM: Conversion for Agricultural Use at Point Vicente Park
September 23, 2013
Page5
• Proceeding with the compilation of the necessary items listed in
Mr. Siegenthaler's e-mail of March 14, 2013, so that a conversion application can
be filed.
• Making weekly reports to the City Council on the status of the conversion through
the Weekly Administrative Report.
Attachments:
• E-mail to David Siegenthaler of 11/16/12
• E-mail from David Siegenthaler of 11/19/12
• E-mail to David Siegenthaler of 11/27/12
• E~mail to David Siegenthaler of 3/11/13
• E-mail from David Siegenthaler of 3/14/13
M:\Municipal Facilities\Hatano Farm Lease Agreement\20130923_HatanoLeaseConversionSummary_Memo.docx
F-6
Kit Fox
From:
Sent:
To:
Cc:
Subject:
Attachments:
Dear Mr. Siegenthaler:
.
KitFox £...
Friday, November 16, 2012 10:23 AM ..,..-
David Siegenthaler ·
Carolyn Lehr; Carolynn Petru; Carol Lynch <clynch@rwglaw.com>; Joel Rojas; Ara
Mihranian
Extension of Agricultural Lease at Upper Point Vicente in Rancho Palos Verdes (LADA
Nike Site 55, Point Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088)
2006 Lease Agreement for UPV.pdf; Hatano Farm at Upper Point Vicente.pdf
This e-mail is a follow-up to the voicemail message that I left for you earlier today. I understand that you will be back in
the office on November 19th.
As I mentioned in my message, the City is considering a request from James Hatano to extend and transfer his
agricultural lease of a 5.5-acre portion of the City's Upper Point Vicente property. A copy of the most-recent lease
agreement and an aerial photograph of the farm site are enclosed. Mr. Hatano, the descendant of the last Japanese
American truck farmers on the Palos Verdes Peninsula, has farmed this property since before the City of Rancho Palos
Verdes incorporated in 1973. At age 85, he wants to retire and pass the operation of the farm on to his longtime foreman,
Martin Martinez.
I have reviewed the Program of Utilization (POU) for the Upper Point Vicente property and found no mention of
agricultural activity whatsoever. However, we know that Mr. Hatano was farming the property at the time that title was
transferred to the City in 1976. Before the City considers extending this lease further and/or assigning it to Mr. Hatano's
foreman, we want to be sure that such action is consistent with the POU. Please let me know how the City can request
that the National Park Service make such a determination.
If you have any questions or need additional information, please feel free to contact me at the phone number or e-mail
listed below.
Sincerely,
Kit Fox,AICP
Senior Administrative Analqst
Citq Manager's OH:ice
Citq o£ Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 00275
T: (310) 544..-5226
F:(310)544..-5291
:E.: kit£@mv.com
1
F-7
Kit Fox
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Mr. Fox,
David_Siegenthaler@nps.gov ~
Monday, November 19, 2012 6:15 P
Kit Fox ·
Ara Mihranian; Carolynn Petru; Carolyn Lehr; Carol Lynch <clynch@rwglaw.com>
Re: Extension of Agricultural Lease at Upper Point Vicente in Rancho Palos Verdes
(LADA Nike Site 55, Point Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088)
2006 Lease Agreement for UPV.pdf; Hatano Farm at Upper Point Vicente.pdf
Thank you for contacting me. We do need to talk. Agriculture is not a public park and recreation use and is not allowed
on lands conveyed through the Federal Lands to Parks Program. I believe that early in the history of the land transfer
the city inquired about granting a lease for agricultural use on the park land and was told that it was not consistent with
the purposes of the land transfer. In addition, leases are not allowed in general.
Are you sure this is on the portion of the land that comes under the Federal Lands to Parks program and is not on the
portion purchased by the City?
Please excuse my haste in this response, I have not had a chance to pull out the file yet. I'll be in the office tomorrow.
Thanks,
David Siegenthaler
Pacific West Region
National Park Service
333 Bush Street, Suite 500
San Francisco, CA 94104-2828
V: 415-623-2334
F: 415-623-2387
Federal Lands to Parks
Land and Water Conservation Fund
Urban Park and Recreation Recovery Program National Historic Lighthouse Preservation Program
------------Bringing the NPS Mission Home!
Kit Fox
<KitF@rpv.com>
To
11/16/2012 10:23 David Siegenthaler
AM <David Siegenthaler@nps.gov>
cc
Carolyn Lehr <clehr@rpv.com>,
Carolynn Petru <Carolynn@rpv.com>,
1
F-8
"Carol Lynch <clynch@rwglaw.com>"
<clynch@rwglaw.com>, Joel Rojas
<JoeiR@rpv.com>, Ara Mihranian
<AraM@rpv.com>
Subject
Extension of Agricultural Lease at
Upper Point Vicente in Rancho Palos
Verdes (LADA Nike Site 55, Point
Vicente, Rancho Palos Verdes, GSA
No. 9·D·Calif·1088)
Dear Mr. Siegenthaler:
This e-mail is a follow-up to the voicemail message that I left for you
earlier today. I understand that you will be back in the office on
November 19th.
As I mentioned in my message, the City is considering a request from James Hatano to extend and transfer his
agricultural lease of a 5.5-acre portion of the City's Upper Point Vicente property. A copy of the most-recent lease
agreement and an aerial photograph of the farm site are enclosed.
Mr. Hatano, the descendant of the last Japanese American truck farmers on the Palos Verdes Peninsula, has farmed
this property since before the City of Rancho Palos Verdes incorporated in 1973. At age 85, he wants to retire and pass
the operation of the farm on to his longtime foreman, Martin Martinez.
I have reviewed the Program of Utilization (POU) for the Upper Point Vicente property and found no mention of
agricultural activity whatsoever.
However, we know that Mr. Hatano was farming the property at the time that title was transferred to the City in
1976. Before the City considers extending this lease further and/or assigning it to Mr. Hatano's foreman, we want to
be sure that such action is consistent with the POU. Please let me know how the City can request that the National Park
Service make such a determination.
If you have any questions or need additional information, please feel free to contact me at the phone number or e-mail
listed below.
Sincerely,
Kit Fox, AICP
Senior Administrative Analyst
City Manager's Office
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
2
F-9
T: (310) 544-5226
F: (310) 544-5291
E: kitf@rpv.com
(See attached file: 2006 Lease Agreement for UPV.pdf)(See attached file:
Hatano Farm at Upper Point Vicente. pdf)
3
F-10
Kit Fox
From:
Sent:
To:
Subject:
Dear Mr. Siegenthaler:
KitFox -It'
Tuesday, November 27, 2012 2:39 PM
David_Siegenthaler@nps.gov ·
FW: Extension of Agricultural Lease at Upper Point Vicente in Rancho Palos Verdes
(LADA Nike Site 55, Point Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088)
[
Would is be possible to get a copy of any correspondence or other documentation in the Service's files that relates to]
previous City inquiries about continuing agricultural use at Upper Point Vicente? You mentioned in our telephone
conversation last week and in the e-mail below that you believed that there was some record ofthis.
Thank you very much for your assistance. ·
Sincerely,
Kit Fox, AICP
Senior Administrative Analyst
City Manager's Office ·
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
T: (310) 544-5226
F: (310) 544-5291
E: kitf@rpv.com
-----Original Message-----
From: Kit Fox
Sent: Tuesday, November 20, 2012 8:33AM
To: 'David_Siegenthaler@nps.gov'
Cc: Ara Mihranian; Carolynn Petru; Carolyn Lehr; Carol lynch <clynch@rwglaw.com>
Subject: RE: Extension of Agricultural lease at Upper Point Vicente in Rancho Palos Verdes (lADA Nike Site 55, Point
Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088)
Dear Mr. Siegenthaler:
(
Attached is a copy of Figure 1 from the POU, showing the general location of the existing farm. I believe that this is the,
portion of Upper Point Vicente that falls under the Federal lands to Parks program. J
I'll call you shortly.
Kit Fox, AICP
Senior Administrative Analyst
City Manager's Office
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
1
F-11
Rancho Palos Verdes, CA 90275
T: (310) 544-5226
F: (310) 544-5291
E: kitf@rpv.com
-----Original Message-----
From: David_Siegenthaler@nps.gov [mailto:David_Siegenthaler@nps.gov]
Sent: Monday, November 19, 2012 6:15 PM
To: Kit Fox
Cc: Ara Mihranian; Carolynn Petru; Carolyn Lehr; Carol Lynch <clynch@rwglaw.com>
Subject: Re: Extension of Agricultural Lease at Upper Point Vicente in Rancho Palos Verdes (LADA Nike Site 55, Point
Vicente, Rancho Palos Verdes, GSA No. 9-D-Calif-1088)
Hi Mr. Fox,
Thank you for contacting me. We do need to talk. Agriculture is not a public park and recreation use and is not allowed
on lands conveyed through the Federal Lands to Parks Program. I believe that early in the history of the land transfer
. the city inquired about granting a lease for agricultural use on the park land and was told that it was not consistent with
the purposes of the land transfer. In addition, leases are not allowed in general.
Are you sure this is on the portion of the land that comes under the Federal Lands to Parks program and is not on the
portion purchased by the City?
Please excuse my haste in this r;,esponse, I have not had a chance to pull out the file yet. I'll be in the office tomorrow.
Thanks,
David Siegenthaler
Pacific West Region
National Park Service
333 Bush Street, Suite 500
San Francisco, CA 94104-2828
V: 415-623-2334
F: 415-623-2387
Federal Lands to Parks
Land and Water Conservation Fund
Urban Park and Recreation Recovery Program National Historic Lighthouse Preservation Program
____________ Bringing the NPS Mission Home!
Kit Fox
<KitF@rpv.com>
To
11/16/2012 10:23 David Siegenthaler
AM <David_Siegenthaler@nps.gov>
cc
Carolyn Lehr <clehr@rpv.com>,
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F-12
Carolynn Petru <Carolynn@rpv.com>,
"Carol Lynch <clynch@rwglaw.com>"
<clynch@rwglaw.com>, Joel Rojas
<JoeiR@rpv.com>, Ara Mihranian
<AraM @rpv.com>
Subject
Extension of Agricultural Lease at
Upper Point Vicente in Rancho Palos
Verdes (LADA Nike Site 55, Point
Vicente, Rancho Palos Verdes, GSA
No. 9-D-Calif-1088)
Dear Mr. Siegenthaler:
This e-mail is a follow-up to the voicemail message that I left for you
earlier today. I understand that you will be back in the office on
November 19th.
As I mentioned in my message, the City is considering a request from James Hatano to extend and transfer his
agricultural lease of a 5.5-acre portion of the City's Upper Point Vicente property. A copy of the most-recent lease
agreement and an aerial photograph of the farm site are enclosed.
Mr. Hatano, the descendant of the last Japanese American truck farmers on the Palos Verdes Peninsula, has farmed
this property since before the City of Rancho Palos Verdes incorporated in 1973. At age 85, he wants to retire and pass
the operation· of the farm on to his longtime foreman, Martin Martinez.
I have reviewed the Program of Utilization (POU) for the Upper Point Vicente property and found no mention of
agricultural activity whatsoever.
However, we know that Mr. Hatano was farming the property at the time that title was transferred to the City in
1976. Before the City considers extending this lease further and/or assigning it to Mr. Hatano's foreman, we want to
be sure that such action is consistent with the POU. Please let me know how the City can request that the National Park
Service make such a determination.
If you have any questions or need additional information, please feel free to contact me at the phone number or e-mail
listed below.
Sincerely,
Kit Fox, AICP
Senior Administrative Analyst
City Manager's Office
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
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Rancho Palos Verdes, CA 90275
T: (310} 544-5226
F: (310} 544-5291
E: kitf@rpv.com
(See attached file: 2006 Lease Agreement for UPV.pdf}(See attached file:
Hatano Farm at Upper Point Vicente.pdf}
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Kit Fox
From:
Sent:
To:
KitFox ~
Monday, March 11, 2013 4:21 P
David_Siegenthaler@nps.gov ·
Subject: Agricultural Use at Upper Point Vicente, Rancho Palos Verdes
Dear Mr. Siegenthaler:
As a follow-up to my voicemail, I wanted to send you a brief e-mail as well. As you may recall, roughly 5 acres of our
City Hall property has been used for agricultural purposes since before the City acquired the site in the mid-1970s. The
current lessee wishes to reassign and extend his lease, and this is supported by our City Council. My questions for you
are:
1. Do you see a means by which such a use could be modified so as to be consistent with the POU, thereby
avoiding the conversion process? For example, do you think that the provision of additional public access,
education programs, site amenities, modifications to the size/area/activities, etc. could be found sufficient by
the Park Service to allow the City to reassign and extend the lease?
2. In the event that the answer to the first question is "no," what is the process for initiating the conversion? The
City has identified 2 large plots of vacant land {8 acres and 48 acres) for possible acquisition to replace the 5
acres at Upper Point Vicente to be converted.
As I mentioned in my voicemail, I will be updating the City Council on this matter next week, and would appreciate a
response as soon as possible. Thank you very much for your assistance.
Sincerely,
Kit Fox, AICP
Senior Administrative Analyst
City Manager's OHice
City o£ Rancho P a.los Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
T:(310)544,...5226
F:(310)544,...5291
E: kitf®r:pv.com
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Kit Fox
From:
Sent:
To:
Siegenthaler, David <david_siegent=ifal r ps.gov>
Thursday, March 14, 2013 3:30 PM
Kit Fox ·
Subject: Re: Agricultural Use at Upper Point Vicente, Rancho Palos Verdes
Hi Kit,
As we discussed by phone, the agricultural use of the Federal Lands to Parks conveyed parkland does not fit the
requirement that the land be used only for public park purposes. Therefore if the City decides it is more
important to continue the agricultural use than to use the land for public park purposes, it may propose a land
e·xchange. Another option may be for the City to purchase the portion of the park to be used for agriculture ~ in
which case the NPS would need to agree to a partial reversion of the property to federal ownership so Rancho
Palos Verdes could negotiate with GSA for its purchase. The price would be at least the appraised market value.
Following are the ...
Federal Lands to Parks
Land Exchange Requirements
A change in property use can, when fully justified, be accomplished by substituting alternative new park and recreation
lands of equal or greater market value and recreation value for the land to be released from restrictive use conditions of
the deed. It requires the prior approval of the NPS Regional Director and the GSA. The procedure of exchanging land
requires·the following measures to fully protect the public interest:
Documentation needed:
A. Properly authenticated documents from the Grantee evidencing desire to substitute land of equivalent fair market and
recreational value.
B. Appraisal reports for both parcels. Replacement property must be of at least equal fair market value and of reasonably
equivalent usefulness and location.
+Replacement property: 1) cannot have been previously used as a public park; 2) if already owned by the
Grantee, it must not have been purchased for the purpose of making it a public park;
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+the appraisals must be reviewed and accepted by GSA (or the military, if it is a BRAC disposal property) and
NPS.
+appraisals must conform to the Uniform Appraisal Standards for Federal Land Acquisitions;
C. Justification including assessment of public recreational utility of the land proposed for exchange and its
replacement. This analysis should include an assessment of public need and demographics, similar to that provided in the
original public benefit application. It should also reference City, State or other local comprehensive outdoor recreation
plans in its statement of need. Justification must be provided regarding how the proposed new park( s) will meet an
identified need for public park and recreation opportunities.
D. Phase I Environmental Site Assessment of substitute property indicating it is environmentally safe and not latently
contaminated (additional assessment needed if warranted by Phase 1).
E. National Environmental Policy Act Assessment of environmental effects of proposed release of park and recreation use
covenants on former surplus property (potential impacts from displacement of recreational opportunities, impacts to
remaining parkland, etc. but not including assessment of potential impacts of future uses of the released site), and
assessment of potential impacts of new park development at the replacement property. A public process and
environmental impact analysis must be conducted by the Grantee -at least equivalent to an Environmental Assessment
under the National Environmental Policy Act, and an Environmental Impact Statement if indicated by the EA. This
compliance should include consultation under the requirements of the National Historic Preservation Act (§ 1 06), analysis
pursuant to the Environmental Justice executive order and Civil Rights Act, and any other federal laws that apply. If
replacement property is contiguous with existing park and the conversion portion is small enough, the action may qualify
under a categorical exclusion.
F. A copy of the State, city, or county recreation map or plan showing the present park land in relationship to the proposed
substitute land.
G. A copy of the legal description for the proposed replacement property and of the proposed property to be converted if it
is to be only a portion of the original grant.
H. The Program of Utilization and a development schedule for each property proposed for substitution.
I. An official acknowledgement of the requirement to apply, in perpetuity, to the new property, all restrictions contained
in the deed of conveyance of the surplus property.
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J. Title history report for the replacement property.
The Deed of Release for the land to be converted to other uses, and the Declaration of Restrictions to impose Federal
Lands to Parks covenants and restrictions on the replacement property will be drafted by the National Park Service.
Please let me know if you have further questions.
Sincerely,
David Siegenthaler
Pacific West Region
National Park Service
333 Bush Street, Suite 500
San Francisco, CA 94104-2828
V: 415-623-2334
F: 415-623-2387
Federal Lands to Parks
Land and Water Conservation Fund
Urban Park and Recreation Recovery Program
National Historic Lighthouse Preservation Program
Bringing the NPS Mission Home!
On Mon, Mar 11,2013 at 4:21PM, Kit Fox <KitF@rpv.com> wrote:
Dear Mr. Siegenthaler:
As a follow-up to my voicemail, I wanted to send you a brief e-mail as well. As you may recall, roughly 5
acres of our City Hall property has been used for agricultural purposes since before the City acquired the site in
the mid-1970s. The current lessee wishes to reassign and extend his lease, and this is supported by our City
CounciL My questions for you are:
1. Do you see a means by which such a use could be modified so as to be consistent with the POU, thereby
avoiding the conversion process? For example, do you think that the provision of additional public access,
education programs, site amenities, modifications to the size/area/activities, etc. could be found sufficient by
the Park Service to allow the City to reassign and extend the lease?
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2. In the event that the answer to the first question is "no," what is the process for initiating the
conversion? The City has identified 2large plots of vacant land (8 acres and 48 acres) for possible acquisition
to replace the 5 acres at Upper Point Vicente to be converted.
As I mentioned in my voicemail, I will be updating the City Council on this matter next week, and would
appreciate a response as soon as possible. Thank you very much for your assistance.
Sincerely,
Kit Fox, AICP
Senior Administrative Analyst
City Manager's OHice
City of Rancho P a.los Verdes
30940 Hawthorne Blvd.
Rancho P a.los Verdes, CA 90275
T: (310) 544-5226
F:(310)544-5291
E: kitf@rpv.com
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