Loading...
CC SR 20220118 01 - Motion to Reconsider Hatano Farm CITY COUNCIL MEETING DATE: 01/18/2022 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to reconsider the November 16, 2021 City Council decision to terminate the lease with Mr. Martin Martinez for the agricultural use of Hatano Farm Area at Upper Point Vicente. RECOMMENDED COUNCIL ACTION: (1) Consider whether the City Council’s November 16, 2021 adopted motion to terminate the lease agreement with Mr. Martin Martinez for the agricultural use of the former Hatano Farm Area at Upper Point Vicente should be reconsidered; and, (2) If the City Council passes a motion to reconsider, direct staff to come back at the February 15, 2022 meeting with information and options, including the options identified in the November 16, 2021 City Council Agenda Report, for the City Council’s consideration. 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. November 16, 2021, Staff Report B. City Council Rules of Procedures C. Written Request: Hatano Farm - Motion to Reconsider (page C-1) D. Thirty-Day Notice of Termination of Lease (page D-1) E. Public Comments (page E-1) ____________________________________________________________________ BACKGROUND: On November 16, 2021 (Attachment A), Staff provided the City Council with a report on, among other things, options to pursue to repurpose the Hatano Farm lease area at Upper Point Vicente. The following proposed uses were presented at that meeting: (1) 1 community garden, (2) native plant and seed nursery, (3) garden-to-kitchen farm, and (4) restore the site to its native habitat. The Council was also asked to consider the possible future termination of the lease agreement with Mr. Martinez for the use of approximately 5½ acres at Upper Point Vicente, also known as the Hatano Farm Area. After considering the information presented at the November 16, 2021 meeting, on a 4-1 vote, the City Council directed Staff to terminate the lease agreement with Mr. Martinez, with the area being vacated no later than nine months from the date of the Council’s decision. On November 24, 2021, the City Attorney’s office gave written notice of lease termination to the Mr. Martinez (who at this point is now a month-to-month tenant) with the effective date of August 16, 2022 (Attachment D). At the November 16, 2021 meeting, the City Council also directed Staff to work with the Palos Verdes Peninsula Land Conservancy to study potential locations within the City for a future seed nursery, including the Hatano Farm lease area, and to return to the City Council with its findings. At the December 7, 2021 City Council meeting, a question was raised regarding the process of initiating a "motion to reconsider" the decision to terminate the Hatano Farm lease agreement at Upper Point Vincente. The City Attorney explained that pursuant to the City Council Rules of Procedures, Section 14.6 (Attachment B), a Council member who voted with the majority may reconsider any action at the same meeting or within 60 calendar days from the date the Council decision was made, which was November 16, 2021. On January 6, 2022, Mayor Pro Tem Ferraro made such a written request directly to the City Manager and the City Clerk (Attachment C). As a result, it was agendized for consideration at this evening’s City Council meeting. DISCUSSION: A “motion to reconsider” a past decision involves a two -step process once requested to be placed on the agenda. First, a Council member must make a motion to reconsider the action. This motion requires three votes (or at least a majority of a quorum) to pass. If the motion fails, that would be the end of the discussion, and no further action would be required to be taken. However, if the motion to reconsider passes, then the original item may be reconsidered. At this time, pursuant to Mayor Pro Tem Ferraro’s request, the City Council is being asked this evening to consider whether they want to reconsider the November 16, 2021 action to terminate the Hatano Farm lease. Since November 16, concerns have been expressed by the public regarding the possible loss of the last remaining history of Japanese farming on the Palos Verdes Peninsula. If the majority of the Council quorum agrees to reconsider, it is Staff’s recommendation to bring the item back at the February 15, 2022 meeting, to allow additional time to 2 compile information and further analysis of the use of Hatano Farm Area for the City Council’s consideration. ADDITIONAL INFORMATION: Public Correspondence Public Correspondence received after the November 16, 2021 City Council meeting is attached (Attachment E). ALTERNATIVES: In addition to the Staff recommendations, the following alternative action is available for the City Council's consideration: 1.Take no action at this time and proceed with terminating the Hatano Farm lease based on the November 16, 2021 City Council decision. 3 From:Barbara Ferraro To:Ara Mihranian; Teresa Takaoka Cc:William Wynder Subject:Hatano Farm Date:Wednesday, January 5, 2022 4:13:00 PM Ara and Teri, Please put the item relating to the lease of the Hatano Farm on the next agenda for reconsideration. I believe this request is being made within the prescribed time period. Thank you. Barbara Ferraro Mayor Pro Tem C-1 William W. Wynder wwynder@awattorneys.com (310) 527-6667 2361 Rosecrans Ave., Suite 475 El Segundo, CA 90245 P (310) 527-6660 F (310) 532-7395 01203.0001/753389.2 November 24, 2021 SENT VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED & VIA FIRST CLASS MAIL Mr. James Hatano c/o Mr. Martin Martinez, Foreman 1079 West 25th Street, Apt. D San Pedro, CA 90731 Subject: Thirty-Day Notice of Termination of Lease Messers. Hatano & Martinez: We are the City Attorney for the City of Rancho Palos Verdes. Based on the recent public action of the City Council we write to give you thirty (30) days’ advance written notice of the City’s intent to terminate that certain “LEASE AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND JAMES HATANO AUTHORIZING THE LEASE OF CITY PROPERTY AT POINT VICENTE PARK/CIVIC CENTER FOR AGRICULTURAL PURPOSES” (the “Lease”), dated May 16, 2006, and extended as a month-to-month tenancy by letter dated July 2, 2014. Notwithstanding the foregoing, we are authorized to advise you that the City Council has agreed that the effective date of the termination of the Lease is, by this letter, extended to August 16, 2022. By that deadline, you are requested to remove all trade fixtures, farming equipment, other personal property, and formally surrender possession of the leased premises so that, on the effective date, the City can re-take possession of the same and take such actions as may be warranted to secure the leased premises. Thank you for your anticipated courtesy and cooperation. Should you have questions about the foregoing notice, please contact the Deputy City Manager, Ms. Karina Bañales, at kbanales@rvpca.gov. Please coordinate the formal surrender of the premises with Ms. Bañales as well. Very truly yours, William W. Wynder of ALESHIRE & WYNDER, LLP D-1 November 24, 2021 Page 2 01203.0001/753389.2 Copies: Mr. Ara Mihranian, AICP City Manager Ms. Karina Bañales, Deputy City Manager Mr. Ken Rukavina, Community Development Director Mr. Ramzi Awwad, Public Works Director Elena Gerli, Esq., Assistant City Attorney D-2 1 Karina Banales From:Joan Davidson <j135cooper@yahoo.com> Sent:Sunday, January 9, 2022 10:55 AM To:Ara Mihranian; CC Subject:Re: the Hatano Farm -- let's keep the farm and the Peninsula Heritage - some ideas CAUTION: This email originated from outside of the City of Rancho Palos Verdes.     Dear Ara and RPV Council Members, I have read with great interest the issue of keeping the Hatano farm. What time would be better than this to celebrate the diversity of our community and its' legacy than keeping the farm? So many ways to meet the Federal requirements come to mind. Let's celebrate our past, since the Peninsula was purchased as a whole by Frank Vanderlip with the intent of one community. I think that you'll find huge community support and I'm all for it! Please count me in. Thank you Joan Davidson Some ideas for public use and compliance: Allowing the school children to visit the farm on scheduled tours; allowing public scheduled tours with organized groups; creating a local history discussion/project for school children w/local librarians (could be virtual); putting up a plaque honoring those Japanese farmers/residents who lived in our community. Did you know there was a Japanese school on the Peninsula long ago? Nihongo Gakuen was a Japanese language school in Palos Verdes. Seen on the PV Library website- the Library also features the 40 Families Project. E-1 2 E-2 3 The 40 Families Project: https://palosverdeshistory.org/islandora/object/pvld%3A7670 Today's Daily Breeze: https://www.dailybreeze.com/2022/01/08/historic-japanese-american-farm-in-rancho-palos-verdes- could-get- reprieve/?utm_email=F45A83D1F3C3A3F5C413846F18&g2i_eui=2xxmHAxLOB4vaKjAeqgtmSFg% 2bXTok4zP&g2i_source=newsletter&lctg=F45A83D1F3C3A3F5C413846F18&active=yesP&utm_sour ce=listrak&utm_medium=email&utm_term=https%3a%2f%2fwww.dailybreeze.com%2f2022%2f01%2f 08%2fhistoric-japanese-american-farm-in-rancho-palos-verdes-could-get- reprieve%2f&utm_campaign=scng-db-localist&utm_content=curated E-3 From:Ara Mihranian To:Karina Banales Subject:FW: Hatano Family Farm Date:Monday, January 10, 2022 1:57:35 PM Attachments:NYT 10-2021.pdf image002.png image003.png image004.png FYI Ara Michael Mihranian City Manager ___________________________________ 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) aram@rpvca.gov www.rpvca.gov P Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Jon Kaji <jonkaji@gmail.com> Sent: Monday, January 10, 2022 10:00 AM To: Ara Mihranian <AraM@rpvca.gov> Cc: John Cruikshank <John.Cruikshank@rpvca.gov>; Dwight Hatano <dhatano1@gmail.com> E-4 Subject: Hatano Family Farm CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Dear City Manager: I am forwarding an email string of correspondence between myself, Councilman Cruickshank and Ms. Brenda Ling, Acting Superintendent of the Manzanar National Historic Site, managed by the National Parks Service. I am a property owner in Rancho Palos Verdes. My family has been in the South Bay for more than 100 years. My maternal grandfather, Dr. Kikuwo Tashiro, was a medical doctor based in Gardena, whose patients included the Japanese farming families on the Peninsula. My father, Bruce Kaji, was the founder of the Japanese American National Museum (JANM) based in Los Angeles. During World War II, my father and his family were forcibly relocated to Manzanar Relocation Center. I helped to organize JANM in the 1970's and served on the JANM Board of Governors. Most recently, I led the effort to have the University of Southern California issue an apology and posthumous honorary degrees to former Nisei students denied their academic transcripts due to institutional racism (see attachment). I believe there is a pathway for the City of Rancho Palos Verdes to satisfy the condition of the Federal land transfer by designating the Hatano Farm as a National Historic site. The email with Ms. Ling provides resources for starting the process. Staying the eviction action against Mr. Martin Martinez during the small study and designation process will enable the residents and stakeholders time to fully-participate. Mr. Martinez will be able to continue to farm the site uninterrupted. The end result will create a significant cultural and historic asset to the City of Rancho Palos Verdes, honoring the agricultural contributions of the Japanese farmers and adding to the range of attractions on the Peninsula. The Hatano farm will represent one of the few National Historic sites in the South Bay area. Lastly, I have been in contact with the Hatano family who would support this effort. Please feel free to contact me if you have any questions. Jonathan Kaji E-5 Kaji & Associates 18527 S Western Avenue #15 Gardena, CA 90248 Cell (310)429-7170 DRE #00879502 ---------- Forwarded message --------- From: Jon Kaji <jonkaji@gmail.com> Date: Wed, Dec 8, 2021, 2:45 PM Subject: Fwd: Resources_Designating sites To: John Cruikshank <john.cruikshank@rpvca.gov> Dear John: I received a response from the NPS staffer from the Manzanar National Historic Site. One approach is to have the Hatano Farm designated as a Federal National Historic site. A designation would require the support of the City of Rancho Palos Verdes. A "small study" requires the support of Congressman Ted Lieu requesting the National Parks Service to determine the suitability and qualifications for the Hatano Farm. I am of the opinion that the site meets the basic criteria for Historic Site designation, as the last Japanese farm on the Palos Verdes Peninsula, the history of Japanese farmers in Los Angeles County, California and the Western United States from the late 1800's to 1942, and helping to create the California agricultural industry which is the largest producer in the United States. While it's early, I have reached out to the Hatano family and they, in turn, will be contacting the other Japanese families. Please let me know when the item will come up on the City Council's agenda. In advance of the meeting, we can discuss the Federal designation with yourself and City staff, along with the families. I think it would be a tremendous value-add to the City of Rancho Palos Verdes. Best regards, Jonathan Kaji President Kaji & Associates 18527 South Western Avenue, #15 Gardena, CA 90248 cell: (310)429-7170 tel: (310)327-7790 ext 222 DRE #00879502 E-6 ---------- Forwarded message --------- From: Ling, Brenda N <brenda_ling@nps.gov> Date: Wed, Dec 8, 2021 at 11:10 AM Subject: Resources_Designating sites To: jonkaji@gmail.com <jonkaji@gmail.com> Hi Jonathan, Here are some links and info re: designating a cultural and historic site. https://www.nps.gov/orgs/1582/index.htm Contact: Elaine Jackson-Retondo, Preservation Partnership Program Manager & Regional Historian, Pacific West Regional Office, National Park Service elaine_jackson-retondo@nps.gov; (work) 415-623-2368; (cell) 510-410-2315 https://savingplaces.org/stories/preservation-tips-tools-designate-historic-place- community#.YbDZGr3MKUk The NPS can do a small study (special resource study) about the site's feasibility and if a larger study is needed. That request has to come from a member of Congress. If you have additional questions, please do not hesitate to give me a call. Brenda Brenda Ling (she, her) Acting Superintendent Manzanar National Historic Site National Park Service. U.S. Dept. of the Interior (cell) 347-216-0395 5001 Hwy 395, PO Box 426 Independence, CA 93626 www.nps.gov/manz Follow us on Instagram: https://www.instagram.com/manzanarnps/ Like us on Facebook: https://www.facebook.com/ManzanarNationalHistoricSite E-7 1 Karina Banales From:karl bingemann <krbingemann@yahoo.com> Sent:Sunday, November 28, 2021 6:06 PM To:mhixon@scng.com; CC Subject:Hatano Farm closure CAUTION: This email originated from outside of the City of Rancho Palos Verdes.     Dear Michael, I have been a family friend of the Hatano family since I was 10 years old... 54 years ago. There is much more to this story that needs to be told. James Hatano had the first piece of "the ranch" taken about 40 years ago when the South portion of their main property was given to the Salvation Army.... approximately 4 acres. It is still sitting fallow adjacent to the S.V.'s driveway off P.V.Dr. South. The next piece of property that was "reclaimed" by the city was an approximately 31/2 acre plot due East of the P.V. Interpretive Center/Whale watching point near the Pt. Vincente light house. It was part of the old U.S. Army rifle range that was cleaned of lead contamination and dived into the Interpretive Center and Hatano farmland. This property was reclaimed 20-25 years ago to build a veterinary/dog rescue center... that never happened and that land also sits unused today. Although the Hatano name is not on the lease with the city, that does not mean the Hatano family has nothing to do with the farm. James' eldest son, Doug, lives in Santa Maria and visits the farm monthly. He visits Martin, helps with chores and maintenance, has multiple bee hives and has grandchildren nearby. He also sits on the board at the L.A. Flowermart. To say the Hatano family has no connection to the current farming is simply wrong. It made sense for convenience sake to have Martin Martinez's name on the lease with the city due to his daily presence there. As far as "passive recreational use" is concerned, that has been going on for at least 5 years now. There are marked hiking, mountainbiking and horse trails through the property that are used daily by those that so desire. I don't see how any of this will change for the better by taking away the last vestige of Japanese farming legacy with a seed and native plant nursery. Why don't they use one of the other two slices of land the city has already taken way and done nothing with? I, like all five of the Hatano children, have 50-60 years of memories of what the old days on the peninsula were like. Martin has worked hard on that land for almost 40 years, has a daughter studying pediatric medicine at U.C. Irvine, a son at San Pedro H.S. and Daisy, whom you talked to. He was given no opportunity to address the counsel prior to their vote a few days after he was notified. He's the nicest farmer you'd ever meet that is living the American dream... immigration, citizenship, educated children and now looking at unemployment for what?... another piece of reclaimed and unused property at the expense of Palos Verdes history. Kudos to councilman David Bradley as the only vote against termination of a legacy. Sincerely, Karl R. Bingemann DDS p.s. I spoke to Doug Hatano prior to writing this, both he and I are willing to talk more about this if you are interested. He gave me permission to release his phone number. My cell number is 310-227-7900 E-8 From:Ara Mihranian To:llatimer@l2companies.com Cc:Karina Banales Subject:RE: Hatano Farm - NHS Designation Date:Tuesday, January 11, 2022 10:01:28 AM Attachments:image002.png image003.png image004.png Good morning Mr. Latimer, Thank you for taking the time to write me regarding the Hatano Farm site and possibly designating it as a National Historic Site with the National Park Service. The City Council will consider whether to reconsider their November 16th decision at next week’s January 18 meeting, and I will make sure your email is attached to the staff report that will be published this evening. In the meantime, I will be reaching out to the City’s contact with the National Park Services to see if this option is viable. Let me know if you have any further comments or questions. Ara Ara Michael Mihranian City Manager ___________________________________ 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) aram@rpvca.gov www.rpvca.gov P Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. E-9 From: llatimer@l2companies.com <llatimer@l2companies.com> Sent: Tuesday, January 11, 2022 9:52 AM To: Ara Mihranian <AraM@rpvca.gov> Subject: Hatano Farm - NHS Designation CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Ara – I am a life time Palos Verdes resident that has been closely following the developments of the last vestiges of the Japanese American farming communities that used to reside so prominently here in Palos Verdes and the greater Los Angeles - South Bay area. The Hatano’s, The Ishibashi’s, etc. were institutions on this Hill and their related farms and fruit / vegetable / flower stands that were so prevalent and supported by our community hark to a bygone era that spoke to the simplicity, the sustainability and the social fabric that this peninsula shared. It is sad to see its last remnants completely evaporate from existence. I have been following the story and understand that there is considerable support for a movement that wishes to put the last Hatano farm under the designation and protection of a National Historical Site. I just wanted to let you know that my wife, my extended family (5 sisters) and I all support this effort. Please do not hesitate call if there is anything I can do to help in these pursuits. Sincerely, Lewis Latimer 2208 Rocky Point Place Palos Verdes Estates CA 90274 llatimer@L2companies.com Cell Phone: 310-293-0927 Hm Phone: 310-377-2343 E-10