National Latino Congreso

National Latino Congreso 2012
May 17-19, 2012

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LATINO CONGRESO APPROVED RESOLUTIONS » Resolution

Resolution 3.11 - Resolution to Restore the South Central Farm to the South Central Farmers and Community

This Resolution was Approved By the National Latino Congreso on Day 2, Saturday, July 19, 2008

Result: Originally Passed by the 2006 National Latino Congreso; Amended in 2008

Author: Mr. Tezozomoc

Organization: San Fernando Valley/Northeast Los Angeles Chapter N.O.W.

Phone: 888-SCFARM1     Email Address: Southcentralfarmersactionfund@yahoo.com

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WHERAS, the South Central Farmers, an organization of approximately 350 Meso-American families who farmed a 14-acre piece of land located at 41st and Alameda Ave. in Los Angeles were threatened with seizure and removal from their land by the City of Los Angeles and a "strip-mall" private developer;

AND WHEREAS, all these families and the local community depended heavily on their approximately 900 square foot plot of this land to grow food to feed themselves; many of the farmers who had plots at this urban farm had been working continuously there for more than 14 years; and the 14-acre farm in the middle of South Central Los Angeles had been of the largest of its type in the nation and was well known for being a productive and beneficial use of open green space in a densely populated urban metropolis;

AND WHEREAS, unbeknownst to the members of the South Central Farmers, in 2003 the City of Los Angeles, which held title to the urban farm property, entered into secret negotiations to sell the property to a "strip-mall" private developer. The City Attorney, Rocky Delgadillo, was simultaneously advocating for development of the urban farm and litigating against the real estate developer. While Judge W. Crispo had ruled 3 times against Ralph Horowitz, real estate developer, the city attorney recommended that the land be sold back to Horowitz. It was later discovered that the Horowitz interest made several thousand dollar contribution to Mr. Delgadillo's campaign. In October 2003, the farmers learned for the first time that the City, ignoring completely their wishes and their ability to raise public awareness and gather support for continued use of the property as an urban farm, was about to transfer title to a private party. The farmers mobilized immediately to prevent the sale, but the City kept them in the dark and allowed the sale to go through. In selling the property, the City wasted taxpayer money because the farmers, if they been given proper notice, would have been able to find a benefactor interested in seeing that the land remain as an urban farm;

AND WHEREAS, the City claims that it had to sell the property because the former owner had sued it, ignoring the fact that the business had no legal standing to sue because it had never incorporated or filed a fictitious business name in the State of California and that the basis for the former owner's lawsuit was weak and speculative;

AND WHEREAS, The Los Angeles City Charter allows the City to sell real property it determines that it no longer needs. Before selling property it no longer needs, the City must comply with various procedures designed to ensure that the City does not squander resources by selling property it needs. The intent of the Charter is that the City sell only property it no longer needs. The City's sale of the garden property to the Horowitz interests did not comply with the procedures required for sale of property no longer needed by the City;

AND WHEREAS, the South Central Farmers were raising crops not normally available in Los Angeles, including plants, herbs used in traditional medicine, trees and vegetables indigenous to Meso-America;

AND WHEREAS, the South Central Farmers were asked to raise 16.3 Million dollars through a coalition of community, foundations, and politicians. Horowitz sought $16.3 million for the property, the current value being more then three times the 1986 eminent domain valuation. This figure is $8.3 million more than Horowitz paid when he purchased it from the L.A. Harbor Department in 2003. In a deal brokered in cooperation by The Trust for Public Land, the South Central Farmers have themselves had successfully raised a little over six million dollars. Fundraising efforts continued as farmers and celebrities had begun both a tree sitting campaign and encampment of the land, while under the threat of forced eviction by the Los Angeles County Sheriff Department;

AND WHEREAS, On June 7, 2006, the Annenberg Foundation announced that they would donate the money to buy the farm. Horowitz, however, did not respond to the offer on threat from Councilperson Perry. Perry's threat jeopardized Mr. Horowitz's future business in the 9th district;

AND WHEREAS, on June 13th, 2006, 280 Sheriffs' and LAPD's officers in full riot gear evicted farmers, supporters, and celebrity supporters, culminating in over 44 arrests in support of protecting the South Central Farm. Additionally, on July 5th, 2006, an additional 10 youths were arrested attempting to protect the South Central Farm when it was being razed on orders from Councilperson Perry;

AND WHEREAS, during the pendency of legal proceedings, community organizing, and the eventual destruction of the “South Central Farm” at 41st and Alameda in Los Angeles, some 200 of the original 250 families with land at the farm re-located to a new “South Central Farm” known as the “Rancho Grande” at 111th Place and Stanford;

AND WHEREAS, the newly released documentary film “The Garden” has placed on the agenda of public debate the internal processes by which the majority of the families who farmed plots at the original location were displaced from their land and expelled through internal processes by leaders who had been appointed to their positions by the Los Angeles Los Angeles Food Bank;

AND WHEREAS, the fact that the Libaw-Horowitz Investment Company had never lawfully qualified to do business in California through filing of a fictitious business name and/or the filing of corporate, LLC, LP, or any other business filings with the County of Los Angeles and/or the Secretary of State was never challenged by either the City of Los Angeles and/or attorneys for the South Central Farm in spite of the fact that both sets of attorneys knew or should have known that this entity was barred by law from having litigated against the City of Los Angeles;

AND WHEREAS, families from throughout Los Angeles are now well established at Rancho Grande successfully raising crops of organic food and prospering in their endeavor;

1. THERFORE BE IT RESOLVED THAT the National Latino Congreso, and its attendees, call upon the City of Los Angeles, City Attorney, Councilperson Perry, Mr. Horowitz to 1) drop all charges against the non-violent civil resisters; 2) for Councilperson Perry to cease her political black mail of Mr. Horowitz, and 3) that all parties should come to the table and negotiate "in good faith" to restore the South Central Farm to the South Central Farmers and the community.

2. THERFORE BE IT RESOLVED THAT the National Latino Congreso calls for an investigation by the California Dept of Justice and the Federal Bureau of Investigation into the machinations that led to the Libaw – Horowitz Investment Company being allowed to litigate against the City of Los Angeles without a challenge to its basic standing to sue;

3. THERFORE BE IT RESOLVED THAT the National Latino Congreso calls for establishment by non-involved NLC convening organizations of a commission to investigate any and all issues raised in public by “The Garden” concerning internal procedures at the South Central Farm at 41st & Alameda as well as any other necessary and proper issues presented by any of the existing parties to the presently pending litigation in the Second Appellate District, including but not limited to potential conflicts of interest by counsel, the legitimacy of elections for farm leadership, the legitimacy of elections for the promulgation of farm rules and regulations including expulsion procedures, the collection from the farming families and distribution of money for payment of legal fees and expenses, and the propriety of legal representation following the filing of criminal charges by one set of litigants against another of the litigants;

4. THERFORE BE IT RESOLVED THAT the National Latino Congreso commends the families currently farming at the Rancho Grande and calls upon the City of Los Angeles and other municipalities and counties throughout California to maximize free space available to the public for farming and community gardening.