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none, Agreement - PVPUSD La Cresta, Staff Reports• Ci4f 0/ leollins.ue� • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 7-A Mtg. Date: 11/26/01 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A THIRD AMENDED AGREEMENT BY AND BETWEEN THE CITY OF ROLLING HILLS AND THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT. DATE: NOVEMBER 26, 2001 BACKGROUND At the City Council meeting held Tuesday, November 13, 2001, City Councilmembers. considered the attached staff report and agreement regarding planned introduction of adult education programs and the Rancho del Mar facility located at 38 Crest Road West by the Palos Verdes Peninsula Unified School District. At that meeting, consideration of the agreement between the City and the School District regarding the adult education and the continuation high school was continued to this evening's meeting. Staff was directed at the November 13, 2001 meeting to further discuss reducing of the number of adult students that can be permitted on the campus after 4:30 p.m., and adding a clause to the agreement that would establish a requirement to meet and discuss any issues that may arise out of this new use on the property. Staff has discussed these subjects with the School District. District Officials have agreed to introduce a clause in the agreement that will establish that the City and District will meet and discuss any potential issues that may arise out of this new use. Attached to this staff report is a revised agreement containing this language. This clause appears at the end of Paragraph 3. However, as of the writing of this staff report, staff has not heard back from the District regarding the number of adult students on the campus after 4:30 p.m. Further details will be provided at this evening's meeting. RECOMMENDATION It is recommended that members of the City Council consider this agreement and provide appropriate direction to staff. CRN:mlk 11/26/01 pvpusdagnrt.sta @Printed on Recycled Paper. Nov 21 01 12:35p Jenkins & Hogin, LLP (310) 939-1726 • • p.1 THIRD AMENDED AGREEMENT THIS THIRD AMENDED AGREEMENT ("Third Amended Agreement") is entered into this_ day of November, 2001 by and between the CITY OF ROLLING HILLS, a municipal corporation ("City") and the PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT, a school district organized under the California Education Code ("District"). RECITALS A. On November 25, 1985, City and District entered into an agreement ("the Agreement") settling and resolving a dispute over the use of the La Cresta Elementary School ("La Cresta" or "the Site") as a continuation high school generally known as the Rancho del Mar Continuation High School. The purpose of the Agreement was to avoid both litigation between the parties and to avoid the District's exercise of its override powers under California Government Code Section 53094. Among other things, the Agreement set forth certain conditions under which Rancho del Mar was to operate so as to assure that it would be a good neighbor to the nearby residences. B. The Agreement was amended twice thereafter, on November 16, 1987 (First Amended Agreement) and on May 8, 1990 (Second Amended Agreement). C. District has operated Rancho del Mar Continuation High School at La Cresta without incident since 1985, and now seeks to utilize the facility for certain adult education classes. D. The parties desire to bring the Agreement (as it has been amended) current, to establish certain conditions governing District's use of the Site for adult education classes, and to continue to provide for cooperation between the parties in the event District at some future time seeks to change its use of the Site_ E. It is the purpose of this Third Amended Agreement to accomplish the aforementioned objectives of the parties and to supersede the Second Amended Agreement dated May 8, 1990. NOW, THEREFORE, the parties agree as follows: 1. District agrees to operate the Rancho del Mar Continuation High School at the Site, and use classrooms in the facility for District sponsored adult education classes, subject to the operating conditions set forth herein for as long as this Third Amended Agreement remains in effect. 1 Nov 21 01 12:35p Jenkins &t Hogin, LLP (310) 939-1726 p.2 • • 2. District is engaged in a long-range planning process regarding utilization of District -wide facilities in light of its expanding student population. As its plans develop, District agrees to meet with City to discuss its plans for the Site. Should District decide to relocate Rancho del Mar from the Site and replace it with another District use, District shall negotiate in good faith with City in an attempt to resolve any conflicts among the objectives of the parties to this Third Amended Agreement. 3. District shall comply with the following conditions in respect of its classroom operations at the Site: (a) If City determines after observation of school operations and discussions with District officials that it would prefer the gate at the foot of the stairway leading to the residential area to be chain locked with the key to be administered by City, City may give notice of its determination to District. Within 60 days after receiving such notice from City, District shall completely enclose the stairway by installing fencing 5 feet in height along both sides of the entire length of stairway, chain lock the gate at the bottom of the stairway, and furnish the key to the lock to the City to be maintained in City Hall and administered by City; (b) District shall maintain the existing landscaping along the south side of Crest Road along the northern boundary line of District's property. Said maintenance shall include irrigation, pruning, replacement of dead or diseased landscaping and any other measures reasonably necessary to maintain the landscaping in a flourishing and attractive condition; (c) Rancho del Mar Continuation High School shall operate only between the hours of 7:30 A.M. and 4:00 P.M.; no evening Rancho del Mar Continuation High School activities of any kind shall occur on the property except for specific events agreed upon by the parties. Adult education classes may be conducted throughout the day provided that the last classes shall end and students departed from the site by not later than 9:30 P.M.; (d) Average daily attendance ofthe Rancho del Mar Continuation High School shall not exceed 150 students. No more than 100 adult education students shall be in attendance at the Site at any given time. Between the hours of 7:30 A.M. and 2:30 P.M., the combined attendance of high school and adult students shall not exceed 250; after 2:30 P.M. the combined attendance shall not exceed 200. (e) Any operation (other than that contemplated by this Third Amended Agreement) utilizing the Site under lease or other arrangement not serving District's student population for classroom purposes (other than civic center uses mandated by law) shall comply with City's conditional use permit requirements. The parties acknowledge the existence of one such arrangement as of the date hereof — the Joint Powers Transportation Authority maintenance and vehicle storage facility operating on the site by virtue of a Conditional Use Permit issued on April 21, 1998; 2 Nov 21 01 12:36p Jenkins & Hogin, LLP (310) 939-1726 • • p.3 (f) Smoking is prohibited at the Site; (g) The fields on the site shall be kept free and clear of dry brush and weeds and non -paved areas shall be regularly watered to eliminate thy and hazardous conditions; (h) District shall not increase the number of freestanding outdoor lighting fixtures on the site unless it believes itself required to do so in order to protect the safety of students and faculty, but District will do so only after entering into good faith negotiations with City (relative to the number, type, intensity and other issues pertaining to the environmental impact of the new lighting) to minimize the impact of any increase in the number oflighting fixtures to be installed; and (i) District may temporarily locate a maximum of four portable classrooms on the site during renovation of the facilities. Not more than two may be retained on the site permanently, provided they are located as unobtrusively as possible adjacent to the existing buildings in the direction of the maintenance yard. At City's request, District agrees to meet and confer in good faith with City to resolve any operational issues that may arise in connection with District's use of the Site pursuant to this Third Amended Agreement. 4. District agrees that it shall not sell all or any portion of the Site without first complying with the provisions of Education Code Section 17464 and Government Code Sections 54220 et seq. 5. It is understood and agreed that the terms and conditions recited hereinabove are not to be construed as an admission of liability on the part of the parties hereto and that the parties have entered into this Third Amended Agreement as evidence of their mutual goodwill and willingness to cooperate in resolving a dispute without resort to litigation or a zoning override by District. 6. The parties represent and warrant that this Agreement has been duly authorized, executed and delivered in the manner required by law, that all official action necessary to authorize and approve the Third Amended Agreement has been taken. 7. This Third Amended Agreement may not be amended without further written agreement of both parties. 8. This Third Amended Agreement shall be governed by and construed in accordance with the laws ofCalifornia. The parties acknowledge and agree that in the event of any breach of this Third Amended Agreement, by either party, money damages would be an inadequate remedy_ Accordingly, this Third Amended Agreement may be enforced by specific performance, mandatory or prohibitory injunction or other appropriate order or decree. 3 Nov 21 01 12:36p Jenkins & Hogin, LLP (310) 939-1726 p.4 • • 9. Any notice required or contemplated by this Third Amended Agreement shall be given in writing by personal delivery, or by prepaid registered or certified mail, return receipt requested, and shall be effective upon receipt. Notice shall be given to the following addresses (which any party may change at any time by written notice): To the City To the District: City Manager City of Rolling Hills 2 Portuguese Bend Rd. Roiling Hills, CA 90274 Superintendent Palos Verdes Peninsula Unified School District 3801 Via La Selva Palos Verdes Estates, CA 90274 10. The parties have been represented by their respective counsel throughout the negotiation of this Third Amended Agreement, and have consulted with their counsel regarding all ; of its terms and conditions. 11. This Third Amended Agreement shall supersede all previous agreements between the parties relative to the subject matter hereof, which shall henceforth be of no further force and effect. 12. This Third Amended Agreement shall inure to the benefit ofand be binding upo.n the representatives, successors -in -interest, heirs and assigns of the parties hereto. 13. This Third Amended Agreement may be terminated with or without cause by either party upon 90 days' written notice to the other. During the 90-day period following any such notice, the parties shall meet and confer in good faith regarding the disposition of the Site. In the event of such termination, the parties each reserve all rights and legal arguments they may have as regards the subject matter of this Third Amended Agreement. Dated: , 2001. 4 Mayor Nov 21 01 12:36p Jenkins & Hogin, LLP (310) 939-1726 p.5 • • ATTEST: City Clerk Dated: . 2001 _ 5 PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT By President • • City 0/ leoPe S �ue� INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 8-B Mtg. Date: 11/13/01 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A THIRD AMENDED AGREEMENT BY AND BETWEEN THE CITY OF ROLLING HILLS AND THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT. DATE: NOVEMBER 13, 2001 BACKGROUND Attached to this staff report is correspondence from Palos Verdes Peninsula Unified School District Superintendent Ira Toibin describing the District's plans to introduce adult education programs at the Rancho Del Mar facility Iocated at 38 Crest Road West. Introduction of these activities at this facility is the result of the opening of a second comprehensive high school on the Peninsula. Previously, in 1985, 1987 and 1990, the City entered into agreements with the District for establishment of the Rancho Del Mar Continuation High School use at this property. Previously, an elementary school was at the site. The agreement adopted in 1990,. expired in 1992. The agreement that is attached to this staff report contains provisions from the previous agreements however, it has been updated to address the introduction of adult education activities at the property. The District expects to operate 3 adult education classes at the site which include Mommy and Me, Computer Skills and English Language for non-English speakers. They anticipate that they will have no more that 100 students participate in the adult education programs at the site. The previous expired agreement regarding the continuation high school use at the site had a limit of 150 Students. Actual high school attendance is slightly below 100. Highlights of the attached agreement include: ■ That high school attendance shall not exceed 150. ■ That adult education attendance shall not exceed 100. -1- Printed on Recycled Pawn.. • • ■ That no more than 250 students (adult and Rancho Del Mar) be on site at any one time between 7:30 a.m. and 2:30 p.m.; and no more than 200 students after 2:30 p.m. ■ That no more than 100 adult students will be attending any classes offered after 4:00 p.m. ■ That no high school students will be attending classes after 4:00 p.m. ■ That smoking is not permitted. ■ That no classes will be allowed to occur in the adult education curriculum past 9:30 p.m. ■ That no new lights will be erected at the school facility unless required for safety/security, in which event the District will negotiate with the City concerning the number and type of new lights. ■ That the District will be required to offer the property to the City and other public agencies pursuant to State law should the PVUSD decide to sell all or a portion of the lot. The agreement provides a vehicle by which the City and the District may cooperatively establish operating parameters on the site and avoid a dispute over whether the District's activities on the property are lawful under the City's zoning ordinance. Both parties reserve their rights to assert their legal arguments in the event that the agreement is terminated. It is anticipated that the School District Board of Education will be considering this agreement at its next meeting on December 6, 2001. RECOMMENDATION It is recommended that members of the City Council consider this agreement and provide appropriate direction to staff. CRN:mlk 11/13/01 pvpusdagmt.sfa -2- VALMONTE ADMINISTRATION CENTER 3801 Via La Selva Palos Verdes Estates California 90274-1119 (310) 378-9966 FAX (310) 378-0732 Ira J. Toibin, Ph.D. Superintendent of Schools Board of Education Gabriella Holt President Ian Hunter Vice President Jim Goodhart Clerk Barbara Lucky Member Ellen Perkins Member • • Palos Verdes Peninsula Unified School District September 25, 2001 Mr. Craig Nealis, City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274-5171 Dear Craig: SEP 2 WY OP ROL,Lt'N 'PUS kv I am writing to provide you with information regarding the School District's plans. to relocate some Adult Education classes to the Rancho del Mar High School Campus. As you know, the Board of Education recently voted to reopen Palos Verdes Intermediate School (PVIS) campus as a second comprehensive high school, which will be called Palos Verdes High School (PVHS). This resulted in a sequence of events I would like to describe to you. The students now attending PVIS will need to relocate to the Margate Intermediate •School campus. Margate is currently occupied by some District programs and sortie tenants. • The tenants, who are currently looking for possible relocation sites inthe community, have been notified that we will fully re -occupy the school in September 2002. The District programs currently located at Margate will relocate to the Valmonte Administration Center. Currently, the School District's administration and Adult Education programs occupy the Valmonte site. In order to house the special education programs that are relocated from Margate to Valmonte, the adult education programs will relocate to the Rancho del Mar and share the campus with the existing continuation high school program. The current enrollment at Rancho del Mar is 90 students. This is below the . student population of 150 that was projected when the program was first established. By better utilizing the facility, we can accommodate both the continuation high school program and the three (3) Adult Education classes we would need to offer at Rancho del Mar. The three (3) Adult Education classes we plan to offer at Rancho del Mar are Mommy and Me, Computer Skills, and English Language for Non -English Craig Nealis, City Manager Page 2 of 2 Rolling Hills, CA September 25, 2000 Speakers. These classes would generate fewer than 100 students in combination and would most likely not be offered simultaneously. We have heard rumors that people believe that Adult Education would bring as many as 500 cars a day up to Rancho del Mar. This has not been the case at Valmonte, where the parking has been adequate to meet the needs of both Adult Education and administrative activities. On the Rancho del Mar campus itself, we intend to do some remodeling. Much of the work will be the result of the passage of our school bond, Measure K. This will enable the District to upgrade the electrical system, heating and ventilation system, wire the school for high speed internet access, replace lighting and flooring, upgrade the restrooms, paint the classrooms, repair the roof, eliminate trip hazards, and resurface the parking lots. As part of the renovation project, we will change the current administration offices back into a classroom and establish a new administration office that will house both Rancho del Mar personnel and Community Programs Personnel. This new center will be located in the building that now houses the woodshop and teacher lounge. This will be accomplished without changing the existing structure. I hope you find this information helpful. As always, we are concerned about maintaining our excellent working relationship with the City of Rolling Hills. Please let me know if there is any additional information you would wish to have. Enclosed is a copy, per your request, of the agreement with the City of Palos Verdes Estates regarding the Adult Education program that is currently located at the Valmonte Administration Center. Sincerely, Ira J. Toibin, Ph.D. Superintendent of Schools IJT/rm Enclosure f.community:RHAduHtEd9.2401 NOV un ui u4:bup Jenkins & Hogin, LLP (310) 939-1726 p.2 • THIRD AMENDED AGREEMENT THIS THIRD AMENDED AGREEMENT ("Third Amended Agreement") is entered into this day of November, 2001 by and between the CITY OF ROLLING HILLS, a municipal corporation ("City") and the PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT, a school district organized under the California Education Code ("District"). RECITALS A. On November 25, 1985, City and District entered into an agreement ("the Agreement") settling and resolving a dispute over the use of the La Cresta Elementary School ("La Cresta" or "the Site") as a continuation high school generally known as the Rancho del Mar Continuation High School_ The purpose of the Agreement was to avoid both litigation between the parties and to avoid the District's exercise of its override powers under California Government Code Section 53094. Among other things, the Agreement set forth certain conditions under which Rancho del Mar was to operate so as to assure that it would be a good neighbor to the nearby residences. B. The Agreement was amended twice thereafter, on November 16, 1987 (First Amended Agreement) and on May 8, 1990 (Second Amended Agreement). C. District has operated Rancho del Mar Continuation High School at La Cresta without incident since 1985, and now seeks to utilize the facility for certain adult education classes. D. The parties desire to bring the Agreement (as it has been amended) current, to establish certain conditions governing District's use of the Site for adult education classes, and to continue to provide for cooperation between the parties in the event District at some future time seeks to change its use of the Site. E. It is the purpose of this Third Amended Agreement to accomplish the aforementioned objectives of the parties and to supersede the Second Amended Agreement dated May 8, 1990. NOW, THEREFORE, the parties agree as follows: 1. District agrees to operate the Rancho del Mar Continuation High School at the Site, and use classrooms in the facility for District sponsored adult education classes, subject to the operating conditions set forth herein for as long as this Third Amended Agreement remains in effect. 1 • • 2. District is engaged in a long-range planning process regarding utilization of District -wide facilities in light of its expanding student population. As its plans develop, District agrees to meet with City to discuss its plans for the Site. Should District decide to relocate Rancho del Mar from the Site and replace it with another District use, District shall negotiate in good faith with City in an attempt to resolve any conflicts among the objectives of the parties to this Third Amended Agreement. 3. District shall comply with the following conditions in respect of its classroom operations at the Site: (a) If City determines after observation of school operations and discussions with District officials that it would prefer the gate at the foot of the stairway leading to the residential area to be chain locked with the key to be administered by City, City may give notice of its determination to District. Within 60 days after receiving such notice from City, District shall completely enclose the stairway by installing fencing 5 feet in height along both sides of the entire length of stairway, chain lock the gate at the bottom of the stairway, and furnish the key to the lock to the City to be maintained in City Hall and administered by City; (b) District shall maintain the existing landscaping along the south side of Crest Road along the northern boundary line of District's property. Said maintenance shall include irrigation, pruning, replacement of dead or diseased landscaping and any other measures reasonably necessary to maintain the landscaping in a flourishing and attractive condition; (c) Rancho del Mar Continuation High School shall operate only between the hours of 7:30 A.M. and 4:00 P.M.; no evening Rancho del Mar Continuation High School activities of any kind.shall occur on the property except for specific events agreed upon by the parties. Adult education classes may be conducted throughout the day provided that the last classes shall end and students departed from the site by not later than 9:30 P.M.; (d) Average daily attendance of the Rancho del Mar Continuation High School shall not exceed 150 students. No more than 100 adult education students shall be in attendance at the Site at any given time. Between the hours of 7:30 A.M. and 2:30 P.M., the combined attendance of high school and adult students shall not exceed 250; after 2:30 P.M. the combined attendance shall not exceed 200. (e) Any operation (other than that contemplated by this Third Amended Agreement) utilizing the Site under lease or other arrangement not serving District's student population for classroom purposes (other than civic center uses mandated by law) shall comply with City's conditional use permit requirements. The parties acknowledge the existence of one such arrangement as of the date hereof — the Joint Powers Transportation Authority maintenance and vehicle storage facility operating on the site by virtue of a Conditional Use Permit issued on April 21, 1998; 2 Nov 08 01 04:58p Jenkins & Hogin, LLP (310) 939-1726 p.4 • • (f) Smoking is prohibited at the Site; (g) The fields on the site shall be kept free and clear of dry brush and weeds and non -paved areas shall be regularly watered to eliminate dry and hazardous conditions; (h) District shall not increase the number of freestanding outdoor lighting fixtures on the site unless it believes itself required to do so in order to protect the safety of students and faculty, but District will do so only after entering into good faith negotiations with City (relative to the number, type, intensity and other issues pertaining to the environmental impact of the new lighting) to minimize the impact of any increase in the number of lighting fixtures to be installed; and (i) District may temporarily locate a maximum of four portable classrooms on the site during renovation of the facilities. Not more than two may be retained on the site permanently, provided they are located as unobtrusively as possible adjacent to the existing buildings in the direction of the maintenance yard. 4. District agrees that it shall not sell all or any portion of the Site without first complying with the provisions of Education Code Section 17464 and Government Code Sections 54220 et seq. . 5. It is understood and agreed that the terms and conditions recited hereinabove are not to be construed as an admission of liability on the part of the parties hereto and that the parties have entered into this Third Amended Agreement as evidence of their mutual goodwill and willingness to cooperate in resolving a dispute without resort to litigation or a zoning override by District. 6. The parties represent and warrant that this Agreement has been duly authorized, executed and delivered in the manner required by law, that all official action necessary to authorize and approve the Third Amended Agreement has been taken. 7. This Third Amended Agreement may not be amended without further written agreement of both parties. 8. This Third Amended Agreement shall be governed by and construed in accordance with the laws of California. The parties acknowledge and agree that in the event ofany breach ofthis Third Amended Agreement, by either party, money damages would be an inadequate remedy. Accordingly, this Third Amended Agreement may be enforced by specific performance, mandatory or prohibitory injunction or other appropriate order or decree. 9. Any notice required or contemplated by this Third Amended Agreement shall be given in writing by personal delivery, or by prepaid registered or certified mail, return receipt requested, and shall be effective upon receipt. Notice shall be given to the following addresses (which any party may change at any time by written notice): 3 Nov 08 01 04:58p Jenkins & Hogin, LLP (310) 939-1726 p_5 • • To the City To the District: City Manager City of Rolling Hills 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Superintendent Palos Verdes Peninsula Unified School District 3801 Via La Selva Palos Verdes Estates, CA 90274 10. The parties have been represented by their respective counsel throughout the negotiation of this Third Amended Agreement, and have consulted with their counsel regarding all of its terms and conditions. 11. This Third Amended Agreement shall supersede all previous agreements between the parties relative to the subject matter hereof, which shall henceforth be of no further force and effect. 12. This Third Amended Agreement shall inure to the benefit of and be binding upon the representatives, successors -in -interest, heirs and assigns of the parties hereto. 13. This Third Amended Agreement may be terminated with or without cause by either party upon 90 days' written notice to the other. During the 90-day period following any such notice, the parties shall meet and confer in good faith regarding the disposition of the Site. In the event of such termination, the parties each reserve all rights and legal arguments they may have as regards the subject matter of this Third Amended Agreement. Dated: , 2001. 4 Mayor Nov U8 U1 U4:59p Jenkins & Hogin, LLP • (310) 939-1726 p.6 ATTEST: City Clerk Dated: , 2001. 5 PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT By President Cuy opelen • LLL� INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 8-B Mtg. Date: 11/13/01 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF A THIRD AMENDED AGREEMENT BY AND BETWEEN THE CITY OF ROLLING HILLS AND THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT. DATE: NOVEMBER 13, 2001 BACKGROUND Attached to this staff report is correspondence from Palos Verdes Peninsula Unified School District Superintendent Ira Toibin describing the District's plans to introduce adult education programs at the Rancho Del Mar facility located at 38 Crest Road West. Introduction of these activities at this facility is the result of the opening of a second comprehensive high school on the Peninsula. Previously, in 1985, 1987 and 1990, the City entered into agreements with the District for establishment of the Rancho Del Mar Continuation High School use at this property. Previously, an elementary school was at the site. The agreement adopted in 1990, expired in 1992. The agreement that is attached to this staff report contains provisions from the previous agreements however, it has been updated to address the introduction of adult education activities at the property. The District expects to operate 3 adult education classes at the site which include Mommy and Me, Computer Skills and English Language for non-English speakers. They anticipate that they will have no more that 100 students participate in the adult education programs at the site. The previous expired agreement regarding the continuation high school use at the site had a limit of 150 students. Actual high school attendance is slightly below 100. Highlights of the attached agreement include: • That high school attendance shall not exceed 150. • That adult education attendance shall not exceed 100. -1- Printed on Recycled Paper. • ■ That no more than 250 students (adult and Rancho Del Mar) be on site at any one time between 7:30 a.m. and 2:30 p.m.; and no more than 200 students after 2:30 p.m. ■ That no more than 100 adult students will be attending any classes offered after 4:00 p.m. ■ That no high school students will be attending classes after 4:00 p.m. ■ That smoking is not permitted. ■ That no classes will be allowed to occur in the adult education curriculum past 9:30 p.m. ■ That no new lights will be erected at the school facility unless required for safety/security, in which event the District will negotiate with the City concerning the number and type of new lights. ■ That the District will be required to offer the property to the City and other public agencies pursuant to State law should the PVUSD decide to sell all or a portion of the lot. The agreement provides a vehicle by which the City and the District may cooperatively establish operating parameters on the site and avoid a dispute over whether the District's activities on the property are lawful under the City's zoning ordinance. Both parties reserve their rights to assert their legal arguments in the event that the agreement is terminated. It is anticipated that the School District Board of Education will be considering this agreement at its next meeting on December 6, 2001. RECOMMENDATION It is recommended that members of the City Council consider this agreement and provide appropriate direction to staff. CRN:mlk 11/13/0lpvpusdagmt.sta -2- VALMONTE ADMINISTRATION CENTER 3801 Via La Selva Palos Verdes Estates California 90274-1119 (310) 378-9966 FAX (310) 378-0732 Ira J. Toibin, Ph.D. Superintendent of Schools Board of Education Gabriella Holt President Ian Hunter Vice President Jim Goodhart Clerk Barbara Lucky Member Ellen Perkins Member • • Palos Gerdes Peninsula Unified School District September 25, 2001 Mr. Craig Nealis, City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274-5171 Dear Craig: 1TY OP 411(XLtNN: 'LLS Fly I am writing to provide you with information regarding the School District's plans to relocate some Adult Education classes to the Rancho del Mar High School Campus. As you know, the Board of Education recently voted to reopen Palos Verdes Intermediate School (PVIS) campus as a second comprehensive high school, which will be called Palos Verdes High School (PVHS). This resulted in a sequence of events I would like to describe to you. The students now attending PVIS will need to relocate to the Margate Intermediate•School:campus. Margate is currently occupied by some District programs and some tenants. The tenants, who are currently looking for possible relocation sites in the community, have been notified that we will fully re -occupy the school in September 2002. The District programs currently located at Margate will relocate to the Valmonte Administration Center. Currently, the School District's administration and Adult Education programs occupy the Valmonte site. In order to house the special education programs that are relocated from Margate to Valmonte, the adult education programs will relocate to the Rancho del Mar and share the campus with the existing continuation high school program. The current enrollment at Rancho del Mar is 90 students. This is below the .student population of 150 that was projected when the program was first established. By better utilizing the facility, we can accommodate both the continuation high .school program and the three (3) Adult Education classes we would need to offer at Rancho del•Mar. . The three (3) Adult Education classes we plan to offer at Rancho del Mar are Mommy and Me, Computer Skills, and English Language for Non -English • • Craig Nealis, City Manager Page 2 of 2 Rolling Hills, CA September 25, 2000 Speakers. These classes would generate fewer than 100 students in combination and would most likely not be offered simultaneously. We have heard rumors that people believe that Adult Education would bring as many as 500 cars a day up to Rancho del Mar. This has not been the case at Valmonte, where the parking has been adequate to meet the needs of both Adult Education and administrative activities. On the Rancho del Mar campus itself, we intend to do some remodeling. Much of the work will be the result of the passage of our school bond, .Measure K. This will enable the District to upgrade the electrical system, heating and ventilation system, wire the school for high speed internet access, replace lighting and flooring, upgrade the restrooms, paint the classrooms, repair the roof, eliminate trip hazards, and resurface the parking lots. As part of the renovation project, we will change the current administration offices back into a classroom and establish a new administration office that will house both Rancho del Mar personnel and Community Programs Personnel. This new center will be located in the building that now houses the woodshop and teacher lounge. This will be accomplished without changing the existing structure. I hope you find this information helpful. As always, we are concerned about maintaining our excellent working relationship with the City of Rolling Hills. Please let me know if there is any additional information you would wish to have. Enclosed is a copy, per your request, of the agreement with the City of Palos Verdes Estates regarding the Adult Education program that is currently located at the Valmonte Administration Center. Sincerely, Ira J. Toibin, Ph.D. Superintendent of Schools IJT/rm Enclosure f.community:RHAd uNEd9.2401 Nov 08 01 04:58p Jenkins & Hogin, LLP (3103 939-1726 p..2 • TIIIRD AMENDED AGREEMENT THIS THIRD AMENDED AGREEMENT ("Third Amended Agreement") is entered into this day of November, 200I by and between the CITY OF ROLLING HILLS, a municipal corporation ("City") and the PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT, a school district organized under the California Education Code ("District"). RECITALS A. On November 25, 1985, City and District entered into an agreement ("the Agreement") settling and resolving a dispute over the use of the La Cresta Elementary School ("La Cresta" or "the Site") as a continuation high school generally known as the Rancho del Mar Continuation High School_ The purpose of the Agreement was to avoid both litigation between the parties and to avoid the District's exercise of its override powers under California Government Code Section 53094. Among other things, the Agreement set forth certain conditions under which Rancho del Mar was to operate so as to assure that it would be a good neighbor to the nearby residences. B. The Agreement was amended twice thereafter, on November 16, 1987 (First Amended Agreement) and on May 8, 1990 (Second Amended Agreement). C. District has operated Rancho del Mar Continuation High School at La Cresta without incident since 1985, and now seeks to utilize the facility for certain adult education classes. D. The parties desire to bring the Agreement (as it has been amended) current, to establish certain conditions governing District's use of the Site for adult education classes, and to continue to provide for cooperation between the parties in the event District at some future time seeks to change its use of the Site. E. It is the purpose of this Third Amended Agreement to accomplish the aforementioned objectives of the parties and to supersede the Second Amended Agreement dated May 8, 1990_ NOW, THEREFORE, the parties agree as follows: . 1. District agrees to operate the Rancho del Mar Continuation High School at the Site, and use classrooms in the facility for District sponsored adult education classes, subject to the operating conditions set forth herein for as long as this Third Amended Agreement remains in effect. 1 IIUV LI Li Ul Li TG iLi J le nK1 n7 6f n0G ln, LL1� IJlU l .7JJ-1 /Go • P J 2. District is engaged in a long-range planning process regarding utilization of District -wide facilities in light of its expanding student population. As its plans develop, District agrees to meet with City to discuss its plans for the Site. Should District decide to relocate Rancho del Mar from the Site and replace it with another District use, District shall negotiate in good faith with City in an attempt to resolve any conflicts among the objectives of the parties to this Third Amended Agreement. 3. District shall comply with the following conditions in respect of its classroom operations at the Site: (a) If City determines after observation of school operations and discussions with District officials that it would prefer the gate at the foot of the stairway leading to the residential area to be chain locked with the key to be administered by City, City may give notice of its determination to District. Within 60 days after receiving such notice from City, District shall completely enclose the stairway by installing fencing 5 feet in height along both sides of the entire length of stairway, chain lock the gate at the bottom of the stairway, and furnish the key to the lock to the City to be maintained in City Hall and administered by City; (b) District shall maintain the existing landscaping along the south side ofCrest Road along the northern boundary line of District's property. Said maintenance shall include irrigation, pruning, replacement of dead or diseased landscaping and any other measures reasonably necessary to maintain the landscaping in a flourishing and attractive condition; (c) Rancho del Mar Continuation High School shall operate only between the hours of 7:30 A.M. and 4:00 P.M.; no evening Rancho del Mar Continuation High School activities of any kind shall occur on the property except for specific events agreed upon by the parties. Adult education classes may be conducted throughout the day provided that the last classes shall end and students departed from the site by not later than 9:30 P.M.; (d) Average daily attendance of the Rancho del Mar Continuation High School shall not exceed 150 students. No more than 100 adult education students shall be in attendance at the Site at any given time. Between the hours of 7:30 A.M. and 2:30 P.M., the combined attendance of high school and adult students shall not exceed 250; after 2:30 P.M. the combined attendance shall not exceed 200. (e) Any operation (other than that contemplated by this Third Amended Agreement) utilizing the Site under lease or other arrangement not serving District's student population for classroom purposes (other than civic center uses mandated by law) shall comply with City's conditional use permit requirements. The parties acknowledge the existence of one such arrangement as of the date hereof — the Joint Powers Transportation Authority maintenance and vehicle storage facility operating on the site by virtue of a Conditional Use Permit issued on April 21, 1998; 2 Nov 00 01 04:56p Jenkins & Hogin, LLP (310) 939-1726 p.4 • • (f) Smoking is prohibited at the Site; (g) The fields on the site shall be kept free and clear of dry brush and weeds and non -paved areas shall be regularly watered to eliminate dry and hazardous conditions; (h) District shall not increase the number of freestanding outdoor lighting fixtures on the site unless it believes itself required to do so in order to protect the safety of students and faculty, but District will do so only after entering into good faith negotiations with City (relative to the number, type, intensity and other issues pertaining to the environmental impact of the new lighting) to minimize the impact of any increase in the number of lighting fixtures to be installed; and (i) District may temporarily locate a maximum of four portable classrooms on the site during renovation of the facilities_ Not more than two may be retained on the site permanently, provided they are located as unobtrusively as possible adjacent to the existing buildings in the direction of the maintenance yard. 4. District agrees that it shall not sell all or any portion of the Site without first complying with the provisions of Education Code Section 17464 and Government Code Sections 54220 et seq. 5. It is understood and agreed that the terms and conditions recited hereinabove are not to be construed as an admission of liability on the part of the parties hereto and that the parties have entered into this Third Amended Agreement as evidence of their mutual goodwill and willingness to cooperate in resolving a dispute without resort to litigation or a zoning override by District. 6. The parties represent and warrant that this Agreement has been duly authorized, executed and delivered in the manner required by law, that all official action necessary to authorize and approve the Third Amended Agreement has been taken. 7. This Third Amended Agreement may not be amended without further written agreement of both parties. 8. This Third Amended Agreement shall be governed by and construed in accordance with the laws of California_ The parties acknowledge and agree that in the event ofany breach ofthis Third Amended Agreement, by either party, money damages would be an inadequate remedy. Accordingly, this Third Amended Agreement may be enforced by specific performance, mandatory or prohibitory injunction or other appropriate order or decree. 9_ Any notice required or contemplated by this Third Amended Agreement shall be given in writing by personal delivery, or by prepaid registered or certified mail, return receipt requested, and shall be effective upon receipt. Notice shall be given to the following addresses (which any party may change at any time by written notice): 3 Nov 08 01 04:58p Jenkins & Hogin, LLP (3101 939-1728 p.5 • • To the City To the District: City Manager City of Rolling Hills 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Superintendent Palos Verdes Peninsula Unified School District 3801 Via La Selva Palos Verdes Estates, CA 90274 10. The parties have been represented by their respective counsel throughout the negotiation of this Third Amended Agreement, and have consulted with their counsel regarding all of its terms and conditions. 11. This Third Amended Agreement shall supersede all previous agreements between the parties relative to the subject matter hereof, which shall henceforth be of no further force and effect. 12. This Third Amended Agreement shall inure to the benefit of and be binding upon the representatives, successors -in -interest, heirs and assigns of the parties hereto. 13. This Third Amended Agreement may be terminated with or without cause by either party upon 90 days' written notice to the other. During the 90-day period following any such notice, the parties shall meet and confer in good faith regarding the disposition of the Site. In the event of such termination, the parties each reserve all rights and legal arguments they may have as regards the subject matter of this Third Amended Agreement. Dated: , 2001. 4 Mayor Nov 08 01 04:59p Jenkins & Hogin, LLP (310) 939-1726 p.6 • • ATTEST: City Clerk Dated: . 2001. 5 PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT By President