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none, Agreement - PVPUSD La Cresta, CorrespondenceI • 0fi2 PPn, JJdf November 28, 2006 Mr. Walker Williams Superintendent of Schools Palos Verdes Peninsula Unified School District 3801 Via La Selva Palos Verdes Estates, CA 90274 Dear Mr. Williams: • INCORPORATED JIANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Email: cityofrh@aol.com At the regular City Council meeting held Monday, November 27, 2006, the Rolling Hills City Council approved the Amendment to Third Amended Agreement (Portables — Rancho Del Mar Site). We have enclosed the original Agreement, which has been executed by Mayor Lay. Please sign the Agreement, retain a copy for your records and return the original to the City of Rolling Hills. Thank you for your cooperation. Sincerely, Marilyn Kern Deputy City Clerk MLK:me 11 /28/06williams-ltr.doc cc: • Anton Dahlerbruch, City Manager Yolanta Schwartz, Planning Director PrurtrrI nn I4: r ,r I�•ri i':¢ � n AMENDMENT TO THIRD AMENDED AGREEMENT (PORTABLES - RANCHO DEL MAR SITE) This Amendment to Third Amended Agreement, dated as of November 27. 2006, amends that certain Third Amended Agreement (the "Agreement") dated as of November 26, 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 (the "District"). RECITALS A. The District desires to relocate a number of Portable classrooms ("Portables") to the Site. B. The Agreement currently strictly limits the number of Portables that can be located at the Site. C. The City and the District desire to revise the Agreement to give the District greater flexibility in locating Portables at the Site. NOW, THEREFORE, the City and the District hereby agree as follows: 1. Section 3(i) of the Agreement is amended to read, in its entirety, as follows: The District may deliver to, retain on, and move from the Site up to a maximum of six (6) Portable Classrooms at any one time for future use at another District location. No portables will be retained on the Site after January 1, 2012. The District will provide screening and security of the six (6) Portables. In addition, nine (9) Portable Classrooms may be located in the District maintenance yard, and may be retained in the maintenance yard indefinitely so long as they are located as unobtrusively as possible adjacent to the existing buildings and provided that the District removes eleven (11) of the cargo containers located in the maintenance yard as of the date hereof. • • 2. In all other respects, the Agreement is unchanged and is hereby reaffirmed by the parties hereto. 3. The parties represent and warrant that this Amendment has been duly authorized, executed and delivered in the manner required by law, that all official action necessary to authorize and approve this Amendment has been taken. 4. Capitalized terms used, and not otherwise defined, herein shall have their meanings ascribed to them in the Agreement. 5. This Amendment is effective as of the date first set forth above. 6. This Amendment may be executed in multiple counterparts and signatures conveyed by facsimile shall be considered as originals. City: CITY OF ROLLING HILLS By: B. Allen Lay, May District: PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT By: r , Walker Williams Superintendent of Schools 2 • City afiePP..9 Jl•P? JODY MURDOCK Mayor B. ALLEN LAY Mayor Pro Tern THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember GODFREY PERNELL, D.D.S. Councilmember November 28, 2001 Dr, Ira J. Toibin, Ph.D. Superintendent of Schools Palos Verdes Peninsula Unified School District 3801 Via La Selva Palos Verdes Estates, CA 90274 Dear Dr. Toibin: • 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 Thank you for your correspondence dated September 25, 2001 regarding your planned introduction of adult education curriculum at the Rancho del Mar facility located at 38 Crest Road in the City of Rolling Hills. We appreciate you taking the time to provide this letter and meet with us regarding establishing an agreement regarding the Rancho del Mar property. Members of the Rolling Hills City Council considered the agreement at their City Council meeting held Tuesday, November 13, 2001, and approved the attached agreement at their meeting held on Monday, November 26, 2001. • We have enclosed two original copies of this agreement for execution by the District. Please return one executed copy to us and retain the second copy for your records. Should you wish to discuss this further, please do not hesitate to call. Thank you for your cooperation. Sincerely, 'MO raig R. Nealis City Manager CRN:mlk 11/14/01 toibiu.ltr cc: City Council City Attorney @Printed on Recycled Pnpo, • • THIRD AMENDED AGREEMENT THIS THIRD AMENDED AGREEMENT ("Third Amended Agreement") is entered into this 2 6 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 (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. 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 of California. 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 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. 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 ofand 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: Nov. 26. 2001. 4 fir( ihri ayor • • ATTEST: /l� City Clerk Dated: 1146 - , 2001. 5 PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT By President November 11, 2001 Honorable Mayor and Members of the City Council No. 2 Portuguese Bend Road Rolling Hills, California 90274 : WF ff V .., 3 20,73 OW OF'RO..L' µ HtLLS Kv Re: Consideration of a Third Amended Agreement By and Between the City of Rolling Hills and the Palos Verdes Peninsula Unified School District Dear Mayor and Council Members: Reference is made to the recently circulated staff report and attached correspondence from the Palos Verdes Peninsula Unified School District Superintendent's Ira Toibin describing the District's "plans to introduce adult education programs at the Rancho Del Mar facility located at 38 Crest Road West (as) a result of the opening of a second comprehensive high school on the Peninsula." As a City resident who lives on Crest Road, just west of Rancho Del Mar, my family vehemently objects to the plan for several reasons and have listed those reasons below. We might provide yet additional objections; however, since the Second Amended Agreement was not provided with the Third Amended Agreement, the changes are impossible to compare. First, given the fact that two high schools will shortly be operational on the Peninsula, i.e., Peninsula High School and Palos Verdes High School, with an abundance of classrooms used principally during daylight hours, there has been no showing — or even an attempt to show — why one or both of these other educational facilities cannot be utilized for accommodating the three adult education classes (not to exceed 100 adults). Second, while the District goes to great length to merchandize the "fact" how few students have used Rancho Del Mar up to now and how few adults are expected to avail themselves of the Mommy and Me, Computer Skills and English Language for non-English speakers classes, the District goes on to provide for the "temporary location" of four portable classrooms on the Honorable Mayor and Members of the City Council November 11, 2001 Page 2 site during renovation, with two of such classrooms being allowed to remain on the site permanently. [See Third Amended Agreement, Paragraph 1(i)]. Inconspicuous in the Third Amended Agreement is the District's reference to "expanding student population." [See Third Amended Agreement, Paragraph 2.] We view, therefore, the proposal as no -more -or -less than the District's "foot in the door," as has been true with other District approvals at the Rancho Del Mar site. Third, the District makes two comments worth highlighting. One comment had to do with providing "conditions under which Rancho del Mar was to operate so as to assure that it would be a good neighbor to the nearby residences." (Emphasis added.) Another comment had to do with a blatantly untrue Recital in its Third Amended Agreement that the "District has operated Rancho del Mar Continuation High School at La Cresta without incident since 1985, andnow seeks to utilize the facility for certain adult education classes." (Emphasis added.) I do not know where Ira Toibin lives, but I live across the street from Rancho del Mar. I have lived across the street from Rancho del Mar for nearly 15-years. I do not know what time Ira Toibin gets up in the morning, but I am aroused every morning — five to seven days a week — at roughly 5:00 a.m., when the P.V. Transit bus drivers arrive for work. After they roar in with their cars along the entry to Rancho del Mar (the entry parallels Crest Road), I can hear them talking, shouting and laughing, clinking and tinking with their busses, warming up the 13+ busses and vans (there were supposed to be a maximum of 10 busses, then 12 busses and now as many as 20+ busses and vans parked on the property), and then caravanning off the premises, past my home. Even though the City does not permit commercial vehicles from entering the City until 7:00 a.m. (so as not to disturb City residents), my family is habitually treated to car, truck and bus traffic entering and leaving Rancho Del Mar, between 5:00 a.m. and 7:00 a.m. Thereafter, the parade of student traffic begins, as well as a parade of commercial vehicles that go up and down "Rancho del Mar Road" literally all -day long. Honorable Mayor and Members of the City Council November 11, 2001 Page 3 Since I hike in the area — sometimes during school hours — I can attest to the fact that the "no smoking" prohibition (see Third Amended Agreement, Paragraph 2, and which I surmise is a part of the Second Amended Agreement), is an ABSOLUTE JOKE. The students routinely smoke all over the area, though outside the Maintenance Building seems to be a particular favorite "hang out" to ignore this rule. During those times of the year when the fire hazard is the greatest, I have asked these students — many of them over the years — not to smoke. My requests have been routinely ignored, usually with a "neighborly" F _ _ _ k You farewell. During the day, students from Rancho del Mar commonly go A.W.O.L. I have seem them walking up and down Crest Road. I recall one incident when I reported the student to school officials and was advised, in a patronizing manner, that the staff cannot tell the students what to do. The Rancho del Mar facilities are, themselves, a local refuse facility. During my walks, I have seen literally hundreds of chairs, desks, conference tables, and school equipment stacked up like cord wood, in the elements. I have personally witnessed hundreds of those chairs, desks, tables, etc., being thrown into dumpsters, presumably en route to waste disposal sites. It was quite apparent that these school supplies were in good condition but, rather than utilized or salvaged, was simply being thrown away. Moreover, I routinely see trash trucks (private and commercial) utilizing the school grounds as a dump for all sorts of debris. Periodically, the debris is hauled away; however, not until it has "eye sored" the facilities for weeks (sometimes months) at a time. The traffic along Rancho del Mar Road does not obey the speed limit signs, nor do many of the motorists pay any attention to the speed bumps. Vehicular traffic literally "roars" up and down Rancho del Mar. Any "peace and quiet" during the day is strictly a figment of the imagination of anyone who does not live across from Rancho del Mar. Honorable Mayor and Members of the City Council November 11, 2001 Page 4 Aside from the weekday, regular business hours traffic, weekends and evenings are not much better. The gate to Rancho del Mar is open on Saturdays, Sundays and Holidays. The grass area is so continuously used for soccer practice (by children and adults), that one can hardly go by the area on the weekend when the field isn't totally occupied. Needless to say, those utilizing the field for these events are not "beamed" there, but drive in and out of Rancho del Mar all -day -long. Fortunately, even if the District will not take those steps reasonably necessary to eliminate such pedestrian and vehicular traffic during the week or on the weekends and holidays, the setting sun does bring some solitude to this three-ring circus. Now, however, seemingly un-contented with the carnival like atmosphere that permeates Rancho del Mar during daylight hours, the District proposes leaving the lights on at night (maybe adding a few more in "inconspicuous" locations in deference to its "good neighbor" policy) and open up the grounds to night time adults. The "good news" is that the District promises not to have any classes after 9:30 p.m.; therefore, by 10:00 or 11:00 p.m., when the last of the car traffic exits Rancho del Mar, there will be peace - and -quiet, until 5:00 a.m., when the "fun" beings anew. The District either ignores or pays "short shrift" to the security problems that conducting Adult evening classes presents. Accessing the City from Rancho del Mar is quite easy. There is a stairwell and, if the stairwell is appropriately secured (as it should be), any adult who decides to "play truant," need only walk up a short grade and through the hedge row of bushes that line the south side of Crest Road. Once through the bushes, the adult is inside Rolling Hills to work whatever mischief that individual might care to engage in. The District cannot be seriously promising to maintain the existing landscaping along the south side of Crest Road, since it has failed to do so for the past 14+ years that my family has lived on Crest Road. The chain link fence that is situated near the property boundary is, literally, falling down in locations. The same chain link fence has been cut open in at least one location, allowing bicyclists an easy way to ingress and egress the City. Honorable Mayor and Members of the City Council November 11, 2001 Page 5 The landscaping along Crest Road is, in place, falling down and is in such a state of "disrepair" that it will be actually falling down in many other places with this year's first heavy winter rain. The District has not "irrigated, pruned, replaced dead or diseased landscaping and/or taken any other measures reasonably necessary to maintain the landscaping in a flourishing and attractive condition" for the past 15-years, why can anyone seriously believe that it will do so in the future? Parenthetically, I do know that, about once a year, the District's crews do chop the field of weeds that parallels the north side of Rancho del Mar Road. The weeds are usually four -feet high when this maintenance is performed. Fourth, as one "good neighbor" of Rancho del Mar, we feel that we have done more than our fare share to contribute to the education of public school students (first when they attend and depart high school and then again when their education is financed a second time). My family's peace and quiet has been systematically ignored by the District with traffic and noise that we live with seven days a week, 12-18 hours per day. Any District that professes that it wants to "assure" that it is a "good neighbor to nearby residences" could not seriously advocate conducting adult evening classes at Rancho del Mar. Think about it. Taking the District at is word, we are "only" talking about a maximum of 100 adults for three classes. For ease of reference and approximate numbers, 33 adults in "Mommy and Me," 33-adults in computer classes and 33-adults in English classes for non-English speaking adults, with these classes, in theory, not being conducted all at the same time. What would happen to these roughly 99 students if, God forbid, they could not attend class at Rancho del Mar? Answer: they would attend one of the countless classes of that type that are offered — both publicly and privately — in numerous locations across the Southland and, indeed, on cable and public television or rent a tape or read a book. And if the classes are not offered at Rancho del Mar, then what would prevent the district from offering the classes at one of the two area high schools, without disturbing the peace and quiet of Rolling Hills? Honorable Mayor and Members of the City Council November 11, 2001 Page 6 The District should not point to Rancho del Mar as a well administered school. The District has not kept its past promises to the City and, it seems, defined the phrase, "without incident," in a manner excluding from its definition, the waste and noise pollution that has gone uncontrolled at the current site. What does my family want? We urge Rolling Hills not to sign the Third Amended Agreement. If the District threatens litigation to promote its ability to have three -classes of the type described, for less than 100-adults of the type described, it is not for the benefit of those few individuals but, rather, because it has an, as yet, undisclosed agenda in mind. Respectfully submitted, Christa Hawkins P.S. Recently, I was wondering why there was an obvious "cleanup" campaign at Rancho del Mar. Dumpster loads of debris were being removed. Vehicles were being neatly parked. For the first time "in ages," school busses and vans were limited (12-13) in number. School desks, tables, etc., were neatly stacked, instead of being piled "mile high." My wondering ended when I saw the latest "proposal." The clean up had to do with minimizing the outcry were some site inspection to take place as part of the City's consideration of this proposal. From over a decade's experience, I can tell you that it will be "business as usual" when and if the District manages to "slip by" its Third Amended Agreement. November 11, 2001 Honorable Mayor and Members of the City Council No. 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Consideration of a Third Amended Agreement By and Between the City of Rolling Hills and the Palos Verdes Peninsula Unified School District Dear Mayor and Council Members: While I thought I had made most of my comments in my earlier letter today, a couple of other comments and questions crossed my mind. Consequently, I am submitting this supplemental letter. First, the proposal does not preclude the District from conducting Adult Education classes on weekends. Second, the proposal does not limit the number of classes that the District can conduct. At the present, the District references three classes, and identifies the classes by topic. What, if anything, is to prevent the District from conducting ten classes, with 10 Adult students per class? Third, is the District conducting a commercial business at the, site, i.e., are these classes public education classes or are they being conducted by private businesses who pay a fee to the District for use of the facility? Fourth, are any of the Adult students going to be bused into the campus? Noting that one of the proposed classes is for non-English speaking Adults, does this mean that - to find such Adults to take these courses - the District is going to bus in and bus out these students? RespectfyUy-submitted, Christa Hawkins 11/14/01 WED 10:39 FAX 310 377 7288 CITY OF ROLLING HILLS l ooi si***si:>F::::h::h::t::y::::]:h:** ** TX REPORT a:x:a: a.:h:2::x::x::::x:a:x:::h::::st:::x:s: TRANSMISSION OK TX/RX NO 2542 CONNECTION TEL CONNECTION ID ST. TIME 11/14 10:34 USAGE T 04'31 PGS. 8 RESULT OK 3780732 emy .1 Alling „AIL INCORPORATED JANUARY 24, 1957 FAX COVER SHEET DATE: 1 I l iO TIME SENT: TO: (")/1 ' •4u .w FROM: FAX: OPERATOR: SUBJECT: REMARKS: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX (310) 377-7288 Email' aftyorrh@aoi.tom 2--Lide/t) 4.11.4,LA-44u;, 1),AsAlt IA