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none, Agreement - PVPUSD La Cresta, Miscellaneous, OtherSUPPLEMENT TO BROKEN PROMISES LIST ITEMS OF INTEREST RELATIVE TO SITE INSPECTION ON DECEMBER 28, 2006 RANCHO DEL MAR HIGH SCHOOL AND MAINTENANCE FACILITY IN NO PARTICULAR ORDER OF IMPORTANCE, CITY RESIDENTS, RICHARD COLYEAR, ROGER HAWKINS AND CHRISTA HAWKINS, WERE INTERESTED IN THE FOLLOWING: 1. AT THE ENTRANCE TO 38 CREST ROAD WEST, THE SIGN LISTS VARIOUS ACTIVITIES AND/OR BUSINESS ACTIVITIES BEING CONDUCTED AT THE LOCATION, INCLUDING: ADULT EDUCATION DISTRICT WAREHOUSE ENRICHMENT PROGRAM MAINTENANCE KID'S CORNER RANCHO DEL MAR HIGH SCHOOL SOUTH BAY CREDIT UNION PRINTING PURCHASING P.V. TRANSIT QUESTION: IN TERMS OF ACTIVITIES (BUSINESS OR OTHERWISE), WHAT IS THE KID'S CORNER? AND THE SOUTH BAY CREDIT UNION? QUESTION: WHILE NOT CURRENTLY LISTED ON THE ENTRANCE SIGN, THERE ARE BUILDINGS AT THE SITE THAT REFLECT VANIR CONSTRUCTION COMPANY, INC. AND FIRST TRANSIT, WITH DESIGNATED PARKING FOR THESE BUSINESSES: WHAT.DO THEIR RESPECTIVE OPERATIONS ENTAIL? HAVE THEY BEEN RESPECTIVELY OKAYED FOR BUSINESS OPERATIONS AT THE LOCATION? AND WHO AUTHORIZED THESE BUSINESS OPERATIONS AT THE LOCATION? 2. DURING THE LAST SITE INSPECTION AT THE LOCATION, SECURITY ISSUES WERE RAISED, STEMMING FROM -- AMONG OTHER THINGS -- A RECENT "ATTEMPTED BURGLARY" ARREST WITHIN THE CITY, WHERE THE SUSPECT WAS APPREHENDED AFTER PARKING HIS VEHICLE AT THE RANCHO DEL MAR HIGH SCHOOL PARKING LOT. THAT BEING SAID, THE RESIDENTS NOTED THAT, ASIDE FROM OTHER INTERIOR SECURITY. GATES AT THE BUS PARKING AREA AND MAINTENANCE YARD -- THERE ARE THREE "SECURITY" GATES AT THE LOCATION. ONE SECURITY GATE IS SITUATED AT THE ENTRY. IT WAS NOTED THAT THE SECURITY GATE IS NEVER CLOSED, LET ALONE LOCKED. A LOCK FOR THE GATE NONETHELESS USELESSLY HANGS ON AN ENTRY POST. A SECOND SECURITY GATE IS SITUATED NEAR THE MAINTENANCE WAREHOUSE. IT, TOO, IS NEVER CLOSED OR LOCKED. A THIRD SECURITY GATE IS SITUATED AT THE RANCHO DEL MAR HIGH SCHOOL, I.E., JUST OUTSIDE THE HIGH SCHOOL PARKING LOT. IT, TOO, IS NEVER CLOSED OR LOCKED. QUESTION: INASMUCH AS LOCKS ARE PROVIDED FOR EACH OF THESE GATES, WHY AREN'T THESE GATES LOCKED WHEN THE AREAS THEY "SECURE" ARE CLOSED FOR THE DAY? EXAMPLE: THE SCHOOL IS POSTED WITH A SIGN THAT REQUIRES, PURSUANT TO THE CALIFORNIA PENAL CODE, THAT ALL VISITORS CHECK IN WITH THE PRINCIPAL ON ARRIVING AT THE SCHOOL. IF THE CALIFORNIA LEGISLATURE DEEMS IT IMPORTANT TO IMPOSE THIS REQUIREMENT, WHY SHOULD THE SCHOOL PARKING LOT BE ALLOWED TO REMAIN OPEN 24/7? 3. WE NOTE THAT A FORMER RECREATIONAL AREA AT THE SCHOOL, I.E.; PREVIOUSLY USED FOR TETHER BALLS, FOR PLAYING BASKETBALL AND FOR FOUR -SQUARE A. HAS BEEN CONVERTED INTO A PARKING LOT; B. THAT A PERIMETER FENCE HAS BEEN INSTALLED ON THE SOUTHERLY AND EASTERLY SIDES OF THE PARKING LOT; C. THAT BASEBALL BACKSTOPS HAVE BEEN ERECTED AND, AS TO AT LEAST ONE OF THOSE BACKSTOPS, AN ELECTRICAL OUTLET HAS BEEN RECENTLY INSTALLED, PRESUMABLY FOR THE PURPOSE OF PROVIDING EITHER NIGHT LIGHTING; D. AND, UNTIL QUITE RECENTLY, PORTASTALLS WERE PRESENT TO PROVIDE BATHROOM FACILITIES AT THE SITE. QUESTION: WERE APPLICATIONS FOR PERMITS SUBMITTED? QUESTION: AND, IF SO, WHEN? BY WHOM? AND IS IT POSSIBLE TO GET A COPY OF THE APPLICATION(S)? QUESTION: AND, IF A PERMIT WAS GIVEN, WHEN WERE THESE SITE ALTERATIONS PERMITTED? 4. WE NOTE THAT PART OF THE SCHOOL YARD (OR MAINTENANCE YARD) IS BEING USED FOR IMPORTING AND STORING SOIL. QUESTION: WAS AN APPLICATION FOR PERMIT FOR IMPORTING SOIL SUBMITTED? QUESTION: AND, IF SO, WHEN? BY WHOM? AND IS IT POSSIBLE TO GET A COPY OF THE APPLICATION? QUESTION: AND, IF A PERMIT WAS GIVEN, WHEN WAS THE PERMIT APPROVED? 5. WE NOTED THAT FIVE SCHOOL BUILDINGS HAVE BEEN RELOCATED FROM P.V. HIGH SCHOOL TO THE SITE. WHILE THE CITY WAS ADVISED THAT THESE BUILDINGS WOULD NOT BE USED FOR ANY PURPOSE, WE NOTE THAT FOUNDATIONS ARE BEING INSTALLED; THE INTERIORS ARE BEING REPAIRED; AND THAT ELECTRICITY IS BEING INSTALLED. QUESTION: IF FOR STORAGE ONLY, WHAT POSSIBLE JUSTIFICATION IS THERE FOR THESE IMPROVEMENTS? QUESTION: AND IF THESE BUILDINGS ARE, IN FACT, GOING TO BE USED, FOR WHAT PURPOSE(S). 6. WE NOTED THAT THE MAINTENANCE YARD IS LITTERED WITH TRASH AND THAT THERE ARE TWO HUGE DUMPSTERS LOCATED ON THE PROPERTY. QUESTION: QUESTION: QUESTION: WAS AN APPLICATION FOR PERMIT FOR UTILIZING THE LOCATION AS A DUMP SITE SUBMITTED? AND, IF SO, WHEN? BY WHOM? AND IS IT POSSIBLE TO GET A COPY OF THE APPLICATION? AND, IF A PERMIT WAS GIVEN, WHEN WAS THE PERMIT APPROVED? 6. WE NOTED THAT THERE WERE MANY AZTEC STORAGE BUILDINGS LOCATED AT THE SITE. QUESTION: WAS AN APPLICATION FOR PERMIT FOR LOCATING ALL THESE STORAGE BUILDINGS SUBMITTED? QUESTION: AND, IF SO, WHEN? BY WHOM? AND IS IT POSSIBLE TO GET A COPY OF THE APPLICATION? QUESTION: AND, IF A PERMIT WAS GIVEN, WHEN WAS THE PERMIT APPROVED? QUESTION: AND, WHAT IS BEING STORED IN THESE STORAGE BUILDINGS, I.E., THAT CANNOT BE STORED IN THE EXISTING MAINTENANCE WAREHOUSE? 7. WE NOTE THAT THE SIGNAGE AT THE BUS PARKING AREA ADVISES THE DRIVERS THAT "SILENCE IS GOLDEN" AND THAT BUSSES ARE NOT TO BE STARTED BEFORE 6:00 A.M. QUESTION: INASMUCH AS THE P.V. TRANSIT AUTHORITY AND THE SCHOOL ASSURED THE RESIDENTS THAT THE BUSSES WOULD NOT BE OPERATED BEFORE 7:00 A.M., AND THAT THE BUS DRIVER'S WOULD BE BUSSED TO THE LOCATION FROM OFF -SITE: A. WHY ARE THE DRIVER'S PERMITTED TO "START THEIR ENGINES AS EARLY AS 6:00 A.M.; B. WHY ARE THE DRIVER'S PERMITTED TO BE AT THE LOCATION, BEFORE 6:00 A.M.; AND C. WHY AREN'T THE DRIVER'S BEING BUSSED TO THE SITE. QUESTION: WHY IS THE P.V. TRANSIT AUTHORITY ALLOWED TO KEEP 13-20 BUSES AT THE FACILITY? 8. THE P.V. TRANSIT AUTHORITY AND THE SCHOOL DISTRICT PROMISED TO LANDSCAPE THE HILLSIDE ABOVE THE BUS PARKING AREA, SO AS TO SHIELD THE BUSES FROM VIEW AND TO REDUCE NOISE. QUESTION: WHY HAS THIS PROMISE NOT BEEN KEPT? — o -°3•11-1' y'\.A.AINA \:\kx-sAtt t jkwk- ukk Lki.94-4 CA:;\•\: J PA'67 Co-u4/z--7 I.. BROKEN PROMISES LIST CITY OF ROLLING HILLS APPROXIMATELY FIVE (5) YEARS AGO, THE SCHOOL DISTRICT PROPOSED THAT THE CITY ALLOW ITS USE OF THE MAINTENANCE FACILITY AS A PARKING LOT FOR P.V. TRANSIT BUSES. TO INDUCE THE CITY TO AGREE TO ITS PROPOSAL, THE SCHOOL DISTRICT MADE VARIOUS REPRESENTATIONS AND COMMITTED TO DO THE FOLLOWING: PROMISE: THE MAXIMUM NUMBER OF BUSES WOULD BE TEN (10). NOTE: APPROXIMATELY 18 MONTHS LATER, THE SCHOOL DISTRICT SOUGHT PERMISSION TO PARKA MAXIM/MUM OF 12 BUSES AT THE S/TE. IN FACT: THE SCHOOL DISTRICT KEEPS 13-20 BUSES AT THE FACILITY. PROMISE: IN FACT: PROMISE: IN FACT: ALL DRIVERS WOULD PARK OFF SITE AND WOULD BE BUSED TO THE FACTILITY. NO DRIVERS ARE BUSED TO THE FACILITY; RATHER, THE DRIVERS DRIVE THEIR OWN CARS TO THE FACILITY, PARKING THEM ON SITE. HOURS OF SCHOOL BUS OPERATION WOULD BE STRICTL YLIMITED. BUSES WOULD NOT BE OPERATED BEFORE 7:00A.M. AND WOULD NOT BE OPERATED AFTER 4:00 P. M. BUS OPERATION WOULD BE RESTRICTED TO TWO TIMES DAILY, I.E., ONCE IN THE MORNING, WHEN LEAVING AND ONCE IN THEAFTERNOON, WHEN RETURNING THE BUSES. THE FACILITY TYPICALLY COMMENCES OPERATION AT AROUND 4:30 A.M., WITH VEHICLES ARRIVING AT THE FACILITY. CARS ARE PARKED. DOORS ARE SLAMMED. DRIVERS TALK -- AND YELL -- BACK -AND -FORTH WITH EACH OTHER, IN TOTAL DISREGARD FOR THE PEACE AND QUIET OF THE RESIDENTS WITHIN EARSHOT OF THE FACILITY. IN THAT REGARD, THE FACILITY IS LIKE AN AMPITHEATER, WITH PROMISE: FACT: PROMISE: IN FACT: EVEN THE SOUNDS OF THE DRIVERS' TALKING BROADCAST TO THE SURROUNDING HOMES. AND, WHEN BUSES ARE MOVED ON SITE, THE BACK UP "BELLS" ON THE BUSES ACTING AS A 4:30 A.M. TO 5:30 A.M. ALARM CLOCK. NOTE: COMMERCIAL VEHICULAR TRAFFIC INTO THE CITY IS NOT PERMITTED BEFORE 7:00 A.M.; HOWEVER, DRIVERS ARE ABLE TO ENTER THE SERVICE ROAD -- WITHIN THE CITY -- AS EARLY AS 4:30 A.M. (SOMETIMES EVEN EARLIER) AND THE SCHOOL BUSES ARE BEING OPERATED PRETTY MUCH ANY TIME AFTER THE DRIVERS ARRIVE. THE BUSES DO NOT STOP AT 4:00 P.M., BUT ARE DRIVING INTO AND OUT OF THE FACILITY ALL DAY, UNTIL THE VERY LATE EVENING HOURS, E.G., 10:00 P.M. SCHOOL DISTRICT PROMISED TO LANDSCAPE THE HILLSIDE ABOVE THE BUS PARKING AREA, SO AS TO SHIELD THE BUSES FROM VIEW AND TO REDUCE NOISE. THERE HAS BEEN NO LANDSCAPING WHATSOEVER. TO THE CONTRARY, THE MAINTENANCE AREA HAS BEEN USED AS A DUMP SITE FOR NUMEROUS TYPES OF TRASH AND A DUMPING GROUND FOR SCHOOL DESKS, TABLES, CHAIRS, CABINETS, ETC. DUMPING COMMONLY TAKES PLACE OVER THE WEEKEND. SECURITY WOULD BE MAINTAINED BY, IN PART, KEEPING THE SERVICE ROAD LOCKED. THE GATE TO THE SERVICE ROAD IS, BASICALLY, LEFT UNLOCKED EVERY DAY, ROUND THE CLOCK. THE GATE TO THE SERVICE ROAD IS RARELY LOCKED, THUS ALLOWING ACCESS TO THE FACILITY (AND, THEREFORE, ACCESS TO THE CITY) PRETTY MUCH 24/7. t1i28/2165 11:21 3103 7B 13 HAWI IIdS PAGE 01/02 November 28, 2006 VIA FACSIMILE City Council City of Rolling Hills • No. 2 Portuguese Bend Road Rolling Hills, California 90274 3t1 Re: Palos Verdes Peninsula School District Palos Verdes Transit Authority Dear Council: ,0:.; iN HILLS. Reference is made to the "Broken Promises List" ("List") left by Richard Colyear at the November 27 Council meeting. Before adjourning, the Council advised that it would "look into" the matter of the commitments made by the School District and Transit Authority when they sought approval to utilize the site for bus parking several years ago. Having attended ALL of the meetings and having listened to the joint presentation of the School District and the Transit Authority, it is fair to say that the promises they made and referenced in the List do. in fact, represent the promises that were made. And, I think it fair to say that the promises made were reasonable. Among other things, it was and is reasonable to expect that (a) operations will not commence until 7:00 a.m. and will end at 4:00 p.m.; (b) the buses will be depart once in the morning and once in the late afternoon, when being returned, and not operated into and out of the facility all day long; (c) the gate to the access road will be kept locked at night; (d) the area will be properly maintained, with no dumping allowed; and (e) the parking area will be camouflaged with hillside planting. Request: kindly advise who has been tasked to "look into" the matter of honoring these commitments. Or, if no one will be tasked to do so, the courtesy of being so advised would be appreciated. One of the Council members, Godfrey Perncll, suggested that we caucus on these issues with the School District -- and implicdly the Transit Authority -- direct. Please let us know with whom we need to speak. Our repeated prior complaints to the School District. the Transit Authority and the City, with rare exception, have gone ignored; hut, since it appears our family should not expect the City's assistance, we are willing to make another attempt to deal with the problem on our own. Regrettably, the 11 / 28 / '_ 006 11 : 21 33310317 6718 HAWK i HS PAGE 02/02 City Council City of Rolling Hills November 28, 2006 Page 2 School District representatives at last night's Council meeting were sufficiently unconcerned with "our problems" to remain long enough to discuss them. 'Once the School District problem was solved, they left. Accordingly, it appears necessary to contact them during their regular working hours. We would be quite willing to phone them, at home, when the 4:30 a.m. "day begins" at 38 Crest Road West and my family is woken up; however, I. suspect they and their families are still asleep and would not want to have their sleep int.enupted at such an "ungodly" hour. Contact names and telephone numbers of these individuals are requested. Perhaps someone from the City administration could'fax that information to me at (310) 377-6718. Sincerely, ' ii r"`9-- Christa Hawkins 37 Crest Road West Rolling Hills, California 9027 Cc: Mr. Richard Colyear 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 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: Nbv.z..P6:r- ;? 2001. 4 ATTEST: //Y64a City Clerk Dated: 1146- - . 2001. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT By President Ellen Perkins ATTEST: City Clerk Dated: %1'.1I- , 2001. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT President Ellen Perkins SECOND AMENDED AGREEMENT THIS SECOND AMENDED AGREEMENT is entered into this 8th day of May, 1990, BY AND BETWEEN THE CITY OF ROLLING HILLS, a municipal corporation, (hereinafter "City") and the PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT (hereinafter "District"). RECITALS 1. On November 25, 1985, City and District entered into an agreement settling and resolving a dispute over the use of the La Cresta Elementary School (hereinafter "La Cresta") as a continuation high school generally known as the Rancho del Mar Continuation High School. 2. In the agreement the parties agreed to the location of the Rancho del Mar Continuation High School at the La Cresta site for a period of twenty-four (24) months during which time the parties were committed to meet and negotiate with respect to the long-term utilization of that site. The agreement also set forth certain conditions under which the school was to operate so as to assure that it would be a good neighbor to the nearby residences. 3. That agreement was first amended on November 16, 1987. During the course of the past two years, the parties have met and engaged in discussions concerning the long-term future development of the La Cresta site as contemplated by the agreement but no definitive conclusions have been reached and no definite plans on the part of the district have been prepared. 4. District desires to extend the period of time within which it may continue to use the La Cresta site for the Rancho del Mar Continuation High School and during which time it will both develop plans for the long-term development of the site and meet with the City to accomplish the District's objectives and best integrate any future development into the City. It is City's desire to obtain assurances that District's development plans will either require relocation of the continuation high school or integration of the high school into a total overall development that will be harmonious with other uses proposed for the entire site. 5. It is the purpose of this Second Amended Agreement to accomplish the aforementioned objectives of the parties and to supersede the First Amended agreement dated November 16, 1987. NOW, THEREFORE, the parties agree as follows: 1. District agrees to take such action of its Board as is legally necessary to continue to locate Rancho del Mar Continuation High School temporarily at the La Cresta site and that such decision shall be effective for a period not to exceed twenty- • four (24) months. 2. During this twenty-four (24) month period, District and City agree to meet and negotiate in good faith for the purpose of evaluating the highest and best use of the La Cresta site, and the means by which the site's value for sale and development may be increased, with the objective of either relocating the high school to a different permanent campus or integrating the high school into the total site plan design in a harmonious manner. The parties agree to meet on a regular basis to fully explore the alternatives available for the development of the La Cresta site and on a regular basis as determined by the parties to provide progress reports on actions taken in that regard. 3. During the period that the Rancho del Mar Continuation High School is temporarily located at La Cresta, District shall comply with the following conditions in respect of the school's operations: (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 and administered by City at the gate house; (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; (d) All students who drive an automobile to Rancho del Mar Continuation High School shall register their automobile with the school and theschool shall provide them with a sticker which must be affixed to the front windshield of the car. A separate parking area with sufficient spaces shall be reserved for Rancho del Mar Continuation High School students. The school reserves the right to limit parking privileges of its students and may also reserve parking for guests and business visitors; (e) Average daily attendance of no more than 150 high school • • students; (f) Any operation (other than Rancho del Mar) utilizing the campus under lease or other arrangement other than civic center uses mandated upon the .District shall comply with City's conditional use permit requirements. To the extent allowed by law, Harbor College shall continue to be subject to CUP requirements; (g) Smoking shall be limited to a specified, supervised area; (h) Community members shall continue to have permission to utilize the playing fields on the site; and, (i) 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; 4. District agrees that it shall not sell all or any portion of its property in Rolling Hills at this location without first providing the City not less than ninety days written notice of its intention to do so. In the event the District proposes to sell all or any portion of the site and to continue operating the school on a portion of the site, the parties shall renegotiate this Agreement to ensure that such a mixed use proposal is consistent with the neighborhood. Until and unless such a new agreement is renegotiated, the terms and conditions of this Agreement shall remain in full force and effect. 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 Agreement as evidence of their mutual goodwill and willingness to cooperate in resolving a dispute without resort to litigation. 6. The parties hereto represent and warrant that this Agreement has been duly authorized, executed, and delivered in the manner required by law, that a!! official action necessary to authorize and approve the Agreement has been taken, and that the Agreement constitutes the legally binding obligation of the parties, enforceable in accordance with its terms. 7. This Agreement may not be amended without further written agreement of both parties. 8. This 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 Agreement, by either party, money damages would be an inadequate remedy. Accordingly, this Agreement may be enforced by specific performance, mandatory or prohibitory injunction, or other appropriate order or decree. x s • 9. Any notice required or contemplated by this Agreement shall be given in writing by personal delivery, or by prepaid registered or certificated 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 Mayor City of Rolling Hills #2 Portuguese Bend Road Rolling Hills CA 90274 President of the Board of Trustees 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 negotiation of this Agreement, and have consulted with their counsel regarding all of its terms and conditions. 11. This Agreement shall supersede the First Amended agreement between the parties dated November 16, 1987, which shall henceforth be of no further force and effect. 12. This Agreement shall inure to the benefit of and be binding upon the representatives, successors -in -interest, heirs, and assigns of th parties hereto. ATTEST: ity ClerEPt.f T y) Dated: ,�''� � r.ZLL 1990. Dated: � JiJ/l � 1990. / May, PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT President of the Bo 'd of Education • a FIRST AMENDED AGREEMENT THIS FIRST AMENDED AGREEMENT is entered into thisl6th day of November, 1987 BY AND BETWEEN THE CITY OF ROLLING HILLS, a municipal corporation (hereinafter "City") and the PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT (hereinafter "District"). RECITALS 1. On November 25, 1985, City and District entered into an agreement settling and resolving a dispute over the use of the La Cresta Elementary School (hereinafter "La Cresta") as a continuation high school generally known as the Rancho del Mar Continuation High School. 2. In the agreement, the parties agreed to the loca- tion of the Rancho del Mar Continuation High School at the La Cresta site for a period of twenty-four (24) months during which time the parties were committed to meet and negotiate with respect to the long-term utilization of that site. The agreement also set forth certain conditions under which the school was to operate so as to assure that it would be a good neighbor to the nearby residences. 3. The agreement is now due to expire on November 25, 1987. During the course of the past two years, the parties have met and engaged in discussions concerning the long-term future development of the La Cresta site as contemplated by the agree- ment but no definitive conclusions have been reached and no definite plans on the part of the District have been prepared. 4. District desires to extend the period of time within which it may continue to use the La Cresta site for the Rancho del Mar Continuation High School and during which time it will both develop plans for the long-term development of the site and meet with the City to accomplish the District's objectives and best integrate any future development into the City. It is City's desire to obtain assurances that District's development plans will either require relocation of the continuation high school or integration of the high school into a total overall development that will be harmonious with other uses proposed for the entire site. 5. It is the purpose of this First Amended Agreement to accomplish the aforementioned objectives of the parties and to supersede the agreement dated November 25, 1985. NOW, THEREFORE, the parties agree as follows: • • 1. District agrees to take such action of its Board as is legally necessary to continue to locate Rancho del Mar Contin- uation High School temporarily at the La Cresta site and that such decision shall be effective for a period not to exceed twenty-four months. 2. During this twenty-four month period, District and City agree to meet and negotiate in good faith for the purpose of evaluating the highest and best use of the La Cresta site, and the means by which the site's value for sale and development may be increased, with the objective of either relocating the high school to a different permanent campus or integrating the high school into the total site plan design in a harmonious manner. The parties agree to meet on a regular basis to fully explore the alternatives available for the development of the La Cresta site and on a regular basis as determined by the parties to provide progress reports on actions taken in that regard. 3. During the period that the Rancho del Mar Continu- ation High School is temporarily located at La Cresta, District shall comply with the following conditions in respect of the school's operations: (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 determina- tion 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 and administered by City at the gatehouse; (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 activi- ties of any kind shall occur on the property except for specific events agreed upon by the parties; (d) All students who drive an automobile to Rancho del Mar Continuation High School shall register their -2- 871215 bm A086.MJ • • automobile with the school and the school shall provide them with a sticker which must be affixed to the front windshield of the car. A separate parking area with sufficient spaces shall be reserved for Rancho del Mar Continuation High School students. The school reserves the right to limit parking privileges of its students and may also reserve parking for guests and business visitors. (e) Average daily attendance of no more than 150 high school students; (f) Any operation (other than Rancho del Mar) utiliz- ing the campus under lease or other arrangement other than civic center uses mandated upon the. District shall comply with City's conditional use permit requirements. To the extent allowed by law, Harbor College shall continue to be subject to CUP requirements; (g) Smoking shall be limited to a specified, super- vised area; (h) Community members shall continue to have permis- sion to utilize the playing fields on the site; and, (i) 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. 4. District agrees that it shall not sell all or any portion of its property in Rolling Hills at this location without first providing the City not less than ninety days written notice of its intention to do so. In the event the District proposes to sell all or any portion of the site and to continue operating the school on a portion of the site, the parties shall renegoti- ate this Agreement to ensure that such a mixed use proposal is consistent with the neighborhood. Until and unless such a new agreement is renegotiated, the terms and conditions of this Agreement shall remain in full force and effect. 5. It is understood and agreed that the terms and con- ditions recited hereinabove are not to be construed as an admis- sion of liability on the part of the parties hereto and that the parties have entered into this Agreement as evidence of their mutual goodwill and willingness to cooperate in resolving a dis- pute without resort to litigation. 6. The parties hereto 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 Agreement has been taken, and that the Agreement constitutes the legally binding obligation of the parties, enforceable in accordance with its terms. -3- 871215 bm A086.MJ • • 7. This Agreement may not be amended without further written agreement of both parties. 8. This Agreement shall be governed by and construed in accordance with the laws of California. The parties acknowl- edge and agree that in the event of any breach of this Agreement, by either party, money damages would be an inadequate remedy.. Accordingly, this Agreement may be enforced by specific perform- ance, mandatory or prohibitory injunction or other appropriate order or decree. 9. Any notice required or contemplated by this Agree- ment shall be given in writing by personal delivery, or by pre- paid 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: Mayor City of Rolling. Hills 2 Portuguese Bend Rd. Rolling Hills, CA 90274 President of the Board of Trustees Palos Verdes Peninsula Unified School District 3801 Via La Selva Palos Verdes Estates, CA 90274 10. The parties have been represented by their respec- tive counsel throughout the negotiation of this Agreement, and have consulted with their counsel regarding all of its terms and conditions. 11. This Agreement shall supersede the Agreement between the parties dated November 25, 1985, which shall hence- forth be of no further force and effect. -4- 871215 bm A086.MJ 12. This Agreement shall inure to the benefit of and be binding upon the representatives, successors -in -interest, heirs and assigns of the parties hereto. Dated: ATTEST: )14,447ci City Dated: 871215 bm A086.MJ Clerk November 16 , 1987. , 1987. -5- Mayor PALOS VERDES PENINSULA SCHOOL DISTRICT By President