CITY OF MEMORANDUM 1-1

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1 CITY OF MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: Project Manager: HONORABLE MAYOR & CITY COUNCIL MEMBERS CAROL LYNCH, CITY ATTORNEY NOVEMBER 6, 2013 MEMORANDUM OF UNDERSTANDING WITH THE PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT FOR THE USE OF POOL AND GYMNASIUM FACILITIES CAROLYN LEHR, CITY MANAGER ~ Kit Fox, AICP, Senior Administrative Analyst@ RECOMMENDATION Authorize the City Manager to sign the Memorandum of Understanding (MOU) with the Palos Verdes Peninsula Unified School District (PVPUSD) for the use of recreational facilities at Palos Verdes Peninsula High School (PVPHS) and Miraleste Intermediate School (MIS). BACKGROUND On March 29, 2011 (see attached Minutes), the City Council unanimously agreed to contribute $80,000 to the PVPHS Pool Campaign on the condition that (among other things) the City enter into a joint use agreement with PVPUSD to allow the City to provide recreational programming at the new pool, either on a contract basis or using City resources. The City Council also directed Staff to explore the possible use of the District's other pool facilities for City-sponsored recreational programming. DISCUSSION Staff has prepared the attached MOU setting forth the terms under which Rancho Palos Verdes residents could-subject to availability and the future development of a schedule with the District-have access to specified District recreational facilities during certain days and hours as follows: PVPHS swimming pool on Saturdays and Sundays between 3:00 PM and 6:00 PM; and, MIS gymnasium on Tuesdays between 5:00 PM and 7:00 PM (except during basketball season). 1-1

2 MEMORANDUM: MOU for City Use of PVPUSD Recreation Facilities November 6, 2013 Page2 Under the terms of the MOU, the City will be required to provide Staff supervision of the recreational facilities during these times, including the provision of a certified lifeguard at the PVPHS swimming pool. The City and the District shall meet to develop a schedule for the use the use of the recreational facilities that balances and best serves the needs of the District, the City's residents, other groups licensed by the District to use these recreational facilities, and the residents of other communities. The initial term of the MOU would be for five (5) years, with provisions for further extensions by mutual consent of the City and the District. PVPUSD Superintendent Walker Williams and his staff have reviewed the draft MOU. The final version attached to tonight's report presents terms that Staff believes to be consistent with the City Council's intent in its promised donation to the PVPHS Pool Campaign in ADDITIONAL INFORMATION Superintendent Williams has been advised of the City Council's consideration of this agreement at tonight's meeting. The Board of Education will also be reviewing the MOU at its upcoming meeting on November 14, CONCLUSION In conclusion, Staff recommends that the City Council authorize the City Manager to sign the MOU with PVPUSD. ALTERNATIVES In addition to the Staff recommendation, the following alternatives are available for the City Council's consideration: 1. Based upon City Council discussion and/or public testimony, direct Staff and PVPUSD to revise the draft MOU, and continue this matter to a future meeting. 2. Do not enter into an MOU with PVPUSD, and provide direction to Staff regarding the disposition of the $80,000 contribution to the PVPHS Pool Campaign. FISCAL IMPACT The proposed agreement allows the use of the PVPHS swimming pool and the MIS gymnasium free of charge to the City. At this time, the City has not assessed community needs or identified programming for the proposed facility access times. Once this effort is completed, the cost to the City of providing recreational programming (if any) at the pool and gymnasium will be incorporated within the Recreation & Parks Department's operating budget, using a cost-recovery model similar to the City's other existing programs. 1-2

3 MEMORANDUM: MOU for City Use of PVPUSD Recreation Facilities November 6, 2013 Page 3 Attachments: Draft Memorandum of Understanding with PVPUSD City Council Minutes (excerpt) of March 29, 2011 M:\Municipal Services\PVPUSD Joint Use Agreement\ _PVPUSDJointUseMOU_StaffRpt.docx 1-3

4 MEMORANDUM OF UNDERSTANDING BETWEEN PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT AND THE CITY OF RANCHO PALOS VERDES FOR USE OF POOL AND GYMNASIUM FACILITIES THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 6th day of November, 2013 ("Effective Date"), by and between the Palos Verdes Peninsula Unified School District (hereinafter "School District"), a California public school district duly organized and existing under Chapter 1 of Division 3 of Title 2 of the Education Code of the State of California, and the City of Rancho Palos Verdes (hereinafter "City"), a municipal corporation (individually a "Party" and collectively "the Parties"). RECITALS WHEREAS, School District owns property located at Silver Spur Road, Rolling Hills Estates CA , known as Palos Verdes Peninsula High School, and owns property located at Palos Verdes Drive East, Rancho Palos Verdes, CA , known as Miraleste Intermediate School ("School Sites"); WHEREAS, a swimming pool and related facilities are located at the Palos Verdes Peninsula High School site and a gymnasium and related facilities are located at the Miraleste Intermediate School site ("Facilities"); WHEREAS, the City has pledged a donation of Eighty Thousand Dollars ($80,000.00) to the School District toward the modernization and rehabilitation of the swimming pool at Palos Verdes Peninsula High School; WHEREAS, the City would pay for such donation through restricted Quimby Funds, which pursuant to Government Code can only be spent on new or rehabilitating existing neighborhood or community park or recreational facilities; WHEREAS, as a condition of the City's donation, School District and City desire to enter into an agreement establishing a schedule for use of the Facilities by the City's residents. NOW, THEREFORE, the Parties hereto agree as follows: Section 1. A description and map depicting of the Facilities that are subject to this Agreement are attached hereto as Attachments "A" and "B." Section 2. School District programs and students, and groups previously licensed by the School District to use the Facilities during the time periods specified in Section 3 shall have priority use of the Facilities at all times. Section 3. Subject to Section 2 above, School District agrees, to the greatest extent possible, to make the Facilities available for use by City residents during the term of this Agreement as follows: Palos Verdes Peninsula High School Swimming Pool: Saturdays and Sundays. 3:00 p.m. to 6:00 p.m. on 1-4

5 Miraleste Intermediate School Gymnasium: 5:00 p.m. to 7:00 p.m. on Tuesdays, except during the Palos Verdes Basketball season (generally from Thanksgiving through the end of February). Section 4. In addition to the written terms of use established between the Parties, City agrees that during the time periods set forth in Section 3 above when City residents are able to use the Facilities, City shall provide staff to supervise the use of the Facilities. With regard to the use of the swimming pool facilities, the City also shall provide at minimum of one certified lifeguard to supervise the use of the swimming pool by City residents. Section 5. The Parties agree to meet as necessary to discuss the use of the Facilities, the implementation of this Agreement and how the Facilities can best serve the needs of the School District, the City's residents, other groups licensed by the School District to use the Facilities, and the residents of other communities. Each year the School District and the City will meet to develop a written schedule and terms of use for the following year, which shall reflect, to the greatest extent possible, approximately the same number of hours of permitted use during the year by City residents as is set forth in Section 3 above. Any subsequent agreement between the Parties regarding the hours and days of use shall be documented in a separate written agreement between the Parties. Section 6. The official representative for School District shall be its Deputy Superintendent of Business Services or his/her designee. The official representative for City shall be its City Manager, or his/her designee. The official representative of each Party will be a point of contact for the other Party to facilitate use of the Facilities. Section 7. This Agreement shall remain in effect for five (5) years from the Effective Date, unless mutually extended in writing by both Parties. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the date first above written. PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT By:~~~~~~~~~~~~~~~~ CITY OF RANCHO PALOS VERDES 1-5

6 ATTACHMENT "A" DESCRIPTION AND MAP OF POOL FACILITIES.A. ~...:: >-w 1--r-----" , V- t/) II z... t :s 1 I ff i... l I : ,... lt...,...,.. :.~ Pool& 1-6

7 ATTACHMENT "B" DESCRIPTION AND MAP OF GYMNASIUM FACILITIES Gym& Restrooms

8 month residential treatment facility for abused and addicted women from the surrounding communities. At 8:54 P.M., Councilman Wolowicz left the dais, prior to the speaker regarding South Bay Children's Health Center. Tina Harris, Executive Director, South Bay Children's Health Center, San Pedro, requested continuing grant support of the organization which provides residents of the Peninsula community with dental, vision, and mental health needs. RECESS AND RECONVENE: Mayor Long called a recess from 8:54 P.M. to 9:11 P.M. At 9:11 P.M., Councilman Wolowicz returned to the dais after the recess. Councilman Wolowicz moved, seconded by Mayor Long, to grant specific amounts to various organizations. Council discussion ensued and each of the Council Members provided his suggested grant amounts for the various organizations, which staff displayed on a projected image of an Excel spreadsheet. Mayor Long withdrew his second from the motion. Councilman Stern moved, seconded by Councilman Wolowicz, to adopt staff recommendation No. 1 to incorporate payment for the performances provided by the Palos Verdes Symphonic Band ($800) and Shakespeare by the Sea ($1,200 plus. inkind services) into the Recreation and Parks Department's Special Events budget for FY11-12 and FY The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell, Misetich, Stern, Wolowicz, and Mayor Long Mayor Long moved, seconded by Councilman Misetich, to direct staff to incorporate a contribution of $80,000 to the Palos Verdes Peninsula High School (PVPHS) Pool Campaign in the FY11-12 Budget using Environmental Excise Tax (EET) and/or Quimby funds, subject to: a) the PVPHS Pool Campaign reaching its fundraising goal of $2.1 million; b) the Palos Verdes Peninsula Unified School District (PVPUSD) proceeding with replacing the existing pools rather than only renovating them, and c) the City entering into a joint use agreement with PVPUSD to allow the City to provide recreational programming at the new pool, either on a contract basis or using City City Council Minutes March 29, 2011 Page 5of7 1-8

9 resources; and, d) directed staff to explore the possible use of PVPUSD's other pool facilities for City-sponsored recreational programming. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Campbell, Misetich, Stern, Wolowicz, and Mayor Long Mayor Long moved, seconded by Councilman Stern, to adopt the amounts set forth in Mayor Pro Tern Misetich's column with the following modifications: a) reduction of the Chamber of Commerce amount to zero; b) reduction of the Peninsula Seniors allocation to $10,000; and, c) allocation of $5,000 to the Kiwanis Club. Councilman Stern suggested that that motion be split since Councilman Wolowicz was recusing himself from voting on the grants for the Norris Center for the Performing Arts and Soutti Bay Children's Health Center. Mayor Long moved, seconded by Mayor Pro Tern Misetich, to split the motion and award the grants for all of the following entities except Norris Center for the Performing Arts and South Bay Children's Health Center: Animal Lovers of the South Bay Chamber Orchestra of the South Bay Community Helpline Harbor Community Clinic Kiwanis Club of Rolling Hills Estates Los Serenos de Point Vicente Palos Verdes Library District (Annex) Peninsula Seniors Peninsula Symphony Association Pet Protector's League South Bay Chamber Music Society, Inc. South Bay Family Health Care Support for Harbor Area Women's Lives (SHAWL) $500 $500 $1,000 $4,000 $5,000 $7,000 $10,000 $10,000 $500 $2,000 $500 $5,000 $2,000 The motion passed on the following roll call vote: AYES: NOES: ABSENT: Misetich, Stern, Wolowicz, and Mayor Long Campbell At 9:58 P.M., Councilman Wolowicz recused himself from the dais for the discussion regarding amounts to be allocated to the Norris Center for the Performing Arts and South Bay Children's Health Center. City Council Minutes March 29, 2011 Page 6of7 1-9