RPVCCA_CC_SR_2013_11_06_01_PVPUSD_Swimming_Pool_UseCITY OF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
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 ~
Project 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
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 2011.
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, 2013.
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
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\20131106_PVPUSDJointUseMOU_StaffRpt.docx
1-3
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 27118 Silver Spur Road, Rolling
Hills Estates CA 90274-2300, known as Palos Verdes Peninsula High School, and owns
property located at 29323 Palos Verdes Drive East, Rancho Palos Verdes, CA 90275-6470,
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 §66477 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: 3:00 p.m. to 6:00 p.m. on
Saturdays and Sundays.
1-4
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
ATTACHMENT "A"
DESCRIPTION AND MAP OF POOL FACILITIES
z
.A. ~....:: >-w
1--r-----"-------.,...-----. • V-
II
t/)
............................................... £
t :s 1 I ff i I . • .. • l
: ... 1 .. , ............ lt ................ , ............ , .. :
.~ -.. -• 1
Pool&
1-6
ATTACHMENT "B"
DESCRIPTION AND MAP OF GYMNASIUM FACILITIES
46
Gym&
Restrooms
1-7
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. in-
kind services) into the Recreation and Parks Department's Special Events budget for
FY11-12 and FY12-13.
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Campbell, Misetich, Stern, Wolowicz, and Mayor Long
None
None
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
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:
Campbell, Misetich, Stern, Wolowicz, and Mayor Long
None
ABSENT: None
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)
The motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Misetich, Stern, Wolowicz, and Mayor Long
Campbell
None
$500
$500
$1,000
$4,000
$5,000
$7,000
$10,000
$10,000
$500
$2,000
$500
$5,000
$2,000
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