Legislation Details

File #: HIST-24220    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 2/10/2014 Final action: 2/10/2014
Title: (1) Adoption of a Resolution Transmitting to the County of Los Angeles the Official City Response to the December 2013 Initial Study/Mitigated Negative Declaration for the Proposed Stoneview Nature Center Project Located at 5950 Stoneview Drive and (2) Approval of a Memorandum of Understanding Between the City of Culver City and the County of Los Angeles Department of Parks and Recreation for the Stoneview Nature Center Operation.
Attachments: 1. (1) Adoption of a Resolution Transmitting to the C - A-2__14-02-10__Stoneview Council Staff Report - FINAL.pdf, 2. (1) Adoption of a Resolution Transmitting to the C - A-2__Stoneview Nature Center Attachments Council 2.10.14.REVISED.pdf
City of Culver City, California Agenda Item Report RECOMMENDATION: Staff recommends the City Council (1) adopt a Resolution transmitting to the County of Los Angeles the official City response to the December 2013 Initial Study/Mitigated Negative Declaration for the proposed Stoneview Nature Center Project located at 5950 Stoneview Drive and (2) approve the Memorandum of Understanding Between the City of Culver City and County of Los Angeles Department of Parks and Recreation for the Stoneview Nature Center Operation. BACKGROUND: The County of Los Angeles (the “County”) has prepared an Initial Study/Mitigated Negative Declaration, dated December 2013 (“December 2013 MND”), for the Stoneview Nature Center project (the “Project” or “Nature Center”). On December 23, 2013, the County released for public review the December 2013 MND consisting of the environmental review of and mitigation measures for the Project. The public comments to the December 2013 MND are due to the County on February 20, 2014. Meeting Date: 02/10/14 Item Number: A-2 CITY COUNCIL AGENDA ITEM: (1) Adoption of a Resolution Transmitting to the County of Los Angeles the Official City Response to the December 2013 Initial Study/Mitigated Negative Declaration for the Proposed Stoneview Nature Center Project Located at 5950 Stoneview Drive and (2) Approval of a Memorandum of Understanding Between the City of Culver City and the County of Los Angeles Department of Parks and Recreation for the Stoneview Nature Center Operation. Contact Person/Dept.: Charles D. Herbertson, Public Works Dept. and Susan Yun, Planning Division Phone Number: (310) 253-5630 and (310) 253-5755 Fiscal Impact: Yes [x] No [] General Fund: Yes [x] No [] Public Hearing: [] Action Item: [x] Attachments: [x] Commission Action Required: Yes [ ] No [x] Date: N/A Public Notification: On 01/23/14 a public notice was mailed to property owners and occupants within the Blair Hills Neighborhood in Culver City; Meetings and Agendas – City Council (02/04/14). Department Approval: Charles D. Herbertson (02/04/14) City Attorney Approval: Carol Schwab (by H. Baker) (02/04/14) Fiscal Impact Review : Jeff Muir (02/04/14) City Manager Approval: John Nachbar (02/04/14) City of Culver City, California Agenda Item Report A Draft Initial Study/Mitigated Negative Declaration was previously prepared by the County for the proposed Project in June 2013 (“June 2013 MND”), and circulated for public review and comment for 60 days. The City Council considered Action Item A- 3 on August 12, 2013, which presented staff’s recommended comments. At that time, after considering the staff report and public testimony, the City Council adopted Resolution No. 2013-R057 transmitting to the County the City’s official response to the June 2013 MND. The City’s primary concerns were traffic, parking, and other impacts to the neighborhood should the Nature Center be overwhelmingly successful, similar to the Baldwin Hills Scenic Overlook. The City expressed issues specifically with increased traffic and spillover parking onto adjacent neighborhood streets should the Project site be unable to accommodate all of the parking onsite for users of the Nature Center and the proposed regional Park to Playa Trail, which connects to the Nature Center. Since the City Council meeting of August 12, 2013, City staff and County staff have been working on a Memorandum of Understanding (“MOU”) to further resolve the issues expressed in the City’s comments to the June 2013 MND. The MOU addresses, for the most part, operational issues that were not addressed in the June 2013 MND. The MOU is also presented to the City Council tonight for review and recommended approval (Attachment No. 2). The County prepared the December 2013 MND to address the public comments received on the June 2013 MND, and re-circulated the December 2013 MND for a second 60-day comment period. The December 2013 MND supersedes and replaces the June 2013 MND. Below is a summary of revisions to December 2013 MND which are based on comments received from the public during the initial review period for the June 2013 MND. The revised document changes include, but are not limited to, the following: • The rationale for the selection of the County as the Lead Agency for the environmental review of the Project was added, and a description of the land use consultation process on Culver City General Plan consistency for the County project was included. • The Project description was clarified and detailed for construction and operation activities at the Nature Center. • The baseline year for impact analysis was changed from 2010, when the facility was occupied by the Ohr Eliyahu Academy (school), to 2013, when the facility was vacant. • A traffic study and parking analysis for the onsite and off-street planned parking capacity was completed. • Discussion of the Park to Playa separate trail project was expanded. City of Culver City, California Agenda Item Report • Culver City thresholds of significance for traffic and noise were clarified and used to analyze the County project. • An acknowledgment was added indicating that future exploration and oil field development may occur within the adjacent Inglewood Oil Field south and southeast of the Stoneview Nature Center. • A discussion was added to address potential hazards to the oil field from potential cigarette smoking and vandals during construction and operations at the Stoneview Nature Center. • A discussion was added regarding: (1) stormwater runoff quantity and quality that may result from proposed construction and operations at the Stoneview Nature Center, and (2) a buried gasoline pipeline that traverses the property. • The geotechnical report and revised traffic study were included as appendices. • Other clarifying language was added throughout the document. The Project site is situated within the Blair Hills Neighborhood of Culver City and is located on the south side of Stoneview Drive, near Wrightcrest Drive and La Cienega Boulevard. Although the Project site is within the boundaries of the City, the County has determined they are the approving body on the Project, as well as the “Lead Agency” for purposes of conducting the environmental review for this Project under the California Environmental Quality Act (“CEQA”). The County Parks and Recreation Department will be operating and maintaining the Project. The Project site is currently owned by the Baldwin Hills Regional Conservation Authority (BHRCA) which, according to the County, plans to transfer the property to the County in the near future. Culver City received the December 2013 MND on Monday, December 30, 2013, and immediately distributed it to City Departments for review. The purpose of tonight’s meeting is to consider staff’s recommended comments on the December 2013 MND and the proposed MOU, receive public comment, and then accept or modify these comments for transmittal to the County. DISCUSSION: Project Description The Project site consists of five-acres located at 5950 Stoneview Drive in the City of Culver City, adjacent to the Kenneth Hahn State Recreation Area. The Project site was formerly operated as an elementary school (Ohr Eliyahu Academy) from 1995 to 2010, and was acquired by the Baldwin Hills Regional Conservation Authority (BHRCA) in 2011. The proposed Project includes demolition of the existing structures and the construction of a 4,000 square foot, one-story building with a City of Culver City, California Agenda Item Report multi-purpose room, staff office, restrooms, and a terrace with an observation area. A trail would connect the one-story building to various outdoor elements including an interpretive signage area, a botanical garden, nature grove, yoga deck, native garden area, demonstration/community garden, seating area, passive meadow, and an exercise area. Access to the Project is proposed from Stoneview Drive. A total of 61 parking spaces on a surface parking lot will be provided with a gate that separates a small 16-space parking area from a larger 45-space parking area. Adequacy of the Initial Study/Mitigated Negative Declaration A City staff team consisting of the Planning Division, the Public Works, Fire and Police Departments, and the City Attorney’s Office evaluated and prepared proposed comments on the adequacy of the December 2013 MND. Staff’s proposed detailed comments are set forth in Exhibit A of the proposed Resolution (Attachment No. 1). The following is a brief summary of the major issues and concerns with the MND, which are set forth in more detail in Exhibit A of the proposed Resolution: 1. Traffic/Parking/Access: • The December 2013 MND should include analysis and discussion of alternative routes of access to the proposed park that do not rely on local Culver City residential streets. • The proposed before and after traffic monitoring program should be expanded to include additional residential streets in the Blair Hills community that potentially could be impacted by the Project. • If the aforementioned monitoring program shows an increase in vehicle volume of over 120 cars on any residential street, additional measures should be taken to reduce the number of cars and/or mitigate the impact from the additional traffic. 2. Potential Impacts During Construction: • The December 2013 MND does not indicate any staging plans or routes that trucks will take during construction. The December 2013 MND should include a mitigation that requires all parking related to construction activities to occur on the project site. • The County should provide the City with the funds required to make the necessary repairs for any wear or tear on City streets as a result of Project construction. • There is insufficient information as to whether construction impacts to the area in the northwest corner of Project site that has been designated as a landslide hazard zone have been addressed. City of Culver City, California Agenda Item Report 3. Other Areas of Concern: • Inadequate estimation of the number of daily visitors to the Project site. • Incomplete information regarding the abutting parcels that may be owned by BHRCA. • Lighting impacts are not sufficiently described or addressed. • Insufficient information regarding landscaping proposed for the Project. • Project site soil should be tested for any contamination by past oil drilling activities. It is unclear whether a Phase I or Phase II environmental study was performed. • The Geotechnical report included in the study is inconclusive regarding the location of fault lines in the Project area and does not address the impact of irrigation on the poorly compacted fill over the Project site and related mitigations. • The City should have an opportunity to review drainage of the Project site since the site drains to City streets. A plan showing the existing and proposed contours needs to be submitted to the City for review during the design phase of the project. Memorandum of Understanding Many of the City’s concerns relating to the operation of the park have been addressed in the MOU that was developed jointly by the City and the County. Among other things the MOU does the following: • Allows for review of certain project design documents. • Limits construction hours. • Requires construction related vehicles to park on the construction site. • Clarifies the operation of the County-run shuttle service to the park. • Prohibits direction signage to the park on major boulevards. • Provides for funding for traffic mitigation, if needed. • Establishes a traffic monitoring program for the neighborhood surrounding the park. • Provides for additional free parking for Park to Playa trail users in Kenneth Hahn Park. • Provides for quarterly community meetings to discuss the impacts of park operation on the surrounding community. • Provides for monitoring of parking impacts for larger events held at the park. • Addresses the limitations on the number of larger events in the event that nuisance issues develop. • Incorporates all of the mitigation measures from the December 2013 MND. City of Culver City, California Agenda Item Report FISCAL ANALYSIS: The December MND is not specific enough to estimate the potential fiscal impacts to the City from the Project. However, unmitigated and significant impacts from the Project could result in significant costs to the City and its residents in the future. The types of fiscal impacts that the City can expect if the Project is implemented include but are not limited to: increased street infrastructure maintenance, increased demand for emergency, code enforcement and other City staff services due to Project operations. ATTACHMENTS: 1. Proposed Resolution, including Exhibit A containing detailed comments on the December 2013 MND 2. Proposed Stoneview Nature Center Memorandum of Understanding between the City of Culver City and County of Los Angeles MOTION: That the City Council: 1. Adopt a Resolution transmitting the official City response to the December 2013 Initial Study/Mitigated Negative Declaration for the proposed Stoneview Nature Center Project located at 5950 Stoneview Drive; and, 2. Approve the Memorandum of Understanding between the City of Culver City and County of Los Angeles Department of Parks and Recreation for the Stoneview Nature Center Operation; and, 3. Authorize the City Attorney to review/prepare the necessary documents; and, 4. Authorize the City Manager to execute such documents on behalf of the City. MEETING DATE: 2/10/14 AGENDA ITEM: Adoption of a Resolution Transmitting to the County of Los Angeles the Official City Response to the December 2013 Initial Study/Mitigated Negative Declaration for the Proposed Stoneview Nature Center Project located at 5950 Stoneview Drive. ATTACHMENTS Pages 1. Proposed Resolution, including Exhibit A containing detailed comments on the December 2013 MND 1-9 2. Proposed Stoneview Nature Center Memorandum of Understanding between the City of Culver City and County of Los Angeles 10-15 EXHIBIT A - CITY OF CULVER CITY RESOLUTION NO. 2014- R0___ Stoneview Nature Center Project Draft Revised Initial Study/Mitigated Negative Declaration Comments (5950 Stoneview Drive, Culver City, California) February 10, 2014 TRAFFIC /PARKING 1. Alternative Access to the Park: The proposed project, located at 5950 Stoneview Drive in the City of Culver City, includes demolition of the existing structures and the construction of a 4,000-square-foot one-story building that will include a multi-purpose room, staff office, restrooms, and a terrace and observation area (the “Project”). The traffic study and Initial Study/Mitigated Negative Declaration dated December 2013 (“December 2013 MND”) for the Project should analyze alternate routes via La Cienega Boulevard on/off ramps and the bridge to Kenneth Hahn State Recreational Area for construction vehicles and for permanent access to and from the Project site. It is noted that the alignment of the future trail system crosses the bridge to the Kenneth Hahn State Recreational Area and follows an existing dirt road that connects to the south side of the Project site. Use of this route would avoid Project generated traffic from traversing and potentially impacting several residential streets in the Blair Hills community. The Blair Hills community should have an opportunity to learn the pros and cons of having alternative access from the south side of the Project site and weigh in on the alternatives. This is a carryover comment from the City’s comments on the original Initial Study/Mitigated Negative Declaration dated June 2013 (“June 2013 MND”). 2. Parking Lot Design/Configuration: Due to a lack of information or explanation in the December 2013 MND, it can only be assumed that the 16 space parking area is intended for normal park use and the 45 space parking area is planned for use primarily for special events or overflow parking at the Project site. This information as to how the parking lot will be operated is critical to be included in the December 2013 MND as there will be potentially significant parking impacts and the public needs to know how these impacts will be minimized or eliminated. Separating the parking lots with a gate may further impact the situation rather than be beneficial. The proposed use and reason for the two separate parking areas as opposed to one bigger parking area is not explained or analyzed at all in the December 2013 MND. This is a carryover comment from the City’s comments on the June 2013 MND. 3. Analysis of Additional Street Segments: Table 4.16-11 on Page 4-90, shows that the project significantly impacts Lenawee Avenue and Stoneview Drive. The following additional street segments should be analyzed for potential impact: Wrightcrest Drive between Lenawee Avenue and La Cienega Exhibit A to Resolution No. 2014-R0__ Stoneview Nature Center IS/MND Page 2 of 6 February 10, 2014 Boulevard, Perham Drive between Ivy Way and Wrighcrest Drive, and Stoneview Drive between Wrightcrest Drive and the Project site. 4. T-MM-1 on Page 4-89 should be modified as follows: In order to mitigate potential residential street impact to a less than significant level, the County will establish a traffic monitoring program for the residential streets in the area, including but not limited to, Stoneview Drive between Lenawee Avenue and the project site, Lenawee Avenue between Wrightcrest Drive and Stoneview Drive, Wrightcrest Drive between Lenawee Avenue and La Cienega Boulevard, Perham Drive between Ivy Way and Wrighcrest Drive, and Stoneview Drive between Wrightcrest Drive and the project site “before” and “after” the Stoneview Nature Center is operating. The program will measure traffic volumes, speed, directions, and vehicle type for one week before construction of the Nature Center and then for one week approximately three to four months after the Nature Center is in full operation. 5. T-MM-2 states should be modified as follows: If the monitoring program shows an increase of 120 vehicles per day or more on any of the residential streets in the area is observed on Stoneview Drive or Lenawee Avenue, the County will fund and work with the City of Culver City to devise and implement measures to reduce the impacts of increased traffic. These measures may include traffic calming measures from the City’s Neighborhood Traffic Calming Program such as, but not limited to, additional signage, speed feedback signs, speed humps or speed tables, restrictions to the number and size of allowed park activities, or restrictions to or closure of access from the Stoneview Nature Center to the Park to Playa trail. The traffic calming measures will be funded within the traffic calming measures fund allocated in the Memorandum of Understanding related to the Stoneview Nature Center project between Los Angeles County and the City of Culver City. Additional monitoring will be required to test the effectiveness of the mitigation measures. If these measures do not reduce the project’s generated traffic to less than 120 vehicles per day, the City may require the County to take additional measures to mitigate the impact of the project. 6. Vehicle Occupancy: The Stoneview Nature Center Traffic and Parking Study indicated the average vehicle occupancy rate for people traveling to the Park is 2 persons per vehicle. The source is based on the 2009 National Household Travel Survey information published by the U.S. Department of Transportation, the average vehicle occupancy for cars was 1.59 persons per vehicle, vans was 2.35 persons per vehicle, and sport utility vehicles was 1.92 persons per vehicle. The average of these occupancy values 1.95 or 2 persons (rounded) per vehicle. Recreational land uses like the Nature Center are likely to be attended by groups of two or more persons arriving in a single Exhibit A to Resolution No. 2014-R0__ Stoneview Nature Center IS/MND Page 3 of 6 February 10, 2014 vehicle. The vehicle occupancy information is general and not specifically pertinent to vehicle occupancy for people traveling to parks. The average vehicle occupancy should be based on data from persons traveling to similar parks. Short of that, the average occupancy used for the traffic study should be 1.59, the rate for passenger cars. CONSTRUCTION IMPACTS 7. Potential Impacts During Construction: The December 2013 MND indicates the demolition of the existing facility is expected to take two to three months and the construction is anticipated to take 13-15 months. The traffic study and December 2013 MND must identify potential impacts on traffic during construction and potential mitigation measures. The December 2013 MND does not indicate any staging plans or routes that trucks will take during construction. The likely route will be through Wrightcrest Drive, Lenawee Avenue and Stoneview Drive which could potentially have significant parking and traffic impacts to the residents if not mitigated. The traffic study and December 2013 MND should include a construction management plan, including the haul route, the number of construction vehicles and where construction workers will park and the construction staging location. The traffic study and December 2013 MND must indicate that the County shall be responsible to repair any damage to streets in Culver City caused by construction vehicles or activities. Culver City will conduct a before and after evaluation of the streets to determine the level of impact to the streets caused by heavy construction traffic. This is a carryover comment from the City’s comments on the June 2013 MND. 8. Geotechnical Report: Also, it is unclear whether construction activities, which may generate heavy vibrations, will disturb the area in the northwest corner of the Project site that has been designated as a landslide hazard zone. A detailed discussion of this should be included in the December 2013 MND and in a geotechnical report. The geotechnical report should be appended to the December 2013 MND. This is a carryover comment from the City’s comments on the June 2013 MND. OTHER AREAS OF CONCERN Table 2-1: Project Number of Daily Visitors. 9. The December 2013 MND fails to estimate the number of visitors to the Project site during peak hours. Exhibit A to Resolution No. 2014-R0__ Stoneview Nature Center IS/MND Page 4 of 6 February 10, 2014 Figure 2-1: Project Location Map 10. Based on the current Assessor’s Map, Baldwin Hills Regional Conversation Authority (“BHRCA”) owns a 1.0 acre parcel that is contiguous to the east side of the Project site as well as other parcels abutting the Project site. Any BHRCA owned property surrounding the Project site should be identified in the December 2013 MND. Knowing the locations of these properties could influence the responses concerning the mitigations to the proposed Project. This is a carryover comment from the City’s comments on the June 2013 MND. Section 4.1 Aesthetics 11. Lighting Impacts: There is no mention of the type, height, and intensity of outdoor or exterior lighting proposed as part of this Project that might cause glare in the evening. There needs to be assurances in the December 2013 MND that any lighting or glare from the lighting shall be shielded sufficiently so as to prevent impacts to the residents in this neighborhood. The City should be given an opportunity to review a lighting plan in order to ensure that its residents are adequately protected from Project lighting impacts. 12. Landscaping: It is unclear in the December 2013 MND how there will be a “buffer” area between residences and the Project site. What types of trees are proposed? How tall will they be at planting? How long will they take to mature? The City should be given an opportunity to review a landscaping plan in order to ensure that its residents are adequately protected from Project visual and noise impacts. Section 4.6 Geology and Soils 13. The Geotechnical Investigation Report states the scope of work for this report did not include performing a geologic-seismic hazards evaluation of the subject site. However, this firm prepared a fault rupture hazard investigation at this same site for the Ohr Eliyahu Academy in 2010. Fault trenches were dug 5 to 16 feet deep and faults were encountered that were deemed to be associated with the active Newport-Inglewood fault zone. Furthermore, The Alquist-Priolo map for this area (Beverly Hills Quadrangle) shows a fault considered to have been active during Holocene time and to have a relatively high potential for surface rupture and which has been accurately mapped. These fault lines should be shown and identified in a Geotechnical Investigation Report and on the Conceptual Site Plan. As such, an additional geotechnical report should be prepared during Project design that addresses any mitigation factors that may need to be implemented during construction of the Project, and after completion of the Project. The final recommendations on the location and structural foundation design of the proposed building may be required to be revised based on the locations of these faults. In addition a Exhibit A to Resolution No. 2014-R0__ Stoneview Nature Center IS/MND Page 5 of 6 February 10, 2014 major concern in constructing buildings and landscape areas within an earthquake fault zone is the future settling of the ground due to increase loads and watering within the fault zone area. This should also be addressed in the geotechnical report. 14.The Geotechnical investigation Report has plotted the 50 foot building setback lines on Exhibit 2 of the report. However there is not discussion as to how the limits of these lines were determined. Why does the easterly setback line have such a prominent angle break at its northerly end? 15. A 6-inch Chevron petroleum pipeline has been identified that traverses the Project site having only 2 feet of cover. Culver City records indicate that this line contains gasoline which is highly flammable and extremely volatile if improperly disturbed. The Geotechnical Investigation Report should prepare an in-depth analysis of how this pipeline should be protected during construction and recommend final design parameters to insure the pipeline will be able to withstand the loading of future vehicular traffic. 16. There is an existing steep slope along the Project site’s westerly boundary that has partially failed in the past. The Geotechnical investigation Report should recommend remedial measures for this slope and any other unstable slopes on the site. Section 4.8 Hazards and Hazardous Materials 17. An environmental investigation and report appears to have been completed in 2010 but because it was not provided as part the December 2013 MND, the City was not able to review the study and it is not known if the report adequately addressed potential soil and groundwater contamination on the Project site and any mitigation that may be necessary. Also it is unclear whether a Phase I or Phase II environmental study was performed. Section 4.9 Hydrology and Water Quality 18. A conceptual hydrology study and grading plan should be prepared to determine the proposed drainage patterns and the amount of storm runoff generated from the 25-year frequency rainfall that will be discharged from the Project site and possibly impact Culver City streets. 19. Both the SWPPP and SUSMP should be reviewed by Culver City staff and the City’s recommendations should be incorporated into these plans prior to approval by Los Angeles County. The City of Culver City will be responsible for accepting and accommodating any and all storm and non-storm water during construction and post construction and therefore should have the Exhibit A to Resolution No. 2014-R0__ Stoneview Nature Center IS/MND Page 6 of 6 February 10, 2014 opportunity to review and make corrections to these plans prior to final approval. 20. Since the site drains to Culver City streets, the City should be given an opportunity to review the grading plan for the Project during the Project design stage and prior to the on-set of construction. 1 FINAL DRAFT - #6 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CULVER CITY AND COUNTY OF LOS ANGELES DEPARTMENT OF PARKS AND RECREATION FOR THE STONEVIEW NATURE CENTER OPERATION This Memorandum of Understanding (MOU) is made and entered into this _______ day of ______________, 2014 between the City of Culver City (City) and the County of Los Angeles Department of Parks and Recreation (County) regarding the design, construction and operation of the Stoneview Nature Center site (Center). WITNESSETH WHEREAS, the County is the owner of the property located on 5950 Stoneview Drive, Culver City CA 90232 (Property), adjacent to the Kenneth Hahn State Recreation Area (Hahn Park), and is committed to providing recreational opportunities and services to residents of Los Angeles County; and WHEREAS, the 5-acre Property is located within the City of Culver City, and the City is also committed to providing its residents with recreational opportunities and services; and WHEREAS, the Center will be funded jointly by the Baldwin Hills Regional Conservation Authority and the Baldwin Hills Conservancy; and WHEREAS, the construction of the Center will include a community building, gardens, landscaping, walking paths, parking lot, and other site amenities. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: I. PURPOSE The purpose of this MOU is to set out terms and conditions under which the City and County agree to cooperatively work together addressing Center-related matters for mutual benefit of the community. II. DESIGN City shall be provided an opportunity to review and comment on scoping documents during the design process of the Center. The City shall provide comments to the County of Los Angeles Department of Public Works (DPW) within two (2) weeks of receipt in order to ensure prompt consideration. 2 III. CONSTRUCTION Construction of the Center shall only take place between 8:00 a.m. and 5:00 p.m. Monday through Friday; no construction shall take place on weekends/holidays. Debris shall only be removed from the site between 9:00 a.m. and 4:00 p.m. Monday through Friday. All construction related vehicles will be parked on the Center site. There will be no parking of construction related vehicles (including construction workers) in the adjoining neighborhood. DPW will designate Alioune Dioum, Project Manager, with the County Public Works Department as the ombudsmen who will address any questions or concerns during the construction process. A sign will be posted with the project manager’s contact information. IV. TRAFFIC ALLEVIATION Since January 2013, DPW has operated a community shuttle, known as The Link: Baldwin Hills Parklands (Shuttle), which runs on a loop from the Exposition Line Light Rail Station at La Cienega Boulevard to the Baldwin Hills Scenic Overlook and Hahn Park. Once the Center is completed, the route of the Shuttle will be modified to also stop at the Center on weekends and holidays from 8:00 a.m. to 5:00 p.m. The shuttle loop runs approximately every 20-25 minutes. The modified route will be maintained as long as there is a demonstrated demand for the service (an average of five passengers per hour during the highest two hours of usage during the day). However, if demand is consistently low, the County will work with the City to promote the Shuttle before modifying or halting the route. There shall be no directional signage to the Center from nearby thoroughfares and intersections including but not limited to Jefferson Boulevard and La Cienega Boulevard. County shall allocate $100,000 for potential future traffic and parking analysis and potential traffic-calming and parking mitigation measures, should the City, in collaboration with the County, determine such measures are needed after the Center opens. If mitigation measures prove to be inadequate and if, in particular, parking demand exceeds supply at the site or an increase in daily traffic of 120 vehicles or more attributable to the Center is measured on any of the surrounding City streets, the City may require, in consultation with the County, additional mitigation measures (funded by the County), including restrictions on the number or size of park activities or closing/restricting trail access from the park. A traffic monitoring program should be established that includes taking “before- project” traffic counts and parking surveys on Stoneview Drive and Lenawee Avenue between Stoneview Drive and Wrightcrest Drive, and traffic counts on Wrightcrest Drive between Lenawee Avenue and La Cienega Boulevard, Wrightcrest Drive between Stoneview Drive and Lenawee Avenue, Lenawee Avenue between Wrightcrest Drive and Ivy Way, Perham Drive between Ivy Way and Wrightcrest Drive and Stoneview Drive between Wrightcrest Drive and the School site prior to construction, and “after-project” traffic counts and parking surveys once the Stoneview Nature Center is open and operating. The before 3 and after data will be compared to determine the actual increase in daily traffic and parking utilization associated with the project and be used in determining the need for further mitigation as previously stated. The County will meet and confer with the City on any proposed changes. V. PARKING It is anticipated that the Center and associated parking lot shall be open daily for public access from 8:00 a.m. to 5:00 p.m. (unless otherwise noted for night community meetings, voting, and special programs). Parking shall be provided to the public free of charge and vehicular access shall be controlled. County shall designate a specific parking area at Hahn Park for users of the planned Park to Playa trail. Approximately 20-30 parking spaces shall be located at the entrance to the Olympic Forest and shall be free of charge for trail users. The parking spaces shall be constructed in coordination with the Park to Playa improvements planned for Hahn Park; construction is scheduled to begin in 2014. The Center shall consist of low-impact design features consistent with the schematic plan presented to the community, which was designed to limit parking demands. The County will meet and confer with the City on any proposed changes. VI. PARK ACTIVITIES AND OPERATIONS PLAN Consistent with the plans envisioned during the community planning process, park activities shall generally consist of passive uses including, but not limited to, small organized tours through the facility and gardens, planting in the community gardens, yoga classes, walking, and cooking demonstration classes. It is anticipated that the building at the Center site shall be staffed daily by County employees from 8:00 a.m. until 5:00 pm. (unless otherwise noted for night community meetings, voting, and special programs). The building shall also be made available on a scheduled basis to the Blair Hills Neighborhood Association and other local homeowner and community organizations for meetings and events including, but not limited to, voting, disaster preparedness, and other educational workshops. No amplified music or alcoholic beverages will be allowed; however, this policy will be reviewed and reevaluated as necessary at quarterly community meetings. For all events at the Center attracting a large number of people (over 50 and up to 100), parking utilization shall be monitored and reported by County park staff to see if the on-site parking is adequate to accommodate the combined parking demand from the event and other park visitors. The County shall notify the City in advance of all such events during the first year of operation so that the City will 4 be able to independently verify that on-site parking demand is being met. If the County and City jointly determine that the parking demand cannot be accommodated on-site, the maximum size of future events will be reduced accordingly. In addition to the above, if noise complaints or other nuisance issues related to events become a problem, the County and City will work cooperatively to alleviate the problem, either through additional controls on the type of events allowed, the time of day that these events are scheduled, a reduction in the number of such events at the facility, and/or by reducing the size of future events. The County will restrict the number of events over 50 and up to 100 attendees, to no more than twelve per year. The County will meet and confer with the City on any proposed changes. A formal operations plan shall be drafted by the County. VII. CONFORMANCE WITH THE REVISED INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION FOR THE STONEVIEW NATURE CENTER The County will fully implement, comply with, and enforce all of the mitigation measures set forth in the Revised Initial Study/Mitigated Negative Declaration for the Stoneview Nature Center to the extent required by law. The requirements of this MOU should be considered additive to and not in place of such mitigation measures. In the event of a conflict in the requirements of the two documents, the more stringent requirement will apply. VIII. QUARTERLY COMMUNITY MEETINGS County shall meet quarterly with community stakeholders and City representatives to review and address traffic, parking and other concerns associated with the Center site. This shall be coordinated through the Blair Hills Homeowners Association. These meetings shall continue until they are jointly determined to no longer be necessary by the County, City, and Blair Hills Homeowners Association. The County will meet and confer with the City on any proposed changes. IX. AMENDMENTS This MOU may only be amended by mutual consent of both parties. Neither verbal agreements nor conversation by any officers, employees and/or representatives of either party shall affect or modify any of the terms and conditions of this MOU. Any change to the terms of this MOU, including those affecting the responsibilities of the parties shall be incorporated into this MOU by a written amendment that is properly executed. X. DELEGATED AUTHORITY 5 The Director of the County of Los Angeles Department of Parks and Recreation will have the delegated authority to sign this agreement on behalf of the County and the authority to execute any changes to said agreement and subsequent renewals. XI. GENERAL PROVISIONS A. Applicable Law The terms of this MOU shall be interpreted according to the laws of the State of California. If litigation arises out of this MOU, the venue shall be in the Superior Court of Los Angeles County. The parties hereto shall be bound by all federal, state and local laws, ordinances, regulations, and directives pertaining to the services to be performed hereunder. B. Rights and Remedies Are Cumulative Except as otherwise expressly stated herein, the rights and remedies of the parties are cumulative, and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party. Except as otherwise expressly stated herein, neither party is waiving any rights or remedies it may have under applicable law, and no such waiver will be implied or inferred in the absence of express language of any such waiver. C. Attorney Fees Each party shall bear its own attorney’s fees and other costs in any legal action or other proceeding including arbitration or an action for declaratory relief brought between the parties to enforce this MOU or because of a dispute, breach, default, or misrepresentation in connection with this MOU. D. Further Acts Each party hereto shall execute such further documents and do such further acts as may be reasonably required to effectuate the parties’ intent and carry out the terms of this MOU. E. Severability If any clause, provision or section of this MOU shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or section shall not affect any of the remaining provisions. F. Authority Contingent upon approval of the respective governing boards, each person executing this MOU on behalf of a party hereby represents and warrants that (i) the signatory hereto has authority to sign on behalf of the stated party, (ii) such authority has been duly and validly conferred by that party’s governing body, and (iii) said entity has full right and authority to enter into this MOU. 6 IN WITNESS WHEREOF, the City of Culver City and the County of Los Angeles Department of Parks and Recreation hereto have executed this MOU on the day, month, and year first written above. THE CITY OF CULVER CITY By____________________________________ ______________________________________ Date Title: __________________________________ APPROVED AS TO FORM: County Counsel By:________________________________ COUNTY OF LOS ANGELES DEPARTMENT OF PARKS AND RECREATION By _________________________________________ _________________________________________ Date Title:_____________________________________ Date: ________________________________ Culver City, City Attorney By:________________________________ Date:________________________________