City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council approve Amendment No. 1 to Settlement
Agreement between the City of Culver City (City) and the Los Angeles Community
College District (District) regarding the 2010 Supplemental Environmental Impact
Report for 2009 West Los Angeles College (College) Facilities Master Plan.
BACKGROUND:
On August 9, 2005, the City and the District entered into a Settlement Agreement
(2005 Settlement Agreement) which stemmed from a potential legal challenge from
the City regarding the perceived inadequacies of the District’s 2005 Final
Environmental Impact Report (2005 FEIR) that was prepared for the 2005 College
Facilities Master Plan (2005 Master Plan). The 2005 Settlement Agreement
contains various terms, provisions and understandings regarding the 2005 FEIR
including the location of the second access road, the nature of the proposed traffic
mitigation measures for the project, and parking impacts.
Currently, staff recommends that the City Council approve an amendment to the
2005 Settlement Agreement which includes terms and understandings regarding the
2010 Supplemental Environmental Impact Report (2010 SEIR).
Meeting Date: 07/12/10 Item Number: A-1
CITY COUNCIL AGENDA ITEM: Approval of Amendment No. 1 to the Settlement
Agreement Between the City of Culver City and the Los Angeles Community
College District Regarding the 2010 Supplemental Environmental Impact Report
for the 2009 West Los Angeles College Facilities Master Plan.
Contact Person/Dept.:
Charles D. Herbertson / Public Works and
Susan Yun / Community Development
Phone Number:
(310) 253-5630 and (310) 253-5755
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x]
Commission Action Required: Yes [] No [X] Date: _______________
Public Hearing: [] Action Item: [x] Attachments: [ x]
Public Notification: (Email) Meetings and Agendas – City Council (07/07/10), Culver
Crest Homeowners Association, Raintree Homeowners Association and West Los
Angeles Community College (07/08/10).
Department Approval:
Charles D. Herbertson (07/06/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/08/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (07/07/10)
City Manager Approval:
P. Lamont Ewell (07/09/10) City of Culver City, California
Agenda Item Report
In March 2010, the District circulated the Draft 2010 SEIR for the proposed 2009
College Facilities Master Plan (2009 Master Plan). The Draft 2010 SEIR evaluates
the environmental effects associated with the modifications to the previously
approved 2005 Master Plan and 2005 FEIR. Among these modifications are the
following:
• Proposed change to allow start of construction one hour earlier (7am
compared to 8am) and end two hours later (8pm as compared to 6pm).
• Extends campus construction period by three years from 2010 to 2013.
• Reduction in on-campus student population projections along with
corresponding reductions to proposed parking supply.
• Various changes to proposed buildings resulting in a net building area
increase over the 2005 Master Plan.
• Elimination of an Ombudsman position and replacement with a construction
“hot-line” to handle community issues relating to college construction.
• Addition of the 9-acre 10100 Jefferson Boulevard site to the 2009 Campus
Facilities Master Plan.
Detailed comments and concerns regarding the 2010 Draft SEIR were adopted by
the City Council and the Agency Board on April 5, 2010 by Resolution No. 2010-
R021 and Resolution No. 2010-A001, respectively.
Since the submittal of the City and Agency’s comments on the Draft 2010 SEIR, two
groups (one group consisted of City staff and counsel and District staff, counsel and
the EIR consultant; the other group consisted of representatives from the Culver
Crest and Raintree Homeowners Associations (HOA), Culver City’s City Manager
and the President of the College) have met to work on several core issues.
This process has allowed the City and HOAs to work with the District in a
cooperative process to modify the Final 2010 SEIR language to address issues
raised by the City and its residents and in addition has resulted in the production of
an amendment to the 2005 Settlement Agreement that seeks to protect the City’s
residents from the impacts of construction to the extent reasonable and feasible
while allowing the District to complete construction of new College facilities in an
efficient and cost effective manner. The agreement also seeks to bring resolution to
the issue regarding resident access to college facilities by providing for a mechanism City of Culver City, California
Agenda Item Report
to allow such access while also serving the District’s interest in protecting the
facilities.
DISCUSSSION
The proposed Amendment No. 1 to the Settlement Agreement (Amendment) covers
twelve issue areas:
1.) Construction Hours: In its Draft 2010 SEIR, the District had originally proposed
construction hours starting at 7 am (as opposed to 8 am) and ending at 8pm (as
opposed to 6 pm) as provided for in the 2005 FEIR. The District’s concern was
efficiency of construction and a desire to better conform to standard construction
industry work hours. The City’s concerns were impacts to the nearby residential
areas of Culver City. The Amendment limits general construction activity to the
hours between 8 am and 6 pm on weekdays and 9 am and 4 pm on Saturdays
with Sunday construction prohibited as originally stated in the 2005 FEIR.
However, an exception is provided that allows for work on the interior of
buildings, following the completion of building shells, to begin at 7 am provided
certain stipulated noise limits are not exceeded.
2.) Emergency and Limited Construction Activity Hours: This provision allows
for emergency construction activities necessary to address unexpected threats
to life or property at any time and provides for limited construction activity
between the hours of 6 am and 8 am to allow for special construction activities,
such as major concrete pours for buildings, which require extended construction
hours. The College will provide two weeks’ notice to the City for these special
construction events requiring extended hours and will use feasible measures to
mitigate sound impacts between the hours of 6 am and 8 am.
3.) Haul Road and Secondary Access Road: The District agrees to discontinue
use of the temporary haul road which is located closer to residential areas.
Future construction traffic will use the new secondary access road entering off of
Jefferson Boulevard.
4.) No Cut-Through Vehicular Travel Via Campus Streets: Residents have long
had a concern that a cut-through traffic problem could appear after the
secondary access road was installed. The District and the City have agreed to
closely monitor for significant cut-through traffic. The District and the City have
agreed to work with LA County to install a traffic signal or traffic signage
restricting turning movements or other measures if required to stop cut-through
traffic from occurring.
City of Culver City, California
Agenda Item Report
5.) Student Population Impact Studies and Impacts Exceeding Threshold: The
District has reaffirmed its previous agreement to conduct additional traffic impact
studies if the total student enrollment at the campus exceeds 18,000 students. If
additional impacts are identified, the District has agreed to mitigate these
impacts. The traffic impacts from the 2005 FEIR were designed to mitigate a
total campus enrollment of 22,360 students with an estimated on-campus
enrollment of 18,904 students. Thus, additional traffic impact studies will ensure
that there is adequate mitigation in place in the event that campus enrollment
exceeds the estimates contained in the 2005 FEIR.
6.) On-Campus Student Parking Threshold: The District has agreed to limit on-
campus student population to 10,998 until they demonstrate that adequate
parking is available to meet demand above that number.
7.) Mitigation Hotline: The 2005 FEIR and 2005 Settlement Agreement require
that the College have an Ombudsman assigned to work with residents’ issues
relating to construction or general campus activities. The Amendment calls for
replacing the Ombudsman with a 24 hour hotline that will be used to route
complaints received to the appropriate person within the College organization.
The District has indicated that generally calls will be responded to or at least
acknowledged within a 24 hour period or the next business day.
8.) Community Liaison and Special Events Liaison: The College will appoint a
community liaison who will generally be available during the week during normal
business hours (8 am to 5 pm). The College will also assure that a Special
Event Liaison is available onsite during special events. Complaints will be
received by the Sheriff Deputy on duty at the College and will be relayed by the
Sheriff Deputy to the Special Event Liaison to take appropriate action.
9.) Meetings: The City and the College will jointly facilitate a meeting with the
community twice a year. This will provide an opportunity for community
members to address any concerns that have not been addressed through the
hotline or Community liaison process, to ask questions, and to learn about
upcoming plans for construction and events at the College.
10.) Bus Routes: The City and College have agreed to discontinue bus service onto
the campus. Bus riders will get on and off the bus at the bus stop on Overland
Avenue. Handicapped or special needs riders will receive shuttle service from
the College. This change has addressed a longstanding complaint regarding
noise from bus operations on the campus.
11.) Residential Identification Permit System: This permit system will allow Culver
City residents to utilize outdoor campus facilities such as the track when not City of Culver City, California
Agenda Item Report
otherwise in use by the College or access restricted due to construction
activities. Construction activities that will result in restrictions will be reviewed
with the City before restrictions are placed into effect. The permit system will
enable the College to have better security by establishing a method of controlling
who has access to campus facilities.
12.) 10100 Jefferson Boulevard Property: The Amendment refers to the Final
2010 SEIR’s requirement that any development on this parcel of non-classroom
related uses will be subject to City approvals and requirements.
In addition to the above issues, many residents have expressed concerns regarding
College students parking on residential streets surrounding the campus. The 2005
Settlement Agreement contains language regarding this concern. The City and the
District agreed to adopt Neighborhood Parking Impact Guidelines that are modeled
after the City’s current guidelines for the formation of preferential parking districts. In
accordance with the Amendment, if it is determined that an adverse parking impact
exists, the District shall propose effective mitigation measures to the City and shall
implement said measures that are approved by the City. In accordance with this
provision, the City has requested the District to conduct a neighborhood parking
impact analysis during the beginning of the upcoming fall semester.
The City has requested that the language of the Final 2010 SEIR be modified with
the issuance of an Errata Sheet to be consistent with the language in the
Amendment. Also, as a result of the negotiations between the City and the District,
other items in the Final 2010 SEIR have been modified to provide better clarity and
in some cases to further protect the interests of the City and its residents.
Final 2010 SEIR
The District has prepared the Final 2010 SEIR which includes Response to
Comments from various individuals and agencies on the Draft 2010 SEIR. The
District has scheduled a public hearing on the Final 2010 SEIR for July 14
th
. On
August 11
th
the District is scheduled to consider the Final SEIR for certification and
adoption of the 2009 Master Plan.
FISCAL ANALYSIS:
The approval of Amendment No.1 to Settlement Agreement will not result in any
fiscal impacts to the City related to the College’s project.
City of Culver City, California
Agenda Item Report
ATTACHMENT:
Amendment No.1 to Settlement Agreement
MOTION:
That the City Council:
1. Approve Amendment Number 1 to the Settlement Agreement between the
City of Culver City and the Los Angeles Community College District
regarding the 2010 Supplemental Environmental Impact Report for the 2009
West Los Angeles College Facilities Master Plan; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.
MEETING DATE: 7/1212010
AGENDA ITEM: Approval of Amendment No. 1 to the Settlement
Agreement Between the City of Culver City and the Los
Angeles Community College District regarding the 2010
Supplemental Environmental Impact Report for the 2009
West Los Angeles College Facilities Master Plan.
ATTACHMENT
Pacies
I. Amendment No. 1 to Settlement Agreement. 1-10AMENDMENT NO. 1 TO
SETTLEMENT AGREEMENT
between
LOS ANGELES COMMUNITY COLLEGE DISTRICT
and
CITY OF CULVER CITY
[Draft Amendment No. 1 to Settlement Agreement - 07/08/10]AMENDMENT NO. 1 TO SETTLEMENT AGREEMENT
This Amendment No. 1 to Settlement Agreement ("Amendment") is dated as of June
, 2010, and entered into by and between the Los Angeles Community College District, a
California community college district (the "District") comprised of nine community colleges,
- including the West Los Angeles Community College (the "College"), and the City of Culver
City (the "City") (the District and the City are collectively the "Parties").
RECITALS
WHEREAS, the District and the City have previously entered into a Settlement
Agreement dated August 8, 2005 ("Settlement Agreement"); and,
WHEREAS, the West Los Angeles College 2009 Facilities Master Plan has been
prepared which proposes the continued physical development and improvement of the campus
including, inter alia, construction of new facilities, renovation of and additions to existing
facilities, demolition of several existing facilities, parking structure, landscaping and open space
(collectively the "Project'); and,
WHEREAS, in compliance with the California Environmental Quality Act ("CEQA"),
the District as lead agency on the Project caused, on or about March 2010, the circulation of a
Draft Supplemental Environment Impact Report ("DSEIR") to evaluate the potential
environmental impacts resulting from the Project, and identify feasible measures to mitigate any
significant environmental impacts resulting from the Project: and,
WHEREAS, during the public review and comment period following the publication of
the DSEIR, the City submitted formal written comments on April 21, 2010 concerning the
DSEIR with respect to the Project, the adequacy of the DSEIR, and the proposed mitigation
measures included in as part of the DSEIR; and,
WHEREAS, in the spirit of cooperation, the Parties representatives have met to resolve
these concerns.
WHEREAS, the Parties desire to amend the Settlement Agreement to clarify the
agreements reached as to certain key issues between the Parties.
NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions
contained herein, the District and the City agree as follows:|1010|Draft Amendment No. 1 to Settlement Agreement— 07/08/101. Construction Hours. It was previously agreed between the Parties in the 2005
FEIR mitigation measures that Culver City Municipal Code Section § 9.07.035 (A) would
control for the start time of construction activities on the College's 2005 Master Plan.
Therefore, under this Amendment, construction activity on the West Los Angeles College
2009 Facilities Master Plan shall be limited to the hours of 8:00 a.m. to 6:00 p.m. weekdays and
9:00 am to 4:00 pm Saturdays with construction prohibited Sundays and national holidays.
Except, limited construction activity shall be permitted between 7:00 a.m. and 8:00 a.m. only if
all such construction noise generating activity occurs within the interiors of fully completed
building shells (i.e., all exterior walls must already have been completed and roof, windows and
doors already have been installed), and provided further that the noise audible outside of the
building within which such internal construction is being performed does not exceed
Culver City noise standards, and the noise levels do not exceed 55 dBA in multi-family
residential areas and 53 dBA in single-family residential areas. On weekdays between 7:00 a.m.
and 8:00 a.m., should noise monitors show an increase in noise levels above that described in
this Section, and the increase is due to construction activities caused by the College, then
construction activities shall be changed to reduce the noise to a level consistent with the
requirements of this Section or construction shall be postponed until 8 a.m.
2. Emergency and Limited Construction Activity Hours. The College may
engage in (1) construction activity at all other times to the extent the construction activity is
necessary to address unexpected emergencies that threaten life or property, or (2) limited
construction activity (anticipated to be confined to concrete pours, oversized delivery / removal
and associated work) between 6:00 a.m. and 8:00 a.m., provided that a variance is obtained from
the LA County Health Officer for any work between 7:00 p.m. and 7:00 a.m., and further
provided that at least two weeks advance notice of such limited construction activity is given by
the College Project Manager to the City. The College will also post notice of such limited
activity on the College web site. The City will distribute this notice, or provide a link to the
information on the College website, to the College web group to be established by the City.
Noise impacts from such activity shall be mitigated to the extent feasible through the use of
sound blankets, and either disabling back-up beepers to the extent permitted by law and if
considered not to decrease safety to the workers and public, or minimizing the use of back-up
beepers.
3. Haul Road and Secondary Access Road. The District has already discontinued
use of the temporary haul road that was previously used to connect the north side of the College
campus to Jefferson Boulevard and the Secondary Access Road ("College Boulevard") is now
complete. Hereafter, all construction vehicles shall enter the College campus via College
Boulevard, and all large trucks with more than two axles shall enter College Boulevard by
traveling west on Jefferson Boulevard and making a left turn into the College campus.
4. No Cut-Through Vehicular Travel Via College Campus Streets. The Parties
agree that College Boulevard shall be closed from 11:00 p.m. to 6:00 a.m. The District shall
attempt to maintain College Boulevard in such a manner that (except in the case of an
emergency) it is impracticable at all times to use College Boulevard as a cut-through from
Jefferson Boulevard to Overland Avenue. If the District and the City determine College|1010|Draft Amendment No. 1 to Settlement Agreement 07/08/10Boulevard is being used as a cut-through from Jefferson Boulevard to Overland Avenue, then the
Parties will work with Los Angeles County to install appropriate traffic control mechanisms to
further discourage cut-through traffic.
5. Student Population Traffic Impact Studies and Impacts Exceeding
Threshold. The Parties agree to the following contingency regarding student population traffic
impact report requirements, even though current projections do not anticipate that the total
student enrollment will reach 18,000 by 2022. (Total students enrollment is defined as follows:
a count of actual students including on-campus, on-line and other off-campus students, but not
full time equivalent students). The District shall initiate new traffic impact studies once total
student enrollment exceeds 18,000 students. Studies shall be planned and undertaken to ensure
that impacts are identified and mitigated well in advance of the actual on-campus student
population reaching 18,000. The District will study and mitigate any residual traffic impacts that
exceed the projected impacts and associated mitigation identified in the 2005 FEIR (based on the
on-campus student population of 18,904 students utilized in the 2004 traffic impact report for the
2005 FEIR).
6. On-Campus Student Parking Threshold. Total on-campus student population
at the College shall not exceed 10,998 students (based on a count of actual on-campus students,
not "full-time equivalent" students) unless and until it is demonstrated that adequate parking
spaces are supplied to meet student parking demand. (Using the most recent parking use ratio of
one space per seven students, 2,143 spaces should be sufficient to meet the demand from 15,000
on-campus students. It is anticipated there will be 2,650 spaces on-site not including on-street
spaces. Current projections indicate that no more than 10,998 on-campus students are
anticipated through 2022).
7. Mitigation Hotline. The District shall provide a Mitigation Hotline (telephone
and e-mail) during the period of construction of the projects to ensure that the mitigation
measures adopted by the District are implemented and to facilitate, to the extent feasible, the
prompt resolution of any issues that may arise relating to such matters. The Mitigation Hotline
replaces the construction ombudsman position. The District shall respond to identified concerns
as soon as feasible and a response reporting actions taken shall be provided to callers in a timely
manner, usually within 24-hours or on the first business day following a weekend or holiday. In
accordance with better practices, after six months of operation, the Parties shall assess the
effectiveness of the Mitigation Hotline and shall make adjustments as required. The District is
committed to enforcing mitigation commitments on the College campus.
8. Community and Special Events Liaisons. The District shall identify an
employee or authorized agent to serve as the College's Community Liaison, who shall be
available to respond to questions or concerns from the surrounding community concerning
campus operations (campus activities and other matters relating to the College campus and the
roads surrounding the campus) and facilitate, to the extent feasible, the prompt resolution of any
issues that may arise relating to such matters. The Community and Special Event Liaisons
replace the special event ombudsman position. The Community Liaison shall be available
during business hours (8:00 a.m. to 5:00 p.m. Monday through Friday excluding official
holidays) to respond to community concerns in a timely manner. The Community Liaison shall|1010|Draft Amendment No. 1 to Settlement Agreement— 07/08/10have authority to initiate a response on behalf of the College and the District in foreseeable
matters and, without limiting the generality of the foregoing, shall have the authority to terminate
an event in accordance with District rules and regulations.
The District shall identify an employee or authorized agent to serve as the College's
Special Events Liaison, who shall be available onsite to respond to community concerns in a
timely manner during special events. Any questions or concerns from the surrounding
community concerning the College campus special event activity during the time such activity is
taking place shall be addressed by calling the College campus Sheriffs Office. Sheriffs Office
staff will assess the question or concern and, as appropriate, cause the Special Events Liaison to
take necessary actions.
9. Meetings. The City and the College will jointly facilitate two meetings per year
with any interested members of the Culver City community. The meetings will occur on or
about August and January of each year, or at other such times as agreed between the City and the
College, to review the effectiveness of the 2010 Final SEIR Mitigation Measures and this
Amendment.
10. Bus Routes. Effective June 9, 2010, the City municipal buses shall no longer
enter onto the College campus. Instead, the municipal buses shall stop at designated municipal
bus stops on the public streets outside the College campus. This will reduce wear and tear on the
College campus streets, will reduce bus noise otherwise experienced by adjacent residences, and
eliminate any safety hazards that are the result of the buses driving through the College campus
parking lots. The City shall allow the existing College shuttle to share use of the designated
municipal bus stops outside the College campus for the purpose of transporting any disabled
student or faculty bus riders who need assistance travelling to and from the center of campus.
The College shall provide transportation to the extent needed and shall make arrangements with
such disabled students and faculty to meet their needs. Appropriate notice of this change in bus
routes has been provided by the City. The Parties shall review the bus route changes after six
months of operation to ensure that the needs of the College and the City are being satisfactorily
addressed.
11. Residential Use of College Campus Outdoor Recreational Facilities. Commencing
within 30 days of the execution of this Amendment, Culver City adult residents (18 years of age or
older), as well as minors under 18 years of age and accompanied by an adult parent or guardian
who is a resident of Culver City, shall be permitted to utilize (for personal, noncommercial
purposes) any outdoor recreational facilities located on the College campus, including, but not
limited to, the track, ball fields, and basketball courts (the "Outdoor Facilities"). Use of the
Outdoor Facilities by Culver City residents is subject to the Identification Card system described
in subsection (a) below.
a. Identification Card. The District may require a one-time registration process
through the College campus Sheriffs Office for the issuance of a College identification card. The
District shall not charge any fee for issuance of a College identification card to Culver City
residents. Alternatively, and in lieu of a College identification card, the District shall honor a valid|1010|Draft Amendment No. 1 to Settlement Agreement— 07/08/10Culver City Resident Recreation Card issued in substantially the form shown on Exhibit "A,"
attached hereto and incorporated herein by reference. Except as otherwise provided, all Culver
City residents must possess a valid College identification card or Culver City Resident Recreation
Card in order to use the Outdoor Facilities. An identification card shall not be required for children
five years of age or younger, provided they are accompanied by a parent or guardian bearing a
College identification card or Culver City Resident Recreation Card. A College identification card
or Culver City Resident Recreation Card shall be required for minors above the age of five. All
minors must be accompanied by a parent or guardian bearing a College identification card or
Culver City Resident Recreation Card.
b. Hours of Use and Temporary Closures. The Outdoor Facilities shall be open
and available for public use whenever the College campus is open, so long as such use does not
directly interfere with a specific College event, class or activity occurring in the Outdoor
Facilities. As described in the District's 2004 Facilities Master Plan and the draft 2009 Facilities
Master Plan, the District is in the process of redeveloping and improving portions of the College
campus. Prior to the District's commencement of construction of each new physical improvement
on the College campus, the District shall meet with the City to discuss the construction schedule
for that improvement and agree upon any anticipated temporary closures of the Outdoor Facilities
necessitated by such construction.
12. 10100 Jefferson Boulevard Property. The future disposition and/or development of the
property has been addressed in the 2010 Final SEIR. In addition, the College will meet and
confer at least once with the City prior to making a decision regarding the disposition and/or
development of the 10100 Jefferson Boulevard property.
13. 2009 Master Plan.
The execution of this Amendment shall be a condition of approval of
the 2009 Master Plan by the District Board of Trustees.
14. Waiver of Right to Sue. The City understands and agrees the District will not be
obligated to proceed with implementing any of the provisions of this Amendment unless and
until all challenges to the project's compliance with CEQA have been exhausted. With these
understandings, the City waives any rights it may have to challenge the District's compliance
with CEQA in connection with the approval and certification of the 2010 FSEIR and approval of
the Project.
15. Institution of Legal Actions: Judicial Reference. Except for an action for injunctive
relief commenced by a party hereto in order to protect against irreparable injury, all action under
this Amendment or relating to its interpretation will be heard by the Los Angeles County
Superior Court referee pursuant to California Code of Civil Procedure (CCP) sections 638, et
seq., which referee will be a retired or former Superior Court judge. The Parties shall have all of
the discovery rights they would have in an action filed in a California Superior Court of
unlimited jurisdiction and all rights of appeal provided by CCP section 645. With respect to all
judicial reference proceedings hereunder, the Parities will select a single referee to try all issues,
whether of fact or law, and report a finding and judgment thereon and issue all legal and
equitable relief appropriate under the circumstances of the controversy. If the Parties do not
select a referee within ten days after service of a written demand to do so by a party, either party
Draft Amendment No. 1 to Settlement Agreement— 07/08/10may seek to have one retired or former Superior Court judge appointed pursuant to CCP section
640. Any referee selected pursuant to this Provision shall be considered a temporary judge
appointed pursuant to Article 6, Section 21 of the California Constitution.
THE PARTIES VOLUNTARILY AGREE TO HAVE ANY DISPUTE ARISING OUT OF
THE MATTERS INCLUDED WITHIN THE SCOPE OF THE JUDICIAL REFERENCE
PROVISION ABOVE DECIDED BY A NEUTRAL REFEREE AS PROVIDED BY
CALIFORNIA LAW AND ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. THEY ARE
FURTHER GIVING UP ANY JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,
UNLESS THOSE RIGHTS ARE SPECIFICALLY REFERENCED HEREIN OR IN ANY
OF THE STATUTES SPECIFICALLY REFERENCED HEREIN. IF A PARTY
REFUSES TO SUBMIT TO JUDICIAL REFERENCE, IT MAY BE COMPELLED TO
SUBMIT PER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL
PROCEDURE.
a. Applicable Law. The terms of this Amendment shall be interpreted according to
the laws of the State of California. If litigation arises out of this Amendment,
then 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 attorneys 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 Amendment or
because of a dispute, breach, default, or misrepresentation in connection with this
Amendment.
16. General Provisions.
a. Notices, Demands and Communications between the Parties. All notices
given or required to be given pursuant to this Amendment shall be in writing and
may be given by personal delivery or by mail. Notice sent by mail shall be
addressed as follows:
To City:
Carol Schwab
City Attorney|1010|Draft Amendment No. 1 to Settlement Agreement 07/08/10City of Culver City
9770 Culver Boulevard
Culver City, California 92614
With a copy to:
Murray 0. Kane
Kane, Ballrner & Berkman
515 South Figueroa Street, Suite 1850
Los Angeles, California 90071
To District: Camille Goulet
General Counsel
Los Angeles Community College District
770 Wilshire Boulevard, 9th Floor
Los Angeles, California 90017
With a copy to:
Gavin Hachiya Wasserman
Wasserman & Wasserman LLP
1370 Crenshaw Boulevard, Suite #103
Torrance, California 90501
b. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall
constitute one single instrument. Signatures may be transmitted by facsimile,
which are binding on the Parties, and the Parties shall later transmit original
signatures.
c. Amendments in Writing. This Amendment, and the provisions contained
herein, shall not be altered, changed, modified or amended, except by mutual
consent and written agreement of the Parties.
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 herein.
e. Severability. If any clause, provision or section of this Amendment 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 Amendment 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|1010|Draft Amendment No. 1 to Settlement Agreement— 07/08/10governing body, and (iii) said entity has full right and authority to enter into this
Amendment.
g. Headings. The headings used in this Amendment are inserted for reference
purposes only and do not affect the interpretation of the terms and conditions
hereof.
17. Except as expressly set forth in this Amendment, all terms and conditions of the
Settlement Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the
day and year first written above.
LOS ANGELES COMMUNITY COLLEGE DISTRICT
By: Larry Eisenberg
Executive Director, Facilities Planning and
Development
Approved as to Form:
Thomas F. Quilling, District Counsel
CITY OF CULVER CITY
By: P. Lamont Ewell,
Interim City Manager
Approved as to Form:
Carol Schwab, City Attorney|10 10|Draft Amendment No. 1 to Settlement Agreement— 07/08/10-Culver City Muriitipi Pool,. 4175 Overland Bi-Vti
ivromia-y-FridayEhr
.'ttobrrt--ZMWI rti
Monday-Thursday 1:00pra_440.01)m
Culver City Parks Recreation & Corriniw
-city Hall Se:MO
caters
-West LoAr .igele, 'College Sheriff's Office
RESIDEIVt:CA.
thie)000:\ie.n.04:01Ver„fity,]:Cli:lii-;253r65
e Ei rgency c.nritact,1
Phone Number.
MO OF Of FtEswaecy
-
0.000.0.13•esioe:
Exhibit "A"
The Culver Cl• Resident Recreation Car0
GMT: To create a resident idetitifitatiOn. Ord for 0
10 P ijrijoe
allowing retidentSOfte Cr 7 of Culver
city to access -: City Wheaton** faci [Met and Other cOrriparable fatilitieS - aValiable through jofnt use
oweemerm •
1 he Roadorit card $foii oaf* CuiWi(ity residents' access to recreatibn facilities, recreation pragrams,
alid classes offered by the City of Culver City, subject to aVa liability and any faOlity user fees or
enroll ment ch.arge5, The Resident Card shall altia provide (tilVer city residents access to the west Los
Angeles College Campus ketreatrort Facilities as defined within the 3-pint Use Agreement between th.o
of Culver City and West 105 Angefes, College The Resident Card will be offered at no COSt at present, but
may 110 subject ta a fee in the future„ based on expanded access to future amenities a'S' and When
tOristOded, and/or indr.eaS0 COSE5 Of providing recrea rthhf facilities and SeNiteS.
The Resident Card is ava:04ble t4 any persall pancipally feSiding Within the City of Cuiver- City, city Whits,
see proof of reSindericY be_TOW), albrect to re‘Otation for friappropriate or unlawfulcoAgt.
Residents Must aPV,IY- in 'jar gon. Resident Cardg. may be obtained at the foiidwog locations during normal
business: hours:
-curver city 13'4 -creatio1 ParkS : Registratian Office, 4117 CiVerlarid Blvd
Mbhday- -rifday 11 am-6 ;300:rri
To obtako a Resident C-ard„ aUrrenti, Fv;i1f1,0 CIifiM driver's kense current, valid' taiiforilio
14eptificati.co. card (photo JO) or current valid Passport and One of the following bearing a. Culver City
ad•ress . , is required,:
pfost recent utlifty bill
Voter registratIOn card
Most retent1ver City tax natiCe
Rental contract or property ownershipl dO:curnentation.
chilt:Trert agt s film arid y
ounger are mit required t(A ,Obtalh a card and May obtain. 4 tess if they are
accompanied by a parent or guardian With a valid Resident Card. A Minor above the age of :five wishing to
Obtain a Resident Card mUst. be accompanied by a parent or guarcliarit and the adult must meet the
above-stated requirements.,