City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council receive and file this report that memorializes the Settlement
Agreement between the City of Culver City (the “City”) and the Los Angeles
Community College District (the “District”) regarding the West Los Angeles College
Facilities Master Plan EIR (Master Plan EIR) for the physical development and
improvement of West Los Angeles College (the “College”), and that the City Council
direct the Director of Public Works/City Engineer to develop guidelines for the
expenditure of traffic mitigation funds stemming from this agreement.
BACKGROUND:
On August 8, 2005, the City Council approved a Settlement Agreement between the
City and the District. The agreement was approved by the District and executed on
August 9, 2005. This Settlement Agreement stemmed from concerns that the City
had previously expressed regarding the adequacy of the District’s Final
Environmental Impact Report (FEIR), dated December 2004, that evaluated the
potential environmental impacts resulting from the proposed physical development
and improvements to the College as outlined in the Master Plan. These City
concerns had been documented in the form of City Council Resolution No. 2004-
R072 which was approved by the City Council on November 1, 2004 and contained
detailed comments on the Draft Environmental Impact Report (DEIR) and
subsequently in a letter dated January 12, 2005, signed by Mayor Steve Rose, that
included an evaluation of the District’s response to the City’s earlier comments on
the DEIR that were included in the FEIR.
Following the issuance of the FEIR by the District, the City had thirty days to file a
legal challenge to the FEIR. At that time, the City Council directed City staff to enter
Meeting Date: 11/28/05 Item Number: C-8
AGENDA ITEM: Receive and File Staff Report Memorializing the Settlement
Agreement between the City of Culver City and the Los Angeles Community
College District Regarding the West Los Angeles College Master Plan EIR.
Contact Person/Dept.: Charles D.
Herbertson/Public Works
Phone Number: (310) 253-5630
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [x] Attachments: []
Public Notification:
West Los Angeles College, Master Notification List on 11/23/05
Department Approval:
Charles D. Herbertson 11/12/05
CAO Approval:
Martin Cole for Jerry Fulwood 11/22/05
City Controller Approval:
Marlee Chang 11/22/05City of Culver City, California
City Council Agenda Item Report
into negotiations with the District staff to attempt to work out an agreement. City and
District staff met on several occasions in January and February to begin developing
an agreement. In order to preserve its right to challenge the FEIR while delaying the
need to file an action against the District as negotiations continued, the City and the
District entered into a series of “Tolling Agreements”.
On March 28, 2005, the City Council approved the basic terms of an agreement with
the District. These agreement terms were refined in subsequent meetings and
discussions between City and District staff. On April 11, 2005 the final terms of
agreement were presented to the City Council and were approved. Additional
clarification of the agreement terms continued between the City and District staffs
and then the attorneys for both agencies began working on drafting the Settlement
Agreement which was finalized and brought to the City Council for final review on
August 8, 2005, at which time it was approved.
DISCUSSION:
The crux of the disagreement between the City and the District was the issue of the
location of the proposed secondary access road to the college, the nature of the
proposed traffic mitigation measures for the project, and parking impacts. The
agreement was tailored to address these major concerns in the following manner:
1. The City was concerned that the District’s plan for a secondary access road
connected to Jefferson Boulevard near Leahy Street would result in more
traffic in Culver City than other alternative locations that were considered in
the FEIR. In recognition of the increased traffic impacts in Culver City
brought by the selection of this alternative, the District agreed to a payment of
$300,000 to the City for use in mitigating traffic impacts related to the college
expansion.
2. The City was concerned that several of the proposed traffic mitigation
measures would not be effective in mitigating traffic impacts caused by the
project. The parties agreed that a sum of $3,575,000 in traffic mitigation fees
would be provided by the District to the City in lieu of certain traffic mitigation
measures that were proposed in the FEIR. The City will administer this fund
to provide for traffic mitigation measures that it determines will help to mitigate
traffic impacts caused by the project. The proposed mitigation measures that
were converted to mitigation fees in lieu include the following:
a. Measure T-15, installation of a right turn lane at Jefferson and
Duquesne = $10,000.City of Culver City, California
City Council Agenda Item Report
b. Measure T-17, installation of a traffic signal at Overland and Sawtelle =
$305,000.
c. Measure T-18, lane widening and restriping at Hannum and Playa =
$5,000.
d. Battery Back-up installations at various traffic signals = $40,000.
e. Measure T-16, purchase, operation and maintenance of Culver City
Bus 3 = $1,650,625.
f. Measure T-15, purchase, operation and maintenance of Culver City
Bus 4 = $1,564,375.
In accordance with the agreement, the District will pay the above traffic
mitigation fee before the commencement of any demolition or construction
relating to any portion of the project.
3. The City had concerns that parking impacts in the neighborhoods surrounding
the college would be adequately addressed. In order to ensure that there
was a clear methodology to determine when an impact occurs, 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 agreement, 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.
4. Additional measures agreed to include the replacement of parking spaces lost
on Jefferson as a result of the construction of the Secondary Access Road,
provisions for red light camera installation at the intersection of the Secondary
Access Road and Jefferson Boulevard, the installation of an access gate on
the Secondary Access Road at the boundary of the “Vicker’s” and “Webber”
properties that would remain closed between the hours of 11 p.m. and 6 a.m.,
provisions for a District Ombudsperson to be available to City staff for the
purpose of addressing any concerns of the City over project construction
activities or on-going campus operations, and a requirement that the District
study and mitigate traffic impacts that exceed impacts projected in the FEIR in
the event that the College exceeds 18,000 students.
FISCAL ANALYSIS:
The agreement will result in City receiving $3,875,000 in traffic mitigation fees that
will be set aside in a special traffic mitigation fund for use in mitigating traffic impacts
to the City that are related to the College’s project.City of Culver City, California
City Council Agenda Item Report
MOTION:
That the City Council:
1. Receive and file this report memorializing the Settlement Agreement
between the City of Culver City and the Los Angeles Community College
District regarding the West Los Angeles College Facilities Master Plan
EIR for the physical development and improvement of West Los
Angeles College.
2. Direct the Director of Public Works/City Engineer to develop guidelines
for the expenditure of the traffic mitigation funds stemming from this
agreement.