City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council and Agency Board approve Amendment Number
One to the Settlement Agreement (the “Amended Settlement Agreement”) between
the City of Culver City (the “City”), the Culver City Redevelopment Agency (the
“Agency”) and the Los Angeles Community College District (the “District”) regarding
the 2010 Final Supplemental Environmental Impact Report (the “2010 Final SEIR”)
for the 2009 West Los Angeles College (the “College”) Facilities Master Plan (the
“2009 Master Plan”).
BACKGROUND:
On July 12, 2010, the City Council considered and did not approve a prior version of
the Amended Settlement Agreement as it did not fully consider the issues expressed
by nearby residential neighborhoods.
On August 11, 2010, the District Board of Trustees approved the 2009 Master Plan,
certified the 2010 Final SEIR and took other related actions. To preserve its rights
Meeting Date: 09/27/10 Item Number: J-1
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD AGENDA ITEM:
Approval of Amendment Number One to Settlement Agreement Between the City
of Culver City, the Culver City Redevelopment Agency, and the Los Angeles
Community College District Regarding the 2010 Final Supplemental
Environmental Impact Report (FSEIR) 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 (09/23/10); Meetings
and Agendas – Redevelopment Agency (09/23/10); Culver Crest Homeowners
Association, Raintree Homeowners Association and West Los Angeles Community
College (09/22/10).
Department Approval:
Charles D. Herbertson (09/17/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (09/22/10)
Agency General Counsel:
Murray Kane (09/22/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller)(09/22/10)
City Manager Approval:
John Nachbar (09/22/10) City of Culver City, California
Agenda Item Report
under existing statutes of limitations, the City Council and Agency Board authorized
the City Attorney and Agency General Counsel to initiate litigation challenging the
project approvals taken by the District Board. Since a tolling agreement staying the
applicable 30 day statute of limitations could not be agreed to by the District,
pursuant to the City Council and Agency Board’s direction, the City and Agency filed
a lawsuit on September 10, 2010.
Even with the filing of the lawsuit, City staff, District staff, and Homeowners
Association representatives from Culver Crest Neighborhood Association, Raintree
Condominium Association and Raintree Townhome Association (collectively, the
“HOAs”) have continued to meet and to discuss outstanding issues. Those
discussions have resulted in a tentative settlement agreement to resolve the pending
lawsuit, which agreement is submitted to the City Council and the Agency Board for
consideration this evening. The proposed Amendment is agreeable to City, District
and College staff, as well as City, Agency and District legal counsel, on the condition
that the Amended Settlement Agreement must still be approved by the City Council,
Agency Board and District Board of Trustees. The HOAs have submitted letters
supporting the approval of the Amended Settlement Agreement, which letters are
included with this report as Attachments 2, 3 and 4. Please note, the additional
language requested by the Raintree Townhouse Association has already been
added to the Amended Settlement Agreement and agreed to by the District (with a
minor change to clarify that the District may need to get authority from Los Angeles
County before installing signs on the street). The letter from the Culver Crest
Neighborhood Association (“CCNA”) in support of the Amended Settlement
Agreement is expected to be received after the agenda packet is released (a copy
will be provided to the City Council on Monday evening if it is received as expected);
however, staff received an email from a CCNA representative (Attachment 4)
indicating that the CCNA Board’s vote to approve the Amended Settlement
Agreement has not changed. Staff recommends the City Council and Agency Board
approve the proposed Amendment.
DISCUSSSION
The proposed Amendment addresses a number of issues which are summarized as
follows:
1. FSEIR. The District and the College agree that they will fully implement, comply
with and enforce all of the mitigation measures set forth in the 2010 Final SEIR,
including the Errata as certified by the District Board on August 11, 2010.
2. College Boulevard Sound Wall. The District will install sound insulating
material on the chain link gate located in the sound wall on the west side of City of Culver City, California
Agenda Item Report
College Boulevard. In addition, the District will conduct a sound analysis to
assess the effectiveness of the permanent sound wall and remaining temporary
sound wall sections located along College Boulevard. If the study indicates that
sound levels exceed pre-determined levels, additional measures to mitigate
sound levels will be sought with the District and the City working together to
arrive at an agreed upon solution.
3. Overflow Parking. The District and the College agree that the College will
provide free parking for all vehicles, in all campus parking lots, during the first two
weeks of the Fall and Spring semesters, and that they will prominently publicize
such free parking before the start of each Fall and Spring semester. The District
and the College also agree to re-establish and maintain free on-street parking on
sections of the Los Angeles County roadways (Stocker, Freshman and
Sophomore) surrounding the campus at the earliest feasible opportunity. In
addition to consulting with the City on the above, the District and the College will
work with the City in other ways to discourage student parking on residential
streets.
4. Development of 10100 Jefferson; Plant Facilities Complex. The District will
work with the City (and the HOAs through the City) to ensure that the City and
the HOAs are provided the opportunity to review and comment on any Request
for Proposals (RFP) or Request for Qualifications (RFQ) released by the District
for development of any portion of the property known as 10100 Jefferson
Boulevard or development for non-college uses of the Lot 7/Plant Facilities site
on the campus.
5. Community Liaison. The District will provide a designated Community Liaison
(who shall be the Facilities Director or equivalent level person) that will be
available to respond to community concerns relating to either construction activity
or operational issues on the campus. The Community Liaison will be available by
phone between the hours of 6 am to 8 pm Monday through Friday when the
College is open and a backup will be designated whenever the Community
Liaison is on vacation or otherwise not available. After hours, on weekends and
when the Community Liaison is briefly unavailable or on vacation, the District
may utilize a call forwarding, pager or e-mail system to transmit a transcript of
calls to the Community Liaison (or backup), the College President, and the
Construction Project Manager.
6. Special Events Liaison. The District will provide a designated Special Events
Liaison that will be available to respond to community concerns relating to on-
campus special events. The Special Events Liaison will be available by phone
between the hours of 8 am to 5 pm Monday through Friday when the College is
open. In general, after hours and weekend callers will be directed to the sheriff. City of Culver City, California
Agenda Item Report
In the event of a serious condition related to special events between 5 pm and 8
am or on weekends that cannot wait until normal business hours, the sheriff shall
promptly call the Special Events Liaison who will take appropriate actions.
7. Meetings. The City and the District will jointly facilitate two scheduled meetings
per year during construction, which meetings shall include one designated HOA
representative from each of the contiguous HOAs. The scheduled meetings will
occur on or about September and February of each year, or at other such times
as agreed between the City and the District, to review the effectiveness of the
2010 Final SEIR Mitigation Measures, the Amended Settlement Agreement and
any issues relating to College construction activities or operations. In addition,
the City may request up to two additional meetings per year and the District will
agree to jointly conduct said additional meetings using the same format as the
scheduled meetings. The District will ensure that the Community Liaison,
College President, and College’s Construction Project Manager attend the
meetings.
8. Residential Use of College Campus Outdoor Recreational Facilities.
Commencing within 30 days of the execution of the Amended Settlement
Agreement, Culver City residents will be able to use College outdoor facilities for
no fee subject to an identification card system and District and College rules.
The Outdoor Facilities shall be open and available from dawn to dusk 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. 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. The District and the College shall take reasonable steps so that the
Outdoor Facilities can be safely used during construction with minimum closures.
9. Use of Indoor Recreational Facilities. Within 90 days of the District’s receipt of
a final certification of occupancy for the Indoor Recreational Facilities from the
Division of State Architect, the District and the City will begin negotiations to
develop an Indoor Recreational Facilities joint use agreement.
10. 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. This haul road will no
longer be used for any vehicular traffic controlled by the College. All large
construction vehicles will be required to enter the campus via College Boulevard. City of Culver City, California
Agenda Item Report
11. No Cut-Through Vehicular Travel Via College Campus Streets. College
Boulevard shall be closed from 11:00 p.m. to 6:00 a.m. If the District and the City
determine College Boulevard 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. In the event that the District and the City do not agree that a
material cut-through problem exists, the City may request that the District
perform a traffic study to determine if a material cut-through problem exists. If
the results of the study indicate that a material cut-through problem exists, then
the District and the City will cooperatively work with Los Angeles County to put
into place appropriate traffic control measures to discourage cut-through traffic.
12. Student Population Traffic Impact Studies and Impacts Exceeding
Threshold. The District agrees to perform additional traffic impact studies if the
student enrollment exceeds 18,000.
13. On-Campus Student Parking Threshold. Total on-campus student population
at the College shall not exceed 10,998 students until it is demonstrated that
adequate parking spaces are supplied to meet student parking demand.
14. Construction Hours. Construction activity on the College campus shall be
limited to the hours of 8:00 am to 6:00 pm weekdays and 9:00 am to 4:00 pm
Saturdays with construction prohibited Sundays and national holidays. The
Amended Settlement Agreement contains an exception to these time restrictions
for interior construction work which is allowed to begin one hour earlier at 7 am
as long a designated sound limits are not exceeded.
15. Emergency and Limited Construction Activity Hours. The Amended
Settlement Agreement allows for emergency construction and limited
construction activities (confined to concrete pours or oversized deliveries or
removals) to start at 6 am. The College Construction Manager will provide the
City with two weeks’ notice prior to any limited construction activities scheduled
to begin before 8 a.m. The District shall take appropriate steps to mitigate noise
impacts from early construction activities to the extent feasible.
16. Changed Conditions. For any new buildings or structures for which
construction has not been commenced by December 31, 2013, the West Los
Angeles College Facilities Master Plan (“Master Plan”) will be reviewed and
updated including review of impacts and potential mitigation measures in the
2010 Final SEIR.
City of Culver City, California
Agenda Item Report
Should the City Council and Agency Board approve the Amended Settlement
Agreement this evening, and the District Board of Trustees also approve the
Amended Settlement Agreement at their meeting of October 6, 2010, the lawsuit will
be dismissed.
FISCAL ANALYSIS:
Approval of the Amendment will not result in any fiscal impacts to the City or the
Agency.
ATTACHMENT:
1. Amendment No.1 to Settlement Agreement
2. September 23, 2010 Letter of Support from Raintree Townhouse Association
3. September 23, 2010 Letter of Support from Raintree Condominium Association
4. September 23, 2010 email from Ken Kutcher
MOTION:
That the City Council and Agency Board:
1. Conditionally approve Amendment Number One to the Settlement Agreement
between the City of Culver City, Culver City Redevelopment Agency and the
Los Angeles Community College District regarding the 2010 Supplemental
Environmental Impact Report for the 2009 West Los Angeles College
Facilities Master Plan, subject to the approval of the Amended Settlement
Agreement by the District Board of Trustees on October 6, 2010; and,
2. Authorize the City Attorney/Agency General Counsel to review/prepare the
necessary documents; and,
3. Authorize the City Manager/Executive Director to execute such documents on
behalf of the City.
MEETING DATE: 9/27/2010
AGENDA ITEM: JOINT CITY COUNCIL/AGENCY BOARD AGENDA ITEM:
Approval of Amendment Number One to the Settlement
Agreement Between the City of Culver City, the Culver
City Redevelopment Agency, and the Los Angeles
Community College District Regarding the 2010 Final
Supplemental Environmental Impact Report (FSEIR) for
the 2009 West Los Angeles College Facilities Master
Plan.
ATTACHMENTS
Pages|109| Amendment No. 1 to Settlement Agreement. 1-13
2. September 23, 2010 Letter of Support from 14
Raintree Townhouse Association
3. September 23, 2010 Letter of Support from 15
Raintree Condominium Association
4. September 23, 2010 email from Ken Kutcher 16AMENDMENT NO. 1 TO
SETTLEMENT AGREEMENT
between
LOS ANGELES COMMUNITY COLLEGE DISTRICT
and
CITY OF CULVER CITY
[Draft Amendment No. 1 to Settlement Agreement — 09/22/10]
Attachment No. 1AMENDMENT NO. 1 TO SETTLEMENT AGREEMENT
This Amendment No. 1 to Settlement Agreement ("Amendment") is dated as of
September , 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"), the City of
Culver City (the "City") and the Culver City Redevelopment Agency, a public body, corporate
and politic (the "Agency") (the District, City and Agency are collectively the "Parties").
RECITALS
WHEREAS, in 2005 the District certified a Final Environmental Impact Report on the
West Los Angeles College Facilities Master Plan ("2005 FEIR");
WHEREAS, in connection with the 2005 FEIR, the District and the City entered into a
Settlement Agreement dated August 8, 2005 ("Settlement Agreement");
WHEREAS, in connection with the 2005 FEIR, the District and Raintree Townhouse
Association, Raintree Condominiums Association and Culver Crest Neighborhood Association
(collectively, the "HOAs") entered into a Memorandum of Understanding dated January 12,
2005, and amended on January 19, 2005 and February 25, 2005 (collectively, the "MOU");
WHEREAS, the HOAs and the College have engaged in a continuing dialogue since the
signing of the MOU to the present day that has included, at times, monthly meetings, as well as
four recent meetings with former College President Dr. Mark Rocha and City representatives
within the past six months;
WHEREAS, the District disagrees with the HOAs as to the status and enforceability of
the MOU and the City, having no intent to undermine the HOAs position, does not adopt or
endorse the District's position.
WHEREAS, on August 11, 2010, the District approved the 2009 Facilities Master Plan
and certified the West Los Angeles College 2010 Final Supplemental Environmental Impact
Report ("FSEIR");
WHEREAS, certain terms of the FSEIR were modified by an Errata to the 2010 Final
SEIR which was also certified by the District on August 11, 2010 (the "Errata");
WHEREAS, the West Los Angeles College 2009 Facilities Master Plan calls for, inter
alia, the construction of new facilities, renovation of and additions to existing facilities,
demolition of several existing facilities, parking structures, landscaping and open space
(collectively the "Project'); and,
WHEREAS, the City and the Agency have expressed the view that the FSEIR does not
comply with the California Environmental Quality Act ("CEQA");
Page 1 of 12
Draft Amendment No. 1 to Settlement Agreement— 09/22/10WHEREAS, on September 10, 2010, the City and the Agency filed a Petition for Writ of
Mandamus challenging the District's approval of the Project and certification of the FSEIR; and
WHEREAS, the Parties representatives have met to address these concerns and desire to
amend the Settlement Agreement to set forth the agreements reached as to certain key issues for
the benefit of the Parties and the HOAs; and
WHEREAS, the City and the District desire to add the Agency as a party to the 2005
Settlement Agreement and this Amendment.
NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions
contained herein, the District and the City agree as follows:
1. FSEIR. The District and the College agree that they will fully implement,
comply with and enforce all of the mitigation measures set forth in the FSEIR, including the
Errata as certified by the District on August 11, 2010, to the extent required by law. In the event
the City notifies the District or the College of any concerns of the City or its residents, the
District will work with the City and City staff to address such concerns in an appropriate and
timely manner
2_ College Boulevard Sound Wall. The District will install STC -32 (as feasible)
sound insulating material on the chain link gate located in the sound wall on the west side of
College Boulevard If such sound insulating material is too heavy for the chain link gate to
support, alternate sound insulating material will be considered. Following the installation of the
sound insulating material mentioned above, the District will conduct a sound analysis within 30
days, which will include: 1) actual sound measurements of noise from trucks as may be
occurring within this 30-day period, 2) modeling of peak (30 trucks per hour) construction traffic
to ensure that construction traffic on College Boulevard will not result in an increase of more
than 3 dBA (Leq one hour) over ambient noise levels in the nearby residential communities. The
sound analysis, as in the past, will predict the sound levels at virtual sound receivers R1A-R7A
and R1B-R7B, a total of 14 locations, representing the sound received at upper and lower levels
of Raintree homes along College Boulevard, for a construction truck traffic flow of 30 vehicles
per hour, and normal associated non-truck traffic. Readings from the four sound monitors
installed at Raintree should be conducted during a period when there is significant use of College
Boulevard for construction traffic; the number and types of all vehicles that use College
Boulevard during the measurement shall be recorded. These sound levels will be measured at all
four sound monitors located in the adjoining residential community and all four measurements
must not exceed the 3 dBA sound threshold indicated above. The City will receive a copy of the
above mentioned sound analysis within 30 days of its completion for the purpose of providing it
to interested HOAs for independent review and verification. The District agrees to make its
sound consultant available to the independent review consultant for discussing the sound study
and if any errors are discovered, will correct said errors. Also, if the sound analysis determines
that the 3 dBA sound threshold indicated above is exceeded, the District will work with the City
in a reasonably prompt manner to devise additional mitigation measures, such as the installation
Page 2 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10of additional sound blanket walls, as required to reduce sound levels to the 3 dBA (Leq one hour)
threshold or below.
3. Stocker Street. The District and the City will request that the County maintain
the red curbing on Stocker Street from the Overland entrance to a line perpendicular with the
large electric pole at the end of Galvin Street thereby barring all parking below Galvin Street.
After receiving Los Angeles County's authorization, if required, the District will install and
maintain signs alerting all who use Stocker Street and Freshman Drive to be quiet and courteous
to the College's neighbors while traveling on Stocker Street and Freshman Drive. The District
will request that the Los Angeles County Sheriff, and the City will request the Culver City Police
ticket drivers violating applicable noise ordinances and speed limits in their respective
jurisdictions in the vicinity of Stocker Street and at the College. The City and the District also
agree that the Culver City Bus service onto the College campus will not be rerouted onto Stocker
Street.
4. Overflow Parking,. Student parking on residential streets in the neighborhoods
surrounding the College continues to be an issue of concern to residents due, at least in part, to
the elimination of free parking spaces on public streets surrounding the campus. The District and
the College agree, as a mitigation measure, that the College will provide free parking for all
vehicles, in all campus parking lots, during the first two weeks of Fall and Spring semester, and
that it will prominently publicize such free parking at the entrances to the campus, on the
College's web site, and on materials sent to students before the start of each Fall and Spring
semester. The District and the College also agree to reestablish and maintain free on-street
parking on sections of the Los Angeles County roadways (Stocker, Freshman and Sophomore)
surrounding the campus at the earliest feasible opportunity, taking into account safety and
operational concerns relating to College construction. The free parking spaces at the base of
College Boulevard shall be opened simultaneously with the public opening of College
Boulevard. The District and the College will consult with the City on how to best accomplish
the foregoing. As contemplated by the 2005 Settlement Agreement, the City has given the
District a formal written request to conduct a parking study during the third, fourth and fifth
weeks of the 2010 Fall Semester. The District agrees to undertake this study in September 2010,
on dates and at times approved by the City. The District will work with the City to address
student parking on residential streets.
5. Development of 10100 Jefferson; Plant Facilities Complex. The District will
work with the City (and the HOAs through the City) to ensure that the City (and the HOAs
through the City) is provided the opportunity to review and comment on any Request for
Proposals (RFP) or Request for Qualifications (RFQ) released by the District for development of
all or any portion of the property known as10100 Jefferson Boulevard. Should the District
decide to seek an external developer or other party to construct and operate a use unrelated to
operations of the College on Lot 7/Plant Facilities site, the District will ensure that the City (and
HOAs through the City) are provided an opportunity to review and comment on any RFP/RFQ.
Comments from the HOAs (on any RFP/RFQ) should come through the City prior to being
forwarded to the District. The District will provide a reasonable amount of time for the City
(and HOAs through the City) to review and submit comments on the draft RFP/RFQ before the
Page 3 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10document is finalized and released. The District will consider the comments of the City and the
HOAs before finalizing and releasing any such documents.
6. Community Liaison. The District will continue to provide a designated
Community Liaison (who shall be the Facilities Director or equivalent level person) that will be
available to respond to community concerns relating to either construction activity or operational
issues on the campus. The current contact information for the Community Liaison will be
provided on the College's website. When the Community Liaison is on vacation or out for any
extended period of time a back-up Community Liaison will be designated. The Community
Liaison will be available by phone between the hours of 6 am to 8 pm Monday through Friday
when the College is open. After hours and on weekends, and when the Community Liaison is
briefly unavailable or on vacation, the District may utilize a call forwarding, pager or email
system to transmit a transcript of calls to the Community Liaison (and all back-up designees), the
College President and the College Project Manager. In general, after hours callers will be
directed to the sheriff. In the event of a serious condition between 8 pm and 6 am that cannot
wait until normal business hours, the sheriff shall call a representative of College administration
(Facility Director or equivalent level person and/or the College Project Manager). The District
shall provide the sheriff with copies of both this Amendment and the Mitigation Monitoring
Program for the FSEIR as part of the District's policies and procedures for purposes of the
District's Law Enforcement and Security Services Agreement with the County sheriff dated June
16, 2009. Furthermore, the District shall inform the sheriff that these documents are enforceable
by the sheriff as part of the College President's enforcement style for the College campus and
that citizen complaints concerning alleged violations of this Amendment of the Mitigation
Monitoring Program will be dealt with in a manner consistent with this Agreement. The
Community Liaison (and all back-up designees) shall have authority to initiate a response on
behalf of the College and the District in all construction activity or operational matters on the
campus, and shall use reasonable efforts to promptly answer questions and resolve concerns in a
manner acceptable to the City. No later than November 1, 2010, the District shall develop, in
consultation with the City (and the HOAs though the City) a Community Liaison Procedures
Manual which shall be designed to facilitate and ensure the Community Liaison's compliance
with the provisions contained herein.
7. Special Events Liaison. The District will continue to provide a designated
Special Events Liaison that will be available to respond to community concerns relating to on
campus special events. The current contact information for the Special Events Liaison will be
provided on the College's website. The Special Events Liaison will be available by phone
between the hours of 8 am to 5 pm Monday through Friday when the College is open. In
general, after hours and weekend callers will be directed to the sheriff. In the event of a serious
condition related to special events between 5 pm and 8 am or on weekends that cannot wait until
normal business hours, the sheriff shall promptly call the Special Events Liaison. As noted in
Paragraph 6 above, the sheriff will be provided copies of both this Amendment and the
Mitigation Monitoring Program for the FSEIR as part of the District's policies and procedures
and the College President's enforcement style preference. The Special Events Liaison shall have
authority to initiate a response, including the authority to terminate an event, on behalf of the
College and the District in all foreseeable matters, and shall use reasonable efforts to promptly
answer questions and resolve concerns.
Page 4 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/108. Meetings. The City and the District will jointly facilitate two scheduled meetings
per year during construction, which meetings shall include one HOA board designated
representative from each of the contiguous HOAs. The scheduled meetings will occur on or
about September and February of each year, or at other such times as agreed between the City
and the District, to review the effectiveness of the 2010 Final SEW Mitigation Measures, this
Amendment and any issues relating to College construction activities or operations. In addition,
the City may request up to two additional meetings per year and the District will agree to jointly
conduct said additional meetings using the same format as the scheduled meetings. The District
will ensure that the Community Liaison, College President, and College Project Manager attend
the meetings. Prior to these meetings, the City and the District will agree to an agenda that will
be made available to all meeting participants two weeks in advance of the meeting date. In
addition, for each meeting, meeting minutes will be produced and distributed to all parties
attending the meeting for review and approval. All minutes must be agreed to and approved by
all parties before they are deemed official meeting minutes. All such meetings conducted per the
terms of this Section shall be planned for a minimum of two hours.
9. 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 and ball fields (the "Outdoor Facilities"). Use of the
Outdoor Facilities by Culver City residents is subject to the District's and College's rules of use
of the facilities (including but not limited to appropriate attire and footwear) and Identification
Card system described in subsection (a) below. Abuse of District/College rules shall be grounds
for the individual to be banned from use of the Outdoor Facilities for a period of up to 14 days.
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 Culver City Resident Recreation Card. 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 from dawn to dusk 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
Page 5 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10Plan and the 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. The District and the College shall take reasonable steps so that the Outdoor
Facilities can be safely used during construction with minimum closures.
10. Use of Indoor Recreational Facilities. Within 90 days of the District's receipt
of a final certification of occupancy for the Indoor Recreational Facilities from the Division of
State Architect, the District and the City will begin negotiations to develop an Indoor
Recreational Facilities joint use agreement that will address the use of College Indoor
Recreational Facilities by Culver City residents.
11. 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. This haul road will no longer be used for any vehicular traffic controlled by the
College including all motorized and non-motorized vehicles, except for emergency use.
Hereafter, all construction vehicles having a gross vehicle weight in excess of 6,000 pounds
(i.e., all vehicles participating in any construction work on the College campus and all vehicles
hauling materials, debris, or other items relating to the Project to or from the College campus)
shall enter the College campus via College Boulevard, and all large construction vehicles with
more than two axles shall enter College Boulevard by traveling west on Jefferson Boulevard and
making a left turn into the College campus. No construction vehicles having a gross vehicle
weight in excess of 6,000 pounds shall be permitted to use the Overland/Freshman entrance to
the College.
12. 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 between
Jefferson Boulevard and Overland Avenue. If the District and the City determine College
Boulevard 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. In the event that the District and the City do not agree that
a material cut-through problem exists, the City may request that the District perform a traffic
study to determine if a material cut-through problem through the campus between Jefferson
Boulevard and Overland Avenue does exist. If so requested, the College will perform the study
within 30 days using a professional traffic engineering firm agreeable to both parties and these
study results will be provided to the City within 30 days of completion. If the results of the study
indicate that a material cut-through problem exists, then the District and the City will
cooperatively work with Los Angeles County to put into place appropriate traffic control
measures to discourage cut-through traffic. For purposes of this Section, a "material cut-through
problem" exists where the amount of cut-through traffic during either the two-hour morning peak
period or two-hour evening peak period exceeds 100 vehicles and also exceeds 7% of the total
Page 6 of 12
Draft Amendment No. 1 to Settlement Agreement - 09/22/10number of vehicles using Freshman Boulevard. The City and the District will work
cooperatively together with the selected professional traffic engineer to agree upon the two-hour
intervals of the morning and evening peak periods and to determine the specific vehicle counting
methods to conduct this study.
13. 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 student 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 FEW (based on the
on-campus student population of 18,904 students utilized in the 2004 traffic impact report for the
2005 FEIR).
14. 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).
15. Construction Hours. It was previously agreed 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, 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 am. 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 am. 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.
16. Emergency and Limited Construction Activity Hours. The District may
engage in (1) construction activity at all other times to the extent the construction activity is
Page 7 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10necessary to address unexpected emergencies that threaten life or property, or (2) limited
construction activity (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 am., 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 District 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 by taking measures
such as routing truck traffic in such a manner as to minimize the need for backing.
17. Changed Conditions. For any new buildings or structures for which construction
has not been commenced by December 31, 2013, the West Los Angeles College Facilities
Master Plan ("Master Plan") will be reviewed and updated, and in connection with such update,
the District shall be required to reassess whether:
a. The portions of the Master Plan not yet built will have one or more significant
effects that were not identified in the FSEIR;
b. Significant effects of the Master Plan previously examined will be substantially
more severe than shown in the FSE1R;
c. Mitigation measures or alternatives to the Master Plan previously found not to be
feasible would in fact be feasible and would substantially reduce one or more significant effects
of the project;
d. Mitigation measures or alternatives to the Master Plan which are considerably
different from those analyzed in the FSEIR would substantially reduce one or more significant
effects on the environment; or
e. Substantial changes have occurred with respect to the circumstances under which
the Master Plan was studied in the FSEIR having the potential to trigger a new significant
environmental effect or a substantial increase in the severity of previously identified significant
effects.
18. Waiver of Right to Sue. The City and the Agency understand and agree 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, including but not limited to the dismissal of any petition filed by the City challenging
the Project's compliance with CEQA. With these understandings, the City waives any and all
rights it may have to challenge the District's compliance with CEQA in connection with the
approval of the 2009 Facilities Master Plan and certification of the 2010 FSE1R. Such waiver
does not apply to any legal rights the City or the Agency may have to enforce the District's legal
Page 8 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10obligation to implement, comply with and enforce the mitigation measures set forth in the 2010
FSEIR.
19. 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
may 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 AM) 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
Page 9 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10relief, brought between the Parties to enforce this Amendment or because of a dispute,
breach, default, or misrepresentation in connection with this Amendment.
20. 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
City of Culver City
9770 Culver Boulevard
Culver City, California 92614
To Agency: Murray 0. Kane
Kane, Ballmer & 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.
Page 10 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10e. 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 governing 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.
21. 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: John Nachbar,
City Manager
(Signatures Continued on Page 13)
Page 11 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10(Signatures Continued from Page 12)
Approved as to Form:
Carol Schwab, City Attorney
CULVER CITY REDEVELOPMENT AGENCY
By: John Nachbar,
Executive Director
Approved as to Form:
Murray Kane, Agency General Counsel
Page 12 of 12
Draft Amendment No. 1 to Settlement Agreement — 09/22/10Raintree Townhouse Association
2000 Raintree Circle, Culver City, California 90230
Tel: 310.836.5570 Fax: 310.838.2520
September 23, 2010
Honorable Mayor and City Council Members
City of Culver City
9770 Culver Boulevard
Culver City, 90232
Subject: West Los Angeles College/Los Angeles Community College District
Dear Mayor Armenta and Council Members:
The Board of Directors of the Raintree Townhouse Association has reviewed the Settlement
Agreement with the College and the District [Version 9B, dated September 22, 2010] and has
voted to recommend that the City accept the Agreement.
We request that the following paragraph, or something accommodating its intent, be added, if it
has not already been incorporated into the Agreement:
"The District will install and maintain signs alerting all who use Freshman Drive to be quiet and
courteous to the College's neighbors while traveling on Freshman Drive. The District will request
the Los Angeles County Sheriff and the City will request the Culver City Police to ticket drivers
violating applicable noise ordinances and speed limits in their respective jurisdictions in the
vicinity of Freshman Drive and at the College."
This request has been forwarded by Mr. Herbertson and Ms. Baker who agree with it and have
forwarded it to the District and the College for their acceptance.
If the Agreement is accepted by the City, it will be necessary for City officials and staff to
maintain oversight of the College construction process and the College's normal operations to
assure that the agreed-upon measures are being followed and that the College responds, as
necessary, to lapses in its operations. In this monitoring function, our Association will cooperate
with the City by reporting problems to both the College and the City, as we have been doing.
The members of the Board express their gratitude for the diligent efforts made on behalf of the
residents of Raintree by the many Culver City staff members who participated in the latest
series of negotiations — City Manager John Nachbar, Mr. Charles Herbertson, Ms. Susan Yun,
Mr. Martin Cole, and Mrs. Heather Baker. And, of course, we appreciate the continuing strong
support from our City Council.
Very truly yours,
Original signed by Arthur L. Kassan
Arthur L. Kassan
President, Rai ntree Townhouse Association
Attachment No. 2Condominiums Association
2000 Raintree Circle, Culver City, California 90230
Tel: 310.836.5570
Fax: 310.838.2520
Email: gm4raintree@comeast.net
September 23, 2010
Dear Mayor Armenta and members of Culver City City Council,
On behalf of the Board of Directors of the Raintree Condominiums Association, I send
our support to move ahead with the provisions outlined in the Amendment No 1 To
Settlement Agreement dated September 13, 2010.
We appreciate the hard work and long hours Culver City staff and representatives of the
Los Angeles City Community College District have spent to arrive at the document. We
appreciate the efforts of our representative, as well.
The homeowners are pleased that there has been an effort to address our concerns. We
look forward to continuing discussions on issues that affect the College, the City and
Culver City residents.
Sincerely,
Carole Gustin, President
Raintree Condominiums Association
Attachment No. 3From: Ken Kutcher
Date: September 23, 2010 10:55:45 AM PDT
To: "Herbertson, Charles", Elliot Axelband, Kate Barlow
Subject: RE: Final Amendment to the Settlement Agreement
Charles,
Thank you once again for your successful work on this. The official letter from
CCNA will be coming. I have not heard back from Mike Bauer about his timing for
sending that in. But the CCNA Board's vote to endorse the settlement remains
unchanged, and I am comfortable for you to report it based on my email to you if
you wish to do so. The CCNA has a general membership meeting tonight. You are
welcome to come, although I would imagine you have other things to do.
Ken
Kenneth L. Kutcher
Harding Larmore Kutcher & Kozal, LLP
1250 6th Street, Suite 200
Santa Monica, CA 90401
t: (310) 451-3669
f: (310) 392-3537
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Attachment 4