sr-042611-7c~~
~;Ya, City Council Report
Santa Monicu
City Council Meeting: 4/26/11
Agenda Item: ~"~
To: Mayor and City Council
From: Rod Gould, City Manager
Marsha Moutrie, City Attorney
Subject: Proposed Ordinance Authorizing the City Manager to negotiate
cooperation agreements with the Exposition Metro Line Construction
Authority and with the Los Angeles County Metropolitan Transportation
Authority for the construction and operation of a light rail transit system
within the City of Santa Monica
Recommended Action
Staff recommends that the City Couricil introduce for first reading the attached
ordinance, which authorizes the City Manager to negotiate cooperation agreements with
the Exposition Metro Line Construction Authority and with the Los Angeles County
Metropolitan Transportation Authority for the construction and operation of a light rail
transit system within the City of Santa Monica. Under the proposed ordinance the City
Council will approve by resolution any agreement prior to it becoming effective.
Executive Summary
Currently several light rail systems operate throughout Los Angeles County. During
their construction it has been customary for the light rail construction authority to enter
into cooperation agreements with the cities where the light rail systems were
constructed. These agreements set the parameters for how the light rail related work
was to be done in those cities. The Exposition Metro Line Construction Authority
currently has a cooperation agreement with the City of Los Angeles for phase one of the
Exposition Metro Line. It has asked for a similar one with the City of Santa Monica for
phase two, a portion of which will be constructed within the City of Santa Monica.
The proposed ordinance will authorize the City Manager to negotiate a cooperation
agreement with the Exposition Metro Line Construction Authority, which will build the
Tight rail project, and with the Los Angeles County Metropolitan Transportation Authority,
which will operate it once the light rail project is complete. Any cooperation agreement
negotiated will be subject to City Council approval. Since the cooperation agreement
will be the primary agreement governing the construction of the light rail project within
the City of Santa Monica, and since some aspects of current City laws may have to be
modified to allow for the construction of the light rail project, any cooperation agreement
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will need to supersede other City laws on a limited basis and only when it expressly
states so. Such areas will likely most often occur in the permit review, permit payment
and permit approval process. Except when the cooperation agreement expressly
provides its own requirements, the light rail project will comply with all other provisions
of the Santa Monica Municipal Code and applicable resolutions, including. City
standards, customs, policies and practices.
Discussion
The City of Santa Monica has provided longstanding support for constructing light rail
transit on the existing Exposition rail right-of-way. The City sponsored legislation to
create the Exposition Metro Line Construction Authority to plan, design and build the
Exposition Metro Line light rail project. The City also supported Los Angeles County
Measure R, which. created a funding source for transportation projects throughout the
County, including the Exposition Metro Line project. More recently, the City's new Land
Use and Circulation Element (LUCE) established policies to support ridership and light
rail connections, and to proactively integrate the light rail system into the City's
development policies.
The Exposition Metro Line Construction Authority ("Construction Authority") is a special
purpose agency created for the. sole purpose of designing and building the Exposition
Metro Line light rail system. The Construction Authority will disband at the completion
of its mission. The line will be turned over to the Los Angeles County Metropolitan
Transportation Authority ("Metro") for operation following its anticipated construction
completion in 2015. The California Public Utilities Commission has a role in reviewing
and approving at-grade rail crossings.
Construction of the light rail project will require extensive permitting from the City of
Santa Monica as well as significant City technical support. The Exposition light rail
project will run across the City from the City's eastern border with the City of Los
Angeles, along the current Exposition rail right of way, and then along the surface of
Colorado Avenue to a terminus at 4th Street and Colorado Avenue. The project will
consist of various support facilities, including a maintenance facility, as well as a bicycle
path.
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Construction will impact numerous existing City facilities from sewer and water lines, to
streets and sidewalks, traffic and street lights. Road closures and traffic detours will
occur as construction progresses. The project will affect parking, street trees,
sidewalks, alleys and street ,intersections. Work will encompass various types of
construction, excavation, exploration and testing. It will also include the setup of
barricades or other types of pedestrian and traffic control devices.
Given the scope of the project, the Construction Authority's and the City's staffs will
need to work in very close cooperation to ensure that during and after construction the
impacts of the Project are effectively handled with as minimum a disruption as is
possible to the community. Close cooperation will also be needed in order to adhere to
the current project time line.
The cooperation agreement will establish a procedure and process for dealing. with all
light rail project work .that is to be done within the City, especially as they impact the
public right of way or existing City facilities. It is anticipated that the cooperation
agreement will apply to all public streets and public easements, including any portion(s)
of private properties dedicated for. public rights-of-way purposes. Nothing in the
cooperation agreement will relieve the Construction Authority or its contractors from the
requirement to submit all plans, documents and reports for review and comment before
obtaining City approval prior to the start of any construction activity within the public
right-of-way. These will include plan checks, permits, or inspections required for fire
and life safety matters by the Santa Monica Fire and Police Departments, hazardous
materials soil removal, abatement of hazardous material storage tanks, special
extinguishing systems, State Fire Marshall Code requirements, etc.
It is anticipated that costs incurred by the City staff and its consultants for design review,
design issues resolution, permit coordination, construction support and inspection are to
be reimbursed by the Construction Authority through a work authorization process that
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will be specified in the cooperation agreement, instead of through the individual permit
application process.
The following is a list of the various permits that are normally issued by the City for work
in the public right-of-way:
• Use of Public Property Permit (including temporary traffic control plans)
• Street Construction Permit
• Utility Excavation Permit
• Encroachment Permit (for encroachments into the public right-of-way)
• Sewer Permit
• Storm Drain (Connection) Permit
• Industrial Waste Discharge Permit
• Oversized Load Permit
• After Hours Construction Permit
The cooperation agreement's permitting process will serve in lieu of the current
permitting process for these permits. All work on private property within the City will still
require the issuance of a building permit from the Building and Safety Division, which
will not be a part of the cooperation agreement's permit process.
The following capital entitlement fees related to City water and wastewater enterprise
funds will be required to be paid by the Authority pursuant to the Santa Monica
Municipal Code:
• Water Demand Mitigation Fee-
' Water Capital Facility Fee
• Wastewater Capital Facility Fee
The following permit fees will be paid as currently required under the Santa Monica.
Municipal Code, by the design-build contractor. They will not have a separate
permitting process under the cooperation agreement:
• Temporary Water Meter Fee
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• Temporary "No Parking" Permits Fee
Under the proposed ordinance, once the City Manager has negotiated the cooperation
agreement, the terms of the agreement will be presented to the City Council for
approval by resolution.
Financial Impacts & Budget Actions
City staff costs for design review, design issues resolution, permit coordination,
construction support and inspection will be reimbursed by Expo through City work
authorizations, as specified in the Master Cooperative Agreement that is being
developed between the City & Expo.
The Expo Construction Authority includes expenditures for city costs in an annual work
authorization plan that is part of their adopted annual budget for tasks to be performed
by City staff in support of the Expo Light Rail Project. This action does not impact the
General Fund.
Prepared by: Kathryn Vernez, Assistant to the City Manager
Joseph Lawrence, Assistant City Attorney
Martin Pastucha, Public Works Director
Ellen Gelbard, Asst. Director, Planning & Community Development
Approved: Forwarded to Council:
Rod Gould r
City Manager
Attachment: Ordinance
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City Council Meeting: April 26, 2011 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO NEGOTIATE COOPERATION
AGREEMENTS WITH THE EXPOSITION METRO LINE CONSTRUCTION
AUTHORITY AND THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORATION AUTHORITY RELATING TO THE CONSTRUCTION AND
OPERATION OF A LIGHT RAIL TRANSIT SYSTEM WITHIN THE CITY OF SANTA
MONICA
WHEREAS, the City of Santa Monica has long been a supporter of extending
light rail transportation to the westside of Los Angeles County and into the City of Santa
Monica: and
WHEREAS, a light rail transit system serving the City of Santa Monica and
connecting the City of Santa Monica to the region's other light rail, subway and bus
transportation systems will bring about many public benefits and among other things, it
may assist in the reduction of vehicle traffic and may assist to alleviate air quality and
other environmental concerns; and
WHEREAS, the Exposition Metro Line Construction Authority ("Authority"); is a
public entity created by the California State Legislature pursuant to Section 132600, et.
seq. of the California Public Utilities Code, for the exclusive purpose of completing the
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design and construction of the Exposition Metro Line light rail transit project ("Project"),
which among other things consists of a light rail train line extending from the downtown
of the City of Los Angeles to the downtown of the City of Santa Monica; and
WHEREAS, the Los Angeles County Metropolitan Transportation Authority
("LACMTA") is a public entity created by the California State Legislature pursuant to
California Public Utility Code Section 130050.2 et seq. for many purposes including, but
not limited to, the operation of rail and bus transit systems and other transportation
facilities in Los Angeles County, including the operation of the Exposition Metro Line
light rail transit system;. and
WHEREAS, within the City of Santa Monica the Project will run along the existing
Exposition rail right of way and also along Colorado Avenue to a terminus to be located
near the intersection of Colorado Avenue and 4t" Street in Santa Monica; and
WHEREAS, within the City of Santa Moriica the Project will also consist of three
light rail transit stations and a maintenance facility, as well as various support facilities
and a bicycle pathway adjacent to the light rail line; and
WHEREAS, many of the Project's construction activities will occur along streets
and other public rights of way and among other things, the Project will affect existing
City facilities, utilities and.traffic; and
WHEREAS, during the course of the Project's construction, the City staff will be
required to review plans and construction activities and to issue various City permits
and approvals to the Authority and LACMTA, while attempting to comply with the
Project's required construction timeline; and
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WHEREAS, the City of Santa Monica, the Authority and the LACMTA wish to
facilitate the implementation of the Project in as efficient and as least disruptive manner
as is possible, while complying with applicable City laws and resolutions, including City
requirements, standards, customs, policies and practices to the maximum extent
possible; and
WHEREAS, the City of Santa Monica, the Authority and the LACMTA desire to
establish a procedure for expeditiously cooperating with each other and to this end wish
to enter into appropriate cooperation agreements concerning various aspects of the
Project, including: how construction activities will occur; how City facilities affected by
the Project will be relocated; how City reviews, permits and approvals will be sought and
obtained; how the parties will communicate with one another; how the City will be
compensated for City staff services related to the Project; and how any City requested
enhancements to the Project will be agreed upon and paid for; and
WHEREAS, various provisions of the Santa Monica Municipal Code and their
implementing resolutions potentially affect the construction and operation of the Project
and the light rail transit system and some may need to be modified to allow for the
timely construction of the Project; and
WHEREAS, it is customary for the Authority and LACMTA to enter into
cooperation agreements with cities when they construct and operate light rail transit
systems in those cities; and
WHEREAS, the Exposition Metro Line light rail transit system planned to be
constructed and operated within the City of Santa Monica is unique in its scope and
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potential impact as it will traverse the City from its eastern border and travel nearly to
the Santa Monica Pier often along the surface of City streets; and
WHEREAS, various provisions of the Santa Monica Municipal Code that may
affect the Project were enacted for projects significantly different than the Exposition
Metro Line light rail transit system; and
WHEREAS, once completed the Exposition Metro Line light rail transit system
will further the public interest and welfare and significantly benefit the residents of the
region and of the City of Santa Monica.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council authorizes the City Manager to negotiate such
agreements as may be appropriate with the Exposition Metro Line Construction
Authority and with the Los Angeles County Metropolitan Transportation Authority
concerning cooperation between the parties for the construction and operation of the
Exposition Metro Line light rail transit project within the City of Santa Monica.
SECTION 2. Unless expressly provided for in any cooperation agreement with
the Exposition Metro Line Construction Authority and the Los Angeles County
Metropolitan Transportation Authority, the Exposition Metro Line Construction Authority
and the Los Angeles County Metropolitan Transportation Authority shall comply with all
applicable City of Santa Monica laws and resolutions, including all City requirements,
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standards, customs, policies and. practices in the construction and operation of the
Exposition Metro Line light rail transit project.
SECTION 3. In any cooperation agreement with the Exposition Metro Line
Construction Authority and the Los Angeles County Metropolitan Transportation
Authority, the City Manager is authorized to establish the terms and conditions under
which the City will interact with the Exposition Metro Line Construction Authority and the
Los Angeles County Metropolitan Transportation Authority. In doing so the City
Manager may agree to modify any requirement, which may be otherwise authorized or
required pursuant to the' Santa Monica Municipal Code or applicable resolution, if the
City Manager determines that doing so serves the public interest and welfare and that
the public interest and welfare will be equally protected by the terms or conditions of the
agreement. Such agreements may include, among other things, permitting rules and
procedures, as well as fees or other payment arrangements, .that the City Manager
determines to be necessary and appropriate for the efficient construction and operation
of the light rail transit system while also protecting the interests of the City and its
citizens and visitors.
SECTION 4. Before any cooperation. agreement authorized by this Ordinance
becomes effective, the City Council shall approve by duly adopted resolution the terms
of the cooperation agreement.
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SECTION 5. The City Council finds that the public necessity, public
convenience, and general welfare require that any provision of the Santa Monica
Municipal Code or its appendices, including the provision of any applicable
implementing resolutions, inconsistent with the provisions of any approved cooperation
agreement, to the extent of such inconsistencies only and no further, be repealed or
modified to that extent necessary to make fully effective the provisions of any
cooperation agreement. In all other respects the provisions of the Santa Monica
Municipal Code or its appendices, including the provision of any applicable
implementing resolutions, shall remain in full force and effect.
SECTION 6. Any provision of the Santa Monica Municipal Code or its
appendices or implementing resolutions, inconsistent with the provisions of this
Ordinance, tg the extent of such inconsistencies and no further, are hereby repealed or
modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall be effective 30
days from its adoption.
APPROVED AS TO FORM:
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