O2357City Council Meeting: May 10, 2011 Santa Monica, California
ORDINANCE NUMBER 2357 (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
Tight 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 Caiifornia Public Utilities Code, for the exclusive purpose of completing the
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 4th Street in Santa Monica; and
WHEREAS, within the City of Santa Monica 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 Tine; 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
potential impact as it will traverse the City from its eastern border and travel nearly to
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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,
standards, customs, policies and practices in the construction and operation of the
Exposition Metro Lineiight rail transit project.
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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.
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
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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, to 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.
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
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official newspaper within 15 days after its adoption. This Ordinance shall be effective 30
days from its adoption.
APPROVED AS TO FORM:
MA SHA ES MOU IE
Cit Attor ey
Approved and adopted this 10th day of May, 2011.
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2357 (CCS) had its introduction
on April 26, 2011, and was adopted at the Santa Monica City Council meeting
held on May 10, 2011, by the following vote:
Ayes: Council members: McKeown, O'Day, Shriven
Mayor Pro Tem .Davis, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook, O'Connor
A summary of Ordinance No. 2357 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
.~'~.~a ~ ;gyp ~
Denise Anderso~i-Warren, Acting City Clerk