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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 2 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 3 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. 4 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 5 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 6 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