r- 10607City Council Meeting: September 13, 2011 Santa Monica, California
RESOLUTION NUMBER 10607 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING A MASTER COOPERATIVE AGREEMENT WITH THE
EXPOSITION METRO LINE CONSTRUCTION AUTHORITY AND THE LOS ANGELES
COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE MASTER COOPERATIVE AGREEMENT
AND TO NEGOTIATE AND EXECUTE ANY OTHER ANCILLARY AGREEMENTS
THAT MAY BE NECESSARY AND APPROPRIATE
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
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;
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 line and 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, the City of Santa Monica wishes to facilitate the implementation of
the Project in as efficient and as least disruptive manner as is possible; and
WHEREAS, on May 10, 2011 the City Council adopted Ordinance No. 2357
(CCS) authorizing the City Manager to negotiate a master cooperative agreement with
the Authority and LACMTA concerning the construction and operation of the Project,
with the agreement being subject to City Council review and approval; and
WHEREAS, Ordinance No. 2357 (CCS) specifically authorizes the establishment
through the master cooperative agreement of requirements and process different from
those generally required by the Municipal Code so long as they serve the public interest
by facilitating the construction of the light rail; and
WHEREAS, the City Manager has negotiated a master cooperative agreement
with the Authority and as appropriate with the LACMTA and has presented the
agreement to the City Council for its review and approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. In accordance with Ordinance No. 2357 (CCS), the City Council
approves the master cooperative agreement negotiated between the City of Santa
Monica and the Exposition Metro Line Construction Authority and as appropriate the
Los Angeles County Metropolitan Transportation Authority, attached as Exhibit 1 to this
Resolution.
SECTION 2. The City Council authorizes the City Manager to execute the
master cooperative agreement attached as Exhibit 1 to this resolution, and authorizes
the City Manager to negotiate and execute any other ancillary agreements that may be
necessary or appropriate to carry out the purposes of the master cooperative
agreement, including negotiating and executing any minor amendments to the master
cooperative agreement that are consistent with the City Council approvals of and
directions for the Project, that the City Manager determines appropriate to fulfill the
purposes of the City Council's approvals and directions and that the City Manager
determines to be necessary and appropriate to expedite the construction or operation of
the Exposition Metro Line light rail transit project, while also preserving the public
health, safety and welfare of the citizens of the City of Santa Monica.
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SECTION 3. The City Manager shall report to the City Council in writing any
minor amendment to the master cooperative agreement within thirty (30) days of its
execution.
SECTION 4. Any provision of any other resolution inconsistent with the
provisions of this Resolution, to the extent of such inconsistencies and no further, is
repealed or modified to that extent necessary to effect the provisions of this Resolution.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Resolution 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 Resolution. The City Council hereby declares that it would
have passed this Resolution, and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the Resolution would be subsequently declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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MAR HA ONES MOQJTRIE4
City Attorr
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Adopted and approved this 13th day of September, 2011.
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Ri hard Bloom, Mayor
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution No. 10607 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 13th day of September; 2011, by the following vote:
Ayes: Councilmembers: Holbrook, McKeown, O'Connor, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
Noes: Councilmembers: None
Absent: Councilmembers: Shriver
ATTEST:
Maria M. Stewart, Ci Clerk