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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. 3 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: a Gdx MAR HA ONES MOQJTRIE4 City Attorr 0 Adopted and approved this 13th day of September, 2011. 112-1 ;It- 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