HomeMy WebLinkAbout4/5/2017 - STAFF REPORTS - 1.B. Fp AMSp
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Oq</FORN�P City Council Staff Report
Date: April 5, 2017 CONSENT CALENDAR
Subject: INDIAN CANYON DRIVE PEDESTRIAN BRIDGE REPAINTING
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
This action ratifies approval of a Purchase Order in the amount of $30,060 to complete
the repainting of the Indian Canyon Drive pedestrian bridge.
RECOMMENDATION:
Authorize the issuance of a Purchase Order to Palm Springs Action Painting, in the
amount of$30,060 for the repainting of the Indian Canyon Drive pedestrian bridge.
STAFF ANALYSIS:
On March 21 , 2001, the City Council approved Case No. 5.0853 (Planned Development
District No. 264 and Tentative Tract Map 29988) for the development of a 17-unit
condominium development located at the northwest corner of Indian Canyon Drive and
Stevens Road. This development project was the third component of a previously
approved and constructed residential condominium / hotel project called "Desert
Shadows" located on the east side of N. Indian Canyon Drive extending from Vista
Chino to Stevens Road. A unique element of the third phase of this development project
was the need for a pedestrian access bridge across Indian Canyon Drive linking the
third phase located on the west side of the street, to the recreational amenities located
on the east side of the street.
As part of the City Council's conditional approval of the development project, the private
pedestrian access bridge was approved subject to the developer (Desert Shadows III,
L.P.), entering into an encroachment permit authorizing the construction and maintenance
of the privately owned pedestrian bridge spanning a public street. An Encroachment
Permit was subsequently issued by the City Engineer on November 4, 2002, which was
recorded as Document No. 2002-684305, (include as Attachment 1).
ITEM NO.
City Council Staff Report
April 5, 2017- Page 2
Indian Canyon Drive Pedestrian Bridge Painting
Included as an enforceable obligation on the Encroachment Permit is a requirement to
maintain the encroachment, which states: Permittee shall have the right and obligation to
maintain, paint, repair, restore and replace, at its own cost and expense, the
Encroachment so as to keep the Encroachment and the Encroachment area in a neat,
clean, first class condition and in good order and repair, including free of trash and debris
at all times...In the event that Permittee does not maintain the Encroachment as required
herein, the City will have the option to either (i) terminate the Permit...or (ii) after giving
Permittee reasonable notice, to make such repairs or perform such maintenance as is
required. If the City performs the required repairs and/or maintenance, City will submit a
bill to Permittee who will promptly reimburse City for such work performed.
The Encroachment Permit also allows for the City to enforce its rights through a lien
against the Permittee.
Following its construction in 2002, no maintenance has occurred on the Indian Canyon
Drive pedestrian bridge. At the direction of City Council, the City Attorney's office initiated
code enforcement action against the property owners on either side of the pedestrian
bridge, to require maintenance and repainting of the pedestrian bridge. However, despite
repeated demands, the property owners on either side of the pedestrian bridge have
refused to comply. As a result, the City Attorney's office obtained a court order and
warrant, authorizing the City to proceed with the required maintenance and repainting of
the pedestrian bridge.
Staff has obtained a proposal from various contractors to perform the required
maintenance and repainting; Palm Springs Action Painting has been selected to perform
the work, at a total cost of $30,060. Given time constraints to complete the work under the
provisions of the court order and warrant, the City Manager authorized the work to
proceed, and staff is requesting the City Council to ratify and approve the issuance of the
Purchase Order.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes
of projects that do not have a significant effect on the environment, and are declared to
be categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 projects
consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public structures, facilities, mechanical equipment or topographical
features involving negligible or no expansion of use beyond that existing at the time of
the lead agency's determination. Therefore, in accordance with Section 15301, the
maintenance and repainting of the pedestrian bridge is exempt from CEQA.
02
City Council Staff Report
April 5, 2017- Page 3
Indian Canyon Drive Pedestrian Bridge Painting
FISCAL IMPACT:
The total cost to perform the maintenance and repainting of the Indian Canyon Drive
pedestrian bridge is $30,060 for the repainting, plus an additional cost of up to $10,000
(dependent upon number of days) for traffic control provided by Tops in Barricades (by
separate Purchase Order). Sufficient funds are available to cover this cost, which will be
recovered through the City Attorney's office as a lien filed against the property owners
on either side of the bridge.
SUBMITTED:
Marcus L. Fuller, MPA, PE, PLS David H. Ready, Esq., i� D
Assistant City Manager/City Engineer City Manager
03
ATTACHMENT 1
04
DOC N 2002-66430M
11/20/20e2 08:88A Fos:NC
Pape 1 of 7
FREE RECORDING REQUESTED RE Recorded in Official Records
Q County of Riverside
AND WHEN RECORDED MAIL TO: Gary L. Orss
Assessor, County Clerk t Recorder
P.O. ox 7ALMSPRINGS I�iIIII�INIIIIIIIIIIIi�iIIIIIIIIiIIINIIIIIIIilllll
Palm Springs,California 92263-2743
Attn: City Clerk
Engineering Division
M $ v rA6E era d1 PCgI MJCp1 e,I Mee"
1 f
Filing Fee Exempt Per Government Code 6103
A A L CGY Ld10 Pe11"N AGIq IIV,,,
CR C 1MENT PERMIT r
THIS ENCROACHIviENT PERMIT(the"Permit")is issued this da of � MG
Y t�!,2002,
to Desert Shadows III, LP ("Permittee").
R E C I T A 1, :
A. Pennittee is the owner of that certain real property located in the City of Palm springs,
County ofRiverside,State ofCalifomia commonly known as 1533 Chaparral Road and 100 Stevens Road
East, (APN 507-025-022 and 505-166- 009), more particularly described on Exhibit "A" attached
hereto and incorporated herein by reference ("Permittee Property").
B. City is the owner ofeertain fee and/oreasement interests in OW certain real property located
in the City ofPalm Springs,County ofRiverside,State ofCaliforniaadjacentto the Applicant Property and
more particularly depicted on Exhibit "B" ("City Property").
C. Permittee desires to construct a pedestrian bridge across Indian Canyon Drive North in
accordance with plans approved on October 10,2002(Building PermitNo.C 3628)which will encroach
on the City property in the location depicted on Exhibit"B"attached hereto and incorporated herein by
reference (the "Encroachment").
D. Pursuant to the authority granted in Chapter 14.16 ofthe Palm Springs Municipal Code,the
Director is granting to Permittee an encroachment permit("Permit")for the Encroachment subject to the
provisions of Chapter 14.16 and the terms and conditions of this Pen-nit as set forth below:
1. Permit. The City hereby grants a Permit to Permittee to construct the Encroachment in
accordance with Chapter 14.16 of the Palm Springs Municipal Code, and upon all of the terns and
conditions of this Permit stated hereon.Prior to commencement ofconstruction,Permittee shall submit all
building plans,drawings and specifications necessary forthe constmctionofthe Encroachmentand obtain all
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approvals and building and right-of-way construction permits required for the construction of the
Encroachment.
2. Commencement of Construction. Permittee shall commence the construction of the
Encroachment within a reasonable amount of time,in no event to exceed ninety(90)days following the
issuance date ofthis Permit. Before beginning any physical work on the Encroachment,Permittee shall notify
the City in writing,at least twenty-four(24)hours prior to commencement ofsuch work. Permitteeshallalso
notify the City upon completion of the Encroachment.
3. Construction of Encroachment. Any structure placed pursuant to this Permit shall be
constructed in a careful and workmanlike manner and in accordance with plans and specifications to be:
submitted to and approved by the City ofPalmSprings Department ofBuilding and Safety before Permittee
commences performance ofany work on Permittee Property.The top ofthe foundation for the pier column
shall be a mini mumofone and one-half(1-1/2)feet below the existing top ofcurb.The pier column location
shall not be varied from the approved plan location and face of said column shall be no closer than thirty
eight and one-half(38.5) feet from the centerline of the street. The developer is responsible for any
relocation ofany portion ofor all ofthe bridge structure resulting from the bridge not being constructed per
the approved plans(Building Permit No.C 3 62 8)based on the fact that the proposed design of the pier
column barely clears the ultimate street improvement locations.
4. Maintenance. Permittee shall have the right and obligation to maintain,paint,repair,
restore and replace,at its own cost and expense,the Encroachment so as to keep the Encroachment and the
Encroachment area in a neat,clean,fast class condition and in good order and repair,including free oftrash
and debris at all times. Permittee shall have access across the City Property at all times while the Permit is in
effect solely for the purposes as noted in Section 3. In the event that Permittee does not maintain the
Encroachment as required herein,the City will have the option to either(i)terminate the Permit as more
particularly provided in Section 11 or,(ii)after giving Permittee reasonable notice,to make suchrepairs or
perform such maintenance as is required. IfCity performs the required repairs and/or maintenance,City will
submit a bill to Permittee who will promptly reimburse City for such work performed.
5. Alterations. Permittee may not make any alterations or changes to the Encroachment
without the written approval ofDirectoro€Planning and Zoning,moreover,the bridge shall besubjectto on-
going monitoring to ensure that,in the future as adjacentproperties develop and redevelop,all users ofthe
structure are adequately screened from al]vantage points.The Director ofPlanning and Zoning shall have the
ability to require adjustments or modifications to the screening to maintain privacy and ensure the complete
screening of all bridge users from all off-site locations and the public right-of-way.
6. Erection and Maintenance of Safety Provisions. Permittee shall,in connectionwith the
construction and maintenance of the Encroachment,provide,erect,and maintain such lights, barriers,
warning signs or other safeguards as are reasonably necessary to protectanyone utilizing the City Property
for whatever reason. In the event that the City determines that suitable safeguards are not being provided,
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the City may,after reasonable notice to Permittee,provide,erect and maintain such safeguards. If the City
provides the safeguards pursuant to this Section 5,City shall submit a bill to Permittee,and Permittee shall
immediately reimburse City for such work performed.
7. Indemnity. Permittee hereby agrees to indemnify and defend the City,its officers,agents
and employees against and to hold and save each ofthem harmless from,any and all actions,suits,claims,
damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities
(collectively"claims or liabilities")that may be asserted or claimed by any person,firm or entity arising out of
or in connection with the location,construction,maintenance,relocation or removal ofthe Encroachment,but
excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City,its
officers, agents or employees, who are directly responsible to City, and in connection therewith:
(a)Permittee will defend any action or actions filed in connection with any of said c I aims or
liabilities and will pay all costs and expenses,including legal costs and attorneys' fees
incurred in connection therewith;
(b)Permittee will promptly pay any judgment rendered against the City,its officers,agents
or employees for any such claims or liabilities and Permittee agrees to save and hold the
City, its officers,agents and employees harmless therefrom;
(c)In the event the City,its officers,agents or employees is made a party to any action or
proceeding filed or prosecuted against Permittee for such damages or other claims arising
out of the location,construction,maintenance,relocation or removal ofthe Encroachment,
Permittee agrees to pay the City,its officers,agents or employees,any and all costs and
expenses incurred by the City,its officers,agents or employees in such action orproceeding,
including,but not limited to,legal costs and attorneys fees.
8. Enforcement of City Rights Through a Lion. If any owner of the Property defaults on
the performance o€any ofits obligations hereunder,the City,its employees,contractors and agents may,at
their sole option,and after making reasonable demand ofthe owner ofthe Property that it cure said default,
cure the default. In making a cure,the City shall give the owners of the Property or their representative,
reasonable notice of the time and manner of said action and said action shall only be at such times and in
such manners as reasonably necessary to carry out this Permit. In such event,the owner of the Property
shall reimburse the City for all costs and expenses related to the curing ofsaid default plus interest at arate
often percent(10%)per annum commencing on the date that is thirty(30)days after the date notice thereof
is given and ending on the date said sum is fully repaid. Any and all delinquent amounts,together with said
interest,costs and reasonable attorneys fees shall be a personal obligation ofthe owner of the Property as
well as alien and charge,with power ofsale,upon the Property. The City may bring an action at law against
the owner of the Property to pay any such sums. The lien provided for in this Section may be recorded by
the City as allotice ofLien against the Property in the Office ofthe Riverside County Recorder,signed and
acknowledged,which Notice ofLien shall contain a statement of the unpaid amount ofcwsts and expenses.
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Such lien may be enforced and foreclosed in asuit or action brought in any court of competent jurisdiction or
in accordance with the provisions of Section 2924 ofthe California Civil Code applicable to the exerciseof
powers ofsale formortgages and deeds oftrust,or inany othermanner permitted by Californialaw.Upon
the timely curing ofany default for which such lien was recorded,the City shall record an appropriate release
of such lien,upon payment by the owner ofthe Property of a reasonable fee to cover the costs ofpreparing
and recording such release,together with the payment ofsuch other costs,including,without limitation,
reasonable attorneys fees,court costs, interest or other fees which have been incurred.
9. Covenants Running With the Land. The covenants and restrictions by Pennittee set forth
inthisPermit: (a)are made forthe direct benefit ofthe City Property;(b)will constitute covenants running
with the land and equitable servitudes;(c)will bind Pemritee and every person having any fee,leasehold or
other interest in any portion ofthe Permitee Property at any time or from time to time;and(d)will inure to
the benefit ofthe City and every person having any fee,leasehold.or other interest in the City Property at any
time or from time to time.
rthan
Insurance.
10.1 Insurance Requirement. During the entire term ofthis Permit,Permitteeag e
aintain public liability and property damage insurance,at its sole expense,in an amount not
tt `
MILLION DOLLARS($1,000,000)combined single limit,insuring against all liability of
its authorized representatives arising out of and in connection with the Encroachment or
oftheEncroachment. Suchpublicliabilityandpropertydamageinsuranceshallalsoprovidet the City against incurring any legal cost in defending claims for alleged loss.
10.2 Primary Policy; Additional Insured. All such insurance as required by this
Section 6 shall be primary insurance and shall name the City as additional insured.
10.3 Insurance Increase. Not more frequently than one(1)time every three(3)years,if,
in the opinion ofthe City Manager or the City s insurance broker,the amount ofpublic liability and property
damage insurance coverage at that time is not adequate,the City Manager may require modifications to this
coverage.
10.4 Insurance Company.All insurance required under this Section 8 shall be issued by
an insurance company authorized to do business in the State California,with a financial rating ofat least A-
3A status as rated in the most recent edition ofBest's Insurance Reports orsuch comparable report should
Best's In.
Reports no longer be available.
10.5 Modification or Cancellation of Policy. All insurance required pursuant to this
Section 8 shall contain an endorsement requiring thirty(30)days written notice from the insurance company
to City before cancellation or change in the coverage,scope,or amount of any policy. Each policy,or a
certificate of the policy,together with evidenceofthe payment ofpremiums,shall bedeposited byPermittee
41I ff
with the City at the commencement of the term,and on a renewal policy not less than twenty(20)days
before expiration of the term of the policy.
11. Termination. This Permit is terminable at such time when the City reasonably determines
that continuance of the Encroachment is inconsistent with the City's use of the City Property or any part
thereof, including but not limited to,construction,reconstruction or maintenance of the City Property
provided that City may notexercise its termination rights herewith for aperiod of five(5)years from the date
of issuance of the permit unless such removal is done to a threat to public health and safety.Such period
gives Permittee areasonable time to recoverits investment.Upon making such determination,City shall give
notice to Permittee that the Permit is therebyterminated(the"TerminationNotice"). Upon termination ofthe
Encroachment, Permittee shall remove the Encroachment and restore the City Property to its former
condition, at Permittee's sole cost and expense, within one-hundred eighty (180)days following the
Termination Notice. In the event Perttee fails to remove the Encroachment and restorethe City Property
within said time period,the City shall have the right to do so without notice to the Permittee by the City.
Permittee shall immediately reimburse the City for all out ofpocket expenses which were expended in order
to remove the encroachment and restor:the City Property. Said amounts shall accrue interest from the date
expended by the City at the maximum legal rate of interest.
12. Limitation On Permittee's Remedies for Termination. It is expressly agreed that
Permittee accepts this Permit with full knowledge ofthe City's termination rights hereunder.Permittee,
without reservation,waives any and all rights itmay have to recover forthe loss,cost,or damage for City's
termination and removal of said Encroachment, including any claim for taking of property, adverse
condemnation,business disruption, interference with contract or any other legal or equitable remedy.
Permittee's sole remedies shall be mandamus or injunction
13. Successors and Assigns. All rights and obligations created by this Permit shall be
appurtenant to and shall run with the Permittee Property and the City Property and each part thereof and
interest thereon, and shall be binding upon the owners of the Permittee Property and its respective
successors and assigns acquiring any right,title and interest in the Permittee Property.Permittee shall have
the duty to give City written notice of any change in ownership within ten(10)days of the occurrence
thereof,
14. Amendment or Modification. This Permit may not be modified or amended except by
written agreement executed by the then-owner of the Permittee Property and the City Property and
recorded in the Office of the County Recorder,County of Riverside,California.
15. Governing Law. ThisPermitshallbe governed and construed inaccor
g Y dancewith the
laws of the State of California.
16, Severability. The invalidity or unenforceability ofany provision of this Permit with respect
to a particular party or setofeircumstances shall not in anyway affect the validity and enforceability ofany
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other provision hereof or the same provision when applied to another party or to a different set of
circumstances.
17. Recordation. This Perooltahellbere mxWin the Office ofttte County R=*rder,Riverside
County,California,and it shell serve as notice to all parties succeeding tothe interest ofPermittee or the city
that their use ofthe Permittee Property and the City Property shall be benefitted and/or restricted in the
manner herein described.
Issued By_Qfl Date Vy ds
City of Palm Springs
i have read the above and agree to comply with theprovisions ofthis permit and to pay for any additional
replacement necessary as the result of this work.
PerMIM-C - 5A Permiltee
S ature T i ure
—;d:4
fir/ F'f1YNE ,eAY LOYM-P
Type or Print Name Type or Print Name
Desert Shadows III, LP
1533 Chaparral Road
Palm Springs, CA 92262
Telephone: 76Q-325-64ip
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EXHIBIT "A"
DESCRIPTION OF PERNITEE PROPERTY
APN 505-166-009
All that portion of Northeast quarter of the Northeast quarter of
Section 10, T 4 S, R 4 E, San Bernardino Base and Meridian,
according to the official plat thereof, described as follows:
BEGINNING at a point on the Easterly line of said Northeast
quarter of the Northeast quarter, 286. 69 feet southerly from the
Northeast quarter thereof:
Thence South, on said easterly line, 60 .00 feet;
Thence Westerly parallel with the North line of said Northeast
quarter of the Northeast quarter, 176. 50 feet;
Thence Northerly parallel with the Easterly line of said
Northeast quarter of the Northeast quarter, 60. 00 feet;
Thence Easterly parallel with the Northerly line of said
Northeast quarter of the Northeast quarter, 176.50 feet tb the
POINT OF BEGINNING;
Except any portion thereof included in public roads.
APN 507-025-022
Lot 1 of Tract Map 29156 as shown in Book 285, Page 95 of Maps,
records of Riverside County, California.
EXHIBIT "B"
DEPICTION OF CITY PROPERTY AND ENCROACHMENT
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