HomeMy WebLinkAbout9/7/2016 - STAFF REPORTS - 1.E. ALM a°O
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c441FORN% City Council Staff Report
DATE: September 7, 2016 CONSENT CALENDAR
SUBJECT: APPROVAL OF A FREEWAY MAINTENANCE AGREEMENT WITH THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
INTERCHANGES ON STATE HIGHWAY ROUTE 10 (INTERSTATE 10)
AT INDIAN CANYON DRIVE AND GENE AUTRY TRAIL/PALM DRIVE
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
Staff recommends adoption of a resolution to execute a Freeway Maintenance
Agreement with the California Department of Transportation ("Caltrans") to identify the
division of maintenance responsibilities of the interchanges on Interstate 10 at Indian
Canyon Drive and Gene Autry Trail/Palm Drive, as required by Section 27 of the
California Streets and Highways Code.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A FREEWAY MAINTENANCE
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR
THE INTERCHANGES ON STATE HIGHWAY ROUTE 10 (INTERSTATE 10) AT
INDIAN CANYON DRIVE AND GENE AUTRY TRAIL/PALM DRIVE, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY OF PALM SPRINGS."
STAFF ANALYSIS:
On July 23, 1962, a Freeway Agreement was executed between the County of
Riverside (County) and the California Department of Transportation (State) relating to
maintenance of the State Highway Route 10 (Interstate 10 [I-10]). Subsequently, on
August 9, 1965, a Second Supplemental Freeway Agreement was executed between
the County and State, wherein County consented to certain adjustments of the local
street and road system required for the development of that portion of 1-10 within the
jurisdictional limits of the County as a freeway. On June 24, 1986, a Freeway
Maintenance Agreement was executed between the County and State to specifically
ITEM NO.- &
City Council Staff Report
September 7, 2016-- Page 2
Approve 1-10 Freeway Maintenance Agreement
identify each agency's respective maintenance obligations associated with 1-10 and its
various freeway interchanges located in unincorporated areas of Riverside County.
In 1994 the City annexed areas within the County and assumed the obligation of
maintenance from the County. On May 18, 2016, the City Council held a public hearing
and approved a Freeway Agreement with the State, to supersede and replace the
existing Freeway Agreement previously approved by the County and State, to document
the City's consent to certain adjustments of the local street and road system required for
the development of that portion of 1-10 within the jurisdictional limits of the City as a
freeway.
As a result of the re-construction of the Indian Canyon Drive and Gene Autry Trail/Palm
Drive 1-10 Interchange Projects, the State has required that the City approve a new
Freeway Maintenance Agreement to clarify division of the maintenance responsibilities
of the two interchanges as generally shown in Figure 1.
LOCATION 2
INDIAN CANYON DRIVE OC
PM 33.1
.p
LOCATION 1 DESERT HOT SPRINGS I
GARNETT AVENUE INTERSECTION I
PM 32.9
Rl�
16
PALM SPRINGS
CATHEDRAL CITY
LOCATION 3
PAW DRIVE OC
PM 36.1
Figure 1
The Freeway Maintenance Agreement (FMA) identifies the maintenance responsibilities
of both the City and State for the interchanges and is required to be executed because
the Interchange Projects involve State right-of-way. The FMA requires the City to
maintain, at City expense: the bridge deck and/or surfacing; structural drainage system;
all portions of the structure above the bridge deck including lighting and fencing; and all
traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may
be required for the benefit or control of traffic using that overcrossing or facility. The
02
City Council Staff Report
September 7, 2016 -- Page 3
Approve 1-10 Freeway Maintenance Agreement
State is responsible for structural bridge maintenance for the portions of the bridge built
within State right-of-way.
A copy of the Freeway Maintenance Agreement is included as Attachment 1.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a `Project' as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a 'Project' means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is to adopt a Resolution approving a Freeway
Maintenance Agreement with the California Department of Transportation and
authorizing the City Manager to execute the agreement on behalf of the City, is exempt
from CEQA pursuant to Section 15378(b), in that a 'Project' does not include: (5)
Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment.
FISCAL IMPACT:
The financial impact of revising and updating the Freeway Maintenance Agreement is
minor since this is an update to an existing agreement that the State had with Riverside
County of which transfer of maintenance responsibilities was assumed with the
Annexation in 1994 that included these interchanges to be within the City of Palm
Springs jurisdiction. Furthermore, these new interchanges incorporate design features
that consider projects to be built with minimal to no maintenance necessary if proper or
anticipated use of the facility is adhered to. In addition, the City has in its annual budget
local Measure A funds (fund 134) in the amount of $100,000 should there be a need for
work or emergency repairs for bridge work.
SUBMITTED:
r--
Marcus L. Fuller, MPA, P.E., P.L.S. David eady, Esq.,
Assistant City Manager/City Engineer City Manager
Attachments:
1. Freeway Maintenance Agreement
2. Resolution
03
ATTACHMENT 1
04
08-RIV-IO-PM 32.9/36.1
FREEWAY MAINTENANCE
AGREEMENT
WITH
CITY OF PALM SPRINGS
THIS AGREEMENT is made effective this day of 2016, by and
between the State of California, acting by and through the Department of Transportation,
hereinafter referred to as "STATE" and the City of Palm Springs; hereinafter referred to as
"CITY" and collectively referred to as "PARTIES".
SECTION I
RECITALS
1. WHEREAS, on May 18, 2016 a Freeway Agreement was executed between CITY and
STATE, wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that portion of Interstate 10 (I-10) within the
jurisdictional limits of the CITY as a freeway; and
2. WHEREAS, on July 23, 1962 a Freeway Agreement and on August 9, 1965 a Second
Supplemental Freeway Agreement were executed between County of Riverside (COUNTY)
and STATE, wherein COUNTY consented to certain adjustments of the local street and road
system required for the development of that portion of Interstate 10 (I-10) within the
jurisdictional limits of the COUNTY as a freeway, and CITY has annexed areas within the
COUNTY and assumed the obligation of maintenance from the COUNTY; and
3. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing
completion, and the PARTIES hereto mutually desire to identify the maintenance
responsibilities for improvements to separation structures and landscaped areas lying within
those modified freeway limits; and
4. The degree or extent of maintenance work to be performed, and the standards therefore, shall
be in accordance with the provisions of Section 27 of the Streets and Highways Code and the
then current edition of the State Maintenance Manual.
5. WHEREAS, pursuant to Section 6 of the above May 18, 2016 Freeway Agreement, CITY
has resumed or will resume control and maintenance over each of the affected relocated or
reconstructed CITY streets, except for those portions adopted as a part of the freeway proper;
and
6. WHEREAS, on June 24, 1986 a Freeway Maintenance Agreement (FMA) was executed
between County of Riverside (COUNTY) and STATE, and the CITY has annexed areas
within the COUNTY and thereby assumed the obligations of maintenance from the
COUNTY within the annexed areas under said FMA; and
7. WHEREAS, new improvements have been constructed in accordance with Cooperative
Agreement # 8-1433 (IMPROVEMENTS) within CITY limits, PARTIES now desire
to define the maintenance responsibilities for said IMPROVEMENTS and to supersede
CITY's obligations under the June 24, 1986 FMA by entering this new Agreement.
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08-RIV-10-PM 32.9/36.1
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
1. This agreement supersedes portions of said Freeway Maintenance Agreement dated June 24,
1986, within the areas annexed by CITY.
2. CITY agrees to continue their control and maintenance of each of the affected relocated or
reconstructed CITY streets and roads as shown on that plan map attached hereto, marked
Exhibit A, and made a part hereof by this reference.
3. STATE agrees to continue control and maintenance of those portions adopted as a part of I-
10 Freeway proper as shown in Exhibit A.
4. The CITY will assume sole maintenance responsibilities on individual infrastructure items as
provided in Exhibit C attached and made a part of this Agreement by reference, as long as it
is not in conflict with the terms of this Agreement. In case of a conflict, the terms of this
Agreement shall prevail.
5. If there is mutual agreement on the change in the maintenance duties between PARTIES, the
PARTIES can revise Exhibit C by a mutual written execution of Exhibit A and C.
6. When another planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described which will affect the
PARTIES' division of maintenance responsibility as described herein, STATE will provide a
new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit
A and become part of this Agreement.
7. CITY and STATE agree to accept their then respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional boundaries of
the PARTIES should change and Exhibit A is amended to reflect those changes.
8. CITY must obtain the necessary Encroachment Permits from STATE's District 08
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
9. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
9.1. STATE will maintain, at STATE expense, the entire structure of any STATE
constructed vehicular and pedestrian overcrossings of 1-10 below the deck wearing
surface and any wearing surface treatment thereon.
9.2. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage
system (and shall perform such work as may be necessary to ensure an impervious
and/or otherwise suitable surface) and all portions of the structure above the bridge deck,
including, but without limitation, lighting installations, as well as all traffic service
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O8-RIV-10-PM 32.9/36.1
facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required
for the benefit or control of traffic using that overcrossing.
9.3. As directed by section 92.6 of the Streets and Highways Code, at locations determined
by STATE, screening shall be placed on STATE freeway overpasses on which
pedestrians are allowed. All screens installed under this program will be maintained by
STATE, at STATE expense.
10. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
10.1 STATE will maintain the entire structure of all STATE-constructed vehicular and
pedestrian undercrossings of STATE freeways except as hereinafter provided.
10.2 CITY will be maintain the roadway sections, including the traveled way, shoulders,
curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations,
lighting installations and traffic service facilities that may be required for the benefit or
control of traffic using that undercrossing.
10.3 CITY will request STATE's District Encroachment Permit Engineer to issue the
necessary Encroachment Permit for any proposed change in minimum vertical
clearances between CITY roadway surface and the structure that results from
modifications to the roadway (except when said modifications are made by STATE). If
the planned modifications will result in a reduction in the minimum clearance within the
traveled way, an estimate of the clearance reduction must be provided to STATE's
Transportation Permit Engineer prior to starting work. Upon completion of that work, a
vertical clearance diagram will be furnished to STATE's Transportation Permit Engineer
that shows revised minimum clearances for all affected movements of traffic, both at the
edges of the traveled way and at points of minimum clearance within the traveled way.
11. WALLS AND COLUMNS —CITY is responsible for debris removal, cleaning, and painting
to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti.
12. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other
types of roadside development lying outside of the fenced right of way area reserved for
exclusive freeway use.
13. INTERCHANGE OPERATON - It is-STATE's responsibility to provide efficient operation
of freeway interchanges, including ramp connections to local streets and roads.
14. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
14.L The cost of installation, operation, maintenance, repairs, replacement and energy costs
of safety lighting, traffic signals or other necessary electrically operated traffic control
devices placed at interchanges of I-10 Freeway and CITY streets and roads and at ramp
connections or I-10 and CITY facilities shall be shared by the PARTIES in a separate
Shared Cost Electrical Agreement. A separate "Shared Cost Electrical Agreement" will
be executed in the future allocating these costs between the PARTIES.
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O8-RIV-10-PM 32.9/36.1
14.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no
conflict is created with freeway operations, shall be the sole responsibility of STATE.
15. BICYCLE PATHS - Except for bicycle paths constructed as permitted encroachments within
STATE's right of way for which the permittee is solely responsible for all path
improvements, STATE will maintain, at STATE expense, all fences, guard railing, drainage
facilities, slope and structural adequacy of any bicycle path located and constructed within
STATE's right of way. CITY will maintain, at CITY expense, a safe facility for bicycle
travel along the entire length of the path by providing sweeping and debris removal when
necessary; and all signing and striping and pavement markings required for the direction and
operation of that non-motorized facility.
16. LEGAL RELATIONS AND RESPONSIBILITIES
16.L Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not PARTIES to this Agreement or to affect the
legal liability of a PARTY to the Agreement by imposing any standard of care with
respect to the operation and maintenance of STATE highways and local facilities
different from the standard of care imposed by law.
16.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by STATE, under
or in connection with any work, authority or jurisdiction conferred upon STATE and
arising under this Agreement. It is understood and agreed that STATE shall fully
defend, indemnify and save harmless CITY and all of its officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or omitted to be
done by STATE under this Agreement.
16.3. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or jurisdiction conferred upon CITY and
arising under this Agreement. It is understood and agreed that CITY shall fully defend,
indemnify and save harmless STATE and all of its officers and employees from all
claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortious, contractual, inverse condemnation or other
theories or assertions of liability occurring by reason of anything done or omitted to be
done by CITY under this Agreement.
17. PREVAILING WAGES:
17.1. Labor Code Compliance- If the work performed on this Project is done under contract
and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it
is construction, alteration, demolition, installation, or repair; or maintenance work under
Labor Code section 1771. CITY must conform to the provisions of Labor Code sections
1720 through 1815, and all applicable provisions of California Code of Regulations
found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include
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08-RIV-10-PM 32.9/361
prevailing wage requirements in its contracts for public work. Work performed by
CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
17.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" as defined in Labor Code Section
1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage
requirements set forth in CITY's contracts.
18. INSURANCE
18.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-
insured coverage providing general liability insurance, coverage of bodily injury liability
and property damage liability, naming the STATE, its officers, agents and employees as
the additional insured in an amount of $1 million per occurrence and $2 million in
aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of
insurance in a form satisfactory to the STATE that shall be delivered to the STATE with
a signed copy of this Agreement.
18.2. SELF-INSURED using Contractor - If the work performed under this Agreement is
done by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force,
during the term of this agreement, a policy of general liability insurance, including
coverage of bodily injury liability and property damage liability, naming the STATE, its
officers, agents and employees as the additional insured in an amount of$1 million per
occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be
evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be
delivered to the STATE with a signed copy of this Agreement.
19. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and CITY's failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE.
20. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminated at any
time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on
behalf of the respective agencies and covenants to have followed all the necessary legal
requirements to validly execute this Agreement.
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08-RIV-10-PM 32.9/36.1
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first
above written.
THE CITY OF PALM SPRINGS STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: MALCOLM DOUGHERTY
Mayor Director of Transportation
Initiated and Approved
By: By:
CITY Manager Stephen R. Pusey
Deputy District Director
Maintenance, District 08
ATTEST:
By:
CITY Clerk
As to Form and Procedure:
By: By:
CITY Attorney Attorney
Department of Transportation
6
10
EXHIBIT "A"
DELEGATION OF MAINTENANCE
Plan map identifying the applicable 1-10 Freeway proper and CITY
road(s) and facilities
11
DIST COUNTY ROUTE POST MILE SHEET SHEETS
08 Riv 10 32.9l36.1 1 4
LOCATION 2
INDIAN CANYON DRIVE OC
PM 33.1
DESERT HOT SPRINGS
LOCATION 1
GARNETT AVENUE INTERSECTION
PM 32.9
70
PALM SPRINGS
CATHEDRAL CITY
LOCATION 3
PALM DRIVE OC
PM 36.1
FREEWAY MAINTENANCE AGREEMENT
EXHIBIT 'A'
SHEET 1 OF 4
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TO BE MAINTAINED BY CITY OF PALM SPRINGS
LOCATION 1 GARNETT AVENUE INTERSECTION
EXHIBIT 'A'
NO SCALE SHEET 2 OF 4
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EXHIBIT 'A'
LOCATION 3 PALM DRIVE OVERCROSSING NO SCALE SHEET 4 OF 4
EXHIBIT"B"
This page is intentionally left blank.
16
EXHIBIT "C"
ADDITIONAL NON-STANDARD FEATURES
TO BE
MAINTAINED BY CITY
Exhibit C includes:
C-1 Indian Canyon Drive - Aesthetic Photo
C-2 Indian Canyon Drive - Aesthetic Overview
C-3 Indian Canyon Drive - "Desert Hot Springs" Script & Chain Link Railing
Details
C-4 Indian Canyon Drive - "Palm Springs" Script& Chain Link Railing Details
17
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a EXHIBIT 'C-l'
SHEET 1 OF 4
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21
EXHIBIT 'C-4'
SHEET 4 OF 4
ATTACHMENT 2
22
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A FREEWAY
MAINTENANCE AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE
INTERCHANGES ON STATE HIGHWAY ROUTE 10
(INTERSTATE 10) AT INDIAN CANYON DRIVE AND GENE
AUTRY TRAIL/PALM DRIVE, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY OF PALM SPRINGS
WHEREAS, on July 23, 1962, a Freeway Agreement and on August 9, 1965, a Second
Supplemental Freeway Agreement were executed between the County of Riverside (the
"County") and State of California, Department of Transportation (the "State"), wherein
County consented to certain adjustments of the local street and road system required
for the development of that portion of Interstate 10 ("I-10") within the jurisdictional limits
of the County as a freeway; and
WHEREAS, on June 24, 1986, a Freeway Maintenance Agreement was executed
between County and State for 1-10 extending through the Coachella Valley, including
the Indian Canyon Drive and Gene Autry Trail/Palm Drive interchanges (the
`Interchanges"); and
WHEREAS, in 1994 the City of Palm Springs ("City") completed the annexation of areas
within the County inclusive of 1-10 and portions of the Interchanges; and
WHEREAS, upon annexation of those areas within the County, the City assumed
responsibility and obligation for maintenance of its portions of the Interchanges from the
County; and
WHEREAS, on May 18, 2016, the City held a public hearing and approved a Freeway
Agreement with the State, agreeing to certain adjustments of the local street and road
system required for the development of that portion of 1-10 within the jurisdictional limits
of the City as a freeway; and
WHEREAS, recent adjustments to 1-10 at the Interchanges have now been completed,
and it is necessary for the City and State to identify its respective maintenance
responsibilities for improvements associated with the Interchanges located within the
modified freeway limits; and
WHEREAS, the degree or extent of maintenance work to be performed, and the
standards therefore, shall be in accordance with the provisions of Section 27 of the
California Streets and Highways Code and the then current edition of the State
Maintenance Manual; and
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Resolution No.
Page 2
WHEREAS, pursuant to Section 6 of the Freeway Agreement approved May 18, 2016,
the City has resumed control and maintenance over each of the affected, relocated or
reconstructed City streets, except for those portions adopted as a part of the freeway
system; and
WHEREAS, the City and State desire to define its respective maintenance
responsibilities for the Interchanges and to supersede City's assumed obligations upon
annexation of the areas from County pursuant to the prior Freeway Maintenance
Agreement approved by the County and State on June 24, 1986, by entering into a new
Freeway Maintenance Agreement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby approves a Freeway Maintenance Agreement
with the California Department of Transportation for the Interchanges at State Highway
Route 10, also known as Interstate 10, at Indian Canyon Drive and Gene Autry
Trail/Palm Drive located within the corporate limits of the City of Palm Springs.
Section 2. The City Manager is hereby authorized to execute the Freeway
Maintenance Agreement on behalf of the City of Palm Springs.
ADOPTED this 7th day of September, 2016.
DAVID H. READY, CITY MANAGER
ATTEST:
JAMES THOMPSON, CITY CLERK
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Resolution No. _
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on September 7, 2016,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
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