HomeMy WebLinkAbout22365 - RESOLUTIONS - 10/15/2008 RESOLUTION NO. 22366
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO APPROVE THE ACQUISITION OF RIGHT-
OF-WAY FOR THE INDIAN CANYON DRIVE /
INTERSTATE 10 INTERCHANGE PROJECT CP. 00-14,
CALTRANS EA 455700.
WHEREAS, the City of Palm Springs ("City"), in cooperation with the state of California,
acting by and through its Department of Transportation ("Caltrans"), has proposed to
widen Indian Canyon Drive on both sides of Interstate 10 (I-10) near the interchange, to
widen and relocate existing ramps and to replace the existing overcrossing structure on
I-10 at Indian Canyon Drive, City Project No. 00-14, Caltrans Project EA 455700, a local
public agency project on the State Highway System, ("Project"); and
WHEREAS, on October 3, 2007, the City approved Amendment No. 2 to City
Agreement No. 4429, Caltrans Agreement No. 8-1165, a Cooperative Agreement
regarding the preliminary engineering, design, and all right-of-way activities associated
with the Project ("Agreement"); and
WHEREAS, Section 2, Item 3, of the Agreement obligates Caltrans to cover the costs of
all right-of-way acquisition for the Project, up to the amount of$3,383,000 and states:
To deposit with CITY within twenty-five (25) days of receipt of billing therefore,
the amount of $3,383,000, which figure represents STATE'S lump sum total not
to exceed amount for Right of Way capital support costs for PROJECT.
WHEREAS, the Project requires the acquisition or various parcels of permanent right-of-
way and temporary easements, from a variety of different property owners; and
WHEREAS, pursuant to the terms of the Agreement, the City shall acquire and furnish
all right of way, if any, outside of the existing State Highway System right of way and to
perform all right of way activities, including all eminent domain activities, if necessary, in
accordance with procedures acceptable to Caltrans, in compliance with all applicable
State and Federal laws and regulations; and
WHEREAS, Caltrans is performing complete oversight of the City's right-of-way
activities for the Project, in accordance with its own procedures and all applicable State
and Federal laws and regulations, and
WHEREAS, Title 7 "Procurement and Contracting" of the Palm Springs Municipal Code,
("Code"), established procedures for the procurement of supplies, services, and
construction of public projects, and defined the authority for the procurement function
including signatory authority for purchase orders and written contracts which bind the
Resolution No. 22365
Page 2
City for the acquisition of equipment, supplies, labor or services within the budget
approved by the City Council and within the monetary limits established by the City
Council; as provided in Section 318 the City Charter; and
WHEREAS, Section 318 of the City Charter allows the City Council by Resolution to
authorize the City Manager to bind the City, with or without a written contract, including
by purchase order, for the acquisition of equipment, materials, supplies, labor, services
or other items included within the budget approved by the City Council, and may impose
a monetary limit upon such authority; and
WHEREAS, the public's interest is best served by implementing a streamlined process
for the acquisition of right-of-way and easements for the Project, whereby the City
Council authorizes the City Manager to acquire any and all right-of-way and easements
for the Project pursuant to the terms of the Agreement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council hereby authorizes the City Manager to approve any and
all agreements for the acquisition of permanent right-of-way or temporary easements,
as the case may be, for the Indian Canyon Drive/Interstate 10 Interchange, City Project
No. 00-14, Caltrans Project EA 455700.
Section 2. The City Manager may designate the Director of Public Works/City
Engineer, or his designee, to execute and process any and all escrow documents or
other forms on behalf of the City Manager, as may be necessary to facilitate the transfer
of property, subject to the approval of the City Attorney.
ADOPTED THIS 15th day of October, 2008.
David H. Ready,F onager
ATTEST:
fines Thompson, City Clerk
Resolution No. 22365
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. 22365 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 the 15th day of October, 2008,
by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tem Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
yofes�T—homSson, Clerk
Pal itymprings, CaClifornia