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Agenda Item 13.

City Council Meeting

Meeting Date:	05/19/2020
FROM:	Bill Gallardo

Subject:

Encroachment License Agreement with TH Brea Venture, LLC for West Village development in Central Park Village located at Southwest Corner of Central Avenue and Site Drive

RECOMMENDATION

Approve Encroachment License Agreement

BACKGROUND/DISCUSSION

On April 2, 2019, Precise Development Plan 18-02 for West Village ("Project") within Central Park Village was administratively approved to construct 82 Residential Units. The Project area is approximately 4.6 acres and is a part of the Central Park Village master planned community. Central Park Village is located at the southwest corner of W. Central Avenue and Site Drive. Refer to Exhibit 'A' for the Project Location.

As part of the conditions of approval, Trumark Homes ("Property Owner") was required to construct enhanced hardscape and landscape improvements on Central Avenue fronting the Project. The enhanced improvements include landscaping, irrigation, trees, decorative concrete pavement, a concrete water fountain and patio furniture. Refer to Exhibit 'B' for the rendering of the enhanced improvements.

Since the above mentioned improvements are proposed to be constructed within public sidewalk area, they are considered an encroachment onto City owned right-of-way. Therefore, the Property Owner was required to enter into an Encroachment License Agreement ("Agreement") with the City to allow for the construction and maintenance of these enhanced improvements. This Agreement stipulates that the Property Owner is solely responsible for the construction and maintenance of the improvements. The Agreement has been reviewed and approved to form by City Attorney's office. Refer to Exhibit 'C' for the Encroachment License Agreement.

FISCAL IMPACT/SUMMARY

There is no fiscal impact associated with this action. Additionally, all staff costs associated with this effort were included in the development fees collected from the Developer. Therefore, there is no impact to the General Fund.

The Property Owner is required to enter into an Agreement with the City for the enhanced improvements that encroach onto the City owned right-of-way. The Agreement has been reviewed by the City Engineer and City Attorney's office. Therefore, staff is recommending the City Council consider approving the Agreement.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Hsing Chao, Associate Engineer
Concurrence: Michael Ho, P.E. Deputy Public Works Director / City Engineer
Tony Olmos, P.E., Public Works Director

Attachments
Exhibit 'A' - Project Location
Exhibit 'B' - Enhanced Improvements Rendering
Exhibit 'C' - Encroachment License Agreement