File #: CC-19-694    Version: 1 Name:
Type: Resolution Status: Adopted
File created: 6/24/2019 In control: City Council
On agenda: 7/9/2019 Final action: 7/9/2019
Title: Request City Council Approve a Maintenance Agreement by and between the City of Rialto and Power Mill LLC for the Maintenance of Landscaping on Cactus Avenue.
Attachments: 1. Exhibit A Landscape and Lighting Plans_Copy.pdf, 2. Exhibit B Maintenance Agreement with Power Mill LLC.pdf
For City Council Meeting [July 9, 2019]
TO: Honorable Mayor and City Council
APPROVAL: Rod Foster, City Administrator
FROM: Robb Steel, ACA/Development Services Director

Title
Request City Council Approve a Maintenance Agreement by and between the City of Rialto and Power Mill LLC for the Maintenance of Landscaping on Cactus Avenue.

Body
BACKGROUND:
The City approved PPD 2017-0050 allowing Power Mill LLC to construct the shopping center anchored by WSS and Aldi. The conditions of approval required Power Mill to construct a 16' median island and construct parkway landscaping in or along both Foothill Boulevard and Cactus Avenue. On June 12, 2018, the City Council annexed the subject areas into the Lighting and Landscaping Maintenance District. The City Council established the maximum annual assessment at $1,370.84.

ANALYSIS/DISCUSSION:
The City and Power Mill agreed to defer construction of the median island in Cactus Avenue and Foothill Boulevard due to limited right-of-way, existing traffic volumes and roadway configurations. Power Mill installed private landscaping along the Foothill Boulevard and Cactus Avenue but did not install the parkway landscaping. The City granted a temporary Certificate of Occupancy while Power Mill prepared the LMD landscape plans for Cactus Avenue. After review, the parties determined that Power Mill could better maintain the 10' public landscape area along Cactus Avenue by consolidating into the 10' private landscape area into one common area as shown on Exhibit A, and installing a single irrigation meter that serves both areas.

The Maintenance Agreement attached hereto as Exhibit B conveys the responsibility for maintaining the public landscape on Cactus Avenue to Power Mill (and its successors in interest). The Maintenance Agreement establishes standards and provides enforcement remedies for the City.

Once the City approves the private landscape plan, the City will adjust the annual LMD assessments to reflect ...

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