07-14-2009 CC RPT 48 - Laserfiche WebLink

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City Council Memorandum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: HONORABLE MAYOR AND CITY COUNCIL FROM: PUBLIC UTILITIES DEPARTMENT DATE: JULY 14, 2009 ITEM NO: 48 WARD: 3 SUBJECT: LICENSE AGREEMENT WITH WESTMINSTER ARLINGTON, LLC ISSUE: Consideration of License Agreement with Westminster Arlington LLC ("Westminster") for use of a portion of the Riverside Water Company Canal located at 3439 Arlington Avenue (APN 225-350- 053) in exchange for a 30-foot waterline easement. RECOMMENDATIONS: That the City Council: 1. Approve the License Agreement with Westminster Arlington, LLC; 2. Authorize the City Manager, or his designee, to execute the License Agreement; and 3. Authorize the City Manager, or his designee, to accept a Waterline Easement in lieu of rental compensation for the License Agreement. BOARD RECOMMENDATION: On June 19, 2009, the Board of Public Utilities recommended that the City Council approve this item by a vote of 6 ayes, 0 noes and 1 abstention. BACKGROUND: The City, through its Public Utilities Department, owns the Riverside Water Company Canal ("Canal"), including its overlying real property. With the Canal "sandwiched" between several parcels located at the Arlington Center (the "Center"), adjacent property owners and their tenants cannot access their properties without traversing the Canal. On September 24, 2003, the City entered into a license agreement with the Louis R. and Joan Tavaglione Living Trust, then the sole owner of the Center. Subsequently, one of the Tavaglione parcels was sold to Westminster Arlington LLC, and as is common in most of the City's license agreements, the Tavaglione license agreement is not assignable; therefore Westminster must enter into a new agreement with the City for the use of the Canal property. 48-1