City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: April 5, 2022
ITEM NO: 5.10
SUBJECT: Approve Resolution 2022- 17 Approving 15-Year License Agreement with Edward and Mildred Maring to Permit Encroachment on City Property for the Construction of Private Improvements within the Public Right-of-Way at 22 N. Del Puerto Avenue (APN#131-009-019)
RECOMMENDATION
Motion to Approve Resolution 2022-17 Approving 15-Year License Agreement with Edward and Mildred Maring to Permit Encroachment on City Property for the Construction of Private Improvements within the Public Right-of-Way at 22 N. Del Puerto Avenue (APN#131-009-019).
BACKGROUND
The property owner(s) at 22 N. Del Puerto Avenue wish to obtain an encroachment permit to construct private improvements within the City right-of-way. The work proposed under the permit will include the following: private improvements consisting of outdoor sitting area, decorative fence, arbor, brick pavers, and grease interceptor.
The property has obtained approval from the City to install a restaurant. The property owner(s) will bear all costs and expenses associated with constructing, reconstructing, and maintaining the improvements described within this agreement and as specified in the approved improvement plans. The property owner(s) further agree that all work upon or in connection with said improvements shall be done at such times and in such manner as is approved by the City and shall be done in accordance with approved plans and specifications and are subject to City permits and conditions pursuant to all applicable laws and/or regulations.
ANALYSIS
Attached for review and approval is the License Agreement and application for encroachment for Council’s review and approval. If approved, the agreement would be fully executed by all parties and recorded against the property. The agreement would be in compliance with the project’s Conditional Use Permit #21-01, approved on 2/24/22, and the City’s Municipal Code Section 12.20 “Encroachment Regulations.”
The property owner(s) will be required to provide liability insurance and pay all permit/license fees that are associated with this item.
FISCAL IMPACT
There is no fiscal impact associated with this item. All costs are the property owners’ responsibility.