COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

June 18, 2002

BOARD MEETING DATE:

July 9, 2002

 

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Agreement to Allow a Cobblestone Swale and Driveway Approach to Remain in the Public Right-of-Way - Vista Lane, Burlingame Hills Area

   
 

Recommendation

1.

Adopt a resolution authorizing the President of the Board to execute an agreement with Denham LLC (Denham) that allows a cobblestone drainage swale and driveway approach to remain within the Vista Lane right-of-way until that portion of the right-of-way is needed for public purposes.

 

2.

Direct the Clerk of the Board to record the agreement after execution.

 

Key Facts

1.

We do not believe that the cobblestone drainage swale and driveway approach in the public right-of-way is an impediment to the public's current use of Vista Lane.

 

2.

The proposed agreement provides that the owner will be responsible for maintaining the encroachment and for removing it at their expense if the area is needed for a public purpose.

 

Discussion

A stop work order was issued to Denham as they had installed a cobblestone drainage swale and driveway approach in the public right-of-way at 20 Vista Lane without an encroachment permit. Staff met with Denham at the construction site and Denham satisfied staff that the construction was reasonable. However, we are recommending that an agreement that will be recorded, is appropriate as it will make future owners of the property aware that the swale and driveway approach are encroachments into public right-of-way and that it is the property owner's responsibility to maintain and remove the encroachments if directed to do so by the County.

 

Vision Alignment

We believe our recommendation is consistent with Goal Number 20, "government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain," of the Shared Vision Commitment of a "responsive, effective and collaborative government," as the proposed agreement will allow the property owner to retain their cobblestone drainage swale and driveway approach until such time as there is a public need for the area, and makes the property owner financially responsible for the encroachment.

 

Fiscal Impact

There is no impact to the General Fund or any other fund of the County by your Board authorizing execution of the proposed agreement.

 

A form of resolution and agreement has been approved by County Counsel and Denham has executed the agreement.