COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

August 22, 2002

BOARD MEETING DATE:

September 10, 2002

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Encroachment into the Nevin Way Right-of-Way - Colma Area

Recommendation

1.

Adopt a resolution authorizing the President of the Board to execute an Agreement on behalf of the County of San Mateo with the Housing Authority of the County of San Mateo (Authority) that:

a)

allows the Authority or its agents to install and maintain a pedestrian bridge that would partially be within the Nevin Way right-of-way, and a concrete sidewalk entirely within the Nevin Way right-of- way; and

b)

reimburses the Authority for the cost of the sidewalk that was constructed by the Authority in the Nevin Way right-of-way prior to our completing our portion of the pedestrian walkway work.

2.

Direct the Director of Public Works to record the Agreement after its execution.

Previous Board Action

Approved the BART Station Area Specific Plan and subsequent rezoning which provides for high-density residential development near the Colma BART Station.

Awarded a contract for the construction of the Nevin Way Pedestrian Walkway (Walkway) between the Colma BART Station and El Camino Real, which was proposed in the Colma BART Station Area Specific Plan.

Authorized the use of 1/2 Cent Transportation Funds to build additional sidewalk for the Walkway that could be used by the Authority's tenants.

Key Facts

The Authority constructed a two-story affordable housing complex adjacent to the Walkway and must provide secondary access to the upper floor of the structure in order to meet local fire code requirements.

The installation of a pedestrian bridge to connect the upper floor of the Authority's complex with the Walkway will provide the necessary fire access and will also provide convenient access to the Colma BART Station for the complex's residents.

The Authority also constructed a concrete sidewalk adjacent to the main Walkway, and adjacent to the housing units, to expedite the opening of the complex for its tenants and prior to our contractor being ready to do the other concrete related work.

An agreement is necessary in order to define the maintenance responsibilities of these encroachments in the public right-of-way and to provide for the reimbursement of costs incurred by the Authority in installing a walkway that would have been paid for as part of our Walkway project.

The encroachment will not interfere with the public's use of the Walkway right-of-way at this time.

Discussion

The Authority has requested a building permit from the County to connect their pedestrian bridge from their new housing complex to the upper landing of the Nevin Way Pedestrian Walkway near the Colma BART Station. The area below the bridge is not being used for access at this time and we do not believe that installing the pedestrian bridge at this location will interfere with the public's use of the right-of-way.

The concrete sidewalk installed by the Authority along the north side of the main Walkway was included in the project plans for the project that was approved by your Board. However, the Authority requested and we agreed that they could proceed with constructing the sidewalk with their contractor, and that we would recommend that they be reimbursed for the work, in order to obtain occupancy for their Housing Complex.

The Authority has agreed that they will be responsible for the maintenance of the concrete sidewalk and the construction, maintenance and repair of the bridge and will relocate the bridge upon notification from the County. The agreement also provides that the Authority will be responsible for repairing any damage to the Walkway and stairs as a result of the proposed construction of the bridge.

Vision Alignment

We believe our recommendations are consistent with the Shared Commitment to "redesign our urban environment to increase vitality, expand variety and reduce congestion," and Goal Number 11, "new housing is clustered with jobs and commercial service along transportation corridors," as the agreement will allow the Authority to meet the fire code regulations and provide easy access for the tenants of this housing complex.

Fiscal Impact

The cost of installing and maintaining the bridge will be the responsibility of the Authority. The cost of reimbursing the Authority for the sidewalk in the amount of $7,908 is proposed to be paid for from 1/2 Cent Transportation Funds which are the same funds approved by your Board to construct the other amenities in the Walkway project.

There is no impact to the General Fund.

A form of agreement and resolution has been approved by County Counsel and it is our understanding that the Authority will execute the agreement at their next regular meeting.