Inter-Departmental Correspondence

Department of Public Works



October 28, 2003


November 18, 2003



Honorable Board of Supervisors


Neil R. Cullen, Director of Public Works


Installation of Retaining Wall and Drainage Facilities -
388 Greendale Way, Emerald Lake Hills -
Mel and Marguerite N. Casey.




Adopt a resolution authorizing the President of the Board to execute an agreement with Mel and Marguerite N. Casey to allow the installation of retaining wall and drainage facilities within the right-of-way of 388 Greendale Way.



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


Key Facts


We do not believe that the retaining wall and drainage facilities (encroachments) are impediments to the public's use of the road right-of-way at this time.



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



Mel and Marguerite N. Casey applied for an encroachment permit to install a retaining wall and drainage facilities in the public right-of-way as part of the construction of a single-family residence at 388 Greendale Way. The work is being done in part to meet the access requirements of County Fire. We do not believe that the proposed encroachments are an impediment to the public's use of the existing road. However, we are recommending that an agreement be recorded to make future owners of the property aware that the encroachments are in the 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 balances the owner's current needs with any future needs of the public for the use of this portion of the public right-of-way.


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 proposed form of resolution and agreement has been approved by County Counsel and Mel and Marguerite N. Casey have executed the agreement.