Inter-Departmental Correspondence

Department of Public Works



October 21, 2003


November 18, 2003



Honorable Board of Supervisors


Neil R. Cullen, Director of Public Works


Agreement to Allow an Existing Retaining Wall to Remain in the Public Right-of-Way - Intersection of Devonshire Boulevard and Chesham Avenue - San Carlos Area - Lands of Lorraine P. Anderson




Adopt a resolution authorizing the President of the Board to execute an agreement with Lorraine P. Anderson to allow an existing retaining wall to remain within the public right-of-way until that portion of the right-of-way is needed for public purposes.



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


Key Facts


We do not believe that the retaining wall is an impediment to the public's use of the road rights-of-ways at this time.



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.



The Building Division of Environmental Services notified Ms. Anderson that she had excavated an area in the public right-of-way in conjunction with the construction of residence on the property adjacent to Devonshire Boulevard and Chesham Avenue.
Ms. Anderson proposed a retaining wall to support the road where the excavation had been done and staff is satisfied that the retaining wall is a reasonable solution. 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 retaining wall is an encroachment into public right-of-way and that it is the property owner's responsibility to maintain and remove the encroachment 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 provides for the encroachment into the public right-of-way until such time as the public needs the area, and requires the property owner to finance and remove their encroachment at that time.


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 Ms. Anderson has executed the agreement.