Resolution No. _________________

Board of Supervisors, County of San Mateo, State of California

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Resolution Authorizing the Director of Public Works to Determine if Property Owners on Four Roads in the MidCoast Wish to Have the Roads Reconstructed to the Minimum Standards Identified in the MidCoast Community Plan if the Reconstruction of Encroachments in the Public Rights-of-Ways Adjacent to the Roads are not Included as Part of the Reconstruction Work

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, this Board adopted an amendment to the MidCoast Community Plan that specifies minimum road standards for the reconstruction of roads in the various areas of the MidCoast; and

WHEREAS, this Board authorized the levying of mitigation fees on new development and the use of the mitigation fees to finance road and drainage improvements in the various areas where mitigation fees are collected, including the MidCoast; and

WHEREAS, road reconstruction projects in the past have been financed in part with property owner assessments in conformance with Board policies; and

WHEREAS, the provisions of the Constitutional Amendment (Proposition 218) and subsequent State legislation effectively precludes the formation of an assessment district to finance the property owners' share of improvement costs; and

WHEREAS, the MidCoast Community Plan allows County initiated projects to move forward if they meet the standards of, or to a standard as may be modified in keeping with, the policies of the MidCoast Community Plan; and

WHEREAS, the Director of Public Works has recommended that the Department initiate three projects in the MidCoast to determine if property owners are supportive of having improvements constructed on their streets with the provision that they would be responsible for financing and making arrangements for reconstructing or constructing driveway or walkway conforms or other improvements which are encroachments in the public right-of-way; and

WHEREAS, the MidCoast Community Council, an advisory council to this Board, supports the initiation of projects that provide for the sequential improvement of access into the MidCoast areas, or which are considered visitor serving in keeping with the County's Local Coastal Plan; and

WHEREAS, the MidCoast Council selected the project areas that are recommended to be evaluated; and

WHEREAS, this Board has considered the recommendation of the Director of Public Works.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Director of Public Works is authorized to:

1)

determine if property owners adjacent to the following four roads (three project areas):

a1)

Kanoff Avenue from Le Conte to Acacia, together with

a2)

Fourth Street from LeConte to Main.

b)

Mirada Road - Medio Avenue to Magellan Avenue

c)

Cypress Avenue - Highway 1 to Airport Street

wish to have the roads improved to the minimum standards as adopted in the MidCoast Community Plan (Community Plan); and

2)

finance the construction of minimum improvements on the above reference roads with a combination of Road Funds and Roadway Mitigation Fees, provided that the reconstruction of encroachments in the public rights of ways, such as driveway and walkway conforms, will not be constructed as part of the project(s) but will be the property owner's responsibility to finance and construct.

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