COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

November 20, 2003

BOARD MEETING DATE:

December 16, 2003

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Installation and Maintenance of Building Amenities that Encroach into the Public Right-of-Way- 3500 Alameda de las Pulgas - West Menlo Park Area

Recommendation

1.

Adopt a resolution authorizing the President of the Board to execute an agreement with The Oettinger 1979 Trust, as amended (hereinafter called "Permittee"), which allows for the installation and maintenance of curb, gutter, sidewalk, electrical conduit for lighting, sidewalk underdrain, drainage inlets, retaining wall, handrail, access ramp, and street trees and tree grates (Encroachments) within the public right-of-way that are associated with the building at 3500 Alameda de las Pulgas - corner of Ashton Avenue and Alameda de las Pulgas.

2.

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

Previous Board Action

Adopted Resolution No. 066010 on June 10, 2003, adopting plans and specifications for the Alameda de las Pulgas Streetscape Project which consists of the installation of sidewalks, access ramps and tree grates along Alameda de las Pulgas from Ashton Avenue to near Harkins Avenue.

Key Facts

1.

The Permittee's building is within the Alameda Streetscape Project area.

2.

The Permittee has requested an Encroachment Permit to install and maintain Encroachments within the public right-of-way for the property at 3500 Alameda de las Pulgas. The Encroachments are compatible with the Streetscape Project Plans.

3.

The Encroachments will not interfere with the public's use of the right-of-way on Alameda de las Pulgas and Ashton Avenue at this time.

4.

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

Discussion

The building at 3500 Alameda de las Pulgas was constructed prior to the completion of the plans for the Alameda Streetscape Project. However, the building amenities as described in the Recommendation section of this report, were coordinated with and are compatible with the Project improvements. The Permittee has agreed that they will be responsible for the maintenance of the Encroachments. The agreement also provides that the County may perform necessary construction work without obligation of replacing the Encroachments that may be impacted by the County's work provided that the County notifies the Permittee in writing a minimum of thirty (30) calendar days prior to the start of the work. Emergency work, as determined by the County, is exempt from the 30-day notification.

Vision Statement

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 to be 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 governed by your Board by adopting the resolution as presented, as the County assumes no additional obligation by executing the proposed agreement.

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