COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

June 9, 2004

BOARD MEETING DATE:

June 29, 2004

 

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Acknowledgement of Responsibility for Sidewalk within the Michael D. Nevin Way Right-of-Way - Colma Area

 

Recommendation

Adopt a resolution authorizing the President of the Board to execute an agreement with the San Mateo County Transit District (District) and the Colma Apartment Associates, L.P., a Delaware limited partnership (Developers), whereby the Developers acknowledge their responsibility for the maintenance of the concrete sidewalk that lies entirely within the Michael D. Nevin Way right-of-way.

 

Previous Board Action

Adopted the Colma BART Station Area Plan (Area Plan) in 1994 and subsequent rezoning to provide high-density residential development near the Colma BART Station.

 

Key Facts

1.

The Developer is currently constructing a high-density housing complex on the District’s property that is located adjacent to Michael D. Nevin Way (Walkway) which leads to the Colma BART Station, in conformance with the Area Plan.

 

2.

A concrete sidewalk is proposed adjacent to the housing units and parallel to the main walkway.

   

3.

The Developer and the District have agreed to execute an agreement with the County to acknowledge that the Developer or their successors in interest are responsible for the maintenance of the concrete sidewalk that is part of their construction.

 

Discussion

The agreement provides that the Developer will be responsible for the ongoing maintenance of the sidewalk proposed to be installed as part of the development and for any damage to the Walkway as a result of the proposed construction.

 

Vision Statement

We believe our recommendation is consistent with Goal Number 22, “County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire County,” of the Shared Vision Commitment to be a “responsive, effective and collaborative government,” as approving the proposed resolution will allow improvements to be constructed in conjunction with transit oriented development.

 

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, and the District and the Developer have executed the agreement.