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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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Department of Public Works
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DATE:
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August 27, 2004
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BOARD MEETING DATE:
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September 14, 2004
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TO:
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Honorable Board of Supervisors
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FROM:
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Neil R. Cullen, Director of Public Works
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SUBJECT:
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Installation of Fence – Lands of Mary Ann Cusenza - West Menlo Park Area
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Recommendation
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1.
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Adopt a resolution authorizing the President of the Board to execute an agreement with Mary Ann Cusenza to allow the installation of a fence within the Santa Cruz Avenue right-of-way.
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2.
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Direct the Clerk of the Board to record the agreement after execution.
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Previous Board Action
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Adopted Resolution No. 63037 which established the policy for allowing fences in the public right-of-way.
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Key Facts
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1.
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Ms. Cusenza has requested that she be allowed to install a fence in the public right-of-way and has agreed that she will be responsible for maintaining and removing the fence at her expense, should it become an impediment to the exercise of the County’s rights to use the Santa Cruz Avenue right-of-way.
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2.
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A fence height exception has been approved by the Planning Division of the Environmental Services Agency as provided by your Board’s policy for fences allowed in the public right-of-way.
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Discussion
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Ms. Cusenza has applied for an encroachment permit to install a fence which extends into the right-of-way of Santa Cruz Avenue in front of her property. Santa Cruz Avenue in this area is improved and we have no plans for additional improvements at this time. However, we are recommending that an agreement be recorded on the property of Ms. Cusenza to insure that she and subsequent owners of the property understand that the fence is located in the public right-of-way.
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Vision Alignment
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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 installation of the fence will give the property owner the exclusive use and maintenance of the portion of the public right-of-way enclosed by the fence, until such time as the property is needed for public purposes.
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Fiscal Impact
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There is no impact to the General Fund or any other fund of the County by your Board authorizing execution of the proposed agreement.
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A proposed form of resolution and agreement have been approved by County Counsel and Ms. Cusenza has executed the agreement.
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