COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

August 27, 2004

BOARD MEETING DATE:

September 14, 2004

 

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Installation of a Landscape Wall and Trees in the Public Right-of-Way – Lands of Mitchell and Roberts - Miramar Area of the MidCoast

 

Recommendation

1.

Adopt a resolution authorizing the President of the Board to execute an agreement with Michael Mitchell and Diana Roberts to allow a landscape wall and trees to remain within the Alameda Avenue and Mirada Road rights-of-way.

 

2.

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

 

Previous Board Action

Formed an underground utility district which includes a portion of the Mirada Road right-of-way adjacent to the Mitchell/Roberts property.

 

Key Facts

1.

Michael Mitchell and Diana Roberts have requested that a landscape wall and trees that they previously installed in the public rights-of-way on Alameda Avenue and Mirada Road be allowed to remain, and have agreed that they will be responsible for maintenance and removal of the wall and trees at their expense should it become an impediment to the exercise of the County’s rights to use the Alameda Avenue and Mirada Road rights-of-way.

 

2.

The Department has no immediate plans to widen Alameda Avenue or Mirada Road in this area.

   

3.

Mr. Mitchell conferred with the utilities involved in the proposed underground district and has stated that the wall or trees will not have to be relocated to accommodate the undergrounding of utilities in this area.

 

Discussion

We are recommending that an agreement be recorded on the property of Mitchell/Roberts to insure that they and subsequent owners of the property understand that the wall and landscaping is located in the public rights-of-way. PG&E will be undergrounding their facilities along this section of Mirada Road and while Mitchell/Roberts have assured us that the wall and trees will not have to be moved, it will be their responsibility to relocate these encroachments if the area is needed for the utility work.

 

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 will allow the property owners to retain their landscape wall and trees until such time as the area is needed for a public purpose.

 

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 proposed form of resolution and agreement have been approved by County Counsel and Michael Mitchell and Diana Roberts have executed the agreement.