COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

November 2,2007

BOARD MEETING DATE:

November 27, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Recorded Agreements for Encroachments in Public Rights-of-Way

Recommendation

Adopt a resolution delegating to the Director of Public Works the authority to execute recorded agreements for all types of encroachments in public rights-of-way.

Vision Alignment

Commitment: Responsive, effective and collaborative government.

Goal 20: Government decisions are based on careful consideration of future impacts rather than temporary relief or immediate gain.

Delegating the authority to execute recorded agreements for all types of encroachments in public rights-of-way to the Director of Public Works will ensure consistency with the long-standing procedures for fence, wall and hedge agreements, and will streamline the approval process for encroachment permits where operation and maintenance by future property owners must be assured to protect the public’s interest.

Background

The Department of Public Works issues approximately 300 encroachment permits each year for various types of work. The majority of the permitted encroachments involve passive facilities which do not involve ongoing operation and maintenance efforts, or which are easily identifiable as not being within the County maintained system (e.g. driveways, mailboxes, landscaping). Types of encroachments that may require ongoing operation and maintenance include private utilities such as storm drainage and storm water treatment measures, lighting, gates and fences.

Your Board adopted Resolution No. 63037 in 1999 specifying procedures and fees for the installation of fences, walls and hedges in public rights-of-way. The Resolution delegated authority to the Director of Public Works to execute agreements for fences, hedges and walls constructed in public rights-of-way where such items have been permitted by Planning and Public Works. Operation and maintenance agreements are recorded against the parcel so that future responsibility remains attached to the parcel. This system has worked efficiently and effectively for the past eight years.

Discussion

Recently, Public Works has been requested to approve a wider variety of encroachments that would benefit from recorded agreements. For example, the Caster Belmont Storage project at 1337 Old County Road in San Carlos obtained approval to install a storm drainage system to serve their private property. They applied for an encroachment permit to connect their storm drainage system to the County maintained system that currently exists in the Elmer Street right-of-way. The Department issued an encroachment permit with the condition that the property owners would, upon satisfactory completion of construction, execute and record an agreement with the County to assure future operation and maintenance of the storm drainage system. The owners of Caster Belmont Storage have executed the agreement.

We are recommending that your Board delegate authority to the Director of Public Works to execute recorded agreements for the Caster Belmont Storage project, and that your Board expand the Director of Public Works’ authority to include the authority to execute agreements for all types of encroachments where permitted by the Department of Public Works. Additional types of encroachments anticipated to require recorded agreements include private utilities, structures, gates or other facilities where the operation and maintenance thereof by future property owners must be assured to protect the public’s interest. The recommended expansion of authority will provide for consistent procedures for recording agreements for all types of encroachments in public rights-of-way.

A resolution and agreement have been approved as to form by County Counsel, and the Agreement has been executed by the property owners.

Fiscal Impact

The County has no financial obligation as a result of these agreements.