West Bay Sanitary District v. City of East Palo Alto

Defendants and appellants, City of East Palo Alto (City) and Jesse Smith III, Director of Public Works for City, appeal from a judgment issuing a peremptory writ of mandate compelling them to issue an encroachment permit to plaintiff and respondent, West Bay Sanitary District (WBSD). We affirm.

The Proceedings

WBSD, a public agency, is a sanitary district organized under the Sanitary District Act of 1923. (Health & Saf. Code, § 6400 et seq.) WBSD’s territory is located entirely within San Mateo County, and a portion of it lies within the city limits of East Palo Alto.

In May of 1985, the board of WBSD authorized the commencement of the “Kavanaugh-O’Brien Sewer Main Replacement Project,” which called for, inter alia, the excavation and replacement of an existing sewer line on Kavanaugh Drive in City. The sewer line would service industrial facilities which are located outside City limits such as intervener Menlo Business Park. Thereafter WBSD formally applied for an encroachment permit from City. The City Council voted to approve the application for an encroachment permit, but conditioned that approval on amendment by the WBSD board of its Code of General Regulations to…