13 Desk Item - Cleaning Downtown SidewalksCOUNCIL AGENDA
DECEMBER 18 PORT
1995
MAYOR AND TOWN CO
TUIVCIL
O
W N MANAGER
CONSIDER
CLEANING DOWNTOWREPORT N
PROVIDE GUIDANCE TO STAFF
ON OPTIONS
The sidewalks
Saratoga Road,
oad discussed for cleaning per cleaning bald East Again Street
cover an are
costs can et from a including
be multiplied
cleaning orn the Civic Centerh t ants C n
plied by the gpency. may raterA Staff ' frequency. Y be to Santa Aue from the Po
Identified thr adequate' how
Post
JP: MLR:po
MGRo91 A: ICNCLR
Reviewed by.
DATE:
TO:
FROM.
SUBJECT:
DIS
S ION:
AREA:
MEETING DATE: 12/18/95
ITEMNO- 13
DESK ITEM
ee options for ever if venue
Ofc
consideration should the Town
Purchase •ressure
a e attachment u' her Council
days h rho costs attachment f to pursue
wish
@ fourhours/da$4'000. Using the catch
use with existi having the side
This option Y) would cost $5,79 tch basin sewer 'rnent walks cleaned:
n was developed 0 per cleaning. cleaner with a
# 2).Staff (catch ablelo ° d n alternative to 3 Person equipment rnativ crew (12
cleaner bept ch basin sewer to a a cheaper,
hew a the purchase of
area Staff cried, does a be leaner), requires rore effective approach.
re washer/steam
is ]e 'and allows tter job byonly that s pproion am co
less expensive both for better environmental
nv removing the some additional This option uses cleaner
F (option
2. IPurchase
s l ase ressiv w from a capital and operating
eratin disposal standpoint
ofthe used wash waterarldh cements for thesewer existing
equipment
would cost S14,000
14 Asher/steam cle g tandpOint than earring res]duel3'metals from
cleaning. ent with 1 p OOo for a pressure
ress anus Option #2. This option also
(temporary) a her/stea le
aner me
and an existing flatbed
truckccessories. Using
This option w
Would be as original! would rag new
operate the equipment.
with discussed With cost $6 600
it is not ewaPoint. The RDA (Redevelopment
Downtown Per
this as effective in drawback velopment Association w1� the idea that the equipment
d be used t mle t as Option #hakes longer to complete
o temporary employe
an other items suchhis option has h late the job, to
•
HAEL L as Parking lots a advantageand
that
walls, and sound
8-1
Attorney
1.
C
Director of Parks,
Forestry and
.nsK Mainten
Finance
ices
The
' a greater frequency 1s°sts are a to Los Gatos/
desired, on a
wi ed, the operating
FOR
ul
Revised: 12 /18/95
4:Ig
December 18, 1995
Los Gatos, California
LOS GATOS BOULEVARD 16268/APPEAL/RESOLUTION 1995-174 (11.09)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-174
entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION TO APPROVE A REQUEST TO ADD A SUNROOM,
GAZEBO. AND A RETAIL/RESTAURANT USE, AND RETURN APPLICATION TO
PLANNING COMMISSION FOR FURTHER CONSIDERATION: PROPERTY LOCATED IN
THE C-1 ZONE: CONDITIONAL USE PERMIT APPLICATION U-94-7 AND
ARCHITECTURE AND SITE APPLICATION S-76-57A. Carried unanimously.
HEARING
BRENMORE CABLE PARTNERS, L.P./SOUTH BAY CABLEVISION
LICENSE TRANSFER/TCI-CLEVELAND/TELE-COMMUNICATIONS, INC (12.25)
Mayor Attaway announced that this was the time and place so noted to consider request of
Brenmore Cable Partners, L.P. (DBA South Bay Cablevision) to transfer its license to TCI-
Cleveland, a wholly owned subsidiary of Tele-Communications, Inc.
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council continue this public hearing
related to the franchise transfer to February 20, 1996. Carried unanimously.
SIDEWALKS DOWNTOWN/CLEANING OPTIONS (13.49)
Council discussed the merits of cleaning the downtown sidewalks on a regular basis and in
relation to the ongoing downtown maintenance projects which Council has previously suggested
and which staff has recently completed. These are the increased lumination for traffic and
pedestrians; the 1,657 sq. ft. of curb and gutter replacement; the maintenance of planter boxes;
the additional parking and landscaping at Town Plaza; the storm drain maintenance on N. Santa
Cruz.
Council suggested that the business community be made aware of the significant input from the
Town in the downtown area and that the business community be asked to work with the Town
on a plan for keeping sidewalks clean. Staff was to also compile comparative information from
other cities and contractors.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned
at 8:02 p.m. Carried unanimously.
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ATTEST:
Marian V. Cosgrove
Town Clerk
3
Tish McGlynn
Jim Dixson
119 Cherry Blossom
Los Gatos, CA
July 19, 1993
Dear Mayor Benjamin and Town Council,
My husband and I oppose the town's plan to make homeowners
responsible for maintaining sidewalks in front of their homes. As town
residents, we are all proud of the beauty of our tree lined neighborhoods.
However, these same trees are the source of buckling, hazardous
sidewalks. ( As is the case with our sidewalk.). Furthermore, we need the
town's permission to remove trees from our lots. If we are to be
accountable for the sidewalks, at least hand over that responsibility with
the walks in good condition and give us the rights to do whatever is
necessary ( including but not limited to tree removal ) to keep them in
such condition.
Our neighbors in San Jose are having problems with homeowners
getting bilked in the process of trying to maintain their sidewalks.
(Mercury News article July 8, 1993 ) That there are loopholes in their
policies is obvious.
I urge you to give careful consideration to this issue. Please have
clear guidelines and approved, reasonably priced, honest contractors
involved in the process if homeowners are to be liable for sidewalk
maintenance. Furthermore, even the possibility of being involved in a
personal injury claim from a sidewalk mishap is frightening in today's
litigious society!!
Thank you for yourrconsideration,
\✓,� kb t
Ti h McGlynn
Jim Dixson
COUNCIL AGENDA
DATE: 5/17/93
ITEM NO. 7
DESK ITEM
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: May 17, 1993
TO: MAYOR AND TOW COUNCIL
FROM: TOWN MANAGER
SUBJECT: ADOPT POLICY REQUIRING ADJACENT PROPERTY OWNERS TO MAINTAIN
SIDEWALKS
DISCUSSION:
Attached is a FAX from the Board of Realtors requesting that this item be pulled from the consent agenda
and continued to June 7 or June 14.
PREPARED BY: DAVID W. KNAPP, Town Manager
DWK:pm
MGRO62 A:\CNCLRPTS\5-17-3
5/17/93 4:59 pm
Attachment: 5/17/93 FAX from Eric J. Morley, Legislative Advocate - Los Gatos Saratoga Board of Realtors
Reviewed by:
Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
MAY 17 '93 14:53 SARATOGA REALTORS P.2/2
Los Gatos-Saral. as Board of REALTO:
20454 Blaucr Drive, Saratoga, California 95170
Telephone 408 867-0'22 f�
FAX 408 867-5 06
May 17, 1993
Ms. Joanne Benjamin
Mayor
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Dear Joanne:
On behalf of the Los Gatos -Saratoga Board of Realtors, I
request that item #7, Property_ Owners to Maintain
Sidewalks, be pulled ffom tonight's council agenda and
continued.
Specifically, the Board requests that a public hearing be
scheduled on this item and that it be continued to the
June 7 or June 14, 1993 meeting. The Board of Realtors
would like the opportunity to discuss this issue at its
Local Government Relations Committee meeting on June 3,
1993.
Thank you for your time and consideration.
erf p
c J. Morley
Legislative Advocate
RF.ALTOR'- is registered twit wbicb idcnrifie7a professional in
real estate who subscribes to a strict Codc oi Ethics as a member of
the NATIONAL ASSOCIATION OFF RI1.L'1'ORS4!
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA
DATE: 5/17/93
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MAY 7, 1993
MAYOR AND TO COUNC
TOWN MANAGER
ADOPT POLICY REQUIRING ADJACENT PROPERTY OWNERS TO MAINTAIN
SIDEWALKS
RECOMMENDATION:
Adopt policy requiring adjacent property owners to maintain sidewalks.
BACKGROUND:
Sidewalks are valuable assets to Town residents which are often taken for
granted. Safe, continuous, clean walking surfaces are important for public
safety.
State Law requires adjacent property owners to maintain their own sidewalks.
However, Town practice has been to repair damaged or uplifted sidewalks caused
by Town street trees. Declining revenue has made it increasingly difficult to
maintain sidewalks in a safe condition, creating risk to residents and liability
for the Town.
DISCUSSION:
As Attachment 1 shows, three agencies place the total burden on adjacent property
owners, two (including Los Gatos) use general funds to pay for damage cause by
agency -owned trees, one has created a city-wide assessment district, one uses
general funds and utility funds, and four fund sidewalk maintenance out of their
general funds. Please note that these last four are well funded agencies. Los
Gatos is the only agency from the group with lower revenues which continues to
fund this program. (See Attachment 2.)
PREPARED BY: Michael La Rocca
Director of Parks, Forestry and Maintenance Services
MLR/dw 5/13/93 10:37 am
PFM024A: CNCLRPTS Sidewalk
Attachments:
Distribution:
1. Sidewalk Maintenance Responsibility Survey
2. Total General Revenue Per Capita for Santa Clara County
Cities
Regular distribution
Reviewed by:
Attorney Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: POLICY REQUIRING ADJACENT PROPERTY OWNERS TO MAINTAIN SIDEWALKS
May 7, 1993
The Town does not have sufficient revenue to maintain sidewalks properly. Other
communities which lack sufficient funds have followed State statute and require
adjacent property owners to maintain them. Campbell has set up a city-wide
funding mechanism to maintain sidewalks. Palo Alto partially funds sidewalk
maintenance with utility taxes.
CONCLUSION:
Los Gatos has four alternatives:
1/ discontinue other programs to fund sidewalk maintenance adequately,
2/ continue the current practice and risk greater liability for injuries,
3/ set up a funding mechanism, or
4/ place responsibility on the adjacent property owner.
Since Council did not wish to consider a Town -wide assessment district for
sidewalk maintenance this year, staff recommends the last alternative.
FISCAL IMPACT:
Returning responsibility to the property owners will save $100,000 per year in
the Capital Improvement Program. There will be some cost to the Town to
administer repairs and bill property owners who fail to make them.
SIDEWA,.. MAINTENANCE RESPONSIBILITY SUR._t
Government
San Jose
Gilroy (1)
Santa Clara County
Mountain View
Source of funds Funding
Adjacent property owner
responsible
Adjacent property owner
responsible
Adjacent property owner
responsible
General fund to repair damage
caused by government
Adjacent property owner
responsible for other damage
Los Gatos General fund to repair damage
caused by government
Adjacent property owner
responsible for other damage
FY90/91 $250,000
FY91/92 250,000
FY92/93 250,000
FY90/91 $252,000
FY91/92 142,000
FY92/93 144,000
Campbell City-wide Assessment District FY90/91 $170,000
FY91/92 170,000
FY92/93 177,000
Palo Alto (2) General fund and Utility fund
FY90/91 $200,000 GF
350,000 OF
FY91/92 200,000 GF
350,000 UT
FY92/93 200,000 GF
350,000 UT
Sunnyvale General fund FY90/91 $775,000
FY90/91 725,000
FY91/92 678,000
Los Altos General fund FY90/91 $40,000
FY91/92 50,000
FY92/93 50,000
Saratoga General fund FY90/91 $15,000
FY91/92 15,000
FY92/93 18,000
(1) City is considering an assessment district to fund sidewalk maintenance.
(2) Funding for FY89/90 was $850,000
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May 17, 1993
Los Gatos, California
HEARINGS CONTINUED
RELOCATION CONT.
The following people from the audience spoke to this issue:
Mark Mander, 56 Villa Ave, asked for Council's consideration of previous relocation agreement
with Villa Ave. residents.
Preston Hill, 196 W. Main, representing the Manders, asked that Council negotiate a settlement
with his client.
Bob Hamilton, speaking for the Manders, addressed Council at a later time in the evening after
item, but his recognition occurs here for consistency. He asked that Council's original agreement
be upheld.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-70
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1991-
8 TO ADOPT MODIFICATIONS TO THE RELOCATION PLAN FOR THE VILLA AVENUE
RESIDENTS. and that staff return to Council (1) an amendment to this resolution be made to
bring the plan fully within the state's requirements which are not necessarily within the Town's
geographical limits, and (2) that Council consider eliminating the Library project from the
Capital Improvement Program. Carried unanimously.
SECONDARY UNITS/R-1 ZONES/LEGALIZE EXISTING (05.16)
Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council continue this item to July 6,
1993. Carried unanimously.
SIDEWALK MAINTENANCE BY OWNERS (07.28)
Eric Morely, 42 Central Ave., representing the Board of Realtors, requested that this item be
continued and scheduled for a public hearing.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council schedule a public hearing July
19, 1993 to consider this subject. Carried unanimously.
MINUTES OF MAY 3, 1993 (19a.V)
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council approve the Minutes of May
3, 1993 as submitted. Carried unanimously.
MINUTES OF MAY 10, 1993 (19b.V)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of May 10,
1993 as submitted. Carried unanimously.
TREASURER'S REPORT/MARCH 1993 (20.V)
Informational report submitted by the Treasurer to the Council for the month of March 1993
was received and filed.
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