161owN nF MEETING DATE: 7/2/01
ITEM NO. / W
i COUNCIL AGENDA REPORT
!ps 60.t�S
DATE: JUNE 28, 2001
TO: MAYOR AND TO OUNCIL
FROM: TOWN MANAGER
SUBJECT: POLICY REGARDING MAINTENANCE OF ALLEYS
RECOMMENDATION:
Approve revised policy regarding maintenance of alleys.
BACKGROUND:
In September, 1991, a report was prepared entitled REPORT ON EXISTING CONDITIONS for the
Redevelopment Agency of the Town. This report had a section entitled ADVERSE CONDITIONS
OF ALLEYS. This report documented poor pavement and drainage conditions as well as other
issues. It indicated that "typical conditions" include surface deterioration, potholes, and irregular
pavement edges of the some one and a half miles (about 6,000 lineal feet) of alleys. Each year the
Town receives several complaints regarding the condition of the alleys and requests to do repairs.
The Town Attorney has repeatedly advised that once the Town does even minimal maintenance, it
will have assumed the legal responsibility to maintain those alleys from then on.
DISCUSSION:
The attached map shows the location and lineal feet of alleys within the Redevelopment Agency.
These alleys are in various states of repair. Some have been improved by adjacent property owners
as conditions of development, and some are in very poor condition. Engineer's estimates for
reconstructing the worst alleys is approximately $200,000. Staff believes that the life of these alleys
would be between 10 and 20 years before any significant additional maintenance such as slurry
sealing would be required. These alleys are located in the redevelopment project area so presumably
the Agency would fund the reconstruction work.
IIS
PREPARED BY: LES WHITE "' Y 1 4 �
Interim Director of Parks and Public Works
Reviewed by: Attorney Clerk yl Finance _Community Development
Revised: 6/28/01 5:02 pm
Reformatted: 5/30101 Nib &ETNCLRPTSWIry Repon wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: POLICY REGARDING MAINTENANCE OF ALLEYS
JUNE 28, 2001
CONCLUSION:
In view of the condition and minimal length of alleys in the Redevelopment Agency project area, the
constant source of complaints that the Town receives, the relatively small cost to get these alleys
in good condition, and the need for various services using alley access — refuse collection, fire and
police — staff would recommend that Town policy be changed to accept maintenance responsibility
for these alleys. If the Council /Agency approves this recommendation, staff would advise property
owners along these alleys of the policy change and would coordinate construction work with the
street resurfacing contracts to ensure the best price for this work.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
None at this time, however, should Council /Agency approve this change in policy to accept
maintenance responsibility for these alleys, staff would prepare a budget adjustment for Council
consideration on a future agenda.
Attachment:
Map of Alleys
Distribution:
Bob Cowan, 222 Tait Avenue, Los Gatos, CA 95030
Dennis Grist, 215 Tait Avenue, Los Gatos, CA 95030
Brian Hutchins, 218.5 Massol Avenue, Los Gatos, CA 95030
TOTAL LENGTH OF
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Town Council Minutes
Redevelopment Agency
July 2, 2001
Los Gatos, California
MAINTENANCE OF TOWN ALLEYSlPOLICY DISCUSSION (16.24)
Les White reported on the condition of alleys in the downtown area. He spoke of the one and a half
miles of these alleys and the requests that have been received for the Town to maintain these areas.
Council Comments and Discussion:
Mr. Attaway asked if the alleys were private or public property.
Mr. Korb explained that the alleys that are not maintained are private alleys but if the Town
commenced to maintain the alleys they would become public property by the fact of the maintenance
and use.
Mr. Glickman questioned the spending of public funds on private property and asked how the
ownership could be officially transferred to the Town.
Mr. Korb explained that these alleys are essentially public ways. They at one time were offered and
dedicated to the county but were never accepted. If the Town accepted the dedication, it would accept
by proceeding with the maintenance. The Town could make the determination that these alleys serve
the public and therefore it is in the public interest to pave them. These dedications can be accepted
formally by deed or informally by maintenance. Once accepted it is a public way.
Mrs. Decker noted that there are only five alleys, and that the Town has allowed those alleys to be used
for garbage pick up, fire protection, and emergency use. The town has shared the use of these alleys
with the owners and the rest of the community. She believes that these ways should be kept in working
order due to the heavy traffic impact to the neighborhoods in which they are located and the need for
alternative emergency routes. She noted that Council could be flexible and listen to the neighbors
regarding the care and use of their own immediate alley.
The following people from the audience addressed this issue:
Bob Cowan, 222 Tait Ave, thanked Council for addressing this issue. He noted that if his deed gave
him property rights to the center of the alley then he could add on to his house. He spoke of cottages
that line that alley and use it as a street. He noted that in the Redevelopment Plan the alleys were
identified as a significant portion of the blight in the downtown and therefore a portion of the tax
increment from the turnover sales should go to repair of these alleys.
Dennis Grist, 215 Tait Ave, has been talking to the people on his alley. Eighteen properties are facing
the alley and he is speaking for them. He asked who owned the alley, and where that ownership extends
He questioned gating their alley and keeping it private. He noted that it was not a driveway but access
to property.
Nayan McNeill, 225 Johnson, spoke of the alley between Johnson and Loma Alta. It has been called
Reed Head Alley over the years. She was also speaking for Bob Ray of 209 Johnson who was unable
to attend. The half of the alley she was addressing has no traffic access for anyone. They hoped to have
the alley vacated so that it could return to private property in order to maintain a pedestrian walkway
down the middle
Gary Trovinger 139 Tait Ave, spoke of the paving contractor who lives on his alley and keeps it
repaired.
Jim Lyon, 239 Johnson Ave, lives on Reed Head Lane, the unpaved portion of the alley. He would like
to see it kept as a gravel walkway for water perculation reasons. Trees are there and need the water from
the gravel road. If it is paved then drainage must be addressed. Leave the trees hanging low to
discourage any vehicles. She asked if town maintains the alley for vehicles, will it supervise traffic and
parking also.
Richard Fox, 211 Glen Ridge Ave, has Apricot Way to the rear of his house. The 100 -200 block has
a wider road that has cottages actually accessing the alley as a street on which they front. Another
portion is much narrower and the last section is a small back alley fronting Bachman Park. He
mentioned the bad corner of Glen Ridge and Nickelson and how drivers will cut through on Apricot to
avoid that corner. He noted the public traffic regulatory signs that are already on this alley. He would
prefer that the upgrades to the alley were kept at a minimum so that cut through traffic will not start
thinking of the alley as an alternative road.
TC:DOMAM1070201 6
Town Council Minutes July 2, 2001
Redevelopment Agency Los Gatos, California
MAINTENANCE OF TOWN ALLEYS/POLICY DISCUSSION /CONT.
Speakers continued:
Chett Letsinger, 255 Johnson Ave, spoke of the natural little alley that is now a dead end alley. He
would like it maintained with only gravel to allow the water build up to perculate into the ground.
Joseph Riggio, 122 Wilder Ave, spoke of Victory Lane, its heavy use and its constant disrepair. He
favors that alley being appropriately maintained if there are some traffic controls installed like speed
bumps. He would not like to see the little alley used as a speed way.
Anamaria Walker, 307 Johnson Ave, spoke of the water drainage problem on this alley. She noted
that the problem is not the paving but the drainage. If the alley is paved it will create a river.
Richard Bonetti, 131 Johnson Ave, lives on the 100 block between Cross and Los Gatos Blvd. He
would like this alley paved due to the turn around traffic that occurs in this location.
Brian Hutchins, 218 Massol Ave, if alley is assumed for public right of way, people will drive faster
on the alley way and pedestrians and playing children will be at jeopardy.
No one else from the audience addressed this subject.
Council Comments and Discussion:
Mr. Pirzynski observed that the neighborhood surrounding each alley had a very different perspective
as to how their alley should be maintained and cared for. He would like the character of each alley
maintained. He asked that staff reconsider these alleys and how they might be maintained and repaired
before the next rainy season. Traffic calming measures may be incorporated, but pot holes should not
be considered such a measure.
Mr. Glickman believes that maintenance of the alleys is an appropriate use of redevelopment funds
whether the alleys are public domain or private. He asked that the issues be resolved on a location by
location basis first and then a plan for maintenance be implemented.
Mrs. Decker addressed the signage of the alleys since they have a great deal of history associated with
each one.
Mr. Attaway wants to see them all treated equally. He would like a factual report and input from all
the neighbors, a decision made, and then one alley maintenance policy for all alleys.
Mr. Pirzynski noted that there will not be a consensus of treatment at this time, but he is ensured that
there will be a compromise. The alleys are now used by the public and they must be maintained safely.
The Town should assume the responsibility fortheir maintenance and address their use and accessibility
by emergency and trash collection vehicles. He asked that staff gather more information, address
specific issues and return with report
Les White, Public Works Director, will review the tapes, and gather input from the neighbors. The
Town Manager suggested a meeting with residents of the alleys to discuss the many concerns, and
measures for mitigating the problems associated with maintenance. In the $200,000 budget, drainage
was included and gravel considered.
Orry Korb, Town Attorney, will review the property boundaries and the impacts to the ownership
rights of the alleyways. He can complete this in approximately 30 days.
TOWN COUNCIL AGENDA FORMAT AND RULES/RESOLUTION 2001 -77 (17.28)
Mr. Davis, resident, spoke to the citizen's ability to file an appeal to make a motion for reconsideration
within 10 days of the Council action.
Council Comments:
Mr. Attaway sees Council as the final decision makers for the actions of the Town. Only Council has
the right to ask for reconsideration of itself. He noted that Council works under an adaptation of
Robert's Rules and he would like to have a refresher course to review how Council is following its
procedures.
TC:D13:MM070201 7