1989-052-Opposing Senate Bill 209 And Endorsing Home RulesRESOLUTION NO. 1989 -52
RESOLUTION OF THE TOWN OF LOS GATOS
OPPOSING SENATE BILL 209
AND ENDORSING HOME RULE
WHEREAS, the Town of Los Gatos was incorporated in 1887
to determine land use within the Town's jurisdiction, and
WHEREAS, the Town of Los Gatos has created the General
Plan, the Downtown Specific Plan, the Town's zoning ordinances, and
other regulations and controls to ensure that the community is
thoughtfully planned; and
WHEREAS, the Town Council is committed to enhance and
maintain the quality of life for Los Gatos residents for the
present and the future, and
WHEREAS, at the detriment to the quality of life in Los
Gatos but to the benefit of Santa Clara County, the Town Council
previously approved the construction of State Highway 17; and
WHEREAS, at the detriment to the quality of life in Los
Gatos but to the benefit of Santa Clara County, the Town Council
on March 20, 1989, again signed a freeway agreement to approve the
construction of Route 85 in Los Gatos; and
WHEREAS, the freeway agreement included the construction
of two freeway interchanges in Los Gatos; the massive 17 to 85
interchange, and a half (northerly) interchange at the Los
Gatos /San Jose border completing the full interchange at Bascom
Avenue; and
WHEREAS, upon signing the freeway agreement, the Town
Council was instructed that CalTrans and the Traffic Authority (the
local funding agency) would not approve the Los Gatos Freeway
Agreement due to San Jose's objection to a Los Gatos Freeway
Agreement that includes a northerly interchange in Los Gatos at
Bascom Avenue; and
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WHEREAS, Senate Bill 209 was introduced in January and
amended in March to preclude the Town of Los Gatos from deciding
the location of interchanges for Route 85 in our community; and
WHEREAS, the Town of Los Gatos is opposed to any State
legislation that removes decision making from the municipality that
is directly affected; and
WHEREAS, the Town of Los Gatos is opposed specifically
to Senate Bill 209 because it is in direct conflict with the
concept of "home rule" and the authority granted to municipalities
to determine their own destiny; and
WHEREAS, the Town of Los Gatos is particularly opposed
to Senate Bill 209 because it would simply give preference to the
desires of one municipality over another.
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN OF LOS GATOS
IS STRONGLY OPPOSED TO SENATE BILL 209 BECAUSE IT IS IN DIRECT
CONFLICT WITH THE CONCEPT OF HOME RULE.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 17th day
of April, 1989 by the following vote:
AYES: COUNCIL MEMBERS Ferrito, Carlson, Benjamin
Hamilton
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Ventura
SIGNED:
WOR OF THE TOWN 9 LOS GATOS
ATTEST:
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