Attachment 1 - ResolutionPage 1 of 2
Resolution 2022- October 4, 2022
ATTACHMENT 1
DRAFT RESOLUTION 2022- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE
PROJECT SPECIFIC MAINTENANCE AGREEMENT (AGREEMENT) FOR THE LOS GATOS
CREEK TRAIL WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the design work on the Los Gatos Creek Trail to Highway 9 Trailhead Connector
Project (CIP No. 832-4505) began in October 2019 to install bicycle and pedestrian connections
between Highway 9 and the Los Gatos Creek Trail, including the installation of a bicycle and
pedestrian bridge across Los Gatos Creek just south of the Highway 9, and a pedestrian
switchback ramp on the north side of Highway 9; and
WHEREAS, Los Gatos Creek and Los Gatos Creek Trail along Highway 17 between the
Forbes Mill footbridge and Roberts Road West are within California Department of
Transportation’s operation right-of-way, and Town staff has been closely coordinating with the
State Transportation Department on the Connector Project; and
WHEREAS, property rights for the Los Gatos Creek Trail were intended to be transferred
to the Town when the trail was constructed in 1994, but the transfer was never completed; and
WHEREAS, California Department of Transportation is requiring the execution of the
Project Specific Maintenance Agreement for Los Gatos Creek Trail as a condition to approve the
encroachment permit to allow the work in their right-of-way for construction; and
WHEREAS, the Project Specific Maintenance Agreement (Agreement) is meant to replace
and supersede an existing Delegated Maintenance Agreement for the Creek Trail between the
Town and Caltrans from 1975; and
WHEREAS, the Agreement requires the Town to maintain the improvements from the Los
Gatos Creek Trail to Highway 9 Trailhead Connector Project and other improvements made to
the Creek Trail between the Forbes Mill footbridge and Roberts Road West; and
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Resolution 2022- October 4, 2022
ATTACHMENT 1
WHEREAS, execution of the Maintenance Agreement is a needed step to facilitate the
California Department of Transportation’s consideration to approve the encroachment permit
for construction of the Trailhead Connector Project.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos
approves the Project Specific Maintenance Agreement for Los Gatos Creek Trail with the
California Department of Transportation; and
BE IT FURTHER RESOLVED that the Town Council of the Town of Los Gatos authorizes the
Town Manager to execute the Project Specific Maintenance Agreement for Los Gatos Creek Trail.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 18th of October
2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CA
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA