2004-112-Authorize The Town To Become A Co-Applicant With Valley Transportation Authority And Sobrato Interests III In An Application To The CA Public Utilities CommissionRESOLUTION NO. 2004-112
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN TO BECOME A CO-APPLICANT WITH VALLEY
TRANSPORTATION AUTHORITY AND SOBRATO INTERESTS III IN AN
APPLICATION TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION
TO CONVERT A PRIVATE RAILWAY CROSSING EASEMENT
AT 14300 WINCHESTER BOULEVARD TO A PUBLIC CROSSING
WHEREAS:
A. On May 3, 2004, the Town adopted an amendment to a planned development
ordinance authorizing a mixed housing and office use at 14300 Winchester Boulevard {Ordinance
No. 2130).
B. Railroad tracks within aright-of- way parallel the frontage of the project site on
Winchester Boulevard. The right-of-way is owned by the Valley Transportation Authority ("VTA")
and, in the vicinity of the project site, maintained by the Union Pacific Railroad ("UPRR"). The
driveway entry to the project site is perpendicular to and crosses the tracks and right-of-way. That
crossing is currently classified as a private crossing, meaning that its sole beneficiary is the. owner
of the project site., 'Sobrato Interests III {"Sobrato"). Condition No. S 1 of Ordinance No. 2130
requires that the,private crossing be improved with safety devices consistent with a public crossing,
which would be maintained by .Sobrato and VTA.
C. Jurisdiction for approving the conversion of a private raihoad crossing lies with the
California Public Utilities Commission ("CPUC"). On March 5, 2004, VTA and Sobrato filed an
:application with the CPUC for permission to convert the crossing from private to public (Application
No. 04-03-003) and for approval of ne~v automatic warning devices and related traffic controls.
These safety enhancements will be necessary to upgrade the crossing for increased use from the
Sobrato development.
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D. The application was objected to by UPRR, the prior owner of the railroad right-of-
way, which retained an easement allowing its continued use of the track. UPRR argues that the
Town, which has jurisdiction over the adjacent public roadway, Winchester Boulevard, should be
a co-applicant, To eliminate this objection, both VTA and Sobrato have asked the Town to join in
the application.
RESOLVED:
l . That the Town j oin in the Application No. 04-03-003 to the California Public Utilities
Commission seeking permission to convert a private railway crossing easement at 14300 Winchester
Boulevard to a public crossing.
2. That the Town Manager is authorized to sign documents necessary to implementthis
Resolution.
PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 7`" day of September, 2004, by the following vote:
COUNCIL MEMBERS.:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve
Glickman
NAYS.: None
ABSENT: None
ABSTAIN: None
~.
.SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA N:\SHAREWdopted Reno=Ords\Comm-Dev~•rcrossing:reso.wpd
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