1990-229-Approving Agreement Regarding Creation Of Policy Advisory Board For Route 85A612> 90,'�5
RESOLUTION 1990 -229
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AGREEMENT REGARDING CREATION OF A POLICY
ADVISORY BOARD FOR ROUTE 85
RESOLVED, by the Town Council of the Town of Los Gatos that the Agreement
regarding creation of a Policy Advisory Board attached hereto is hereby approved and the
Mayor is directed to sign the same on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of November, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura
NAYS: Mayor Thomas J. Ferrito
ABSENT: None,
ABSTAIN: None.
SIGNED:
AYOR OF THE//
LOS GATOS, CA AA
ATTEST:
!J
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
85 \agreemnt \res8542.Mou
OF LOS GATOS
"91444191 i t
This Agreement is made and entered into on this day of November, 1990,
by and between the COUNTY OF SANTA CLARA, (herein referred to as "COUNTY "),
and the TOWN OF LOS GATOS, (herein referred to as "TOWN').
WHEREAS, the TOWN is negotiating a Freeway Agreement and a Memorandum
of Understanding with the STATE OF CALIFORNIA, acting by and through the
Department of Transportation, (herein referred to as "STATE "), concerning State Route
85 through the TOWN providing for the closure and relocation of certain TOWN streets,
construction of frontage roads and other local roads, and other construction affecting
TOWN streets; and,
WHEREAS, the TOWN has signed a Performance Agreement with the Santa Clara
County Traffic Authority which outlines mitigation measures, establishes specific design
guidelines, and specifies TOWN participation in the design process for Route 85; and
WHEREAS, the TOWN'S acceptance of the construction sequence, design features
and mitigation measures included in the Performance Agreement is an integral part of the
TOWN'S consent to the Freeway Agreement; and
WHEREAS, the COUNTY created a Policy Advisory Board in 1985 to resolve the
differences among corridor cities regarding the design of the Route 85 transportation
facility; and
WHEREAS, after extensive discussion and negotiation between representatives of
the cities and the County on the Policy Advisory Board, the recommended configuration of
Route 85 was determined by unanimous vote of all members of the Policy Advisory Board;
and
85 \agreemnt \county I Rev. November 6,1990 11:29
WHEREAS, a crucial element in the design of the Route 85 freeway was the
preservation of the median for future mass transportation; and
WHEREAS, the COUNTY, acting through the Santa Clara County Transportation
Agency, appropriated funds to ensure the complete compatibility of the Route 85 freeway
project with future transit facilities in portions of the corridor; and
WHEREAS, current planning documents and studies undertaken and approved by
the COUNTY call for future construction of a mass transportation facility in the Route 85
corridor.
NOW, THEREFORE, IT IS AGREED:
1. The preservation of the median of Route 85 for future mass transportation is
necessary for the public health, safety, and general welfare, of the citizens of Santa Clara
County.
2. Through this Agreement, the COUNTY agrees that in the event any changes are
proposed in the approved use of the median in the Route 85 Freeway Corridor between
Stevens Creek Boulevard and State Route 87:
a. A Policy Advisory Board shall be formally designated including Council
representatives from the cities of Campbell, Cupertino, Los Gatos, Monte
Sereno, Mountain View, San Jose, Saratoga and Sunnyvale, as well as two
representatives of the Santa Clara County Board of Supervisors and a
CalTrans representative to determine the acceptability of the proposed change
and to resolve the concept of the transportation facility or facilities proposed
in the median.
85 \agreemnt \county 2 Rev. November 6,1990 11:29
b. The COUNTY shall further require that any decision of the Policy Advisory
Board affecting a change in the approved use of the median must be
unanimous, and shall be consistent with the County's Congestion Management
Plan and shall not conflict with the STATE'S design standards and project
development policies and procedures. The County agrees to be bound by
unanimous decision of the Policy Advisory Board.
3. This Agreement may be modified at any time by the mutual consent of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers.
TOWN OF LOS GATOS
A Municipal Corporation
Date:
By:
Thomas J. Ferrito
Mayor
COUNTY OF SANTA CLARA
Date:
By:
Susanne Wilson
Chair, Board of Supervisors
APPROVED AS TO FORM:
Date:
By:
Mary Jo Levinger
Town Attorney
Date:
By:
County Counsel
85 \agreemnt \county
3
Rev. November 6,1990 11:29