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M 10-18-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 18, 1990 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 100 East Main Street, at 10:31 p.m., Thursday, October 18, 1990, in adjourned regular session. ROLL CALL Present:Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura and Mayor Thomas J. Ferrito. Absent:None. CLOSED SESSION Mayor Ferrito reported that Council had met prior to this evening's meeting in Closed Session pursuant to Government Code 54956.9(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion. ROUTE 85/FREEWAY AGREEMENT/MEMORANDUM OF UNDERSTANDING CALIFORNIA DEPARTMENT OF TRANSPORTATION/RESOLUTION 1990-218 Mayor Ferrito stated that this was the time so noted for Council to consider adoption of resolution authorizing Mayor to sign Memorandum of Understanding between the Town of Los Gatos and State of California Department of Transportation for Route 85. Motion by Mr. Carlson, seconded by Mr. Ventura, to eliminate the section of 1. a. which reads "...since the STATE cannot indemnify any other agency.", and have section 1. a. now read "The STATE cannot be subject to paragraph 25 of the Performance Agreement." Carried unanimously. Motion by Mr. Carlson, seconded by Mayor Ferrito, to amend section 4 to read as follows: "This Memorandum of Understanding and the Freeway Agreement may be rescinded by the TOWN if the STATE fails to perform etc......." Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Ventura, to eliminate a portion of item 8 on TC:D1:MM101890 page 5 to now read, "This Agreement may be modified at any time by the mutual consent of the parties hereto." Carried unanimously. Motion by Mr. Ventura, seconded by Mr. Carlson, to eliminate the second sentence in item 3, page 3 regarding State incurred costs since this sentence is redundant in light of the established escrow account from which the Traffic Authority handles all costs. Carried unanimously. TC:D1:MM101890 October 18, 1990 Los Gatos, California MEMORANDUM OF UNDERSTANDING CONT. Motion by Mr. Ventura, seconded by Mr. Carlson, to replace item 1. b. with the following language; "In the event that the State proposes to construct additional vehicular lanes in Route 85 beyond the currently proposed 6 lanes, the State shall, as part of the environmental assessment/analysis procedures, include Council representatives from Campbell, Cupertino, Saratoga, Monte Sereno, Los Gatos, and San Jose as well as a representative of the Santa Clara County Board of Supervisors as part of the project development team. It is mutually understood that the Santa Clara County Board of Supervisors may formally recognize these representatives as a Policy Advisory Board. The State agrees that it will not act to add additional vehicular lanes unless said Policy Advisory Board is formally recognized by the Board of Supervisors. Unless the Policy Advisory Board makes a unanimous decision the State shall take no action. The State shall be bound by the decisions of the Policy Advisory Board provided that the decisions do not conflict with STATE's design standards." Carried by a vote of 4 ayes. Mayor Ferrito voted no for reasons stated in previous record and restated at this time. He believes that CalTrans has reneged on the previous agreement entered into through the auspices of the Traffic Authority and affected cities which provided that there would be a six lane freeway and that the median would be reserved for some form of mass transit. Motion by Mr. Carlson, seconded by Mr. Ventura, that Council adopt Resolution 1990- 218 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING FOR ROUTE 85, which shall incorporate the revised Memorandum of Understanding with all the changes made at this meeting. Carried by a vote of 4 ayes. Mayor Ferrito voted no for reasons previously stated. ADJOURNMENT Mayor Ferrito adjourned this meeting at 10:46 p.m. ATTEST: TC:D1:MM101890 October 18, 1990 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM101890