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rescinded by the TOWN if the STATE fails to perform etc......."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
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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.
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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:
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October 18, 1990
Los Gatos, California
Marian V. Cosgrove
Town Clerk
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