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M 09-24-90TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 24, 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 8:15p.m., Monday, September 24, 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 Mary Jo Levinger, Town Attorney, reported that Council had met in Closed Session following the September 17, 1990 meeting pursuant to Government Code Section 54957 to discuss a personnel matter. There is no report from that discussion. Prior to this evening's meeting Council met in Closed Session pursuant to Government Code Section 54956.9(c) to discuss Institution of Litigation regarding Route 85. There is no report from that discussion. ROBERT F. BEYER/CONSULTING SERVICES/CONTRACT Motion by Mr. Ventura, seconded by Mr. Carlson, that Council authorize the Town Manger to enter into a Contract with Robert F. Beyer for consulting services. Carried unanimously. LIBRARY GRANT/TERRATECH INC/AGREEMENT FOR SERVICES/RESOLUTION 1990-198 Motion by Mr. Ventura, seconded by Mr. Carlson, that Council adopt Resolution 1990- 198 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING DAVID W. KNAPP, TOWN MANAGER TO SIGN AN AGREEMENT WITH TERRATECH, INC. FOR CONSULTANT SERVICES FOR PREPARATION OF A GEOTECHNICAL SURVEY OF THE LIBRARY SITE, and services for the Library Grant application. Carried unanimously. TC:D1:MM092490 BASCOM INTERCHANGE/LAND USE REFERRAL PROCESS/RESOLUTION 1990-199 LOS GATOS BOULEVARD WIDENING Will Kempton, Executive Director of the Traffic Authority, stated that he was pleased with the progress of the negotiations but expressed concern over the words "impacting properties" feeling that there would no doubt be a continuing problem with definition. He stated that the language agreed upon at this meeting, in addition to being communicated to the City of San Jose, would be reflected in the performance agreement and subsequently reflected in the strategic plan. TC:D1:MM092490 September 24, 1990 Los Gatos, California BASCOM INTERCHANGE CONT. Consensus motion by Mr. Carlson that the six lane widening be constructed when development of the impacted properties within the 85/880 Project Referral Boundary takes place and are assessed for said improvements. Consensus motion by Mr. Carlson that the sentence "If land use intensity is proposed (approved), any such development must be consistent with the Town's General Plan.", have the word proposed changed to approved. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- 199 entitled, RESOLUTION OF THE TOWN OF LOS GATOS RATIFYING THE LAND USE REFERRAL PROCESS FOR BASCOM AVENUE/ROUTE 85 INTERCHANGE CORRIDOR , and authorizing the Mayor to send a letter to the City of San Jose regarding the widening of Los Gatos Boulevard as amended. Carried unanimously. MOU/CALTRANS/SCC TRAFFIC AUTHORITY/RESOLUTION 1990-200 Will Kempton, of the Traffic Authority, spoke of the need for further negotiations between the Town, the Traffic Authority and CalTrans, regarding the mitigation expectations. Motion by Mr. Ventura, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 200 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING FOR ROUTE 85, including amendment, "The remedies enumerated here are not the exclusive remedies of the parties to this agreement." Carried unanimously. ROUTE 85/FREEWAY AGREEMENT/CALTRANS/RESOLUTION 1990-201 Motion by Mr. Carlson, seconded by Mr. Ventura, freeway agreement exhibit "3" modified by exhibit "B" be amended as follows: addition of #7, "Access to Oka-Mozart neighborhood be determined by the Town."; that on exhibit "A" the Oka-Mozart access be indicated by circle rather than lines and that clarifying language be used adjacent to these markings on the map. Carried by a vote of 4 ayes. Mayor Ferrito voted no stating that he did not favor leaving this agreement unfinished. Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1990- TC:D1:MM092490 September 24, 1990 Los Gatos, California 201 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FREEWAY AGREEMENT FOR ROUTE 85, including stipulated amendments to exhibit "3", striking of the word "unilaterally" under the 7th whereas of exhibit "B", and contingency of acceptance of the Memorandum of Understanding by CalTrans. Carried by a vote of 4 ayes. Mayor Ferrito voted no preferring a completed agreement to vote on. TC:D1:MM092490 September 24, 1990 Los Gatos, California ROUTE 85/PERFORMANCE AGREEMENT/SANTA CLARA VALLEY TRAFFIC AUTHORITY/RESOLUTION 1990-202 Consensus motion by Mr. Carlson, that the referral to four lanes in the third paragraph of the letter to Will Kempton dated September 20, 1990 read as follows; "....Los Gatos proposes to widen Los Gatos Boulevard as an interim measure to four lanes with six lanes to be developed as agreed upon between San Jose and Los Gatos." Consensus motion by Mr. Carlson, that section #2 in the Performance Agreement add the word Draft before the words Strategic Plan July 1989-1990. Consensus motion that section #7 in the Performance Agreement second from last sentence reads as follows; "Any landscaping damaged or removed from a local street shall be replaced consistent with Town Policy." Consensus motion that section #13 begin with the words Traffic Authority and delete the word State. Consensus motion that section #14 B be changed to four through lanes and two turning lanes including bike lanes and pedestrian walkways. Consensus motion that section #15 read "...will enable the TOWN to restrict access at South Santa Cruz Ave to the southbound on-ramp of Highway 17 when Route 85 or Highway 17 is congested." Consensus motion that section #17 delete the words "and approval" and following sentence read "On the TOWN Engineer's and the TOWN'S acceptance that...." Consensus motion that section #20 be modified to read "for the benefit of the people of Santa Clara County and the TOWN of Los Gatos." Also in this section the last sentence shall read "If reasonable, these requests will be considered but the TOWN is under no obligation to agree to any modification." Consensus motion to add item #23 to read, "Traffic Authority to provide TOWN with appropriate data to obtain FEMA insurance for flood issues." Consensus motion to modify item #14F to include the following, "....Winchester Boulevard, shall be constructed and opened for public use at the same time or after the full Bascom...." TC:D1:MM092490 September 24, 1990 Los Gatos, California Consensus motion to add item #24 to read, "Traffic Authority will consult with the TOWN regarding signage." Consensus motion to strike the words "and sequence" from the following item #14, "...funding and construction shall be guaranteed in the following priority (and sequence)." Consensus motion to change item #14F to #14G and ad the following new item #14F, "Access to the Oka-Mozart neighborhood as determined in the Freeway Agreement." TC:D1:MM092490 September 24, 1990 Los Gatos, California Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt the Performance Agreement as amended. Carried by a vote of 4 ayes. Mayor Ferrito voted no for reasons previously stated. Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1990- 202 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PERFORMANCE AGREEMENT FOR ROUTE 85, with amendments to modified exhibit 5. Carried by a vote of 4 ayes. Mayor Ferrito voted no. Motion by Mr. Carlson, seconded by Mayor Ferrito, that Council not sign the Performance Agreement until the Memorandum of Understanding has been executed. Carried unanimously. Motion by Mayor Ferrito, seconded by Mr. Ventura, that Council not sign the Freeway Agreement until the Memorandum of Understanding has been executed. Carried unanimously. Consensus motion that Mayor communicate with the parties involved with SB209 explaining that the Town is again in cooperation with the Traffic Authority having executed a Freeway Agreement, Performance Agreement and Memorandum of Understanding and that there is no reason to continue to pursue SB209. Letters to go to the Governor, Assemblyman Quackenbush, and Senator Morgan. Mayor Ferrito will assure that 2 representatives from Council will be able to meet with the appropriate parties to negotiate the Memorandum of Understanding in order to facilitate the signing of the Freeway and Performance agreements. ADJOURNMENT Mayor Ferrito adjourned the meeting at 9:45 p.m. ATTEST: TC:D1:MM092490 September 24, 1990 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D1:MM092490