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Attachment 2A0V K of Town of Los Gatos Parks & Public Works t ,l 41 Miles Avenue Los Gatos, CA 95030 ��s GAt�s (408) 399 -5770 February 20, 2014 RE: SR 85 Express Lane Project To Whom It May Concern, Staff from the Town of Los Gatos has reviewed the project information and has the following comments: • The proposed addition of second express lane is not noted in the Caltrans "Notice of Intent to Adopt a Negative Declaration" dated December 27, 2013. See attached. • In the initial study for the negative declaration, the addition of second express lane is not noted in the "Project Description" on the front page under "Proposed Negative Declaration ", on page i under "Summary ", nor on page 1 of the report under "Introduction ". One can only find the project includes adding a second express lane in the detailed discussion in the report. • Under the "Route 85 Performance Agreement signed in 1990 between Traffic Authority (former VTA), and the Town of Los Gatos, it was agreed that "Route 85 through the TOWN will be a 6 -lane facility with a median width of 46' from Winchester Boulevard to Pollard Road, and 48' from Bascom Avenue to Winchester Boulevard; and a vertical profile as shown in Attachment "A "." This agreement would need to be resolved. • Also under the same agreement, "The Traffic Authority agrees that no new freeway lanes shall be constructed in the Route 85 median or in the shoulders of Route 85 within the geographical limits of TOWN without prior written approval by the Town Council of the TOWN." The Town will continue to participate in the planning and design process for the future of Route 85. If you have any questions or if you may need any assistance from Town staff, please feel free to contact me or call Jessy Pu, Town Traffic Engineer, at 408 - 395 -2859. Sincerely, Matt Morley Director of Parks and Public Works ATTACHMENT 2 Steven Leonardis, Mayor Marcia Jensen, Vice Mayor Diane McNutt, Council Member Joe Pircynsld, Council Member Barbara Spector, Council Member April 23, 2014 VIA First Class Mail TowN of Los GATos CIVIC CENTER OFFICE OF THE MAYOR AND TOWN COUNCIL 110 E. MAIN STREET Los GATOS, CA 95030 (408) 354 -6801 Council @LosGatosCA.gov Hon. Ash Kalra, Chair Board of Directors Santa Clara Valley Transportation Authority 3331 North First Street San Jose, CA 95134 RE: Proposed Highway 85 Expansion Dear Councilman Kalra, I am writing on behalf of the Los Gatos Town Council regarding the 1990 Performance Agreement duly executed between the Town of Los Gatos and the Santa Clara County Traffic Authority, the predecessor of the Santa Clara Valley Transportation Authority (VTA). Pursuant to VTA's By -Laws, State enabling legislation and VTA staff representations, VTA is the successor agency to the Santa Clara County Traffic Authority and has assumed all powers, obligations, assets and responsibilities of the prior agency, including the 1990 Performance Agreement with the Town of Los Gatos. Section 14 of the 1990 Performance Agreement states: "The TRAFFIC A UTHORITYagrees that no new freeway lanes shall be constructed in the Route 85 median or in the shoulders of Route 85 within the geographical limits of TOWN without prior written approval by the Town Council of the TOWN " This is a reminder that as VTA goes through its planning process of future changes to Highway 85, the specifics of any expansion of the section of highway that goes through the Town of Los Gatos must be scheduled for Council review and approval before any plans are finalized by the VTA Board. Mayor letter. VTA.apr.2014 INCORPORATED AUGUST 10, 1887 i0 Page 2 Mayor letter— Proposed VTA Expansion April 23, 2014 The required written approval from the Town Council may be requested by VTA through the Mayor and/or Town Manager, who will then schedule the matter for the next available Town Council meeting. Preparation for the Council meeting and any other information, if needed, can be obtained from Parks and Public Works Director Matt Morley at MMorley @LosGatosCA.gov / (408) 399 -5774 or Town Attorney Rob Schultz at RSchultz@LosGatosCA.gov / (408) 354 -6818. Sincerely, STEVEN LEONARDIS Mayor SL:jj cc: VTA Board of Directors VTA Policy Advisory Committee VTA General Manager West Valley Mayors and Managers Los Gatos Town Council Greg Larson, Town Manager Rob Schultz, Town Attorney Matt Morley, Town Director RECEIVED T/J w 5 A N f A C L A R A Valley Transportation Authority MAY 2 0 2014 MAYOR & TOWN COUNCIL May 14, 2014 The Honorable Steven Leonardis, Mayor Town of Los Gatos Civic Center 110 East Main Street Los Gatos, California 95030 Re: Proposed Highway 85 Expansion Dear Mayor Leonardis: Thank you for your April 23, 2014 letter to VTA Chair Ash Kalra on the referenced project. Chairman Kalra has requested that I respond directly to you on this matter. In the letter, you cited a provision of the 1990 Performance Agreement between the Town of Los Gatos and the Santa Clara County Traffic Authority, a VTA predecessor agency. Please be assured that VTA values the concerns and opinions of city councils and community groups regarding our projects. The recent discussions and public presentations on the contemplated SR 85 improvements are an example of this. Finding creative and effective solutions to transit and transportation challenges requires close cooperation among the communities we all serve. With regard to the specific issue you raise, we are prepared to provide the following response: As you may know, the dynamics of the traffic issues in Silicon Valley are fluid and change over time. Certainly, we can all agree that what may have been envisioned over 30 years ago may not always be what is best for the region today. We are currently working through the process that will require significant future decisions regarding this project. The staff is following the CEQA process that requires evaluating alternatives to reduce significant environmental impacts. In addition, we are required to identify mitigation measures to reduce significant impacts. We have referred your request to our General Counsel, who is of the opinion that the provision you cite is unenforceable to the extent it restricts VTA's ability to independently exercise its legislative authority. 15675 3331 North First Street Son lose, CA 951341927 - Administration 408.321.5555 , Customer Service 400.321.2300 • www.vto.org Hon. Steven Leonardis, Mayor May 14, 2014 Page 2 However, as you know, VTA is constantly striving to work with the cities within its jurisdiction to ensure that proper public input is weighed and considered before it makes any final decisions on major traffic improvements. That is certainly our intent with regard to any future improvements to SR 85. Thank you for your letter and we look forward to working with the Town of Los Gatos as well as the other jurisdictions seeking to relieve congestion along the SR 85 corridor. Sincerely. Nuria Fernandez General Manager Santa Clara Valley Transportation Authority 15675 December 19, 2014 VIA email TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT SERVICE CENTER PHONE (408) 399 -5770 41 MILEs AVENUE FAX (408) 354 -8529 Los GATos, CA 95030 Board of Directors Santa Clara Valley Transportation Authority 3331 North First Street San Jose, CA 95134 Dear Board Members Please find the attached and retransmitted a letter dated April 23, 2014, which outlines the position of the Town of Los Gatos in regards to potential changes to Route 85. The Town requests this information become part of the public record for any related agenda item at the January 8, 2015 Board of Directors meeting either under a related agenda item or under public comment. Sincerely, Matt Morley Director of Parks and Public Works