HomeMy WebLinkAboutCity Council Resolution 2092 EESOLb~DION RO. 2092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APP~OVING A OOOPERATIVE
AGREEMENT BETWEEN THE CALIFOF~IA DEPARIMEhT OF TRANSPORTATION AND THE CITY OF
SARATOGA OONCERNING THE ROUTE 85 ALTERNATIVES ANALYSIS
WHEREAS, the City of Saratoga wishes to ensure full local participation in the
decision-making process with respect to the Alternatives Analysis for Route 85;.
WHEREAS, in order to accomplish this goal the City Oouncil did, on November 3, 1982,
agree to participate in the cost of the Alternatives Analysis up to a maximun of
$25,000; and
WHEREAS, it was understood by all parties that the Department of Transportation of
the State of California ~Duld prepare an agreement between itself and the various
cities involved specifying the exact terms under which the Alternatives Analysis
would be conducted; and
WHEREAS, the City Council finds the aforementioned agreement, which is attached
as Exhibit A, to be satisfactory.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby approves the aforerentioned agreement and authDrizes the Mayor to execute
the same on its behalf.
The above and foregoing resolution was passed and adopted at a regular meeting
of the City Council of the City of Saratoga held on the 21st day of September ,
1983, by the following vote:
AYES: Councils Callon, Clevenger, Fanelli, Mallory and Mayor Noyles
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
04-SCl-85 4.1/t7-9
04134-485000
Rte. 87 to Stevens Cr. Blvd.
Transportation Study
Dist. Agmt. No. 4-0880-C
Document No. SC1-43-
COOPERATIVE AGREEMENT
1 THIS AGREEMENT, ENTERED INT0 ON , 1983,
2 is between the STATE 0~ CALIFORNIA, acting by and through its
B Department of Transportation, referred to herein as STATE, and
5 CITY 0r SARATOGA,
a body politic and a municipal
6 corporation of the State of
California, referred to herein
7 as CITY.
8 RECITALS
9
(1) The then existing California Highway Commission by
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~ resolutions dated October 17, 1956, November 25, 1957, and
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September 27, 1961, adopted the location for State Highway Route
85 between Route 101 (Monterey Road) in San Jose and Route I01 in
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Mountain View.
(2) Subsequent to said adoptions, STATE constructed
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the northerly portion of said Route 85 between Stevens Creek
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Boulevard and Route 101 in Mountain View and also acquired a
substantial portion of the real property which would be required
construction of the remainder of the facility.
19
(3) Although transportation development alternatives
for the southerly portion of the Route 85 corridor easterly of
Route 87 have recently been evaluated, there has been no recent
comprehensive evaluation of possible transportation facility
development in the segment of Route 85 between Route 87 and
Stevens Creek Boulevard.
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i (4) Responsible representatives of Santa Clara County
2 and various local and regional governmental agencies likely to be
B affected by development of a transportation facility in the Route
4 85 corridor have expressed the need for a teevaluation of the
5 choice of transportation mode or modes to be developed in this
6 segment of the corridor.
7 (5) STATE is willing to undertake a study and to
8 prepare a Draft Environmental Impact Statement/Draft
9 Environmental Impact Report (DEIS/DEIR) covering transportation
10 alternatives along the adopted alignment of State Highway Route
ll 85 between Route 87 and Stevens Creek Boulevard, referred to
1R hereinafter as "STUDY"°
1B (6) STATE is willing to contribute one-half of the
14 total cost of STUDY, provided that the various local affected
15 agencies will collectively contribute the other half of the cost
I6 and will advise and assist STATE in the conduct of said STUDY.
17 (7) A Policy Advisory Board composed of locally
18 elected officials representing affected agencies including CITY
19 has been formed to advise and assist STATE in the conduct of
20 STUDY.
21 (8) A Technical Advisory Committee (TAC), also known
22 as the Project Development Team (PDT), consisting of staff
2S members from each of the affected agencies, including CITY and
24 STATE, has also been formed to advise and assist the Policy
25 Advisory Board and STATE in the conduct of STUDY.
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1 (9) STUDY will be conducted in general conformance
R with applicable ~ederal and State requirements and with a Work
S Program developed by the TAC in consultation with the Policy
~ Advisory Board.' The Work Program may be amended or revised from
5 time to time as necessary to meet changing conditions without
6 affecting the terms of this agreement.
7 (10) This agreement sets forth the terms and conditions
8 under which CITY and STATE will cooperate and jointly participate
9 in STUDY.
10
11 SECTION I
12 STATE AGREES:
1S (1) To act as Lead Agency by providing the necessary
14 professional and technical staff services as required for STUDY
15 and for public displays, meetings and hearings to be conducted by
16 STATE, and to bear STATE's share of the expense thereof.
17 (2) To keep the Policy Advisory Board and the TAC
18 informed of progress of and significant developments affecting
19 STUDY.
20 (3) To bear 50 percent of the total cost of STUDY; but
21 in no event shall STATE's total obligation for costs under this
22 agreement exceed the amount of $5OO,0OO; provided that STATE may,
23 at its sole discretion, in writing, authorize a greater amount.
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1 (4) Upon completion of the STUDY to furnish CITY with
2 a final statement of the acutal cost of STUDY; and to refund to
3 CITY any amount of CITY's deposits, required in Section II,
4 Article (3), remaining after actual costs to be borne by CITY
5 have been deducted.
6 SECTION II
7 CITY AGREES:
8 (1) To cooperate with, advise, assist and participate
9 with STATE in STUDY including:
10 (a) Maintaining CITY representation on the
ll Policy Advisory Board and on the TAC.
12 (b) Fostering effective community and public
13 participation.
14 (c) Furnishing CITY staff time to provide
15 information on community desires, local
16 land use and transportation plans, and
1T other relevant information readily
18 accessible to CITY's staff.
19 (2) To bear 2.25 percent of the total costs of STUDY
20 (said costs do not include the cost of CITY staff time which may
2i be expended on STUDY); but in no event shall CITY's total
22 obligation for said costs under this agreement exceed the amount
23 of $25,000; provided that CITY may at its sole discretion, in
24 writing, authorize a greater amount upon request by STATE
25 pursuant to the provisions of Section III, Article (7) of this
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1 agreement.
~ (3) To deposit $7,500 with STATE within 25 days of
S receipt of billing from STATE, which billing will be for~'arded
4 upon execution of this agreement by STATE. To make a second
5 deposit of $7,500 during December 1983 within 25 days of receipt
6 of billing, which billing will be forwarded by STATE on or about
7 December 1, 1983. To make a final deposit of $7,500 during July
8 1984 within 25 days of receipt of billing, which billing will be
9 forwarded by STATE on or about July 1, 1984-
10 SECTION Ill
11 IT IS MUTUALLY AGREED AS FOLLOWS:
1~ (1) All obligations of STATE under the terms of this
13 agreement are subject to the appropriation of resources by the
1~ Legislature and the allocation of resources by the California
15 Transportation Commission.
16 (2) Should any portion of STUDY be financed with
17 Federal funds or State gas tax funds, all applicable procedures
18 and policies relating to the use of such funds shall apply
19 notwithstanding other provisions of this! agreement.
~O (3) STUDY will be conducted in general conformance
21 with applicable Federal and State requirements and with a Work
22 Program developed by the TAC in consultation with the Policy
23 Advisory Board. The Work Program may be modified or amended from
~4 time to time to meet changing conditions without affecting the
25 terms of this agreement.
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1 (4) The DEIS/DEIR to be prepared as a part of STUDY
2 shall be prepared in accordance with all applicable Federal and
S State laws, rules and procedures.
4 (5) In the event that the. total deposits, including
5 the STATE's share, exceed the actual final cost of the STUDY, the
6 excess thereof shall be refunded to the participating agencies in
7 the same proportion as their respective deposits. The actual
8 final cost of STUDY will be determined upon completion of all
9 work and final accounting of all related charges, and shall be
10 the sum of the following:
ll (a) Salary costs computed in accordance with
12 STATE's standard accounting procedures.
13 (b) Travel and per diem expenses including
14 charges for the use by such employee of
15 State vehicles, if required, in accordance
16 with rates set up by the State Board of
17 Control Rules under Title 2, Section 706.
18 (c) Functional indirect and administrative
19 overhead costs computed in accordance with
20 STATE's Accounting Manual Chapter II, Table
21 6-2.
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1 (6) In the event that the actual final cost of the
2 STUDY exceeds twice the total deposits from all participating
3 agencies by no more than one percent of the estimated total cost
4 of STUDY, the Cities of Saratoga, Campbell, Cupertino, and the
5 Town of Los Gatos shall equally bear the said excess. Should the
6 actual final cost of the STUDY exceed twice the total deposits by
7 more than one percent of the estimated total cost of STUDY, STATE
8 and all the participating agencies shall endeavor to agree upon a
9 mutually agreeable method of financing the overrun. For purpose~
lO of this agreement, the estimated total cost of STUDY is
ll $1,000,000.
12 (7) In the event that one or more of the agencies that
13 have previously indicated a willingness to participate in the
14 cost of STUDY fail to execute an agreement with STATE, or fail to
15 make one or more of the required deposits, it is the intent that
16 STUDY will be undertaken and completed by the remaining
17 participating agencies. If the cost of STUDY cannot be reduced
18 sufficiently to compensate for the loss of expected deposits,
19 each of the remaining participating agencies may be requested to
20 increase its pro-rata share to make up for the missing portions
21 of funding for STUDY. If one or more of the remaining
22 participating agencies are unable, for any reason, to increase
23 their deposits if so requested, STATE may, at STATE's option,
2~ cancel STUDY and refund all unexpended deposits t.o the
25 participating agencies in proportion to their respective deposits
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1 (8) Neither STATE nor any officer or employee thereof
2 shall be responsible for any damage or liability occurring by
3 reason of anything done or omitted to be done by CITY under or in
~ connection with any work, authority or jurisdiction delegated to
5 CITY under this agreement. It is also agreed that, pursuant to
6 Government Code Section 895.4, CITY shall fully indemnify and
7 hold STATE harmless from any liability imposed for injury (as
8 defined by Government Code Section 810.8) occurring by reason of
9 anything done or omitted to be done by CITY under or in
10 connection with any work, authority or jurisdiction delegated to
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CITY under this agreement.
12 (9) Neither CITY nor any officer or employee thereof,
13 shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by STATE under or
15 in connection with any work, authority or jurisdiction not
16
delegated to CITY under this ~greement. It is also agreed that,
17
pursuant to Government Code Section 895-4, STATE shall be fully
18
indemnify and hold CITY harmless from any liability imposed for
19 injury (as defined by Government Code Section 810.8) occurring b~
reason of anything done or omitted to be done by STATE under or
21 in connection with any work, authority or jurisdiction not
22 delegated to CITY under this agreement.
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1 (10) Upon completion of STUDY, ownership and title to
2 all reports, documents, maps, plans and any other materials
3 produced or acquired as a part of STUDY will automatically be
4 vested in the STATE and no further agreement will be necessary t~
5 transfer ownership to the STATE.
6 (11) This agreement may be altered or amended from time
7 to time by mutual consent of the parties hereto.
8 (12) This agreement shall terminate upon completion of
9 STUDY or on December 31, 1987, whichever is earlier.
10
11 STATE 0F CALIFORNIA CITY OF SARATOGA
12 Department of Transportation ~.~
LEO TROMBATORE
13 Director of Transportation
14
By Attest:
BURCH'C:.B~CHTO~D
15 Distict Director
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