04 Staff Report
PREPARED BY: Lisa Petersen
Assistant Director of Parks and Public Works/Town Engineer
__________________________________________________________________________________________
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks
and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/07/2020
ITEM NO: 4
DATE: April 1, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and
Notice of Completion Accepting the Completed Work of SummerHill Prospect
Avenue, LLC, for Improvements in the Public Right-of-Way for 100 Prospect
Avenue and Authorize Recording by the Town Clerk
RECOMMENDATION:
Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion
(Attachment 1) accepting the completed work of SummerHill Prospect Avenue, LLC, for
improvements in the public right-of-way for 100 Prospect Avenue and authorize recording by
the Town Clerk.
BACKGROUND:
On March 24, 2014, the Town Council certified the Environmental Impact Report, adopted the
Mitigation Monitoring and Reporting Plan, and adopted a Resolution to approve Subdivision
Application M-13-003, subdividing the 10.3-acre property into 17 lots. The adopted ordinance
also allowed for the construction of the improvements as outlined in the Planned Development.
On January 20, 2015, the Town Council approved the Final Map for Tract No. 10275 – 100
Prospect Avenue, accepting the dedications and authorized the Town Manager to execute the
Subdivision Improvement Agreement for the construction of public improvements.
Subsequent to approval of said Map, in March 2015, SummerHill Prospect Avenue, LLC, entered
into a Subdivision Improvement Agreement with the Town, provided the three required bonds
(Faithful Performance Bond, Labor and Materials Bond, and Monumentation Bond) to
guarantee the construction of all improvements, and paid the appropriate fees to fully comply
with the previously imposed development conditions and Town ordinances.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion Accepting the Completed Work of SummerHill Prospect Avenue,
LLC, for Improvements in the Public Right-of-Way for 100 Prospect Avenue and
Authorize Recording by the Town Clerk
DATE: March 20, 2020
BACKGROUND (continued):
The following public improvements were required to be completed by SummerHill Prospect
Avenue, LLC:
1. Provide a full-street right-of-way width of 40 feet for the court at 100 Prospect Avenue
(now referred to as Sisters Court);
2. Create a new cul-de-sac terminus at the end of Prospect Avenue;
3. Provide a curvilinear right-of-way on Prospect Avenue.
DISCUSSION:
SummerHill Prospect Avenue, LLC has satisfactorily completed all of the work for the project
and staff recommends project acceptance. Five percent of the faithful performance bond will
remain in effect for a period of one year as guarantee for any needed repair or replacement
caused by defective materials and workmanship. The execution and recordation of the
Certificate of Acceptance is now required to finalize the Town's acceptance of the project.
CONCLUSION:
Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion
accepting the completed work of SummerHill Prospect Avenue, LLC, for improvements in the
public right-of-way for 100 Prospect Avenue and authorize recording by the Town Clerk.
FISCAL IMPACT:
There is no fiscal impact associated with accepting these public improvements. Once accepted,
these improvements become part of the Town’s infrastructure which must be maintained.
ENVIRONMENTAL ASSESSMENT:
An Environmental Impact Report (EIR) was previously prepared for the project as required by
the California Environmental Quality Act (CEQA). The Environmental Impact Report was
certified and the Mitigation Monitoring and Reporting Program adopted by Town Council on
March 24, 2014.
Attachment:
1. Certificate of Acceptance and Notice of Completion
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion Accepting the Completed Work of SummerHill Prospect Avenue,
LLC, for Improvements in the Public Right-of-Way for 100 Prospect Avenue and
Authorize Recording by the Town Clerk
DATE: March 20, 2020
Distribution:
Mike Keaney, SummerHill Homes – 777 South California Ave, Palo Alto, CA 94304
Derrick Csimma, SummerHill Homes – 18840 Saratoga Los Gatos Road, Los Gatos, CA 95030