Staff Report. Accept Public Improvements for 258 Union Ave
PREPARED BY: Mike Weisz
Senior Civil Engineer
Reviewed by: Town Manager, Assistant Town Manager, Parks and Public Works Director, Town
Engineer, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 2/1/2022 ITEM NO: 3
DATE: January 21, 2022
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 for the Public Right-of-Way Improvements Completed
by Cashmere Bouquet 1031, LLC, for 258 Union Avenue, and Authorize the
Town Clerk to Submit for Recordation
RECOMMENDATION:
Staff recommends that the Town Council authorize the Town Manager to execute a Certificate
of Acceptance and Notice of Completion (Attachment 1) for the public right-of-way (ROW)
improvements completed by Cashmere Bouquet 1031, LLC, for 258 Union Avenue, and
authorize the Town Clerk to submit for recordation.
BACKGROUND:
On March 27, 2019, the Planning Commission approved Architecture and Site Application S-18-
033, Conditional Use Permit Application U-18-010, Subdivision Application M-18-004, and
Mitigated Negative Declaration ND-19-001 to construct a mixed-use commercial building with
three attached multi-family condominiums, six detached single-family condominiums, and
alternating use of parking on a 0.75-acre property zoned C-1.
On November 19, 2019, the Town Council approved the final map for Tract No. 10514,
accepting the dedications of easements.
DISCUSSION:
The public right-of-way improvements included pavement, curb, gutter, detached sidewalk with
landscaped park strip, and reservation of width for a future Class II bike lane. On December 17,
2019, Cashmere Bouquet 1031, LLC, and the Town entered into a Subdivision Improvement
PAGE 2 OF 2 SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Public Right-of-Way Improvements Completed by Cashmere Bouquet 1031, LLC, for 258 Union Avenue, and Authorize the Town Clerk to Submit for Recordation DATE: January 21, 2022
DISCUSSION (continued):
Agreement for the construction and completion of the off-site public improvements. Faithful
performance and labor and materials bonds were collected from Cashmere Bouquet 1031, LLC,
to ensure completion of the improvements.
Cashmere Bouquet 1031, LLC, has now completed the work for the public improvements per
the conditions of the agreement, and staff is recommending project acceptance. Ten percent
of the faithful performance bond shall be retained for a period of two years as a guaranty from
any defective materials and workmanship. The execution and recordation of the Certificate of
Acceptance and Notice of Completion is required to finalize the Town's acceptance of the public
right-of-way improvements.
CONCLUSION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion
for the Public ROW improvements completed by Cashmere Bouquet 1031, LLC, for 258 Union
Avenue, and authorize the Town Clerk to submit the documents to the County for recordation.
FISCAL IMPACT:
The improvements are within the public right-of-way and will become part of the Town’s
infrastructure to be maintained after the expiration of the two-year warranty period.
ENVIRONMENTAL ASSESSMENT:
An Initial Study and Mitigated Negative Declaration were prepared for the project by the
Town’s Environmental Consultant, EMC Planning Group Inc.
Attachment:
1. Certificate of Acceptance and Notice of Completion