03 Staff Report.Betchard Union Avenue Development Accept Public Improvements
PREPARED BY: James Watson
Senior Civil Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, 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: 09/19/2023 ITEM NO: 3
DATE: September 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Acknowledging the Completion of Public Right-of-Way
Improvements by Betchart Union Avenue Development LLC for the
Subdivision Located at 15975 Union Avenue and Authorizing the Town
Manager to Execute and Record a Notice of Completion and Certificate of
Acceptance
RECOMMENDATION:
Adopt a Resolution (Attachment 1) acknowledging the completion of public right-of-way
improvements by Betchart Union Avenue Development LLC for the subdivision located at 15975
Union Avenue and authorizing the Town Manager to execute and record a notice of completion
and certificate of acceptance (Attachment 2).
BACKGROUND:
The County recorded a parcel map on February 19, 2019 subdividing Lands of Betchart Union
Avenue Joint Venture Partnership located on the northwest corner of intersection of Union
Avenue and Blossom Hill Road into three parcels.
The Town issued Conditions of Approval of the subdivision that obligated the Subdivider to
enter into several agreements including a Shared Maintenance Agreement, Landscape
Maintenance Agreement, Agreement for Stormwater Best Management Practices Inspection
and Maintenance Obligations, and a Subdivision Improvement Agreement.
The Town Manager executed a Subdivision Improvement Agreement with the Subdivider on
October 22, 2018 to construct various off-site public improvements including curb, gutter,
sidewalk, drainage, a dedicated right turn lane, crosswalk, street light and traffic light upgrades,
PAGE 2 OF 2 SUBJECT: Authorize the Town Manager to Execute a Notice of Completion and Certificate of Acceptance for the Public Right-of-Way Improvements Completed by Betchart Union Avenue Development LLC for the Subdivision Located at 15975 Union Avenue, and Authorize the Town Clerk to Submit for Recordation DATE: September 6, 2023
BACKGROUND (continued):
signage and striping including bike lanes. Faithful performance and labor and materials bonds
were collected from the Subdivider to ensure completion of the improvements.
DISCUSSION:
The Subdivider has completed the work for the public improvements per the conditions of the
Subdivision Improvement 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
Notice of Completion and Certificate of Acceptance is required to finalize the Town's
acceptance of the public right-of-way improvements.
CONCLUSION:
Construction of the required improvements is complete, and staff is recommending acceptance
of the public improvements at the intersection of Union Avenue and Blossom Hill Road and
execution of the required supporting documents.
FISCAL IMPACT:
The property owner and its successors shall be responsible for the maintenance of all vegetated
areas adjacent to the property along Union Avenue and Blossom Hill Road located within the
street dedication. The public improvements associated with the Subdivision Improvement
Agreement are not anticipated to increase maintenance costs of the Town’s infrastructure.
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA but is Categorically Exempt (Section 15303: New
Construction or Conversion of Small Structures). A Notice of Exemption will not be filed.
Attachments:
1. Resolution
2. Certificate of Acceptance and Notice of Completion