2010051705 - Reservior Road - Norice of Completion and Certificate of Acceptance - San Jose Water Works - Sienna Oaks~pW N OF
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SOS CASpS
DATE:
TO:
FROM:
COUNCIL AGENDA REPORT
APRIL 22, 2010
MAYOR AND TOWN COUNCIL
MEETING DATE: 05/17/10
ITEM NO:
GREG CARSON, TOWN MANAGER //~'
SUBJECT: RESERVOIR ROAD (APN: 529-31-0411
ADOPT RESOLUTION ACCEPTING WORK OF SIENNA OAKS, LLC, AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION POR RECORDING BY
CLERK ADMINISTRATOR
RECOMMENDATION:
Adopt a Resolution accepting work of Sienna Oaks, LLC, and authorizing the Town Manager to
execute a Certificate of Acceptance and Notice of Completion for recording by the Town Clerk
Administrator.
BACKGROUND:
The original developer of the project, San Jose Water Company, requested approval to subdivide
the property and construct 4 single family homes. On January 20th, 2004, the Town Council
approved the Subdivision Application & associated Tentative Map (M-O1-13). The property was
subsequently transferred to Sienna Oaks, LLC who filed a Parcel Map for the project which was
approved and recorded May 1, 2006.
DISCUSSION:
The Reservoir Road (APN: 529-31-041) development was required to offer Public Service
Easements along the Prospect Avenue and Reservoir Road frontages and complete storm
drainage, rolled curb and paving improvements to widen sections of Reservoir Road in that area.
Additionally, Ute developer was required to do a pavement overlay of portions of Reservoir Road
from the development to Cleland Avenue. The work was completed to Town standards in
November of 2009.
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PREPARED BY: TODD CAPURSO
Director of Parks and Pttblic Works
Reviewed by:
Town Manager
Attorney Clerk Administrator
~~ Finance Conununity Development
N:1PPW\MANAGEMF,NT\COiJNCIL\COUNCIL REPORTS\20101tepor~s\May 17U2escrvoirRoad.PinalAcceptance.doc
PAGE 2
APRIL 22, 2010
MAYOR AND TOWN COUNCIL
SUBJECT: RESERVOIR ROAD (APN: 529-31-041)
DISCUSSION (cont'd):
The Developer posted security, in the form of certificates of deposit, to ensure that the public
improvements would be constructed to Town standards. The Town typically releases 90-percent
of the security upon recordation of the Certificate of Acceptance and Notice of Completion, and
retains 10-percent for two years.
CONCLUSION:
This project is now ready for approval and acceptance by the Town and the release of 90-percent
of the security. Staff therefore recommends the Town Council adopt a resolution accepting the
work of Sienna Oaks, LLC, and authorizing the Town Manager to execute a Certificate of
Acceptance and Notice of Completion for recording by the Town Clerk Administrator.
ENVIRONMENTAL ASSESSMENT:
This activity is a project as defined under the California Enviromnental Quality Act (CEQA), but
is ministerial; therefore uo fm-ther action is required under CEQA.
FISCAL IMPACT:
There is no direct known fiscal impact associated with accepting these previously required public
improvements. However, once accepted these improvements become part of the Town's
infrastructure which must be maintained. The future costs are not known at this time. New
development in the subdivision will yield new property tax revenues to the Town in future years.
Attachments:
Resolution accepting work of Sietma Oaks, LLC for RESERVOIR ROAD - (APN: 529-31-041)
(Exhibit A -Certificate of Acceptance and Notice of Completion)
Distribution:
Sienna Oaks, LLC, Attn: Lynn O'Brien, 80 Reservoir Rd, Los Gatos, CA 95030.
RESOLUTION
Attachment 1
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF SIENNA OAKS, LLC
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on January 20«' 2004, Resolution 2004-4, the Town Council approved the
Subdivision Application and associated Tentative Map for Reservoir Road (APN: 529-31-041)
and which subsequent Parcel Map was approved and recorded May 1, 2006 ;and
WHEREAS, Sienna Oaks, LLC has satisfactorily completed the public improvements
consisting of installation of storm drainage, curb and paving improvements as required by the
parcel map; and
WHEREAS, the public hnprovements have been satisfactorily completed; and
WHEREAS, the development is now ready for approval and acceptance by the Town of
Los Gatos and release of 90-percent of security.
NOW THEREFORE, BE IT RESOLVED that the Town Manager is authorized and
directed to execute the Certificate of Acceptance and Notice of Completion attached as (Exhibit
A) hereto.
BE IT FURTHER RESOLVED that the Clerk Adminishator is directed to transmit this
Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County far
recording.
BE IT FURTHER RESOLVED that the Clerk Administrator is directed to release 90-
percent of the Faithful Performance, and Labor and Materials security.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17`x' day of May, 2010 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERIC ADMINISTRATOR OF THE TOWN OP LOS GATOS
LOS GATOS, CALIFORNIA
Recording Requested By:
Town of Los Gatos
When Recorded Mail To:
Clerk Administrator
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
EXHIBIT A
Record without fee pursuant to
Government Code Section 6103
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
PROJECT: Reservoir Road (APN: 529-31-041)
OWNER: Sieima Oaks, LLC
SO Reservoir Rd
Los Gatos, CA 95030
TO WHOM IT MAY CONCERN:
We do hereby certify that Siemia Oaks, LLC completed the work consisting of installation of
storm drainage, curb and paving improvements as required on the approved Plans and
Specifications for the project.
The work was completed in November 2009, and is commorily known as Reservoir Road (APN:
529-31-041).
The Bank on the Certificate of Deposit accompanying the contract/agreement is: Heritage Bank
of Commerce.
Account Numbers: 402000769 & 402000757
Certificate Issued Date: April 10, 2006
TOWN OF LOS GATOS
By:
Director of Parks and Public Works
By:
Town Manager
ACKNOWLEDGEMENT REQUIRED
AFFIDAVIT
I, GREG CARSON, the Manager of Town of Los Gatos, have read the foregoing
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents
thereof. The same is hue of my own knowledge, except as to the matters which are therein
alleged on information or belief, and as to those matters I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration
was executed on , 2010 at Los Gatos, California.
Greg Larson Town Manager
Town of Los Gatos
RECOMMENDED BY:
Todd Capurso,
Director of Parks and Public Works
APPROVED AS TO FORM:
Michael Martello
Interim Town Attorney
Date:
Date:
JURAT REQUIRED