Staff Report
PREPARED BY: LISA PETERSEN
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/16/2019
ITEM NO: 7
DATE: APRIL 5, 2019
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT BETWEEN THE TOWN AND THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION (CALTRANS) FOR THE MAINTENANCE OF STATE
HIGHWAYS IN THE TOWN OF LOS GATOS ORGINALLY APPROVED BY TOWN
COUNCIL RESOLUTION 1974-168
RECOMMENDATION:
Authorize the Town Manager to execute an amendment (Attachment 1) to the Agreement
between the Town and the California Department of Transportation (Caltrans) for the
maintenance of State highways in the Town of Los Gatos originally approved by Town Council
Resolution 1974-168.
BACKGROUND:
The approved Phase 1 North Forty application includes construction of roadway improvements
on Lark Avenue within the Caltrans right of way. The Town currently has a maintenance
agreement that delineates maintenance responsibilities between the Town and Caltrans for this
section of roadway under the Agreement for Maintenance of State Highways in the Town of Los
Gatos.
The Town Council previously approved this agreement under resolution 1974-168 at the
December 16, 1974 Town Council meeting.
PAGE 2 OF 3
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT BETWEEN THE TOWN AND THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE MAINTENANCE OF STATE
HIGHWAYS IN THE TOWN OF LOS GATOS ORIGINALLY APPROVED BY TOWN
COUNCIL RESOLUTION 1974-168
DATE: APRIL 5, 2019
S:\COUNCIL REPORTS\2019\04-16-19\Maintenance Agreement Caltrans\Staff Report FINAL.docx 4/10/2019 9:22 AM
DISCUSSION:
Installation of the new improvements on Lark Avenue by the developer, SummerHill N40 LLC,
within the Caltrans right of way requires approval by Caltrans. As part of the approval process,
Caltrans typically requires revisions to the existing maintenance agreement (Attachment 2).
The modification would add the following note to page 14a stating:
8. Town shall maintain improvements constructed, on State Routes 9 or 17, under an
Encroachment Permit including, but not limited to: landscaped areas or other
ornamental plantings; sidewalks, curbs and gutters; non-STATE standard materials; non-
STATE standard equipment or pavement markings or pavement treatments, in and near
crosswalks; and any items installed in drainage structures (including Connector Pipe
Screens or other Best Management Practices) as mandated by Regional Water Quality
Boards or other controlling jurisdictions.
The proposed amendment (Attachment 1) to the existing maintenance agreement would
delineate which improvements within the Caltrans rights of way on State Routes 9 and 17 are
to be maintained by the Town. The added note would limit these obligations to match the
current extent of Town maintenance. Town approval of the proposed amendment to the
existing Agreement is a prerequisite for Caltrans approval of the improvement plans associated
with construction within their right of way.
The Conditions of Approval for the North Forty project stipulate that the homeowner’s
association (HOA) for the Phase 1 development will maintain the landscaping along the
property frontage that is in the Town’s and Caltrans’ right of way along Lark Avenue. The
developer entered into the Landscape Maintenance Agreement with the Town that covers this
maintenance responsibility in the fall of 2018.
CONCLUSION:
Authorize the Town Manager to execute an amendment to the Agreement between the Town
and the California Department of Transportation (Caltrans) for the maintenance of State
highways in the Town of Los Gatos, originally approved by Town Council Resolution 1974-168.
FISCAL IMPACT:
There is no fiscal impact from this project.
PAGE 3 OF 3
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT BETWEEN THE TOWN AND THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE MAINTENANCE OF STATE
HIGHWAYS IN THE TOWN OF LOS GATOS ORIGINALLY APPROVED BY TOWN
COUNCIL RESOLUTION 1974-168
DATE: APRIL 5, 2019
S:\COUNCIL REPORTS\2019\04-16-19\Maintenance Agreement Caltrans\Staff Report FINAL.docx 4/10/2019 9:22 AM
ENVIRONMENTAL ASSESSMENT:
This is a project as defined under CEQA and it is Categorically Exempt (Section 15303: New
Construction or Conversion of Small Structures). A Notice of Exemption will not be filed.
Attachments:
1. First Amendment to the Agreement for Maintenance of State Highways in the Town of Los
Gatos
2. Agreement for Maintenance of State Highways in the Town of Los Gatos
Distribution:
SummerHill N40 L.L.C., 3000 Executive Parkway, Suite 450, San Ramon, CA 94583
Harmonie Park Development Company, 221 Bachman Avenue, Los Gatos, CA 95030
Gray Bowen Scott, 1211 Newell Avenue, Suite 200, Walnut Creek, CA 94596