Staff Report. Accept Public Improvements for Highlands of Los Gatos
PREPARED BY: Mike Weisz
Senior Civil Engineer
Reviewed by: Town Manager, Parks and Public Works Director, Town Engineer
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/06/2021 ITEM NO: 6
DATE: March 30, 2021
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 Davidon Homes for the Highlands of Los Gatos on 15700 Shady Lane, 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 Davidon Homes for the Highlands of Los Gatos on 15700 Shady
Lane, and authorize the Town Clerk to submit for recordation.
BACKGROUND:
On December 19, 2005, the Town Council approved a request for a zoning change for the 66.2
acres of land at the terminus of Shady Lane from HR-2½ to HR-2½:PD to allow for its subdivision
into 19 single-family residential lots. Subsequently, on January 17, 2006, Council adopted
Ordinance 2147, thereby approving Planned Development application PD-04-3. The adopted
ordinance also allowed for the construction of improvements as outlined in the Planned
Development application.
On June 2, 2008, the Town Council approved the final map for Tract 9969 – Highlands of Los
Gatos, accepting the dedications of easements and public ROW.
DISCUSSION:
The public ROW improvements included pavement, curb, gutter, and utilities. On January 1,
2019, Davidon Homes and the Town entered into a Public Improvement Acceptance Agreement
for the remediation, construction, and completion of the off-site public improvements. Faithful
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 Davidon Homes for the Highlands of Los Gatos on 15700 Shady Lane, and Authorize the Town Clerk to Submit for Recordation DATE: March 30, 2021
DISCUSSION (continued):
performance and labor and materials bonds were collected from Davidon Homes to ensure
completion of the improvements.
Davidon Homes 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 one-year 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 ROW
improvements.
CONCLUSION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion
for the Public ROW improvements completed by Davidon Homes for the Highlands of Los Gatos
on 15700 Shady Lane, and authorize the Town Clerk to submit the documents to the County for
recordation.
FISCAL IMPACT:
The improvements are within the public ROW dedicated to and accepted by the Town through
the subdivision process and the approval of the final map. These improvements become part of
the Town’s infrastructure to be maintained after the expiration of the one-year warranty
period.
ENVIRONMENTAL ASSESSMENT:
An Environmental Impact Report (EIR) for the project was certified by Town Council on
December 19, 2005.
Attachment:
1. Certificate of Acceptance and Notice of Completion