13 Staff Report - Terreno de Flores 14880 Los Gatos Boulevard~pW H 0
tas ca~a5 COUNCIL AGENDA REPORT
DATE: DECEMBER 02, 2008
MEETING DATE: 12/15/08
ITEM NO: f,3
TO: MAYOR AND TOWN COUNCIL
/
FROM: GREG CARSON, TOWN MANAGER
SUBJECT: TRACT NO. 9428 - TERRENO de FLORES 14880 LOS GATOS
BOULEVARD)
ADOPT RESOLUTION ACCEPTING WORK OF CUPERTINO
DEVELOPMENT CORPORATION, AND AUTHORIZING THE TOWN
MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE
OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR
RECOMMENDATION:
Adopt a resolution accepting work of Cupertino Development Corporation, and authorizing the
Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording
by the Town Cleric Administrator.
BACKGROUND:
The developer, Cupertino Development Corporation, requested approval to (a) construct an
office building, 7 apartments, and 12 detached residential units and (b) demolish 8 residential
units. On July 16 2001, the Town Council approved the Planned Development Ordinance
(Ordinance 2089). The Tentative Map (M-01-14) was approved by the Planning Commission on
January 30 2002. The Final Map for Tract 9428 was approved by the Town Council on
September 16 2002, Resolution 2002-148, and was recorded December 3 2002. Subsequently,
the developer requested approval of an amendment to the approved Planned Development to
allow the office condominium and seven apartments to be owner-occupied. Town Council
approved the Planned Development amendment PD-06-01 on February 21 2006, (Ordinance
2148). The Tentative Map (M-06-06) was approved by the Development Review Committee on
May 30 2006. The Final Map for Tract 9834 was approved by the Town Council on August 7
2006, Resolution 2006-082.
PREPARED BY: TODD CAPURSO
Director of Parks and Public Works
_ _ .
Reviewed by: PS_3 Assistant Town Manager Town Attorney Cleric Administrator
Finance Community evelopment
NAENGINEERINGICOUNCIL REPORM2008 ReportslAccept Tr 9428.doc v. .am~. m .
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: TRACT NO. 9428 - TERRENO de FLORES (14880 LOS GATOS BOULEVARD)
DECEMBER 2, 2008
DISCUSSION:
The Tract 9428 Terreno de Flores development required widening of Los Gatos Boulevard
including construction of curb, gutter, sidewalk, paving, catch basins, pipes, culverts, sanitary
sewer, street lighting, street trees, signage, water system and fire hydrants. The work was
completed to Town standards in January of 2006. Engineering acknowledged that the work was
acceptable but did not sip off because the office building component of the project had not yet
been constructed. Engineering believed there was a possibility that the public improvements
would be damaged during the course of construction of the office building. The improvements
were not damaged during construction and remain in near new condition.
The Developer posted security, in the form of bonds, 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. Because the improvements were completed over two years ago, the full
bond amount can be released without an additional two year withholding period.
CONCLUSION:
This project is now ready for full approval and acceptance by the Town.
ENVIRONMENTAL ASSESSMENT:
This activity is a project as defined under the California Environmental Quality Act (CEQA), but
is ministerial; therefore no further 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.
At this time, the Town receives approximately 9.6% of every dollar of local property tax paid to
the County Assessor's Office.
Attachments:
Resolution accepting work of TRACT NO. 9428 - TERRENO de FLORES (with Exhibit A -
Certificate of Acceptance and Notice of Completion)
Distribution:
Cupertino Development Corporation, Attn: Keith Kolker, 1307 South Mary Avenue, Ste 120,
Sunnyvale, Ca 94087.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF
CUPERTINO DEVELOPMENT COPORATION
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, on September 16, 2002, Resolution 2002-148, the Town Council approved
the final map for Tract 9428 Terreno de Flores (14880 Los Gatos Boulevard); and
WHEREAS, Cupertino Development Corporation has satisfactorily completed the public
improvements consisting of installation of curb, gutter, sidewalk, paving, catch basins, pipes,
culverts, sanitary server, street lighting, street trees, signage, water system and fire hydrants as
required by the final map; and
WHEREAS, the development is now ready for final approval and acceptance by the
Town of Los Gatos.
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 Cleric Administrator is directed to transmit this
Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for
recording.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the day of , 2008 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF 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
Record without fee pursuant to
Government Code Section 6103
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLEXION
PROTECT: Tract 9428 - Terreno de Flores (14880 Los Gatos Boulevard)
Planned Development
OWNER: Cupertino Development Corporation
21060 Homestead Road, Suite 120
Cupertino, CA 95014
TO WHOM IT MAY CONCERN:
We do hereby certify that Cupertino Development Corporation completed the work consisting of
street, curb, gutter, sidewalk, street light, sanitary sewer, storm drainage and street tree
improvements as required on the approved Plans and Specifications for the project.
The work was completed in August 19, 2008, and is commonly known as Tract 9428 - Terreno
de Flores (14880 Los Gatos Boulevard)
The Surety on the bond accompanying the contract/agreement is: Underwriters Insurance
Company,
Bond Number: 40007269
Bond issued date: July 15, 2002
TOWN OF LOS GATOS
By:
Director of Parks and Public Works
By:
Town Manager
ACKNOWLEDGEMENT REQUIRED
AFFIDAVIT
I, GREG LARSON, 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 true 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 f 2008 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:
Orry Korb
Town Attorney
Date:
Date:
JURAT REQUIRED