Staff ReportMEETING DATE: 06/16/15
ITEM NO:
COUNCIL AGENDA REPORT
DATE: JUNE 4, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: LES WHITE, INTERIM TOWN MANA
P�
SUBJECT: 15400 LOS GATOS BOULEVARD
A. ADOPT A RESOLUTION ACCEPTING THE COMPLETED WORK OF
W.L. BUTLER CONSTRUCTION, INC.
B. AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION FOR
RECORDING BY THE CLERK ADMINISTRATOR.
RECOMMENDATION:
1. Adopt a resolution (Attachment 1) accepting the completed work of W.L. Butler
Construction, Inc.
2. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of
Completion for recording by the Town Clerk Administrator.
BACKGROUND:
The project is located on a 2.03 -acre site located on the southeast corner of the intersection of
Los Gatos Boulevard and Gateway Drive,
On June 1, 2009, the Town Council certified a Mitigated Negative Declaration, adopted the
Mitigation Monitoring and Reporting Program and introduced a Planned Development
Application PD -11 -004 for this site.
The original project was approved by Council on June 15, 2009 as Planned Development (PD)
Ordinance 2175, which authorized the removal of the existing auto dealership, construction of a
40,000 square foot, two story building with at grade and below grade parking. In addition, a
minimum of 8,500 of the 40,000 square feet was required to be retail or restaurant space in the
single story portion fronting Los Gatos Boulevard.
On November 7, 2011, the Council considered and approved an introduction of an ordinance
with modifications rescinding Ordinance 2175. The requested modification removed the
requirements for a minimum of 8,500 square feet of retail or restaurant space.
PREPARED BY: MATT MORLEY
Director of Parks a d Aubl?iK orks
Re viewed by: Assistant Town Manager _",_Town Attorney inance w
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 15400 LOS GATOS BOULEVARD
JUNE 4, 2015
BACKGROUND (cont'd):
On November 21, 2011, the Council adopted Ordinance 2206, rescinding Ordinance 2175 and
amending the Zoning Ordinance effectuating a zone change from CH:PD to CH:PD.
DISCUSSION:
As a part of this project, the developer was required to complete the following public
improvements:
1. Los Gatos Boulevard/Gateway Drive Improvements: Replace existing non -LED signals to
LED signals. Replace existing 8 -inch signal heads with 12 -inch signal heads. Replace
existing pedestrian signal heads with LED pedestrian countdown heads. Replace non -ADA
pedestrian push buttons with ADA compliant push buttons. Install video detection. Replace
existing safety lighting fixture with LED lighting. Construct ADA ramp at project corner of
the intersection.
2. Extend southbound left -turn pocket on Los Gatos Boulevard at the Village Square Shopping
Center with video detection for the extended left -turn pocket.
3. Install a pedestrian crosswalk on the west side of Gateway /Carton intersection.
4. Pay the required Traffic Mitigation Fees and Fair Share Mitigation Fees.
The developer, W.L. Butler Construction, Inc., has provided all necessary maps and drawings, in
addition to contracts, bonds /security, and liability insurance. The developer has completed the
required work to the satisfaction of the Town and the project is ready for acceptance by the
Town.
The developer posted security in the form of bonds to ensure that the public improvements
would be constructed to Town standards. The Town releases 95 percent of the security upon
recordation of the Certificate of Acceptance and Notice of Completion, and retains 5 percent for
two years.
CONCLUSION:
Staff recommends that the Town Council adopt a resolution accepting the completed work of
W.L. Butler Construction, Inc. and authorize the Town Manager to execute a Certificate of
Acceptance and Notice of Completion for recording by the Clerk Administrator.
ENVIRONMENTAL ASSESSMENT:
The development project's environmental clearance was a Mitigated Negative Declaration ND-
08-06 and certified by the Town Council on June 15, 2009. No further environmental analysis is
required.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 15400 LOS GATOS BOULEVARD
JUNE 4, 2015
FISCAL IMPACT:
There is no direct known fiscal impact associated with accepting these previously required public
improvements. Once accepted, these improvements become part of the "Town's infrastructure
which must be maintained.
Attachment:
1. Resolution accepting the work of W.L. Butler Construction, Inc. at 15400 Los Gatos
Boulevard.
Distribution:
W.L. Butler Construction, Inc., Attn: Rick Dion, 204 Franklin St, Redwood City, CA 94063.
Sand Hill Construction, Attn: Nandy Kumar, 12930 Saratoga Ave Suite B -5, Saratoga, CA 95070.
RESOLUTION 2015-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
ACCEPTING THE COMPLETED WORK OF W.L. BUTLER CONSTRUCTION, INC.,
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF
ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE
CLERK ADMINISTRATOR
WHEREAS, on June 1, 2009, the Town Council certified a Mitigated Negative
Declaration, adopted the Mitigation Monitoring and Reporting Program and introduced a
Planned Development Application PD -1 -004 for property located at on a 2.03 -acre site on the
southeast corner of the intersection of Los Gatos Boulevard and Gateway Drive; and
WHEREAS, on June 15, 2009, the Town Council adopted Planned Development (PD)
Ordinance 2175 authorized the removal of the existing auto dealership; construction of a 40,000
square foot, two story building, with at grade and below grade parking. In addition, a minimum
of 8,500 square feet of retail or restaurant space in the single story portion fronting Los Gatos
Boulevard is required as part of the development; and
WHEREAS, on November 7, 2011, the Council considered and voted to introduce an
ordinance with modifications rescinding Ordinance 2175. The requested modification was to
remove the requirements for a minimum of 8,500 square feet of retail or restaurant space; and
WHEREAS, on November 21, 2011, the Council adopted Ordinance 2206 rescinding
Ordinance 2175 and amending the Zoning Ordinance effectuating a zone change from CH:PD to
CH:PD; and
WHEREAS, W.L Butler Construction, Inc. has satisfactorily completed the public
improvements consisting of:
1. Los Gatos Boulevard /Gateway Drive hnprovements: Replace existing non -LED signals
to LED signals. Replace existing 8 -inch signal heads with 12 -inch signal heads. Replace
existing pedestrian signal heads with LED pedestrian countdown heads. Replace non -
ADA pedestrian push buttons with ADA compliant push buttons. Install video detection.
Replace existing safety lighting fixture with LED lighting. Construct ADA ramp at
project corner of the intersection.
ATTACHMENT 1
2. Extend southbound left -turn pocket on Los Gatos Boulevard at the Village Square
Shopping Center with video detection for the extended left -turn pocket.
3. Install a pedestrian crosswalk west side of Gateway /Carton intersection.
4. Pay the required Traffic Mitigation Fees and Fair Share Mitigation Fees; and
WHEREAS, the development is now ready for approval and acceptance by the Town of
Los Gatos and release of 95 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 hereto as
Exhibit A;
BE IT FURTHER RESOLVED, the Clerk 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 16t" of June, 2016 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
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
15400 LOS GATOS BOULEVARD
TO WHOM IT MAY CONCERN:
I do hereby certify that W.L. Butler Construction, Inc, completed the public improvement
requirements identified in Ordinance 2206 dated November 21, 2011 and Encroachment Permit
EN -13 -060 dated April 12, 2013.
The work was completed in May 2015 as required for 15400 Los Gatos Blvd. and was
completed, approved and accepted on May, 2015.
The Surety on the bond accompanying the contract /agreement is: Liberty Mutual Insurance
Company located at 175 Berkeley Street, Boston, MA 02116.
Bond No.: 070017171
Bond Issued date: November 18, 2013
TOWN OF LOS GATOS
Acknowledgement Required
Les White, Interim Town Manager
EXHIBIT A