IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube.
HOW TO PARTICIPATE
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please click this URL to join: https://losgatosca-gov.zoom.us/j/87343508612?pwd=g6cSuz5IUXwtcYdTqBNHvV4H39pfg.nzFsRpaTVSmnTXIV Passcode: 099349 You can also type in 873 4350 8612 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join and use passcode: 099349.
When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand.
Telephone: Please dial (877) 3361839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 686100)
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.
NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). All comments received will become part of the record.
(3) Deadlines to submit written comments are:
11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to [email protected] no later than 3:00 p.m. on the day of the Council meeting.
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
MARCH 19, 2024
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Mary Badame, Mayor
Matthew Hudes, Vice Mayor
Rob Moore, Council Member
Rob Rennie, Council Member
Maria Ristow, Council Member
CALL MEETING TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)).
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Red Cross Month
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 1 of this agenda.
If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.)
1. Approve Minutes of the March 5, 2024 Closed Session Town Council Meeting.
2. Approve Minutes of the March 5, 2024 Town Council Meeting.
3. Receive the Monthly Financial and Investment Report for January 2024.
4. Reschedule to April 2, 2024 the Consideration of the Adoption of a Resolution Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location: Town Wide. Applicant: Town of Los Gatos.
5. Accept the Annual Progress Report for General Plan and Housing Element Implementation.
6. Authorize the Town Manager to Negotiate and Execute a Sub-Lease with the United States Postal Service (USPS) for Parking Spaces Located at 15 Montebello Way.
7. Actions Related to Purchasing a Police Vehicle:
a. Authorize the Town Manager to Purchase One 2025 Ford Interceptor Pursuit Vehicle from Folsom Lake Ford in an Amount not to Exceed $56,606; and b. Authorize the Town Manager to Execute a Purchase Order with Lehr to Build Up One Police Vehicle in an Amount not to Exceed $31,810; and
c. Authorize an Expenditure Budget Adjustment in and Amount of $88,416 from the Available Equipment Replacement Fund.
8. Authorize the Town Manager to Execute a Contract Amendment to Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Increase Contract Amount in an Amount Not to Exceed $150,000.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
9. Adopt a Resolution Suspending Resolution Nos. 2024-003, 2024-004, and 2024-005 Regarding the Transportation Impact Fee.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.)
10. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code Regarding Appeals from the Decision by the Planning Director, Appeals from the Decision of the Historic Preservation Committee, Assignment of Duties to the Planning Director, Assignment of Duties to the Planning Commission, Powers and Duties of Planning Commission, Powers and Duties of the Planning Director, and Powers and Duties of the Historic Preservation Committee” and Adopt a Resolution Titled “Resolution of the Town Council of the Town of Los Gatos Amending the Enabling Resolution of the Historic Preservation Committee and Rescinding Resolution 2021-043.” The Proposed Amendments to the Town Code are Not Considered a Project Under Section 15378 of the California Environmental Quality Act.
Town Code Amendment Application A-24-001. Applicant: Town of Los Gatos. Project Planner: Sean Mullin.
11. Introduce an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 1, Article III, ‘Administrative Citations,’ Chapter 11, ‘Garbage, Refuse, and Weeds,’ and Chapter 16, ‘Noise’ of the Town Code.”
12. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning from C-1 (Neighborhood Commercial) to RD (Residential Duplex) for Properties Located at 15025, 15026, 15039, 15040, 15053, 15054, 15066, 15067, 15080, and 15081 Downing Oak Court.” APNs 523-41-024, -033, -025, -032, -026, - 031, -030, -027, -029, and -028. Exempt pursuant to CEQA Guidelines 15061 (b)(3):
Review for Exemption. Zoning Amendment Application Z-24-002. Applicant: Town of Los Gatos. Project Planner: Sean Mullin.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
13. Approve Legislative Priorities with Regard to State, Federal, and Regional Legislation.
14. Receive an Update on Unhoused Initiatives, Authorize Revenue and Expenditure Budget Adjustments in the Amount of $1,417.50 to Recognize a Reimbursement, and Provide Any Direction.
COUNCIL / MANAGER MATTERS
CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834.
Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104]
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/19/2024
DRAFT
Minutes of the Town Council Special Meeting – Closed Session Tuesday, March 5, 2024
The Town Council of the Town of Los Gatos conducted a Special Meeting in-person and utilizing teleconferencing means on Tuesday, March 5, 2024, at 5:00 p.m. to hold a Closed Session to discuss labor negotiations.
MEETING CALLED TO ORDER AT 5:00 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, and Council Member Maria Ristow.
Absent: None
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code §54957.6) To meet with Town Negotiators listed below in closed session pursuant to Government Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators: Lisa Charbonneau, Liebert Cassidy Whitmore Katy Nomura, Assistant Town Manager
Employee Organizations:
American Federation of State, County and Municipal Employees (AFSCME) Town Employees Association (TEA)
Police Officers’ Association (POA)
The Town Council reconvened in open session. The Town Attorney stated there was no reportable action.
ADJOURNMENT
The meeting adjourned at 6:04 p.m.
Attest: Submitted by:
___________________________ ___________________________ Wendy Wood, Town Clerk Laurel Prevetti, Town Manager
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/19/2024
DRAFT
Minutes of the Town Council Meeting
Tuesday, March 5, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, March 5, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Fiona Rose led the Pledge of Allegiance. The audience was invited to participate.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Minutes of the February 20, 2024 Town Council Meeting.
2. Adopt an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Define ‘By Right Approvals’ and Amend the Housing Element Overlay Zone (HEOZ), Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’” to Clarify Regulations Applicable to “By Right” and “Non By Right” Residential Development in the Housing Element Overlay Zone. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-24-001. APPLICANT: Town of Los Gatos. PROJECT PLANNERS:
Jocelyn Shoopman and Erin Walters. ORDINANCE 2353
3. Adopt a Resolution Modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as Recommended by the DEI Commission and Modify the Town Council Commission Appointment Policy 2-11 for Consistency.
4. Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town of Los Gatos Designating the Town Council to Hear Appeals from Decisions of the Building Official.” ORDINANCE 2354
5. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $5,531 to Recognize Receipt and Expenditure of Pacific Library Partnership Grant Funds.
6. Authorize the Town Manager to Execute a Second Amendment with Forbes Mill, LLC for 75 Church Street.
7. Authorize an Additional $10,000 from the County of Santa Clara County Grant for Unhoused Los Gatos Residents to Be Used for the Hotel Program.
ITEM NO. 2.
PAGE 2 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
8. Adopt the Proposed Modification to the Commission Appointment Policy 2-11 as Recommended by the Council Policy Committee. POLICY 2-11 Vice Mayor Hudes pulled item #3.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items 1-8, exclusive of item
3. Seconded by Vice Mayor Hudes.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Ryan Freeburger
- Commented on the need for a Valley Transportation Authority (VTA) light rail station in Los Gatos.
OTHER BUSINESS
9. Discuss and Provide Direction on the Proposed Revisions to the Draft Revised 2023-2031 Housing Element and Next Steps. Location: Town-Wide. General Plan Amendment Application GP-22-003.
Jocelyn Shoopman, Associate Planner, presented the staff report.
Mayor Badame opened public comment.
Jeff Suzuki, Los Gatos Anti-Racism Coalition
- Commented on concerns and spoke in support of affordable housing.
Sylvie Hurat
- Commented on concerns and spoke in support of affordable housing.
Karla Albright
- Commented on concerns and spoke in support of submitting an acceptable Housing Element to the State.
Kristine Kasten
- Commented on the Below Market Price (BMP) Housing program and adding more affordable housing.
ITEM NO. 2.
PAGE 3 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
Emily Ann Ramos, SV@Home
- Commented on concerns with the recent Housing Element revisions.
Miles Tasker
- Commented on concerns and spoke in in support of allowing affordable housing throughout the Town.
Emily Peri
- Commented on concerns and spoke in support of affordable housing throughout the Town.
Gordon Yamate
- Commented on concerns and stated support increased affordable housing throughout the Town.
Alice Miano, Los Gatos Anti Racism Coalition
- Commented on in support of affordable housing and multi-unit dwellings.
Maureen Cappon-Javey
- Commented on concerns and requested Council send the State a compliant Housing Element.
Richard Kananen
- Commented on the proposed language for the exclusion zones.
Chris Wiley
- Commented on the Section 8 housing program.
Autumn Athers
- Commented in support of affordable housing in a variety of neighborhoods and requested the Council send the Housing Element to the State as soon as possible.
Kinsley Lee, Los Gatos Anti Racism Coalition
- Commented in support of permitting affordable housing throughout the Town.
Lynley
- Commented on concerns with Diversity, Equity, and Inclusion (DEI) efforts.
Mayor Badame closed public comment.
Council discussed the item.
ITEM NO. 2.
PAGE 4 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
MOTION: Motion by Council Member Moore to amend the existing language in Program J to strike the language that reads “The modification of the Zoning Code to facilitate small multi-unit housing will occur in a variety of areas throughout the Town, but in no event in any of the following areas or locations, Very High Fire Hazard Severity Zones, historic districts, adjacent to homes in our historic inventory (currently pre1941 homes), hillside residential zones, within 500 feet of an evacuation route, or farther than one half mile of a transit stop” and replace that language with “The modification of the Zoning Code to facilitate the development of small multi-unit housing will occur in a variety of neighborhoods throughout the Town except for in the Very High Fire Hazard Severity Zones and hillside residential zones.” AMENDMENT: to add back in historic districts and include the language in the Desk Item from March 5 which includes the language “including 30 of these units as being affordable.” Seconded by Council Member Ristow.
SUBSTITUTE MOTION: Motion by Vice Mayor Hudes to adopt the proposed revisions in the Desk Item regarding Program J and to complete our work on the Housing Element by initiating the seven-day review period on March 7 and then resubmitting to HCD on March 18th. Seconded by Mayor Badame.
The maker of the motion clarified that the motion included staff’s recommended language for the quantified objective for Program J in the March 5 Desk Item.
SUBSTITUTE VOTE: Motion fails 2-3. Council Members Ristow, Rennie, and Moore opposed.
Council discussed the Housing Element item further.
MOTION VOTE: Motion passed 3-2. Vice Mayor Hudes and Mayor Badame opposed.
Mayor Badame called a recess at 8:55 p.m.
The Council reconvened at 9:04 p.m.
Council continued discussion on the Housing Element item .
MOTION: Motion by Council Member Rennie to start the seven-day review period and submit with the changes made. Seconded by Council Member Ristow.
VOTE: Motion passed 3-2. Vice Mayor Hudes and Mayor Badame voted no.
Mayor Badame stated Item #13 will be heard next.
ITEM NO. 2.
PAGE 5 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
PUBLIC HEARINGS
13. Consider the Adoption of a Resolution Denying an Appeal of a Planning Commission Decision that Approved the Demolition of an Existing Single-Family Residence and Construction of a New Single-Family Residence with Reduced Setbacks on a NonConforming Property Zoned R-1D. Located at 212 Thurston Street. APN 410-15-039. This Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guidelines, Section 15303(a): New Construction or Conversion of Small Structures.
PROPERTY OWNER/APPLICANT: Meleah Guillardo. PROJECT PLANNER: Maria Chavarin.
RESOLUTION 2024-011
Maria Chavarin, Associate Planner, presented the staff report.
Mayor Badame opened public comment.
Eric, Appellant
- Provided opening comments and spoke in opposition of the project.
Meleah Guillardo, Applicant and Chris Spaulding, Architect - Provided opening comments and spoke in support of the project.
Marta Iglesias-Xamani
- Commented on concerns with the project.
Bill Hopps
- Commented in opposition of the project and stated various concerns.
Carolyn
- Commented on concerns with the project.
Meleah Guillardo, Applicant
- Provided closing comments.
Eric, Appellant
- Provided closing comments.
Mayor Badame closed public comment.
Council Member Rennie, Council Member Ristow and Vice Mayor Hudes disclosed they viewed the property.
Council discussed the item.
ITEM NO. 2.
PAGE 6 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
MOTION: Motion by Council Member Rennie to adopt the resolution in Attachment 7 which denies an appeal of a Planning Commission decision to approve the demolition of an existing single-family residence and construction of a new single-family residence with reduced setbacks on a nonconforming property zoned R-1D. Located at 212 Thurston Street. Seconded by Council Member Ristow.
VOTE: Motion passed 4-1. Mayor Badame voted no.
OTHER BUSINESS
10. Review Input on the Interim Community Center and Authorize the Town Manager to Issue a Request for Proposals for Potential Service Providers.
Katy Nomura, Assistant Town Manager, presented the staff report.
Mayor Badame opened public comment.
Elenor Yick, Community Health and Senior Services Commission (CHSSC) Chair - Commented on the Community Health and Senior Services Commission recommendation.
Tom Picraux, CHSSC Commissioner
- Commented on the CHSSC recommendation and stated concerns with the proposed process.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to use the funds to create a space for hybrid zoom meeting with modern equipment, a space with shared desks to be used by local service providers, and consultant and designer work expenses should be kept to a minimum and all additional funds should be conserved for developing a future community center; in parallel, authorize the Town Manager to issue a Request for Interest (RFI) for service providers with the basis that is provided by the CHSSC with the addition of staff as well as volunteers to the CHSSC recommendation.
AMENDMENT: funds be applied to create a space for hybrid zoom meeting with modern equipment, and a space with shared desks to be used by local service providers, but that design for that space would not be completed until the Town has the requirements from service providers through the RFI process, and consultant and designer work expenses should be kept to a minimum. All remaining funds after creating these spaces should be conserved for community center development.
Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
ITEM NO. 2.
PAGE 7 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
Vice Mayor Hudes clarified the intention was to direct towards staff’s recommendation for the RFI process.
11. Parking Program (CIP No. 813-0242):
a. Authorize an Expenditure Budget Decrease Adjustment of Previously Allocated Funds in Program 5101 (PPW Administration) from $200,000 to $168,955; b. Authorize a Budget Transfer of $168,955 from the Previously Allocated Funds from Program 5101 (PPW Administration) to the Parking Program Implementation Project (CIP No. 411-813-0242); and
c. Authorize the Town Manager to Execute an Agreement with Dixon Resources Unlimited for Parking Program Management in the Amount of $168,955.
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to authorize an expenditure budget decrease adjustment of previously allocated funds in program 5101 (PPW Administration) from $200,000 to $168,955; authorize a budget transfer of $168,955 from the previously allocated funds from program 5101 (PPW Administration) to the Parking Program Implementation Project (CIP No. 411-813-0242); and authorize the Town Manager to execute an agreement with Dixon Resources Unlimited for parking program management in the amount of $168,955 (Attachment 1). Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
12. Provide Direction Regarding the Development of a Labor Negotiations Policy Similar to the City of Menlo Park as Recommended by the Finance Commission.
Laurel Prevetti, Town Manager, presented the staff report and introduced Lisa Charbonneau, the Town’s labor counsel.
Mayor Badame opened public comment.
No one spoke.
ITEM NO. 2.
PAGE 8 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Hudes to direct staff to prepare a similar policy and return to the Town Council, and that the Council should provide specific direction to staff with respect to the parameters that it would like to see in a Los Gatos policy and ensure the ideas are consistent with current law. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
Council Member Ristow stated she will be recused from Item #14 due to her residence being within 1,000 feet of the subject property and left the Council Chambers.
14. Authorize the Town Manager to Send a Letter to Tait Firehouse, LLC to Terminate the Lease for 4 Tait Avenue.
Laurel Prevetti, Town Manager, presented the staff report.
Mayor Badame opened public comment.
Wayne Heimsoth, Los Gatos Veteran’s Memorial Support Foundation Board Member - Commented in support of terminating the lease and requested use of the building for the Veterans Memorial and Support Foundation.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to authorize the Town Manager to send a letter to Tait Firehouse, LLC to terminate the lease for 4 Tait Avenue. Seconded by Vice Mayor Hudes.
VOTE: Motion passed 4-0-1. Council Member Ristow recused.
Council Member Ristow returned to the Council Chambers.
Pulled Consent Item
3. Adopt a Resolution Modifying the Diversity, Equity, and Inclusion (DEI) Commission Enabling Resolution as Recommended by the DEI Commission and Modify the Town Council Commission Appointment Policy 2-11 for Consistency.
Laurel Prevetti, Town Manager, presented the staff report.
ITEM NO. 2.
PAGE 9 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Rennie to not accept the change at this time and if there is trouble filling the seat to bring this item back to Council. Seconded by Mayor Badame.
VOTE: Motion passed 4-1. Council Member Moore voted no.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Ristow stated she attended a grocery distribution by Live Oak Senior Nutrition and Service Center; participated in a Council Policy Committee meeting; attended meetings with the Chamber of Commerce; attended a Rinconada Water Treatment Plant Reliability Improvement Project public outreach meeting and plant tour, the Joint Venture Silicon Valley State of the Valley address, and the Los Gatos-Monte Sereno Police Foundation Ball.
- Council Moore stated he met with Rod Diridon with several Council Members from other jurisdictions; toured the Jewish Family Service’s new facilities; met with a leader from CERT, New Museum Los Gatos NUMU, and the President-Elect of the Chamber of Commerce; spoke to a San Jose State University class about careers in government; met with Democracy Tent; announced he will hold a Council Member community coffee, and his new professional job with Assemblymember Gail Pelerin as a Senior District Representative.
MOTION: Motion by Mayor Badame to continue the meeting until 12:10 a.m. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
- Council Member Rennie stated he met with Tom Picraux; and tried to virtually attend the Joint Venture Silicon Valley State of the Valley address. - Vice Mayor Hudes stated he participated in a tour of the Morgan Hill Community Center, and a CHSSC meeting; met with neighbors of the Pinehurst Community Garden project; toured the Avenidas Senior Center in Palo Alto; tried to virtually attend the Joint Venture Silicon Valley State of the Valley address; participated in an event at Live Oak Senior Nutrition and Service Center for their lunch program; and attended the Los Gatos-Monte Sereno Police Foundation Ball.
ITEM NO. 2.
PAGE 10 OF 10
SUBJECT: Draft Minutes of the Town Council Meeting of March 5, 2024 DATE: March 5, 2024
- Mayor Badame stated she participated in monthly West Valley Mayors’ and Managers’ Meeting, and attended the Los Gatos-Monte Sereno Police Foundation Ball.
Town Manager Matters
-None.
CLOSED SESSION REPORT
Gabreille Whelan, Town Attorney, stated the Town Council met in closed session to discuss labor negotiations pursuant to Government Code section 54957.6 and there is no reportable action.
ADJOURNMENT
The meeting adjourned at 11:58 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk
ITEM NO. 2.
PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/19/2024
DATE: March 12, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for January 2024 RECOMMENDATION:
Receive the Monthly Financial and Investment Report for January 2024.
BACKGROUND:
California Government Code Section 41004 requires that the Town Treasurer submit to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Finance Director assumes the Town Treasurer role.
Attachment 1 contains the January 2024 Monthly Financial and Investment Report which fulfills this requirement. The January 2024 Monthly Financial and Investment Report was received by the Finance Commission on March 11, 2024.
DISCUSSION:
The January 2024 Monthly Financial and Investment Report includes a Fund Balance Schedule, representing estimated funding available for all funds at the end of the respective month. The fund balances were estimated at a point in time and will be finalized at the final close of the fiscal year.
Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the fund balance.
ITEM NO. 3.
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for January 2024 DATE: March 12, 2024
DISCUSSION (continued):
As illustrated in the summary below, Total Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available.
As of January 31, 2024, the Town’s financial position (Assets $86.18M, Liabilities $27.60M, and Fund Equity $58.58M) remains strong and there are no issues meeting financial obligations in the near future.
As of January 31, 2024, the Town’s weighted portfolio yield for investments under management was 4.23% which was 22 basis points above the Local Agency Investment Fund (LAIF) yield of
4.01% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 212 days versus the Town’s longer WAM of 628 days. The longer maturity (WAM) for Town assets under management reflects the Town’s strategy to take advantage of higher yields associated with longer maturities balanced with shorter term yields available on investments held with the State’s LAIF. The Town’s weighted average rate of return on investments under management of 4.23% remained consistent with the prior month.
Since January 2023, LAIF yields had climbed from 243 basis points (2.43%) to 401 basis points (4.01%) through the end of January 2024.
Staff, in coordination with the Town’s investment advisor, primarily replaced maturing investments with long term maturities in the three-to-five-year maturity range. These investments capture current yields that exceed the rates expected to be earned in the LAIF pool during that same time period. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.
On March 22, 2023, the Federal Reserve voted to approve a ¼ percentage basis point increase from 4.75% to 5.00%. This action was followed with additional hikes in May 2023 from 5.00% to 5.25% and July from 5.25 % to 5.5 %. Through these actions over time, the Federal Open Market Committee’s (FOMC) goal is to bring year to year inflation to its targeted level of 2%.
The labor market data remained strong. The US economy added 216,000 new jobs in December, stronger than market expectations at 175,000. The unemployment rate held at
3.7%. Wage growth was stronger than expected at 4.1%, up from 4.0%.
ITEM NO. 3.
PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for January 2024 DATE: March 12, 2024
DISCUSSION (continued):
The Town's investments are in compliance with the Town's Investment Policy dated February 21, 2023, and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
Staff identified a footing error on page 5 on several prior monthly investment reports for fiscal year 2024, where the summary of interest earned did not include all cells. The prior months interest is correctly listed on page 4 of Attachment 1. The details of the footing error are illustrated in Attachment 2.
CONCLUSION:
Receive Monthly Financial and Investment Report for January 2024.
Attachments:
1. Financial and Investment Report (January 2024)
2. Correction of Footing Error
ITEM NO. 3.
Weighted Average YTM Portfolio Yield on Investments
under Management 4.23%
Weighted Average Maturity (days) 628
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $72,393,065 $67,640,642 $68,295,974 Cert. of Participation 2002 Lease Payment Fund
Managed Investments $49,508,334
Local Agency Investment Fund $11,391,357
Reconciled Demand Deposit Balances $11,493,374
Portfolio Allocation & Treasurer's Cash Balances $72,393,065 Benchmarks/ References:
Town's Average Yield 4.23% 4.23% 2.45%
LAIF Yield for month 4.01% 3.93% 2.43%
3 mo. Treasury 5.38% 5.36% 4.69%
6 mo. Treasury 5.20% 5.27% 4.86%
2 yr. Treasury 4.21% 4.25% 4.21%
5 yr. Treasury (most recent) 3.84% 3.85% 3.62%
10 Yr. Treasury 3.91% 3.88% 3.51%
Town of Los Gatos
Summary Investment Information
January 31, 2024
0 - 1 year
44%
1 - 2 years
19%
2 - 3 years
9%
3 - 5 years
28%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated February 21, 2023 and also in compliance with the requirements of Section 53600 at seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
1 ATTACHMENT 1 Page 19
ITEM NO. 3.
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 67,640,642.20 $ 78,384,947.79 Receipts 8,451,869.96 41,000,100.65
Disbursements (3,699,447.44) (46,991,983.72)
Cash & InvestmCash & Investment Balances - End of Month/Period $72,393,064.72 $72,393,064.72 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $65,991.81 0.11% 20% of Town Portfolio
US Treasury Notes $18,650,546.39 30.63% No Max. on US Treasuries Government Agency Debenture Notes $16,786,911.90 27.56% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $14,004,884.01 23.00% 30% of Town Portfolio Local Agency Investment Fund $11,391,356.50 18.71% $75 M per State Law Subtotal - InSubtotal - Investments 60,899,690.61 100.00% Reconciled Demand Deposit Balances 11,493,374.11
Total Portfolio Allocation & Treasurer's Cash Balances $72,393,064.72
0.0401
0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
January 31, 2024
BNY MM
0.11%
US Treasury Notes
30.63%
Government Agency Debenture
Notes
27.56%
Corporate Medium Term Bonds
23.0%
Local Agency Investment Fund
18.7%
Portfolio Investment Allocation
$68.3 M
$72.4 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Treasurer's Fund Balances
2
ITEM NO. 3.
January 2024 January 2024 January 2024
Beginning Deposits Interest/ Ending
Balance Realized Gain/Adj. Earnings Withdrawals Balance Non-Treasury Funds:
Cert. of Participation 2002 Series A Reserve Fund $ 712,521.88 $ 2,932.46 $ 715,454.34 Note 1 Cert. Of Participation 2010 Ser A Lease Pymt Fund 794.04 113,364.99 3.47 114,162.50 Note 1 Cert. of Participation 2002 Lease Payment Fund 438.64 110,061.36 1.86 110,501.86 Note 1 Cert. of Participation 2010 Series Reserve Fund 1,353,228.32 6,027.51 1,359,255.83 Note 2 Total Restricted Funds: $ 2,066,982.88 $ 223,426.35 $ 8,965.30 $ - $ 2,299,374.53 CEPPT IRS Section 115 Trust 1,462,577.40 (5,945.44) $ 1,456,631.96 Note 3 Grand Total COP's and CEPPT Trust $ 3,529,560.28 $ 223,426.35 $ 3,019.86 $ - $ 3,756,006.49 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.
Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.
Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.
Note 3: The CEPPT Section IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other post employment benefits.
Town of Los Gatos
Non-Treasury Restricted Fund Balances
January 31, 2024
3
ITEM NO. 3.
July 2023 $ 133,845.42
August 2023 $ 131,615.82
September 2023 $ 158,361.71
October 2023 $ 149,112.14
November 2023 $ 163,137.22
December 2023 $ 177,498.26
January 2024 $ 183,950.61
February 2024 -
March 2024 -
April 2024 -
May 2024 -
June 2024 -
$ 1,097,521.18
Town of Los Gatos
Statement of Interest Earned
January 31, 2024
4
ITEM NO. 3.
Orginal Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity FFCB 3133EKMX1 Gov. Agency Debenture 2.23% 8/2/2019 1,000,000.00 1,014,400.00 14,400.00 998,140.00 (16,260.00) 2/23/2024 1.90% $ 96,075.83 $ 74,902.07 $ 11,277.27 23 FFCB 3133EMBE1 Gov. Agency Debenture 0.30% 10/8/2020 1,600,000.00 1,598,000.00 (2,000.00) 1,586,480.00 (11,520.00) 3/28/2024 0.34% $ 14,253.34 $ 14,655.57 $ 3,166.78 57 Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,241,799.00 13,208.00 6/21/2027 4.19% $ 27,437.22 $ 28,170.97 $ 31,545.62 1237 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 970,620.00 (21,340.00) 1/1/2026 3.04% $ 34,750.00 $ 29,252.66 $ 19,058.55 701 US Treasury 912828ZW3 US Treasury Note 0.25% 8/9/2022 350,000.00 322,096.88 (27,903.12) 330,067.50 7,970.62 6/30/2025 3.16% $ 1,217.39 $ 9,366.72 $ 6,196.44 516 IBM 459200JY8 Corporate Bond 3.00% 3/25/2021 1,000,000.00 1,071,040.00 71,040.00 993,040.00 (78,000.00) 5/15/2024 0.71% $ 79,166.67 $ 16,751.96 $ 4,355.10 105 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 236,375.24 (2,798.96) 1/11/2027 3.76% $ 9,572.75 $ 4,016.30 $ 5,265.28 1076 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 744,312.00 31,746.82 3/31/2026 4.14% $ 6,000.00 $ 23,165.06 $ 18,243.55 790 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 897,822.00 (3,117.60) 9/30/2025 4.14% $ 38,250.00 $ 28,374.86 $ 22,346.50 608 American Honda 02665WCZ2 Corporate Bond 2.40% 11/27/2019 1,000,000.00 1,012,410.01 12,410.01 987,700.00 (24,710.01) 6/27/2024 2.12% $ 96,733.34 $ 76,483.79 $ 12,543.11 148 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 483,515.00 8,855.00 3/15/2026 4.70% $ 19,644.44 $ 17,865.15 $ 13,717.88 774 Honeywell Int'l. 438516BW5 Corporate Bond 2.30% 11/20/2019 1,000,000.00 1,014,660.00 14,660.00 984,860.00 (29,800.00) 7/15/2024 1.64% $ 85,483.33 $ 71,679.55 $ 11,692.80 166 Caterpillar Financial Serv 14913Q2V0 Corporate Bond 2.85% 2/23/2021 1,000,000.00 1,077,370.00 77,370.00 992,920.00 (84,450.00) 5/17/2024 0.44% $ 77,900.00 $ 10,677.18 $ 2,678.64 107 FNMA 3135G0V75 Gov. Agency Debenture 1.75% 10/17/2019 1,100,000.00 1,105,833.30 5,833.30 1,084,314.00 (21,519.30) 7/2/2024 1.63% $ 81,331.25 $ 66,718.86 $ 10,609.88 153 US Bancorp 91159HHV5 Corporate Bond 3.38% 12/24/2019 1,000,000.00 1,049,040.00 49,040.00 999,810.00 (49,230.00) 2/5/2024 2.12% $ 121,968.75 $ 76,859.43 $ 12,869.76 5 FFCB 3133EKQA7 Gov. Agency Debenture 2.08% 10/21/2019 1,000,000.00 1,019,780.00 19,780.00 982,820.00 (36,960.00) 9/10/2024 1.66% $ 80,831.11 $ 61,888.40 $ 9,870.92 223 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 1,127,760.00 24,807.60 8/25/2025 3.04% $ 5,437.50 $ 36,626.55 $ 20,453.79 572 US Treasury 912828ZL7 US Treasury Note 0.38% 4/12/2022 1,700,000.00 1,583,927.57 (116,072.43) 1,614,677.00 30,749.43 4/30/2025 2.72% $ 9,879.49 $ 54,017.06 $ 26,156.91 455 JP Morgan Chase 46625HJT8 Corporate Bond 3.88% 9/23/2019 1,400,000.00 1,485,414.00 85,414.00 1,400,000.00 (85,414.00) 2/1/2024 2.39% $ 209,163.89 $ 130,689.90 $ 20,420.30 1 FHLB 3130ALH98 Gov. Agency Debenture 0.25% 2/26/2021 1,000,000.00 997,610.00 (2,390.00) 996,470.00 (1,140.00) 2/26/2024 0.33% $ 6,250.00 $ 7,713.30 $ 1,941.87 26 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,202,487.00 41,927.60 12/21/2026 4.15% $ 17,197.92 $ 29,385.32 $ 29,801.15 1055 US Treasury 912828X70 US Treasury Note 2.00% 12/30/2019 1,000,000.00 1,010,589.29 10,589.29 991,760.00 (18,829.29) 4/30/2024 1.75% $ 76,703.30 $ 61,478.37 $ 10,342.61 90 US Treasury 912828XT2 US Treasury Note 2.00% 10/31/2019 1,000,000.00 1,015,667.41 15,667.41 989,340.00 (26,327.41) 5/31/2024 1.64% $ 81,639.34 $ 60,792.37 $ 9,768.58 121 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 935,370.00 28,360.00 10/28/2026 4.17% $ 8,354.17 $ 15,544.14 $ 20,377.98 1001 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,699,626.00 (7,106.00) 1/6/2028 3.91% $ 61,955.56 $ 25,921.64 $ 39,247.56 1436 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 702,637.50 13,605.00 9/23/2025 3.97% $ 1,109.37 $ 4,638.18 $ 16,620.16 601 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 605,850.00 (3,006.00) 1/12/2028 4.34% $ 18,878.33 $ 3,603.61 $ 15,495.53 1442 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,434,315.00 17,688.88 3/31/2027 4.09% $ 11,577.87 $ 3,416.23 $ 34,975.73 1155 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 2,089,752.00 9,193.41 12/15/2025 4.40% $ 40,852.46 $ 2,515.25 $ 54,077.81 684 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 510,850.00 6,195.00 2/1/2028 4.37% $ 3,002.79 $ - $ 12,103.12 1462 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 467,580.00 12,423.00 11/7/2025 4.63% $ 784.72 $ - $ 12,018.32 646 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 505,165.00 3,207.50 7/17/2026 4.48% $ 11,562.50 $ - $ 12,190.88 898 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 601,926.00 5,706.00 8/23/2027 4.29% $ 2,681.25 $ - $ 14,135.63 1300 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 942,490.00 21,000.00 12/23/2027 5.23% $ 15,979.17 $ - $ 26,171.47 1422 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,307,514.00 16,853.40 10/31/2027 4.31% $ 13,406.25 $ - $ 28,139.41 1369 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,656,752.00 39,584.00 11/10/2027 5.16% $ 18,166.67 $ - $ 36,210.91 1379 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,279,968.00 41,760.86 8,788.04 8/15/2028 4.76% $ (8,788.04) $ - $ 19,119.97 1658 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 967,940.00 20,370.00 4,116.67 11/24/2025 5.24% $ (4,116.67) $ - $ 15,640.52 663 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,014,860.00 20,522.00 5,541.67 9/1/2026 4.96% $ (5,541.67) $ - $ 14,905.98 944 Freddie Mac 3137EAEP0 Gov. Agency Debenture 1.50% 10/13/2023 1,000,000.00 951,540.00 (48,460.00) 968,500.00 16,960.00 2,541.67 2/12/2025 5.32% $ (2,541.67) $ - $ 15,443.91 378 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 977,310.00 27,270.94 6/30/2027 4.73% $ 6,711.96 $ - $ 13,478.48 1246 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,251,354.00 37,017.61 4/30/2027 4.82% $ - $ - $ 15,182.50 1185 US Treasury 912828YV6 US Treasury Note 1.50% 11/15/2023 700,000.00 673,667.97 (26,332.03) 680,967.00 7,299.03 11/30/2024 5.26% $ 430.33 $ - $ 7,536.76 304 US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 634,581.00 10,680.61 7/31/2025 4.92% $ 353.09 $ - $ 6,661.55 547 US Treasury 91282CGU9 US Treasury Note 3.88% 11/30/2023 1,000,000.00 983,515.62 (16,484.38) 991,760.00 8,244.38 6,458.33 3/31/2025 5.17% $ (6,458.33) $ - $ 8,680.82 425 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 803,745.00 5,097.45 6/30/2028 3.99% $ 305.71 $ - $ 3,777.58 1612 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 850,977.00 5,301.00 4,078.12 9/24/2026 4.22% $ (4,078.12) $ - $ 4,105.16 967 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 960,470.00 115.09 7/31/2027 3.95% $ 2,167.12 $ - $ 3,065.26 1277 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,779,408.00 4,222.28 8,557.37 5/31/2028 3.97% $ (8,557.37) $ - $ 2,720.41 1582 Subtotal $ 50,511,000.00 $ 49,442,342.30 $ (1,068,657.70) $ 49,458,756.24 $ 16,413.94 $ 40,081.87 $ 1,455,084.31 $ 1,047,170.46 $ 766,406.71 BNY MM Money Market 65,991.81 65,991.81 0.00 0.00% 1
LAIF State Investment Pool 11,391,356.50 11,317,804.00 (73,552.50) 4.01% 291,200.03 1 $60,899,690.61 $60,842,552.05 ($57,138.56) $40,081.87 $ 1,455,084.31 $ 1,047,170.46 $ 1,057,606.74 Matured Assets
PNC Financial 69349LAM0 Corporate Bond 3.80% 2/7/2022 1,000,000.00 1,033,470.00 33,470.00 7/25/2023 1.49% $ 55,733.33 $ 20,987.56 $ 1,032.85 US Treasury 91282CCN9 US Treasury Note 0.13% 1/13/2022 1,200,000.00 1,188,375.00 (11,625.00) 7/31/2023 0.75% $ 2,323.37 $ 13,176.45 $ 766.36 Toyota Motor Credit 89236THA6 1 Corporate Bond 1.35% 4/12/2021 500,000.00 510,580.00 10,580.00 8/25/2023 0.45% $ 15,993.75 $ 5,065.91 $ 350.67 Toyota Motor Credit 89236THA6 Corporate Bond 1.35% 1/11/2022 1,100,000.00 1,107,315.00 7,315.00 8/25/2023 0.94% $ 24,090.00 $ 15,144.57 $ 1,585.23 US Treasury 91282CDA6 US Treasury Note 0.25% 1/31/2022 1,100,000.00 1,085,222.44 (14,777.56) 9/30/2023 1.07% $ 4,570.74 $ 16,417.94 $ 2,932.91 American Honda 02665WCQ2 Corporate Bond 3.63% 9/14/2021 950,000.00 1,012,871.00 62,871.00 10/10/2023 0.41% $ 71,362.15 $ 7,316.05 $ 1,141.03 FFCB 3133EMCQ3 Gov. Agency Debenture 0.28% 10/16/2020 2,000,000.00 1,998,000.00 (2,000.00) 10/13/2023 0.31% $ 16,753.33 $ 16,950.71 $ 1,803.27 US Treasury 91282CAP6 US Treasury Note 0.13% 6/30/2021 1,000,000.00 995,390.63 (4,609.37) 10/15/2023 0.33% $ 2,865.44 $ 6,520.12 $ 955.69 US Treasury 91282CDD0 US Treasury Note 0.38% 1/13/2022 1,100,000.00 1,090,675.78 (9,324.22) 10/31/2023 0.85% $ 7,406.77 $ 13,599.56 $ 3,138.36 US Treasury 91282CAW1 US Treasury Note 0.25% 7/15/2021 1,200,000.00 1,199,437.50 (562.50) 11/15/2023 0.27% $ 7,002.72 $ 6,348.21 $ 1,225.25 US Treasury 912828U57 US Treasury Note 2.13% 7/31/2019 1,000,000.00 1,011,875.00 11,875.00 11/30/2023 1.84% $ 92,083.33 $ 72,526.17 $ 7,759.79 FFCB 3133EJ3Q0 Gov. Agency Debenture 2.88% 8/28/2019 1,500,000.00 1,587,503.75 87,503.75 12/21/2023 2.12% $ 164,473.96 $ 87,804.46 $ 10,897.27 US Treasury 912828V23 US Treasury Note 2.25% 11/29/2021 1,000,000.00 1,032,933.04 32,933.04 12/31/2023 0.66% $ 46,956.52 $ 10,649.43 $ 3,390.13 US Treasury 91282CBE0 US Treasury Note 0.13% 9/15/2021 650,000.00 647,615.46 (2,384.54) 1/15/2024 0.28% $ 1,894.37 $ 3,281.18 $ 999.93 US Treasury 91282CBE0 2 US Treasury Note 0.13% 10/7/2021 1,000,000.00 994,768.98 (5,231.02) 1/15/2024 0.36% $ 2,839.67 $ 6,137.79 $ 1,935.69 Total Investments "Matured" $ 39,914.44
Total Interest FY 23_24 Matured and Current $ 1,097,521.18 Maturity Profile Amount Percent
0-1 year $ 26,602,830.29 44%
1-2 years $11,633,150.55 19%
2-3 years $5,835,940.28 10%
3-5 years $ 16,827,769.49 28%
$60,899,690.61
Town of Los Gatos
Investment Schedule
January 31, 2024
5
ITEM NO. 3.
Date Cusip/Id Description Transaction Type
Settlement
Date Par Coupon
Maturity
Date Price Principal Interest
Transaction
Total
1/2/2024 91282CFB2 USA TREASURY 2.75% 31JUL2027 PURCHASE 1/2/2024 1,000,000 275.000% 7/31/2027 96.04 960,354.91 11,582.88 971,937.79 1/2/2024 3135G0V75 FANNIE MAE 1.75% 02JUL2024 BOND INTEREST 1/2/2024 1,100,000 175.000% 7/2/2024 - - 9,625.00 9,625.00 1/2/2024 912828V23 USA TREASURY 2.25% 31DEC2023 REDEMPTION 1,000,000 225.000% 12/31/2023 100.00 1,000,000.00 - 1,000,000.00 1/3/2024 Cash-USD Cash-USD
SHORT TERM INVESTMENT
FUND INCOME 1/3/2024 350 0.000% 100.00 - - 349.60
1/8/2024 3133EN5N6
FEDERAL FARM CREDIT BANK 4%
06JAN2028 BOND INTEREST 1/6/2024 1,700,000 400.000% 1/6/2028 - - 34,000.00 34,000.00 1/11/2024 3133EN5V8
FEDERAL FARM CREDIT BANK
4.125% 11JAN2027 BOND INTEREST 1/11/2024 236,000 412.500% 1/11/2027 - - 4,867.50 4,867.50 1/12/2024 02665WED9
AMERICAN HONDA FINANCE 4.7%
12JAN2028 BOND INTEREST 1/12/2024 600,000 470.000% 1/12/2028 - - 14,100.00 14,100.00 1/16/2024 91282CBE0 USA TREASURY 0.125% 15JAN2024 BOND INTEREST 1/15/2024 1,650,000 12.500% 1/15/2024 - - 1,031.25 1,031.25 1/17/2024 91282CHE4 USA TREASURY 3.625% 31MAY2028 PURCHASE 1/17/2024 1,800,000 362.500% 5/31/2028 98.62 1,775,185.72 8,557.38 1,783,743.10 1/16/2024 91282CBE0 USA TREASURY 0.125% 15JAN2024 REDEMPTION 1/16/2024 1,650,000 12.500% 1/15/2024 100.00 1,650,000.00 - 1,650,000.00 1/17/2024 3133EPQC2
FEDERAL FARM CREDIT BANK
4.625% 17JUL2026 BOND INTEREST 1/17/2024 500,000 462.500% 7/17/2026 - - 11,562.50 11,562.50 1/22/2024 69353RFJ2 PNC BANK NA 3.25% 22JAN2028 BOND INTEREST 1/22/2024 1,000,000 325.000% 1/22/2028 - - 16,250.00 16,250.00 1/31/2024 91282CAB7 USA TREASURY 0.25% 31JUL2025 BOND INTEREST 1/31/2024 675,000 25.000% 7/31/2025 - - 843.75 843.75 1/31/2024 91282CFB2 USA TREASURY 2.75% 31JUL2027 BOND INTEREST 1/31/2024 1,000,000 275.000% 7/31/2027 - - 13,750.00 13,750.00 Town of Los Gatos
Investment Transaction Detail
January 31, 2024
6
ITEM NO. 3.
Security Description Maturity Date Par/Shares S&P Rating Moody Rating Insight ESG Rating Environment Social Governance JPMORGAN CHASE & CO 3.875% 01FEB2024 2/1/2024 $ 1,400,000 A- A1 3 1 3 4 US BANCORP 3.375% 05FEB2024 (CALLABLE 05JAN24) 2/5/2024 $ 1,000,000 A A3 4 3 4 4 IBM CORP 3.0% 15MAY2024 5/15/2024 $ 1,000,000 A- A3 2 1 2 3 CATERPILLAR FIN SERVICES 2.85% 17MAY24 5/17/2024 $ 1,000,000 A A2 4 4 3 4 AMERICAN HONDA FINANCE 2.4% 27JUN2024 6/27/2024 $ 1,000,000 A- A3 3 2 3 3 HONEYWELL INTERNATIONAL 2.3% 15AUG2024 (CALLABLE 15JUL24) 8/15/2024 $ 1,000,000 A A2 4 3 4 3 PEPSICO INC 2.85% 24FEB2026 (CALLABLE 24NOV25) 2/24/2026 $ 1,000,000 A+ A1 2 2 2 2 HOME DEPOT INC. 3% 01APR2026 (CALLABLE 01JAN2026) 4/1/2026 $ 1,000,000 A A2 2 2 3 3 JPMORGAN CHASE & CO 3.2 15JUN2026 (CALLABLE 15MAR26) 6/15/2026 $ 500,000 A- A1 3 1 3 4 APPLE INC. 2.9% 12SEP2027 (CALLABLE 12JUN27) 9/12/2027 $ 1,300,000 AA+ Aaa 5 1 4 5 TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 11/10/2027 $ 1,600,000 A+ A1 3 2 3 5 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 $ 600,000 A- A3 3 2 3 3 PNC BANK NA 3.25% 22JAN2028 (CALLABLE 01 FEB28) 1/22/2028 $ 1,000,000 A A2 3 2 3 3 COLGATE-PALMOLIVE CO 4.6% 01MAR2028 (CALLABLE 01FEB28) 3/1/2028 $ 500,000 AA- Aa3 3 2 3 3 Total/Average $ 13,900,000 3.1 2.0 3.1 3.5
*ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.
Town of Los Gatos
Insight ESG Ratings as of January 31, 2024
7
ITEM NO. 3.
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In Transfer Out
GENERAL FUND
Non-Spendable:
Loans Receivable 159,000 - - - - - 159,000
Restricted Fund Balances:
Pension 1,400,163 - - - - - 1,400,163
Land Held for Resale 44,338 - - - - - 44,338
Committed Fund Balances:
Budget Stabilization 6,129,774 - - - - - 6,129,774
Catastrophic 6,129,775 - - - - - 6,129,775
Pension/OPEB 300,000 - - - - - 300,000
Measure G District Sales Tax 590,581 - - - - - 590,581
Assigned Fund Balances:
Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 10,359,577 - - - - - 10,359,577 Carryover Encumbrances 37,698 - - - - - 37,698
Compensated Absences 1,580,623 - - - - - 1,580,623
ERAF Risk Reserve 689,608 - - - - - 689,608
Council Priorities - Economic Recovery 1,556,614 - - - - - Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) - (4,093,492) 7,747,425 (4,496,078) - - 1,556,614
( 842,145)
General Fund Total 29,528,304 (4,093,492) 7,747,425 (4,496,078) - - 28,686,159 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.
Jan 2024
Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
July - Dec
Estimated Fund
Balance
1/31/2024*
8
ITEM NO. 3.
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure Transfer In Transfer Out
SPECIAL REVENUE
211/212 CDBG 166,653 - - - - - 166,653
222 Urban Runoff (NPDES) 629,843 28,905 29,996 (20,535) - - 668,209 231-236 Landscape & Lighting Districts 176,964 (13,774) 20,660 (4,325) - - 179,525 251 Los Gatos Theatre 74,991 3,084 40,735 (10,236) - - 108,574 711-716 Library Trusts 530,173 75,782 - (3,304) - - 602,651 Special Revenue Total 1,578,624 93,997 91,391 (38,400) - - 1,725,612
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 21,725,837 (1,035,335) 89,622 (152,018) - - 20,628,106 412 Community Center Development - 866,281 - - - - 866,281 421 Grant Funded Projects (406,890) (123,034) 590,377 (368,930) - - (308,477) 461-463 Storm Basin Projects 3,218,331 76,142 3,854 - - - 3,298,327 471 Traffic Mitigation Projects 431,079 - - - - - 431,079 472 Utility Undergrounding Projects 3,438,996 11,736 1,229 - - - 3,451,961 481 Gas Tax Projects 1,671,245 (772,630) 126,978 - - - 1,025,593 Capital Projects Total 30,078,598 (976,840) 812,060 (520,948) - - 29,392,870
INTERNAL SERVICE FUNDS
611 Town General Liability 212,022 3,189 - - - - 215,211 612 Workers Compensation 514,813 (367,596) - (6,685) - - 140,532 621 Information Technology 2,474,618 (166,970) 8,336 (18,112) - - 2,297,872 631 Vehicle & Equipment Replacement 2,413,719 502,162 - - - - 2,915,881 633 Facility Maintenance 927,700 269,739 8,163 (145,766) - - 1,059,836 Internal Service Funds Total 6,542,872 240,524 16,499 (170,563) - - 6,629,332 Trust/Agency
942 RDA Successor Agency (6,187,789) (1,674,622) 233,663 (224,740) - - (7,853,488) Trust/Agency Fund Total (6,187,789) (1,674,622) 233,663 (224,740) - - (7,853,488) Total Town 61,540,609 8,901,038 (5,450,729) - - 58,580,485 * Interfund transfers and ARPA funding allocation to be performed as part of the fiscal year end closing entries.
Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $861,100.54 111-23521 BMP Housing deposit account balance $4,021,280.60 Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
July - Dec
Jan 2024
Estimated Fund
Balance
1/31/2024*
9
ITEM NO. 3.
July-December Interest Earned Correc�on Summary
August Investment Report – Page 5 – Matured Assets Interest Earned Reported
$1,799.21
Corrected
ATTACHMENT 2
1
ITEM NO. 3.
September Investment Report – Page 5 – Matured Assets Interest Earned October Investment Report – Page 5 – Matured Assets Interest Earned Corrected
Reported
$1,799.21
OK
2
ITEM NO. 3.
November Investment Report – Page 5 – Matured Assets Interest Earned December Investment Report – Page 5 – Matured Assets Interest Earned Reported
$13,706.37
Reported
$13,706.37
Corrected
Corrected
3
ITEM NO. 3.
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Department Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/19/2024
DATE: March 14, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Reschedule to April 2, 2024 the Consideration of the Adoption of a Resolution Modifying the Height Pole and Netting Policy for Additions and New Construction. The Proposed Modifications to Town Policy are Not Considered a Project Under the California Environmental Quality Act. Project Location:
Town Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Reschedule to April 2, 2024 the consideration of the adoption of a resolution modifying the Height Pole and Netting Policy for Additions and New Construction.
REMARKS:
The consideration of the final wording of the Height Pole and Netting Policy with changes approved by Town Council on December 5, 2023 was advertised in the paper for discussion by Town Council on March 19, 2024; however, it has been rescheduled to April 2, 2024, due to needed time for other priority items.
ITEM NO. 4.
This Page
Intentionally
Left Blank
ITEM NO. 4.
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Town Manager, Town Attorney, Community Development Director, 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: 03/19/2024
DATE: March 14, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Accept the Annual Progress Report for General Plan and Housing Element Implementation.
RECOMMENDATION:
Accept the Annual Progress Report for General Plan and Housing Element implementation.
REMARKS:
Government Code Section 65400 mandates that cities and counties submit an annual report on the status of their General Plan and any progress in its implementation to their legislative bodies. Annual Progress Reports (APRs) must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda.
After review and acceptance, a copy of the APR is required to be filed with the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD).
There is no standardized form or format for the preparation of the General Plan APR. The attached APR meets the statutory requirements of State law and highlights key aspects of the Town’s General Plan and Housing Element implementation during the calendar year of 2023 (Attachment 1). Given the State requirements, Exhibit A of Attachment 1 contains a significant amount of data. For enhanced readability, Exhibit A is best reviewed electronically to adjust to the individual reader’s needs.
FISCAL IMPACT:
There is no fiscal impact from accepting the APR.
ITEM NO. 5.
PAGE 2 OF 2
SUBJECT: Annual Progress Report for General Plan and Housing Element Implementation DATE: March 14, 2024
CEQA:
The General Plan Annual Report is not a project under the California Environmental Quality Act (CEQA). It is a type of activity that is Categorically Exempt, Class 6 (Information Collection) based on Section 15306 of the CEQA Guidelines.
Attachment:
1. 2023 General Plan Annual Progress Report, with Exhibit A
ITEM NO. 5.
GENERAL PLAN
2023 ANNUAL PROGRESS REPORT
ATTACHMENT 1
ITEM NO. 5.
2 INTRODUCTION
The Town Council adopted the Town of Los Gatos 2020 General Plan on September 20, 2010, after an extensive two-year community process to update and build upon the strong foundational framework established by the Town’s 2000 General Plan.
On May 5, 2015, the Town adopted its 2015-2023 Housing Element which is a required subelement of the General Plan. The State Housing and Community Development Department (HCD) certified the Housing Element on May 20, 2015.
On June 30, 2022, the Town Council adopted the Town of Los Gatos 2040 General Plan after an extensive four-year process.
On August 16, 2022, signatures were submitted to the Town in support of a referendum on the Land Use and Community Design Elements of the adopted 2040 General Plan. The referendum proposes that the Land Use and Community Design Elements of the 2040 General Plan be repealed. Once the referendum signatures were verified by the County Registrar in late September, the 2040 General Plan Land Use and Community Design Elements were suspended in accordance with Elections Code Section 9237.
On October 4, 2022, Town Council adopted a Resolution to confirm suspension of the 2040 General Plan Land Use and Community Design Elements and provide that the 2020 General Plan Land Use and Community Design Elements govern during the suspension period.
On January 30, 2023, the Town adopted its 2023-2031 Housing Element which is a required sub-element of the General Plan. The HCD has not yet certified the Housing Element. The Town continues to work with HCD to respond to their comments.
Government Code Section 65400 mandates that cities and counties submit an annual report on the status of their General Plan and any progress in its implementation to their legislative bodies. Annual Progress Reports (APRs) must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. 2023 SIGNIFICANT PROJECTS
The following significant Planning efforts made progress or were completed in 2023:
Housing Element Update
The Housing Element update process started in 2021 and continued through 2023. The work included numerous meetings of the Housing Element Advisory Board (HEAB) and extensive community outreach. A Draft Housing Element was developed and submitted
ITEM NO. 5.
3 to HCD in October 2022, and adopted by Town Council on January 30, 2023. Work to resolve outstanding comments from HCD is ongoing.
Land Use and Economic Recovery Amendments
On April 26, 2023, Planning Commission reviewed and recommended approval of amendments to Town Code regarding land use and economic recovery. On June 20, 2023, Town Council approved these amendments that went into effect on September 1, 2023.
Zoning Changes to Implement the Housing Element
Zoning changes required for implementation of the 2023-2031 Housing Element, including the creation of a Housing Element Overlay Zone (HEOZ) and application of the overlay to the sites in the site inventory of the 2023-2031 Housing Element, were completed and went into effect on December 21, 2023.
Accessory Dwelling Unit (ADU) Ordinance
As a result of changes in recent years to the State’s laws addressing ADUs and Junior ADUs the Town initiated a process to update local regulations for consistency with current State law. On September 13, 2023, Planning Commission reviewed and recommended approval of a draft ordinance. On November 7, 2023, Town Council approved the updates to Town Code which went into effect on December 21, 2023. Height Pole and Netting Policy Amendment
As part of the implementation of the 2023-2031 Housing Element the Town initiated modifications to the existing Height Pole and Netting Policy (Story Pole Policy). On April 26 and May 24, 2023, the Planning Commission considered and made recommendations for modifications. On August 1 and December 5, 2023, the Town Council considered and made further recommended changes. These changes are expected to be finalized in the first half of 2024.
HOUSING ELEMENT ANNUAL PROGRESS
The Housing Element Annual Progress Report for 2023 is attached as Exhibit A.
PROPERTIES ANNEXED TO THE TOWN IN 2023
The Town Council approved the following annexation to the Town of Los Gatos from Unincorporated Santa Clara County in 2023:
Stephenie Lane No. 4: 15974 Stephenie Lane (approximately 0.53 acres) Approved May 2, 2023
ITEM NO. 5.
This Page
Intentionally
Left Blank
ITEM NO. 5.
Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
streamlining
provision/s the
application was
submitted pursuant
to.
Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.
Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 6 138 5 0 5 580 734 10 0 52747059 213 GREGG D‐24‐?, B23‐0750 ADU R 7/24/2023 1 1 NONE No N/A Pending Ministerial52933035 33 ROGERS/56 KIMBLE AVE D‐23‐006, B23‐0404 ADU R 4/24/2023 1 1 NONE No N/A Pending Ministerial52907028 507 UNIVERSITY AVE D‐23‐007, B23‐0539 ADU R 5/31/2023 1 1 1 NONE No N/A Approved Ministerial53214021 128 LONGMEADOW DR D‐23‐008, B23‐0252 ADU R 3/20/2023 1 1 1 NONE No N/A Approved Ministerial42418037 131 HIGHLAND OAKS DR D‐23‐009, B23‐0351 ADU R 4/11/2023 1 1 1 NONE No N/A Approved Ministerial52730031 135 BELVALE DR D‐23‐010, B23‐0028 ADU R 1/12/2023 1 1 1 NONE No N/A Approved Ministerial52914004 15805/7 IZORAH WAY D‐23‐011, B23‐0778 ADU R 8/1/2023 1 1 1 NONE No N/A Approved Ministerial53213012 16568 KENNEDY RD D‐23‐012, B23‐0528 ADU R 5/24/2023 1 1 NONE No N/A Pending Ministerial56764002 16180 HARWOOD RD D‐23‐015, B23‐0580 ADU R 5/31/2023 1 1 1 NONE No N/A Approved Ministerial52926015 22 PLEASANT ST D‐23‐016, B23‐0550 ADU R 5/24/2023 1 1 1 NONE No N/A Approved Ministerial53219032 16168 KENNEDY RD D‐23‐017, B23‐0266 ADU R 3/23/2023 1 1 NONE No N/A Pending Ministerial52902035 116 EDELEN AVE D‐23‐018, B23‐0469 ADU R 5/4/2023 1 1 NONE No N/A Pending Ministerial53237082 8 HOLLYWOOD AVE D‐23‐019, B23‐0568 ADU R 5/26/2023 1 1 NONE No N/A Pending Ministerial42416010 243 LONGRIDGE RD D‐23‐020, B23‐0716 ADU R 7/11/2023 1 1 1 NONE No N/A Approved Ministerial52710005 15321/23 FRANCIS OAKS WAY D‐23‐021, B23‐0827 ADU R 8/18/2023 1 1 NONE No N/A Pending Ministerial51016020 221 MASSOL AVE D‐23‐023, B23‐0372 ADU R 4/18/2023 1 1 1 NONE No N/A Approved Ministerial53219008 16290/16300 KENNEDY RD D‐23‐024, B23‐1076 ADU R 11/9/2023 1 1 NONE No N/A Pending Ministerial 53209039 53209039 16621/16623 MARCHMONT DR D‐23‐025, B23‐1121 ADU R 5/17/2023 1 1 1 NONE No N/A Approved Ministerial 53225011 15405 BLACKBERRY HILL RD D‐23‐026, B23‐0743 ADU R 7/20/2023 1 1 NONE No N/A Pending Ministerial 52923018 405 Alberto Way S‐23‐027 5+ O 8/28/2023 844 52 NONE Yes N/A Pending Discretionary40914026 14335 La Rinconada Dr, Parcel 2S‐23‐029 SFD O 9/5/2023 1 1 NONE No N/A Pending Discretionary42407009, ‐052, ‐05314859 Los Gatos Blvd S‐23‐031 5+ O 9/22/2023 90 360 450 NONE Yes N/A Pending Discretionary52901022 101 S Santa Cruz S‐23‐040 5+ O 12/4/2023 12 46 58 NONE Yes N/A Pending Discretionary52924001 50 Los Gatos‐Saratoga Rd S‐23‐042 5+ O 12/20/2023 28 126 154 NONE Yes N/A Pending Discretionary Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
ITEM NO. 5.
Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
23 56 89 11 12 13 14 15 16 17 18
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness How many of the units were Extremely Low Income? Please select the streamlining provision the project was APPROVED pursuant to. (may select multiple) Infill Units? Y/N+ Assistance Programs for Each Development (may select multiple - see instructions) Deed Restriction Type (may select multiple - see instructions) For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable (see instructions) Summary Row: Start Data Entry Below 0 9 0 7 0 7 120 143 0 14 1 10 0 15 25 65 49 15 0 9 1 12 160 246 0 53733009 20102 Foster Road S-14-122, B18-0075 SFD O 1 8/23/2017 1 1 1/10/2019 1 1 4/21/2023 1 Y 52306039 16743 Magneson Loop D-17-005, B18-0255 ADU R 1 10/3/2017 1 1 11/13/2018 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 40924026
105 Newell Ave
(103, 104, 109, 110
Sporleder Ct)
B22-1094, B22-
1095, B22-1096,
B22-1098
SFD O 4 11/6/2018
4 44 4 4Y
40706007 403 Montclair Rd S-14-037, B19-1159 SFD O 1 9/17/2019 1 11 1 1Y53217027 16461 S. Kennedy Rd S-18-043, B22-0421 SFD O 1 3/22/2022 1 1 11/29/2022 1 1 1Y 53234071 248 Jared S-16-054, B19-0563 SFD O 1 4/24/2019 1 1 8/21/2020 1 1 1Y53733001 20101 Foster Rd B19-0170 SFD O 1 9/25/2018 1 11 1 1Y 52923015 and 016 339-341 Bella Vista S-12-103, -104, B21- 0422 SFD O 1 9/5/2017 1 11 1 1Y 52937043 40 Alpine D-18-001, B18-0619 ADU R 1 3/19/2018 1 1 7/17/2018 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53205027 16302/16304 Englewood Ave D-18-009, B18-0471 ADU R 1 5/3/2018 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 42420010 15571 Benedict Ln D-18-012, B19-0139 ADU R 1 5/30/2018 1 11 1 1Y51042051 53 Hernandez D-18-026, B18-0997 ADU R 1 11/1/2018 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units52756030 114 A Colorado D-18-0030, B18- 0928 ADU R 1 10/10/2018 1 1 2/5/2020 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53229102 108 Los Gatos Blvd D-18-032, ADU R 1 11/16/2018 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units42435010 16213 Camino Del Sol D-17-010 ADU R 1 1/12/2018 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units42425015 239 A Nob Hill Wy D-17-009, B18-0169 ADU R 1 7/23/2018 1 1 4/23/2018 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units52937042 26 Alpine Ave B18-0959 SFD O 1 12/19/2017 1 1 7/29/2021 1 1 1Y 52712003,
52712004, 52712005, 52712006, 52712007, 52712008, 52712009, 52712010
52712002
16100 Greenridge
Terrace (PD)
(16300 Greenridge,
210, 220, 230, 240,
250 La Terra, 15460, 15470
Santella)
PD-16-002 5+ O 8 4/16/2019
8 88 8 8Y
52709018 15365 Santella Ct S-18-052 SFD O 1 3/3/2020 1 11 1 1Y53209018 16664 Topping Way D-18-040, B21-0823 ADU R 1 12/11/2018 1 1 1/28/2022 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 40904049 232 Calle Marguerita S-18-058, B19-0953 SFD O 1 9/3/2019 1 1 7/16/2021 1 1 1Y 52918053
16940 Roberts Rd,
16158 & 16168
Fisher Ave
S-19-008, B20-0038,
-0039, -0040 SFD O 2 12/11/2019 2 2 7/27/2022 2 2 10/20/2023 2 Y 52728037 108 A Belcrest Dr D-18-042, B18-1075 ADU R 1 12/11/2018 1 1 5/9/2019 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52709006 15680 Gum Tree Lane B17-0163 SFD O 1 1 1 10/1/2021 1 1 3/8/2023 1 Y 52916071 400 Blossom Hill Rd (RCFE) S-17-042, B20-0572 5+ R 78 3/27/2019 78 78 3/28/2022 78 78 78 Y 52901017 25 W. Main St S-19-005 2 to 4 R 2 2 1 11/13/2019 5 2 2 1 1/6/2020 5 2 2 1 5 Y Other INC 52921044 17250/17260 Pine Ave D-19-016, B19-0602 ADU R 1 6/18/2019 1 11 1 1Y 51047025 100 Clifton Ave D-19-018 ADU R 1 5/29/2019 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 40714006 14530 Quito Rd D-19-020 ADU R 1 1 1 3/6/2020 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53724015 333 A Happy Acres D-19-012, B19-0333 ADU R 1 4/19/2019 1 1 10/30/2019 1 1 3/8/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53229013 121 Johnson Ave D-19-023 ADU R 1 6/27/2019 1 1 5/6/2021 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53201040 16082 Shannon Rd D-19-031, B19-1146 ADU R 1 10/16/2019 1 1 5/6/2021 1 1 5/12/2023 1 Y 40926010 14652 Golf Links Rd D-19-033, B19-1141 ADU R 1 10/11/2019 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 51018041 104 Massol Ave D-19-034, B20-0086 ADU R 1 10/3/2020 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52934043 148 A Cleland Ave D-19-032, B20-0358 ADU R 1 9/27/2019 1 1 3/2/2021 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52709006 15680/15682 Gum Tree Lane D-19-035 ADU R 1 10/31/2019 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 40927007 14859 Golf Links D-19-036, B19-1055 ADU R 1 11/13/2019 1 1 3/6/2020 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 53237073 207 A Hollywood Ave D-19-038, B19-1005 ADU R 1 11/14/2019 1 1 1/25/2021 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units52938031 47/51 Alpine Ave D-19-039, B20-0630 ADU R 1 11/13/2019 1 1 1/25/2021 1 1 3/29/2023 1 Y ADUs 501-750 sq. ft. in size are consider Low Income Units40706007 403 A Montclair Road D-19-040, B19-1159 ADU R 1 10/25/2019 1 11 1 1Y53229068 53 Whitney/118 Panighetti Pl D-19-041, B19-1131 ADU R 1 12/4/2019 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52935068/5293504
1 56 Central Ave D-19-042, B19-1116 ADU R 1 11/1/2019 1 1 8/7/2020 1 1 3/8/2023 1 Y ADUs 501-750 sq. ft. in size are consider Low Income Units 53208039 16755/16753 Kennedy Rd D-19-043 ADU R 1 11/7/2019 1 1 2/28/2020 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 529-44-005 52944017 110 A Sisters Court D-19-044, B19-0420 ADU R 1 10/30/2019 1 1 2/28/2020 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53704019 17528 A Tourney Rd D-19-047,B19-1135 ADU R 1 12/3/2019 1 1 6/23/2020 1 1 1/10/2023 1 Y 41015010 15 A Ashler Avenue D-19-048, B19-1129 ADU R 1 12/10/2019 1 1 6/23/2020 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 51015025 56 Ellenwood Avenue D-19-049 ADU R 1 3/13/2020 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 51018080 399/397 Nicholson Avenue D-19-050, B21-1212 ADU R 1 6/16/2021 1 1 2/10/2023 11 9/5/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 40731022 263 More Avenue D-19-051 ADU R 1 5/28/2021 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 41016028 463 Monterey Avenue D-19-052, B20-0457 ADU R 1 1/2/2020 1 1 9/3/2020 1 1 11/21/2023 1 Y ADUs 501-750 sq. ft. in size are consider Low Income Units53235048 51/53 Fillmer Ave D-20-002, PRE20- 00496 ADU R 1 1/21/2020 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units52701009 16057 Shannon D-20-003 ADU R 1 1/30/2020 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 40627006 407/409 Dardanelli Lane D-20-004, B23-0894 ADU R 1 2/11/2020 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53203034 16336 A Shady View Ln D-19-024, B19-1042 ADU R 1 10/31/2019 1 1 11/9/2020 1 1 3/8/2023 1 Y ADUs 501-750 sq. ft. in size are consider Low Income Units 51019006 121 Glen Ridge/126 Apricot D-20-028, B21-0505 ADU R 1 12/22/2020 1 1 10/5/2021 11 1/10/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53208009 16614/16626 Marchmont Drive D-20-009, B23-0848 ADU R 1 6/25/2020 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52920011 17047/17045 Pine Avenue D-20-006, B20-0377 ADU R 1 6/9/2020 1 1 10/12/2023 1 1 1Y 52304026 836 Lilac Way D-20-013, B21-0242 ADU R 1 11/20/2020 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52915103 16777 Frank Avenue D-21-004, B21-0234 ADU R 1 2/24/2021 1 1 7/21/2021 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 40710002 592/594 More Ave D-20-023, B21-0145 ADU R 1 1/15/2021 1 11 1 1Y51043025 57 Fairview Plaza D-20-025, B21-0765 ADU R 1 1/22/2021 1 1 7/28/2021 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 53733009 20100/20102 Foster Road D-20-026, B21-0158 ADU R 1 12/14/2020 1 1 1/15/2021 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 56718003 16410 Harwood Rd D-20-024, B21-0946 ADU R 1 10/29/2020 1 1 5/10/2021 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units41013040 561 San Benito D-20-029, ADU R 1 1/6/2021 1 1 9/8/2021 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53730005 16000 Cerro Vista Drive D-21-002, PRE20- 01008 ADU R 1 2/22/2021 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 424-07-100 N/A 15013 Briggs B18-0203 5+ O 66 6 8/6/2020 6 6 1/13/2023 6 Y 424-07-100 N/A 15025 Briggs B18-0210 5+ O 55 5 10/7/2020 5 5 2/2/2023 5 Y424-07-100 N/A 15002 Briggs B18-0313 5+ O 88 8 8/6/2020 8 8 1/31/2023 8 Y424-07-100 N/A 15018 Briggs B18-0305 5+ O 77 7 10/21/2020 7 7 1/13/2023 7 Y424-07-100 N/A 14225 Walker B18-1063 5+ R 49 1 50 49 1 6/17/2020 50 49 1 3/3/2023 50 0 Y Other INC 424-07-100 N/A 15201 Watkins B18-0209 5+ O 55 5 4/20/2021 5 5 1/13/2023 5 Y 424-07-100 N/A 15213 Watkins B18-0212 5+ O 55 5 4/20/2021 5 5 1/13/2023 5 Y424-07-100 N/A 15202 Watkins B18-0312 5+ O 88 8 4/20/2021 8 8 1/13/2023 8 Y424-07-100 N/A 15218 Watkins B18-0306 5+ O 77 7 4/20/2021 7 7 1/13/2023 7 Y424-07-100 N/A 16301 Hamsher B18-0151 5+ O 16 16 16 10/13/2021 16 16 2/13/2023 16 Y 42407100 N/A 16433 McMillan B18-0152 5+ O 16 16 16 3/21/2022 16 16 7/13/2023 16 Y 424-07-100 N/A 15301 McCobb B18-0204 5+ O 66 6 10/13/2021 6 6 1/13/2023 6 Y N/A 15501 Sackett B18-0205 5+ O 66 6 2/21/2022 6 6 10/23/2023 6 Y 424-07-100 N/A 15302 McCobb B18-0206 5+ O 66 6 10/13/2021 6 6 1/13/2023 6 Y N/A 15502 Sackett B18-0207 5+ O 77 7 3/21/2022 7 7 7/21/2023 7 Y 424-07-100 N/A 15102 Shore B18-0208 5+ O 55 5 3/9/2021 5 5 1/13/2023 5 Y N/A 13101 Sepulveda B18-0213 5+ O 55 5 5/12/2022 5 5 5Y 1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units
ITEM NO. 5.
Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Note: "+" indicates an optional field
N/A 13190 Sepulveda B18-0214 5+ O 55 5 5/12/2022 5 5 12/12/2023 5 Y N/A 13111 Sepulveda B18-0215 5+ O 55 5 5/12/2022 5 5 5YN/A 13180 Sepulveda B18-0216 5+ O 55 5 5/12/2022 5 5 5YN/A 13201 Sepulveda B18-0217 5+ O 55 5 4/1/2022 5 5 5/1/2023 5 Y 424-07-100 N/A 15314 McCobb B18-0218 5+ O 55 5 10/13/2021 5 5 2/2/2023 5 Y424-07-100 N/A 15313 McCobb B18-0219 5+ O 55 5 10/13/2021 5 5 4/18/2023 5 Y N/A 13102 Sepulveda B18-0307 5+ O 77 7 4/4/2023 7 7 7Y
424-07-100 N/A 15117 Shore B18-0309 5+ O 77 7 3/9/2021 7 7 1/13/2023 7 Y N/A 13116 Sepulveda B18-0310 5+ O 77 7 4/4/2023 7 7 7Y
424-07-100 N/A 15101 Shore B18-0311 5+ O 77 7 3/9/2021 7 7 1/13/2023 7 Y N/A 13150 Sepulveda B18-0314 5+ O 55 5 5/12/2022 5 5 5YN/A 13160 Sepulveda B18-0315 5+ O 55 5 5/12/2022 5 5 5Y 424-07-100 N/A 15112 Shore B18-0211 5+ O 55 5 3/9/2021 5 5 1/13/2023 5 Y 51047045 144 Wood Rd S-21-003, B22-0025 SFD O 1 8/25/2021 1 1 11/8/2023 1 1 1Y51014019 246 Almendra Ave S-21-033, B22-1042 SFD O 1 8/17/2022 1 1 3/20/2023 1 1 1Y53229045 102 Alta Heights Ct D-21-034, B21-0703 ADU R 1 7/7/2021 1 1 05/10/22 1 1 9/13/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52755039 131/129 Alta Tierra Ct D-21-011, B19-1132 ADU R 1 3/13/2021 1 1 7/8/2021 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 51044020 44/46 Bayview Ave D-21-046, B22-0356 ADU R 1 11/18/2021 1 1 5/31/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units53214028 132 Blueberry Hill Dr/95 Olde Dr D-21-053, B22-0192 ADU R 1 1/20/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 51045041 101 BROADWAY D-21-001, B21-0443 ADU R 1 1/16/2021 1 1 1/7/2022 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 40632008 14345 CAPRI DR D-21-043, B21-1147 ADU R 1 9/30/2021 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53208025 103/105 CARDINAL LN D-21-010, B21-0625 ADU R 1 4/16/2021 1 1 2/10/2022 1 1 4/6/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units53730018 16135/16139 CERRO VISTA DR D-21-057, B22-0560 ADU R 1 1/25/2022 1 11 1 1Y 51045070 48/50 CLIFTON AVE D-21-041, ADU R 1 11/5/2021 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53223072 16890 CYPRESS WAY D-21-058, B21-1217 ADU R 1 12/10/2021 1 1 10/6/2022 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53226099 16330/16332 CYPRESS WAY D-21-003, B21-0343 ADU R 1 2/4/2021 1 1 11/12/2021 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52702007 72/90 DRYSDALE DR D-21-030, B23-0220 ADU R 1 7/1/2021 1 1 9/22/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53205023 16358 Englewood AVE D-21-061, B22-0455 ADU R 1 2/24/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53205016 16470 Englewood AVE D-21-014, B22-0275 ADU R 1 4/9/2021 1 1 11/29/2021 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units51043003 48/50 FAIRVIEW PLZ D-21-024, B21-0647 ADU R 1 6/10/2021 1 1 11/29/2021 1 1 1/20/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 51019005 125 GLEN RIDGE AVE/128 Apricot Ln D-21-038, B22-0210 ADU R 1 12/20/2021 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units52715010 16080/16082
GREENRIDGE
TER
D-21-045, B21-1081 ADU R 1 11/3/2021
1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52747049 233 GREGG CT D-21-017, B21-0908 ADU R 1 5/14/2021 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52757005 16641/16643 HARWOOD RD D-21-025, B22-0486 ADU R 1 6/24/2021 1 11 1 1Y 52308011 113 HILOW CT D-21-039, B21-1058 ADU R 1 9/30/2021 1 1 3/9/2022 11 10/18/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52914005 15819/15817 IZORAH WAY D-21-033, B21-0849 ADU R 1 8/27/2021 1 1 02/08/22 1 1 5/2/2023 1 Y ADUs 501-750 sq. ft. in size are consider Low Income Units 53220012
16484 S
KENNEDY RD,
Parcel 2, 16480
S-21-032, B23-0477 SFD O 1 7/13/2022
1 11 1 1Y
53220012 16484 S KENNEDY RD, D-23-013, S-21-031, B22-1011, ADU R 1 7/13/2022 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53217025 16510/16508 KENNEDY RD D-21-044, B21-1114 ADU R 1 10/8/2021 1 1 11/17/2022 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 42423005 112/114 LAS ASTAS DR D-21-040, B21-1167 ADU R 1 11/3/2021 1 1 02/08/22 11 7/19/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53229073 15 LOMA ALTA AVE D-21-012, B21-0346 ADU R 1 3/10/2021 1 1 12/8/2021 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 40915030 14274 LORA DR D-21-008, B21-0588 ADU R 1 3/11/2021 1 1 12/8/2021 1 1 8/11/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52922058 349/351 LOS GATOS BLVD D-21-020, B21-0537 ADU R 1 4/22/2021 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53209039 16619 MARCHMONT DR D-21-051 ADU R 1 12/20/2021 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53209032 16515 Marchmont DR D-21-027, B21-0632 ADU R 1 7/7/2021 1 1 01/26/22 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53209033 16529/6527 MARCHMONT DR D-21-015, B22-0837 ADU R 1 3/17/2021 1 1 1/6/2022 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units41012030 20/22 MARIPOSA AVE D-21-031, B21-1050 ADU R 1 7/29/2021 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 41015069 590 MONTEREY AVE/209 Thurston D-21-037, B22-0507 ADU R 1 10/26/2021 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units42444020 16437 MOZART WAY D-21-060, B22-0139 ADU R 1 12/14/2021 1 1 07/27/22 1 1 3/17/2023 1 Y ADUs 501-750 sq. ft. in size are consider Low Income Units53229063 112/110 STACIA ST D-21-036, B23-0506 ADU R 1 12/3/2021 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53229094 118/116 STACIA ST D-21-018, B21-0607 ADU R 1 4/19/2021 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52720003 210/220/400 SURMONT DR M-19-003, S-21-004, S-21-23, B23-0313, B23-0321 SFD O 1 1/23/2023 1 11 1 1Y51018015 100/102 TAIT AVE D-21-050, B22-0661 ADU R 1 3/4/2022 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52907041 407 UNIVERSITY AVE
D-23-005, S-21-022
with ADU to be
reviewed as building
permit, B23-0332
ADU R 1 2/1/2024
1 1 11 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53236066 127 WHEELER AVE D-21-016, B21-0332 ADU R 1 3/18/2021 1 1 6/25/2021 1 1 11/1/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53229069 51 WHITNEY AVE D-21-035, B21-0691 ADU R 1 7/20/2021 1 1 10/28/2021 1 1 9/14/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 529-11-013, 038,
039, 040
15860
WINCHESTER
BLVD
S-21-008 5+ R 113 10/3/2023
113
113 113 113 113 Y
52709022 15415 Santella Court S-22-011, B23-0039, D-23-003 SFD O 1 1 12/20/2022 2 1 1 7/18/2023 2 11 2 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53209040 16635 Marchmont Dr S-22-015, S-23-022, B22-0997, D-23-022 SFD R 1 9/20/2022 1 1 4/11/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 56718051 56718075 16220 Harwood Rd - Lot A S-22-035 SFD O 1 7/11/2023 1 11 1 1Y 56718051 56718075 16220 Harwood Rd - Lot A D-24-? JADU within S-22-035 ADU R 1 7/11/2023 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 56718051 56718077 16220 Harwood Rd - Lot C S-22-034 SFD O 1 7/11/2023 1 11 1 1Y 56718051 56718077 16220 Harwood Rd - Lot C D-24-? JADU within S-22-034 ADU R 1 7/11/2023 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 56718051 56718076 16220 Harwood Rd - Lot B S-22-036 SFD O 1 8/23/2023 1 11 1 1Y 56718051 56718076 16220 Harwood Rd - Lot B D-24-? JADU within S-22-036 ADU R 1 8/23/2023 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52711009 15665 Shady Ln S-22-047 SFD O 1 10/23/2023 1 11 1 1Y41016004 465 Santa Cruz Ave U-22-001, B22-0697 SFA R 1 6/8/2022 1 1 12/6/2022 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 40628012 14257/61 Capri Dr TUD22-004, B23- 0362 SFD R 1 2/21/2023 1 1 6/28/2023 1 1 10/2/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53223107 16600/16530/1655 0 Cypress Way TUD22-003 and ADU and JADU? SFD R 1 6/7/2023 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53223095 17621 High St TUD22-002, ULS23- 004 SFD R 1 6/14/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53209039 16619 or 16621/23 Marchmont Dr TUD22-001, B23- 1121 2 to 4 R 1 1 10/25/2023 2 11 2 11 2 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units40715016 205/207 MISTLETOE RD D-22-001, B22-0747 ADU R 1 8/18/2022 1 1 1/13/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52326017 16010 Winterbrook RD D-22-002, B22-0303 ADU R 1 2/2/2022 1 1 7/25/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53727065 14725/14723 SKY LN D-22-005, B22-0350 ADU R 1 2/10/2022 1 1 9/19/2022 1 1 4/20/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units52724035 262 BELVUE DR D-22-006, B22-0274 ADU R 1 2/22/2022 1 1 5/3/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53205020 16414 Englewood AVE D-22-009, B22-0349 ADU R 1 3/7/2022 1 1 9/23/2022 1 1 7/12/2023 1 Y 53205002 16668/16670 SHANNON RD D-22-010, B22-0670 ADU R 1 3/15/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53223095 17621/17623 HIGH ST D-22-011, B23-0122 ADU R 1 3/28/2022 1 1 9/28/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 41013004 64 MARIPOSA AVE D-22-012, B22-0858 ADU R 1 6/10/2022 1 1 9/27/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52933044 9 Reservoir DR D-22-013, B22-0392 ADU R 1 3/30/2022 1 1 9/13/2022 1 1 10/11/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53239015 17400 Phillips AVE D-22-015 ADU R 1 4/25/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units40926008 14686 GOLF LINKS DR D-22-016, B22-0497 ADU R 1 5/3/2022 1 1 3/3/2023 1 1 11/3/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 51043021 83 FAIRVIEW PLZ D-22-018, PRE22- 00949 ADU R 1 7/6/2022 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52944021 138/140 PROSPECT AVE D-22-019, B22-0248 ADU R 1 1 1 12/15/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53205001 16680/16682 SHANNON RD D-22-020, B22-0781 ADU R 1 5/18/2022 1 1 3/10/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52313025 16400/16402 Lilac LN D-22-021 ADU R 1 5/26/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 40912016 890/892 TEAKWOOD CT D-22-027, B22-0801 ADU R 2 6/14/2022 2 2 3/29/2023 2 2 2Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units41013009 75/77 MARIPOSA AVE D-22-025, B22-0503 ADU R 1 5/18/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units52305006 16667 SHANNON RD D-22-026, B22-0476 ADU R 1 5/19/2022 1 1 1/18/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 51045082 31 CLIFTON AVE D-22-028, D-22-029, B22-1035 ADU R 2 6/15/2022 2 2 22 20 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units
ITEM NO. 5.
Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Note: "+" indicates an optional field
52702007 72 DRYSDALE DR D-22-031 (JADU), B21-0060 ADU R 1 5/13/2022 1 1 10/4/2021 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52325042 15903 ROCHIN CT D-22-032, B22-0659 ADU R 1 6/24/2022 1 1 4/24/2023 1 1 1Y52915092 16790/16788 FRANK AVE D-22-035, B23-0037 ADU R 1 8/25/2022 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 40914017
17351/17349
WEDGEWOOD
AVE
D-22-036, D-23-004,
B23-0118 ADU R 1 7/8/2022 1 1 11/29/2023 1 1 1 Y Other INC 52747045 241 GREGG CT D-22-037, B22-0829 ADU R 1 6/30/2022 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 41004019 15756/15758 OAK KNOLL CT D-22-038, B22-0610 ADU R 1 7/12/2022 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units53206033 16700 SHANNON RD D-22-039, B22-0872 ADU R 1 8/23/2022 1 1 3/16/2023 1 1 11/28/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53205002 16668 Shannon RD D-22-040, B22-1102 ADU R 1 6/20/2022 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52914019 16830 FARLEY RD D-22-041, B22-0572 ADU R 1 7/1/2022 1 1 8/16/2022 1 1 7/27/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units53218044 211/213 BROOKE ACRES DR D-22-044, B22-1092 ADU R 1 7/19/2022 1 1 6/16/2023 1 1 1Y 42419033 260 GARDEN LN D-22-045, B22-0850 ADU R 1 8/4/2022 1 1 7/12/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53711017 14300/14302 ARNERICH RD D-22-046 ADU R 1 7/28/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units51020068 62/64 Ellenwood AVE D-22-047, B22-1090 ADU R 1 11/1/2022 1 1 8/2/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52939024 334 JOHNSON AVE D-22-048 ADU R 1 9/21/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 51014019 244 ALMENDRA AVE D-22-049, B22-0983 ADU R 1 8/17/2022 1 1 3/20/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52749024 252 GREGG DR D-22-050, B22-1054 ADU R 1 10/4/2022 1 1 6/30/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53218050 101/99 FORRESTER CT D-22-051, B22-0949 ADU R 1 9/6/2022 1 1 2/10/2023 1 1 9/27/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53218052 112 Forrester RD D-22-052, B22-0982 ADU R 1 9/28/2022 1 1 2/22/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units52936004 145 CENTRAL AVE D-22-053, B22-0955 ADU R 1 10/10/2022 1 1 2/1/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units52919028 508 NINO AVE D-22-054, B22-1050 ADU R 1 11/3/2022 1 1 3/8/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 53703078 17915 FOSTER RD D-22-055, B22-1066 ADU R 1 11/2/2022 1 11 1 1Y 52704007 15710 SHADY LN D-22-056 ADU R 1 12/14/2022 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52915071 16861/16863 PLACER OAKS D-22-058, B21-0178 ADU R 1 11/10/2022 1 1 6/7/2022 1 1 4/3/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52325003 15889 BLOSSOM HILL RD D-22-059, B23-0040 ADU R 1 11/15/2022 1 1 2/9/2023 1 1 3/10/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52323097
15585/15587
CAMINO DEL
CERRO
D-22-060, B23-0080 ADU R 1 1/4/2023
1 1 6/28/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52728013 248 BACIGALUPI DR D-22-061, B22-1101 ADU R 1 12/21/2022 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52325017 15910 ROCHIN TER D-22-062, B22-1062 ADU R 1 12/20/2022 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52918051 16191/93/95/97 George Street S-20-025, M-20- 008, B22-1027, - 1026, -1025, -1024 2 to 4 O 4 7/27/2022 4 4 9/1/2023 4 4 4Y 40914013 17291 Wedgewood AVE D-23-002, B22-1039 ADU R 1 4/24/2023 1 1 8/18/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 41018018 517 SAN BENITO AVE D-21-028, B21-0944 ADU R 1 7/7/2021 1 1 1/21/2022 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 42415018 152 MARICOPA DR D-21-059, B22-0188 ADU R 1 1/13/2022 1 1 4/20/2022 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units53726046 15815 SHANNON RD D-21-047, B21-1098 ADU R 1 10/12/2021 1 1 5/2/2022 1 1 10/10/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53209022 16608/16610 Topping WAY D-21-009, B21-0767 ADU R 1 2/19/2021 1 1 5/12/2022 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52911048 1 AUGUSTA CT D-22-014, B22-0073 ADU R 1 3/24/2022 1 1 5/18/2022 1 1 6/7/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units52921036 403 Bella Vista Ave D-21-032, B21-1179 ADU R 1 7/1/2021 1 1 5/20/2022 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units52904019 231/233 EDELEN AVE D-21-062, B22-0076 ADU R 1 12/22/2021 1 1 6/24/2022 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 53209024 16580/16576 TOPPING WAY D-21-056, B22-0093 ADU R 1 12/10/2021 1 1 7/20/2022 1 1 9/5/2023 1 Y ADUs 501-750 sq. ft. in size are consider Low Income Units53237029 142 WHITNEY AVE D-22-017, B22-0378 ADU R 1 4/20/2022 1 1 7/25/2022 1 1 1/25/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 40903008 100 CALLE MARGUERITA D-22-023, B22-0563 ADU R 1 5/19/2022 1 1 7/29/2022 1 1 7/14/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units52922004 211 CALDWELL AVE D-22-008, B22-0306 ADU R 1 3/4/2022 1 1 8/10/2022 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 51019027 40 Hernandez AVE D-22-042, B22-0481 ADU R 1 6/30/2022 1 1 9/8/2022 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 51019012 47 ELLENWOOD AVE D-22-003, B22-0314 ADU R 1 1/31/2022 1 1 9/20/2022 1 1 9/22/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 51020012 65 ELLENWOOD AVE D-22-043, B22-0089 ADU R 1 6/28/2022 1 1 9/26/2022 1 1 10/23/2023 1 Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53233054 139 VISTA DEL MONTE D-21-049, B22-0427 ADU R 1 1/26/2022 1 1 10/23/2022 1 1 6/30/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53221007 17121 S Crescent Dr D-21-054, B22-0176 ADU R 1 12/16/2021 1 1 10/24/2022 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53219031 16200/16202 KENNEDY RD D-21-055, B22-0240 ADU R 1 2/28/2022 1 1 1/4/2023 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units51015011 515 A Bachman Ave D-21-048, B21-1129 ADU R 1 10/13/2021 1 1 1/9/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 51015011 515 B Bachman Ave D-22-022 (JADU), B21-1129 ADU R 1 10/13/2021 1 1 1/9/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units51044027 16490 BONNIE ADR23-0062, B23- 1134, D-24-006 ADU R 1 2/12/2024 1 1 2/14/2024 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 53229093 146 STACIA D-24-009, B20-0645 ADU R 1 1/30/2024 1 1 1/30/2024 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 42424019 232 LAS MIRADAS D-24-007, MR-22- 019, B23-1114 ADU R 1 3/30/2023 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52701002 15977 SHANNON D-24-?, B23-0947 ADU R 1 2/12/2024 1 1 2/16/2024 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 40927004 14801 GOLF LINKS D-24-003, B23-0932 ADU R 1 1/24/2024 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52343035 232 DANVILLE D-24-001, B23-0915 ADU R 1 2/7/2024 1 1 3/4/2024 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52724014 288 BELBLOSSOM D-24-002, B23-0917 ADU R 1 12/12/2023 1 1 1/19/2024 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units51017004 223 TAIT AVE D-23-001, B22-1057 ADU R 1 6/8/2023 1 1 2/7/2024 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52907028 507 UNIVERSITY AVE D-23-007, B23-0539 ADU R 1 10/27/2023 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units53214021 128
LONGMEADOW
DR
D-23-008, B23-0252 ADU R 1 7/26/2023
1 1 9/19/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 42418037 131 HIGHLAND OAKS DR D-23-009, B23-0351 ADU R 1 7/21/2023 1 1 8/11/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52730031 135 BELVALE DR D-23-010, B23-0028 ADU R 1 8/4/2023 1 1 9/19/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52914004 15805/7 IZORAH WAY D-23-011, B23-0778 ADU R 1 11/30/2023 1 1 2/9/2024 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53213012 16568 KENNEDY RD D-23-012, B23-0528 ADU R 1 9/26/2023 1 1 10/11/2023 1 1 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 52704012 15700 SHADY LN D-23-014 ADU R 1 1/19/2023 1 1 5/23/2023 1 1 6/9/2023 1 Y ADUs 501-750 sq. ft. in size are consider Low Income Units56764002 16180 HARWOOD RD D-23-015, B23-0580 ADU R 1 9/1/2023 1 1 9/14/2023 1 1 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 52926015 22 PLEASANT ST D-23-016, B23-0550 ADU R 1 9/5/2023 1 1 11 10 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units53219032 16168 KENNEDY RD D-23-017, B23-0266 ADU R 1 3/31/2023 1 1 2/22/2024 1 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units 52902035 116 EDELEN AVE D-23-018, B23-0469 ADU R 1 5/11/2023 1 1 5/30/2023 1 1 6/16/2023 1 Y42416010 243 LONGRIDGE RD D-23-020, B23-0716 ADU R 1 1/30/2024 1 1 11 1Y ADUs 501-750 sq. ft. in size are consider Low Income Units 51016020 221 MASSOL AVE D-23-023, B23-0372 ADU R 1 6/26/2023 1 1 7/27/2023 1 1 11/14/2023 1 0 Y ADUs below 500 sq. ft. in size are consider Very Low Income Units 53209039 53209039 16621/16623 MARCHMONT DR D-23-025, B23-1121 ADU R 1 10/25/2023 1 11 1 1Y ADUs 751-1100 sq. ft. in size are consider Moderate Income Units
ITEM NO. 5.
Jurisdiction Los Gatos ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - - Non-Deed Restricted 4 10 - - - - - - - - Deed Restricted - 1 - - - - - - - - Non-Deed Restricted - 10 - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 18 14 - - - - - - - - Above Moderate 826 3 25 - - - - - - - - 28 798
1,993
25 60 - - - - - - - - 85 1,908
5 67
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units to
Date
Total Units
Remaining
269 - - - - - - - - - - 269
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
288
14 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 32 Moderate
537 310 320
Please contact HCD if your data is different than the material supplied here 11 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
523 299
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
ITEM NO. 5.
Jurisdiction Los Gatos
Reporting Year 2023 (Jan. 1 - Dec. 31)
12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Developer Forum
Meet once a year to generate a list of
opportunities and constraints
Annually provide focus group or Town Hall
meeting opportunities New program not yet complete
Large Site Program
Facilitate four land divisions and/or lot
line adjustments
Annually provide focus group or Town Hall
meeting opportunities New program not yet complete
No Net Loss Maintain RHNA capacity
Ongoing tracking as developments are
approved Maintained
Additional Housing
Capacity for the North
Forty Specific Plan
Facilitate the construction of 45 new
homes for lower‐income households January 2025 In progress Affordable Development on
Town Owned Property
The Town owns two properties that could
be suitable for affordable housing up to
20 units. Ongoing effort Ongoing effort
Update Permit Software
System Reduce processing time by five percent
Review and update regulations as appropriate
at biannual years Ongoing effort
Study Detached Single‐
Family Condominium
Option
Increase the floor area ratio to promote
higher density housing development December 2024 Not yet complete Coordination with Water
and Sewer Providers Deliver Housing Element Upon adoption of the Housing Element Not yet adopted Senior Housing Resources
Maintain the existing housing stock by
funding three home repairs to lower
income seniors annually
Ongoing and annual effort
Update materials annually Ongoing effort
Small Multi‐Unit Housing,
“Missing Middle”
Increase the number of housing units,
including the combination of small multi‐
unit housing, religious institutions, Junior
Accessory Dwelling Unit (JADU), and SB
10 by 150 units (including 30 of these
units as being affordable) over eight years
with the goal of achieving 100% of the
units in low to medium density
designations and high median income
areas. December 2024 Not yet complete
Lot Consolidation Facilitate nine lot consolidations. June 2025 Not yet complete Below Market Price
Program
Increase number of BMP units annually
by five units with a goal of achieving 30%
of new units in high median income areas
Complete study by June 2025 and implement
recommended policy actions by December
2028 Not yet complete
Establish a Commercial
Linkage Fee
Complete a nexus study to determine if
linkage fees are appropriate
Complete study by June 2024 and implement
recommended actions by December 2024 Not yet complete
Funds for Development for
Extremely Low Income (ELI)
Households
Subsidize five developments which
include extremely low‐income
households Ongoing and annual effort Ongoing effort
Affordable Housing
Development
‐ Facilitate the construction of 460 new
homes for moderate to lower‐income
households ( 100 for moderate, 190 for
low, and 170 for very‐low), including 30%
in high median income areas
‐ Facilitate annual outreach to
developers. Annually identify
development and housing opportunities
‐ Reduce development impact fees and
permit processing fees for affordable
housing projects for extremely low and
very low units by 10 percent
Ongoing and annual effort
Reduce development impact fees by January
2026 Not yet complete
Purchase Affordability
Covenants in Existing
Apartments
Affordability covenants for three housing
units with BMP funding to increase the
supply of affordable housing per year January 2026 Not yet complete
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ITEM NO. 5.
Accessory Dwelling Units
‐ Facilitate construction of at least 200
ADUs or JADUs with a goal to facilitate
construction of up to 350 ADUs or JADUs
throughout the Planning period with a
goal of 5% of these units being affordable
to lower‐income households and 50% in
single‐family, high median income
neighborhoods
‐ Publish pre‐approved ADU plans and
templates, including designs that address
ADA and senior housing needs
‐ Post pre‐approved plans on Town
website
‐ Use the Town’s social media, website,
local press, and community events to
distribute information
‐ Adopt objective standards to allow
more than one JADU per property by July
2025
‐ Facilitate construction of at least 10
JADUs in low density neighborhoods
‐ Through a homesharing program, assist
at least 50 homeowners in renting out
available ADUs and JADUs, especially in
high/higher resource areas throughout
the Planning period
‐ Initiate marketing program and coordinate
efforts on pre‐approved ADU plans (2023) and
other resources and services (December 2025)
‐ Select at least three plans and conduct media
campaign to promote (December 2024)
‐ Annually monitor the production and
affordability of ADUs
‐ Amend the ADU Ordinance (January 2024)
‐ Monitor ADU/JADU production against
projection by July 2027 and develop strategies
to address any potential shortfall in meeting
RHNA by the end of 2027
ADU ordinance amended, production monitoring
ongoing
Density Bonus
Increase affordable housing units
generated by an amended Density Bonus
Ordinance
‐ Bonus Ordinance (December 2024)
‐ Complete study by June 2026 and implement
recommended actions by December 2029 Not yet complete
Congregational Land
Overlay Zone
Increase affordable housing on religious
sites by 25 units. December 2025 Not yet complete
Nonprofit Affordable
Housing Providers
Meet with nonprofit affordable housing
providers to identify constraints and
barriers
Ongoing and annual effort to support nonprofit
affordable housing organizations.
Pursue a homesharing program by December
2025 and market program annually with the
goal of 5 matches a year. Not yet complete
Increased Range of Housing
Opportunities for the
Homeless
Support non‐profit organizations to
identify emergency shelter, transitional
housing, and permanent housing
opportunities with 20 bed nights
annually. Ongoing and annual effort Ongoing effort
Housing Opportunities for
Persons Living with
Disabilities
Zoning Code amendment to increase the
number of disabled persons housed by 90
units. December 2024 Not yet complete
Rental Dispute Resolution
Program
Increase the number of disputes resolved
by 20 percent. Ongoing and annual effort Ongoing effort Assistance for Persons with
Developmental Challenges
Provide rental assistance for persons with
disabilities
Annually follow up on a periodic basis with
service providers to determine outcomes for
referrals and update referral process and
timelines accordingly 2023‐2031 period Not yet complete Supportive Services for the
Homeless
Continue the Town’s support to provide
funds to WVCS for homeless persons
services Ongoing and annual effort Ongoing effort
Stabilize Rents
Implement improvement opportunities
for the Rental Dispute Mediation and
Arbitration Ordinance
Complete study by January 2025 and
implement Municipal Code changes by June
2025 Not yet complete
Reduce Parking Standards
Zoning Code amendment to reduce
parking standards
Complete study by January 2025 and
implement Town Code changes by June 2025 Not yet complete Allow for 100 Percent
Affordable Residential
Development in Mixed‐Use
General Plan Designations
Amend the General Plan and Zoning Code
to allow for 100 percent affordable
housing development in Mixed‐Use
General Plan designations
Implement General Plan and Municipal Code
changes by June 2024 Not yet complete
SB 35 Process
Improvements
Measure SB 35 applications processed
per year December 2023
Application form created, no applications
received
Low Barrier Navigation
Centers
Zoning Code amendment to include the
definition for “Low Barrier Navigation
Center” consistent with State law December 2023 Not yet complete Fair Housing Law Education
Add 50 new subscribers to the Notify me
subscriber list Resources posted by end of January 2023 New program not yet complete Transit Oriented
Development
Zoning Code amendment to establish
development standards for transit‐
oriented development
Implement Municipal Code changes by June
2025 Not yet complete
ITEM NO. 5.
Preserve “At‐Risk”
Affordable Housing Units
Preserve all 169 publicly assisted housing
units in Los Gatos. Ongoing and annual effort Ongoing effort Rental Housing
Conservation Program Zero loss of rental housing Ongoing and annual effort Ongoing effort Countywide Home Repair
Programs
Three minor home repairs and/or
accessibility improvements annually for
lower income households, including
special needs households
Ongoing and annual effort
Update Town website to provide links to
County programs annually Ongoing effort
Town Residential
Rehabilitation Program
Provide rehabilitation to five low‐income
homeowner units annually December 2027 Not yet complete Solar Energy
Increase solar energy use through
ministerial building permits Ongoing and annual effort Ongoing effort Town Housing Resources
Guide
Increase the Housing Resources Guide
usage Update materials annually Ongoing effort
Santa Clara County Fair
Housing Consortium Zero displacement Ongoing and annual effort Ongoing effort Community Education
Using a Variety of
Communication Methods Increase availability of information. Update materials quarterly Ongoing effort Educate Single‐Family
Property Owners Regarding
In‐Fill Housing Options Provide education on SB 9 and ADU’s. Update materials quarterly Ongoing effort Special Needs Housing
Amend the Zoning Code to remove
barriers to building special needs housing
Amend Zoning Code by January 2024
Establish prioritize processing of special needs
housing by January 2028 In progress
Zoning Code Amendments
Amend the Zoning Code consistent with
the Housing Element timing
Complete rezonings by January 31, 2024, and
monitoring and evaluation of the HEOZ
developments standards by December 2026.
Initial requried rezonings have been completed,
other work ongoing.
General Plan Amendment
Adopt General Plan amendments
consistent with the Housing Element
timing.
Complete General Plan amendments by
January 31, 2024 General Plan updates complete.
Provide Adequate Sites for
Housing, RHNA Rezoning,
and Lower Income
Households on Nonvacant
and Vacant Sites Previously
Identified
The number of housing units entitled per
year on these sites
Rezone all sites in the Sites Inventory to
increase housing on nonvacant and vacant sites
previously identified by January 31, 2023. Rezoning complete Affirmative Marketing Number of marketing plans updated.
As applications which propose new housing
units are submitted and available Ongoing effort
Replacement Unit Program New policy adopted
Adopt a policy by January 2024 and apply the
policy as applications on sites within the Sites
Inventory are received and processed Not yet complete
Senate Bill 9 Monitoring
Prepare Annual Progress Report and issue
96 SB 9 units over the eight‐year period
Evaluate effectiveness of SB 9 approvals every
year beginning in 2023; and identify additional
incentives and/or site capacity, if needed by
2027 Ongoing effort
Story Poles and Netting
Policy
Reduce cost of development by
modifying the story pole requirements for
affordable housing projects.
Implement by March 2024, and evaluate
effectiveness of reduced requirements every
year beginning in 2025; and identify additional
incentives and/or site capacity, if needed,
within six months of need identification. In progress
Local Labor Program List
Annually update the list or upon request
from a local union.
Establish a list by December 31, 2024, to post
online. Not yet complete
Housing Mobility
Provide 160 housing opportunities
affordable to lower income households
by January 2031.
Annually review overall progress and
effectiveness in April and include information
in annual report to HCD. If the Town is not on
track to meet its 160 affordable housing unit
goal for the 8‐year RHNA cycle by 2027 (i.e., 80
affordable units built or in process by 2027),
the Town will consider alternative land use
strategies and make necessary amendments to
zoning or other land use documents to
facilitate a variety of housing choices, including
but not limited to, strategies that encourage
missing middle zoning (small‐scale multi‐unit
projects), adaptive reuse, and allowing
additional ADUs and/or JADUs, within six
months, if sufficient progress toward this
quantified objective is not being met. Ongoing effort
ITEM NO. 5.
Jurisdiction Los Gatos
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 14
Deed Restricted 1
Non-Deed
Restricted 10
Deed Restricted 0
Non-Deed
Restricted 15
25 65
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 7 6 5
2 to 4 units per structure 2 4 0
5+ units per structure 113 14 202
Accessory Dwelling Unit 21 41 39
Mobile/Manufactured Home 0 0 0
Total 143 65 246
Infill Housing Developments and Infill Units Permitted # of Projects Units 48 65
00 24
734
10 0
0 0
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
Data is auto-populated based on data entered in Tables A, A2, C, and D Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
ITEM NO. 5.
Income Rental Ownership Total
Very Low 00 0
Low 00 0
Moderate 00 0
Above Moderate 00 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 00
SB 9 (2021) - Residential Lot Split 00
AB 2011 (2022) 00
SB 6 (2022) 00
SB 35 (2017) 00
Ministerial and Discretionary Applications # of Applications Units Ministerial 19 19
Discretionary 5 715
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 4 Number of Units in Applications Submitted Requesting a Density Bonus 714 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 51 0
Cells in grey contain auto-calculation formulas
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
ITEM NO. 5.
Jurisdiction Los Gatos
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated base Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding
Notes
Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2 Current Year
Deed Restricted 0
Non-Deed Restricted 9
Deed Restricted 0
Non-Deed Restricted 7
Deed Restricted 0
Non-Deed Restricted 7
120
143
Current Year
Deed Restricted 0
Non-Deed Restricted 14
Deed Restricted 1
Non-Deed Restricted 10
Deed Restricted 0
Non-Deed Restricted 15
25 65
Current Year
Deed Restricted 49
Non-Deed Restricted 15
Deed Restricted 0
Non-Deed Restricted 9
Deed Restricted 1
Non-Deed Restricted 12
160
246
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ ‐ Task Status
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
ITEM NO. 5.
This Page
Intentionally
Left Blank
ITEM NO. 5.
PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: 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: 03/19/2024
DATE: March 7, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Negotiate and Execute a Sub-Lease with the United States Postal Service (USPS) for Parking Spaces Located at 15 Montebello Way
RECOMMENDATION:
Authorize the Town Manager to negotiate and execute a sub-lease with the United States Postal Service (USPS) for parking spaces located at 15 Montebello Way.
BACKGROUND:
In 2002, the Town entered into a 15-year lease agreement with Frontier California Inc. (formerly Verizon) for the use of the parking lot at 15 Montebello Way. On March 17, 2003, the parking lot lease was amended to allow for the sub-leasing of a portion of the lot to the United States Postal Service (USPS). The Frontier agreement was further amended in 2006, 2009, and 2018 with a final amendment in December 2023 to extend the lease through April 2029. Since the 2003 amendment, the Town has continued to sub-lease a portion of the parking spaces to the USPS concurrently with the lease agreement with Frontier California Inc.
DISCUSSION:
The current sublease with the USPS is scheduled to expire on April 30, 2024. Consistent with the five-year extension on the Frontier California Inc. agreement completed in December, staff negotiated a new five-year sub-lease (Attachment 1) with USPS through April 30, 2029. Similar to the prior sub-lease, the agreement covers approximately 10,800 square feet or 35 parking spaces. The table on the following page illustrates the terms of the prior agreement and the proposed agreement with the USPS.
ITEM NO. 6.
PAGE 2 OF 2
SUBJECT: USPS Sub-Lease
DATE: March 7, 2024
DISCUSSION (continued):
TERM ANNUAL LEASE MONTHLY LEASE
Prior lease 5-year lease
ending April 30, 2024
$32,400 $2,700
New 5-year lease ending
April 30, 2029
$46,322 $3,860.17
The new sub-lease terms represent a 43% increase from the prior agreement to be more commensurate with the terms of the lease with Frontier California Inc. The sub-lease amount also includes a 4% commission for the USPS’ lease manager Jones Lang LaSalle (JLL). The USPS requires the Town to pay this fee to JLL as part of a Commission Agreement (Attachment 2).
The proposed sub-lease takes into account this commission and ensures the Town recovers costs related to leasing this subset of parking spaces from Frontier.
CONCLUSION:
Authorization of the sub-lease with the USPS will continue the long-standing practice of subsidizing the lease with Frontier California Inc., providing additional parking to the USPS, and utilizing a fee structure more commensurate with the primary lease terms.
COORDINATION:
This report was coordinated with the Town Manager’s Office, the Town Attorney’s Office, and the Finance Department.
FISCAL IMPACT:
If executed, the sublease would provide annual revenue generation of $46,322.
Attachments:
1. USPS Sub-Lease
2. Commission Agreement
ITEM NO. 6.
Sub - Ground Lease
LOS GATOS - M.O. EMPLOYEE PARKING (054542-002)
15 MONTEBELLO WAY, LOS GATOS, CA 95030-9998 ATTACHMENT 1
ITEM NO. 6.
Ground Lease
Facility Name/Location
In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows:
1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the ‘General Conditions to USPS Ground Lease,’ attached hereto and made a part hereof:
Total Site Area:
Rent checks shall be payable to:
3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term:
County: Santa Clara Lease: QU0000559704 1
FIXED TERM: The term becomes effective May 01, 2024 with an expiration date of April 30, 2029, for a total of 5 Years.
2. RENTAL: The Postal Service will pay the Landlord an annual rental of: $46,332.00 (Forty Six Thousand Three Hundred Thirty Two and 00/100 Dollars) payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. LOS GATOS - M.O. EMPLOYEE PARKING (054542-002) 15 MONTEBELLO WAY, LOS GATOS, CA 95030-9998
TOWN OF LOS GATOS
FINANCE DEPARTMENT
P O BOX 697
LOS GATOS, CA 95031-0697
This Lease made and entered into by and between TOWN OF LOS GATOS hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service:
February 2004 10,800.00 Sq. Ft.
Exclusive Use Parking Lot, approximately 35 parking spaces
ITEM NO. 6.
Ground Lease
4. 5. TERMINATION:
6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof:
7. LEGAL DESCRIPTION:
2 The Postal Service may terminate this Lease at any time after year 2 by giving 180 days written notice to the Landlord.
RENEWAL OPTIONS: None
See Attached Addendum.
February 2004
10,800 SQ FT identified on Exhibit A as United States Postal Service, 35 Parking Spaces (existing), a portion of the parking facility located at 15 Montebello Way, Los Gatos CA. See Attached Exhibit A.
See Attached Exhibit A - Site Plan
See Attached Exhibit B - Master Lease Agreement
See Attached Exhibit C - LANDLORD CONSENT, RECOGNITION AND NON-DISTURBANCE AGREEMENT
ITEM NO. 6.
Addendum
Facility Name/Location
LOS GATOS - M.O. EMPLOYEE PARKING (054542-002)
County: Santa Clara 15 MONTEBELLO WAY, LOS GATOS, CA 95030-9998 February 2004
8. Landlord leases the Premises and the Property from Verizon California, Inc., a California corporation, now known as Frontier California Inc., a California corporation ("Master Landlord") under the terms of that certain Master Lease dated 5/28/2002, as amended by that certain First Amendment to Master Lease dated 3/17/2003, and as further amended by that certain Second Amendment to Master Lease dated 10/10/2006, and as further amended by that certain Third Amendment to Master Lease dated 11/13/2009, and as further amended by that certain Fourth Amendment to Master Lease dated 7/19/2018, and as further amended by that certain Fifth Amendment to Master Lease dated 01/16/2024, by and between Landlord and Master Landlord. With respect to the Master Lease, Landlord represents, warrants, and agrees as follows:
a. The Premises described in the Master Lease includes the entire Premises described in this Lease and Landlord has all of the rights to all appurtenances, easements and joint use or common areas shown on the Exhibits of this Lease.
b. The current term of the Master Lease terminates on 04/30/2029. c. The Master Lease permits the Premises to be used for any lawful purpose. d. If required by the Master Lease, Landlord has obtained the prior written consent of Master Landlord to this Lease in accordance with the terms of the Master Lease. e. If required by the Master Lease, Landlord has obtained the prior written consent of Master Landlord in accordance with the terms of the Master Lease prior to completing any alterations to the Premises in connection with this Lease.
f. If Landlord has the right to terminate the Master Lease without cause, Landlord agrees that it will not exercise this right during the term of this Lease.
g. Landlord will promptly provide the Postal Service with copies of all notices it sends to or receives from the Master Landlord under or with respect to the Master Lease, but in no event less than 5 business days following the sending or receipt of any such notice. h. The Postal Service acknowledges receipt of a copy of the Master Lease; however, the Postal Service will only be responsible to carry out Landlord’s obligations thereunder that are specifically transferred under this Lease to the Postal Service, but not for either (1) those obligations which must remain with Landlord, including but not limited to payment of rent to the Master Landlord, maintaining insurance, constructing the premises, etc., or (2) those obligations Landlord has agreed to keep under this Lease, including but not limited to its obligations under the Maintenance Rider of this Lease.
9. The Postal Service shall be responsible for maintenance of the parking lot. The Postal Service may perform such maintenance at such time and in such manner as it considers necessary. Landlord shall be responsible for all other maintenance not listed above that is necessary to keep the Premises is good and tenantable condition.
10. The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original but is an electronic signature, scanned signature or a digitally encrypted signature, then such electronic signature, scanned signature or digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. Signatures required under this Lease, or any amendments, addendums, assignments, or other records associated therewith, may be transmitted by email or by fax and, once received by the party to whom such signatures were transmitted, shall be binding on the party transmitting its signatures as though they were an original signature of such party.
ITEM NO. 6.
Ground Lease
EXECUTED BY LANDLORD this ________ day of _______________________, ______.
GOVERNMENTAL ENTITY
By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either).
Name of Governmental Entity: _____________________________________________________________ __________________________________ _____________________________________
__________________________________ _____________________________________
Landlord’s Address: ____________________________________________________________________________________ ____________________________________________________________________________________ Landlord’s Telephone Number(s): ___________________________ __________________________________ Federal Tax Identification No.:______________________________________ _________________________________________ _________________________________________ Witness Witness
a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing.
ACCEPTANCE BY THE POSTAL SERVICE
Date: _______________
__________________________________ ____________________________________ Contracting Officer Signature of Contracting Officer
_______________________________________________________________________________ Address of Contracting Officer
Signature Page Grdlease Gvt. Entity (April 2009)
LOS GATOS, CA 95031-0697 XX-XXX1435 Name + Title: Name + Title: Name + Title: Name + Title: Western FSO 7500 E 53RD PL RM 1108, DENVER, CO 80266-9918 FINANCE DEPARTMENT P O BOX 697 Terrence P Brennan 3 Town of Los Gatos
ITEM NO. 6.
General Conditions to USPS Ground Lease
groundgc (Oct 2009) GC-1
1. CHOICE OF LAW
This Lease shall be governed by federal law.
2. RECORDING
Not Required
3. MORTGAGEE'S AGREEMENT
If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease.
4. ASSIGNMENTS
a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns.
b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract.
No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with:
1. the contracting officer; and
2. the surety or sureties upon any bond.
c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that:
1. such transfer is subject to this Lease agreement;
2. both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer.
5. APPLICABLE CODES AND ORDINANCES
The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs.
6. SUBLEASE
The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment.
7. ALTERATIONS
The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property on which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service.
8. CLAIMS AND DISPUTES
a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract.
However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a
ITEM NO. 6.
General Conditions to USPS Ground Lease
groundgc (Oct 2009) GC-2
claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification:
“I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord.” The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made.
f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used.
h. The Postal Service will pay interest on the amount found due and unpaid from:
1. the date the contracting officer receives the claim (properly certified if required); or
2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer.
9. HAZARDOUS/TOXIC CONDITIONS CLAUSE
"Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure.
The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose any information concerning the presence of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service.
Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks.
Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the U. S. Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines. If ACBM is subsequently found which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord’s sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition.
The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause.
The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service.
By execution of this Lease the Landlord certifies:
a. the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law;
ITEM NO. 6.
Exhibits
August 2017
Exhibit A
Site Plan
Facility Name/Location
County: Santa Clara
Lease: QU0000559704
LOS GATOS - M.O. EMPLOYEE PARKING (054542-002)
15 MONTEBELLO WAY, LOS GATOS, CA 95030-9998
ITEM NO. 6.
2/8/2024
Exhibit B: Master Lease
ITEM NO. 6.
EXHIBIT A - PGS 1 - 31
FOURTH AMENDMENT TO PARKING LOT LEASE
This Fourth Amendment to Parking Lot Lease ("Amendment") dated for reference purposes only, November 13, 2009, is made by and between by Verizon California Inc., a California corporation, now known as Frontier California Inc .. a California corporation ("Landlord") and Town of Los Gatos, o municipal corporation ("Tenant").
RECITALS
A. Landlord and Tenant entered into a Parking Lot Lease dated May 28, 2002, as amended by that certain First Amendment to Parking Lot Lease dated March 17, 2003, and as further amended by that certain Second Amendment to Parking Lot Lease dated October 10, 2006. and Third Amen�ment dated November 13, 2009 (as amended, the "Lease") for a portion of the property located at 15 MontebeHo Way, Los Gatos, California.
NOW THEREFORE, in consideration of the mutual covenants herein expressed and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Tenant and Landlord agree as follows:
I. Rent,. Commencing upon May 1, 2019, the Base Rent set forth in Paragraph 2(a) of the Lease (as modified by Paragraph 2 of the 3
rd Amendment) shall be amended to read as
follows:
Period Montblv Base Rent
05/01/2019-04/30/2024 $5,700
2. Notices. Landlord>s notice address contained in Paragraph 15 of the Lease (as modified by 'Paragraph 3 of the 3rd Amendment) is hereby deleted in its entirety and replaced with the following:
Notice to Landlord:
Frontier California Inc.
21 West Avenue
Spencerport, NY 14559
Copies to:
Jones Lang LaSalle Americas, Inc.
c/o Frontier California Inc.
260 Forbes Ave., Suite 1300
Pittsburgh, PA 15222
And:
Page I of5
Exhibit B: Master Lease
ITEM NO. 6.
Frontier Communications Corporation
805 Central Expres:sway South
Allen, TX 75013
Attn: Director Real Estate Services
3. Patriot Act Compliance. Each party shall talce any actions that may be required to comply with the terms of the USA Patriot Act of 20()1. '1S amended, any regUlations promulgl!.ted under the foregoing law, Executive Order No. 13224 on Terrorist Financing, any sancti<.)ns program administered by the U.S. Department of Treasury's Office of foreign Asset Control or Fii1ancial Crim.es Enforcement Network, or any other Jaws, regulations, executfve orde~ or government programs designed to oombat terrorism or money laundering, or the effect of any of the foregoing laws, regulations, order of programs, if applicable. on thii; L~e. Each party represents and wammt.s to the othet party that it is not an entity named on the List of Specially Designated Nationals and Blocked Persons maint:ained by the U.S. Department ofTr~ury, as last updated prior to the date of this Lease.
4. ~ffectiveness of Leas~,_ All tenns and provisions of the Lease shall remain in full force and effec4 except as expressly amended or modified hereby, and are her~by ratified and reaffinned. In the event of any inccnsistency between the provisions of this Amendment and the provisions of t11e Lease, the ptovisfons of this Amendment shall control.
5. Count~s .. and _ Facsimile. This Amendment may be executed in one or more counterparts, each of which sl1all be deemed an original but all of which taken together shall constitute one and the same instrum~t. The parties acknowledge the validity of signatures by facsimile.
ITEM NO. 6.
[N WITNESS WHEREOF, Landlord and Tenant have duly executed this Amendment as of the day and year first above written.
LANDLORD:
FRONTIER CALIFORNIA INC.,
a California corporation
By:~V111 MARK NIELSEN
Title: EVP., CHlEF LEGAL OFFICER
TENANT:
TOWN OF LOS GATOS,
a municipal corporation
By:~1·
AITEST:
::,re;1s ~::'. , --- Robert ihultz, To~ey
ITEM NO. 6.
EXHIBIT '~A"
ITEM NO. 6.
I
I
l
ITEM NO. 6.
CLERK. DEPARTMENT
AGR.!12.iZ (, :J. •
IHH Ql:JT~J;[iQ
ORD ____ - - ·- ----·- - -
THIRD AMENDMENT TO PARKING LOT LEASE REC
This Third A,menrlment to Parking Lot Lease ("Amendment") dated for~~-· -· -·-·----- purpose~ only. NQVt:mber ll. 2009. ls made by and betw'een by and between V~:l!On QJ.lifQrnia Inc., a Catlfomia corporation {"Landloid") and Thwn of Los ~s. a municipal coq>0ratio1' ("Tenant'').
RECITALS
A. Landlord and Tenant entered Into a Parking Lot Lease dal:ed May 28, 20021 as amend® ~Y that certain Finit Ameodm• ~. Parking Lot Lease dated Maroh.17. 2()0,, a.11d u further amende.d by that ocrtai.n Second Ammdment to J>arkJng Lot. uase-dated ~ber l O,. 2006 (u amended, the "~e") for a pomon of the property l~ at 15 Montebello Way, Los 01ltos, California.
B. The parties are now cntcrhlg into tbis Atmlndment to ~uoe tbe number of parking spaces 1eBBC4 by Tenant fiom sixty-four (64) pming spaces to aixt)'-onc (61) pl)'king l!Pllces and to make ~rtain addition.al modifications 10 die Lease as set forth hereh.i. All capitalized terms not defined hexein rilmll have the 11amo meaning they ~ given in tho Lease.
NOW. 'll-IERBF0Im, iil ~ol)si<Jeration of 'the mutual oovenants herein expreS!led and for other good and valuable consideration, the rc;eoipt and sufficien-cy ofwhi<;h are her~by acknowledged. Tenant and Landlord agree~ follows:
l. J.dmdl2m's.P@rking: Am; Ptemf,ses. The parties-ac,knowledge ~ agrf.C tha:t effective ps of December 1, 2009, LamdlQtti'a ~ad:mg Arca shall bo modified to include three (3) additional parking spaces and ~ ru:imbct <ll'Tcimmf11 perking B~ contained in the P'.remiscs shalt be reduce<J by i~ (3) parJdng ~ whi® puking 8p&CCS_ sblill be-reserved for Landlord's cxclus:i~ ~. Ae<:0rdlngly. ~ of Deccmbet 1> 2009, (i) the number ofTet11ruWs parkinti ap~ Within th~ Premises sbe.ll bo t:eduoed .from sixty-fout (~)parking~~ tc;, si,cty-()nc (61) .PAtldns spaces. (ii) Bxhtbit"A" (Dcpial:ion ofhcmiscs) atte.¢h~d to 1}le Lem$e sball be replaced and superseded with Exhibit "A" attached to ~ Amendment. $11d {ill) Exhibit "Bu (Depfotion of Landlord's Parking~) ~c.bed io the Lease (a:i modified by Bxhibit ":Sn attached to the S~nd A,me,idment to Parldng Lot Ll!asc (the "'r Amendment")) shall be replaced and superseded with Exhibit "B" attached to this ,Amendment Tenant slwl not'm,ake any l\'l<xlifications to the Premises,, including, without limitation, striping of parking spll~. without Landlord's prior written con,.qe11t
2. &mt. Commencing upon December l. 2009, the Base Rent set forth in Paragraph 2(11) of the Loose (as modified by Paragraph 3 oft.he 2114 Amendment) shall bo amended to read as fol!\1ws: ·
\10140643.2
Peri<ld
12/0l/2009-04fJ0/2014
05/0112014- 04/30/2019
Monthly Base Rent
$4,293.81
$4,937.87
EXHJBlTE
~~~
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ITEM NO. 6.
....
3. ~s. Landlord's notice addreas contained in Paragraph lS of the Lease (as modified by Paragraph 4 of the tori A.mMdment) ls hereby deleted in its entitety and replaced with the following: ·
Jones Ltmg LaSalle Americas. Inc.
do Verizon California ~c.
2200 West ~rlield Drive, Dock E
Dallas/Fort Worth Airport. TX 75261
4. Patri9t A« QlmnJi-. Each party &hall take any actio~s that my be required to comply with the terms of the USA Patriot A.et of 2001, as·amended, any regulations promulgated under the foregoing law, Executive Order No. 13224 on Ter.rorist Finmcln& any sanctions program administrated by the U.S. D~em of 'In:asurts Office of Foreign Asset Control or Finlm<}ia[ Crimes Enforoement Networlc, or any 0th.or laws, regulations, execu1ive-orders or government programs designed to combat terrorism or monoy laundering, <>r the effect of any of the foregoing laws. regulations, otdc.rs or programs, if applicable, on this Leno. Bac;h party represents and warrants k> the of.bet party that it tu m~t an entity named on the Liat of Specially Designalcd National& and Blookcd P4'111Qn& maint.tdmsd by the U.S. Depm:tment of'freamry, as last updated prior to the dl11e of this Lease •
. 5. Btfeet.ivencss of I,we. All terms and provisions of the Lease shall remain in full force and effect, except as expressly amended or modified hereby, and are hereby ratified and reaffirmed. In the event of any incoru1istency bmveen the provisiona of this Amendment and the provision,s of the Lease, the provisions of this Alnendroent shall control.
6. CQ.unterparts Md FAf§imllc. This Amendment may be executed in one ~r more counterparts. en.ch ofwhieh shall be deemed an original but all of which tak;en together shall conatitute one and the same instrutmmt. The parties acknowledge the validity of slgna~s by facsimile.
[R.EMAJNDER. OF PAOE INTENTIONALLY LBFT BLANK.)
\10140643.2
ITEM NO. 6.
,,
... . ,
IN WITNESS W'HEROOF, LatnUord and Tenant ~ve duly executed thi11 Amendment as of the day and year first awve written.
LMTJ)LORD~
VERIZON CALIFORNIA INC., a California eorj)Ol'iltion
By; -=---~ - ~
Ti11 ff) ~ ~f:/
APPROVED AS TO FORM
MoBUIREWOODS LLP
By:LJ.rfJ.,~
Date: t 1 /1-; I 2; CI09
TENANT:
TOWN OF LOS OATOS,
• municipal corporation
By: ~ · ~ .. - .-~
Title:fls:te.j GJ~ffiml~
By:·-,--------·
Title: _______ _
- ~AITES!: . ~ ·
~~.9.. -- -······
· . · as£ , Clerk Adn1foistrator
APPROVED AS TO FORM:
By:_ Qe. \C ::s
~rb, Town Attorney
ITEM NO. 6.
THIS SECOND AMENDMENT TO PARKING LOT LEASE ("this
Amendment''),_ made as of the t()tb day of October., 2006, between Verizon callfumla Tnc. ("Landlord") and TPWn oflAls Gatos ( .. Tenant').
A. Landlord and Ten!lllt are parties to a Puking Lot Lease (the "OrlgJnal · Lease'' dated May 28, 2002, as amended by that certain First Amendment to Parking Lot Lease (the "First Amendment'') dated MIO\':h 17. 2003 (the Original Lease and the First Amendment are hereinafter referred to as tm · ''uMt"}, plll'lluent to which Landlord .leases to Tenant tlnd Tenant hires from .Latidlord CCIWn propc;:fy' located at 15 Montebello Wa.y. Loa Oatoa, California (the ''PremlJCI"}, containing a total of seventy-one {71) parking spaces. tbirty-aevm (37) of which have been sublwed by Tenant to the U.S. Postal Service.
B. The partiea desire to amend the Lease in the manner hereinafter set forth. 'NOW;· T.BEJ.tEFORE, for good ·and valuable consideration., the receipt and sufficiency of which are h«eby acknowledged. the parties a~ as follows:
1. All terms used herein, but not defined herein,. shall have the meanings ascribed to ouch terms in .tho Lease.
2. Paragxaph 3(a) of the Original Lease and Paragraph 1 of the Fitst Amendment are hereby deleted in their entirety and Jqll~ with the following: ''Inftfal Term.
The tenn of this ~ (the ''Term") ahall commence on May l, 2004 (the "Commencement Date"), and shaU end on April 30, 2019 (the 'Tennmadon Date•?, un.lcs8 sooner terminated purEIUant to any provision hereof. subject to the terms of Paragraph 3(b) below.''
3. The Base Rent set forth in Paragraph 2(a) of the Originat Lease shalt be amended ta read a& follows: ·
br.l!l!!
S/1/04 - 10/31/06
11/1106 ~ 4/30/09
5/1/09-4130/14
S/1/14 - 4130/19
Mru!tb.ly B!J!e Rat
$4,.34S.84
$3,917.38
$4,504.98 ·
$5,180.72
4. The address for notices from Tenant to Landlord contained in Pamgmph 15 of the Original Le8se is hereby changed is herd)y chan~ to: Verizon Corporate Real Estate, 750 Canyon Drive, Mail Code: SV1l!Sl43, Coppell, TX 75019, Attn: u,ase Administration.
EXHIBIT D
1b~~
ITEM NO. 6.
.s. Landlord's .Paricins Attia (as d.efinc,d in 1be Oµgjnal ~ and depicted on Exhibits A and B attached to the Original Lease) iball be modified . to include seven (7) additiooat paddng apaces, as w~U as the dri~ay connecting the lower and upper paddng lots.
Bxhibil B attacheid to the Original Lcas4: is ~em,y deleted ~ replaced with &lu"b;it B a~ u,, this AmM!hnent, and the first senten~tf insldc of tho qumatioft .manes ii\ Paregraph 6 of the First Amendment is hen:by deleted Md replaced with fhe following: ·Landl~'a l"addng Area shall oonsist of the shaded area dop.icted on Rxhibit B ...
6. . Subject to the provm,ons o~ in Paragraph 3 of tb,e f'irst Amendment, Landlord ~ it' ils fiole cost md ~ install and maintain additional gates ()J1 {he PrcmiflCS, as shown OJ;l l?Jddbit B. · ·
· 7; : · Umdlord and Tenant tt;presont-and ~ to·eadi other that 11\e}' have not negotiated with any broker in CODIJl)CUC>Jl with lbjJ Agrcem.ein. Landlord and l\mant ~ that should
~
any ¢Jahn bei made ~ the other for i brok«~a commission, .findcr~a fee « similar by rci,ason of the aor.s of 8UCll party~ tho party upon wbose acts inch claim is pmticated shall indemnify and hold the other l*-fY hannless .from all losaes, costs, damag~ claims, If abilities 8ild expenses in connection ~th (including. but not limtted to. reasonable lega1 ~ and the cost ot f.lnibrdng this indemnity).
8. Bach of the parties •to ·tcprcaenta and warrants to the othtz that the person executing this ~t on ·bcbalf of 8UQb party bas the 1ull right, power and au1hority to enter into and ~ecute thi.s ~t en such party's behalf and 1b!lt flQ consent from ·aay other person or entity fo DeCt;:S~ as a condition ~t to tb.e J~ effect ofdus .Agrr:emtmt.
9. All prior un~s and agtoem.c:nts between the parties with respect to fbe·subject ~ of this Agreement arc JUOi'ged. within this Agrocmcnt. whteh alqnc, fuliy -.l oomp~ sets forth the uodcrstanding of the parties whb n,apcct thereto, ~ Agreement may not be changed or modified nor ma.y any of it& provisic:)os be waived orally ot in any miw.ner other than by ~ writing signed by the party against whom cmoroem.Mt of the cbange, moditloation or waiver i$ 8()\Jght. ·
10. Except aa h~n provided, the U'Al8C atld all or ita terms, w~ ~ conditions remain in Ml force and tffilC.t.
l l . The terms. covenants and conditions contained herein arc binding upon and inure to the benefit of the parties beRto and their h~, exeautors, administrators, s:uocesao:rs and assi8J19. .
(SIGNATURES APPEAR BELOW]
2 •••••••••••••~•••• •«•-••~•·- ••••••••••••~"' '' ---·---·---·--" '''""'' '•'•' v>,,>ffw•••• w•
ITEM NO. 6.
IN WITNESS WHEREOF, ~ partie., have duly executed this Amendment as of the date first above writ.ten.
LANDLORD: TENANT:
VERIZON CALIFORNIA INC. TOWN OF LOS GATOS
~~~ Title: .<!.Hrl1F:I/!': u~ .
APPROVED AS TO FORM.:
ATl'ltST:
C~l4~S67.2IOl9I06 0(:4!1 PM 3
ITEM NO. 6.
OFFICE Of THE ~'OWN CLERK
AGR_ru, 032.
llJH . . ORD ________ _
F!ltST AMEND~NT TO P~RKING LOT LEASEREC )( Rl!F:0.,2, /.l.3 Thls First Amendment to Parkiµg Lot Leas~ ("first Amendment") is .~ ... ·...,ip ... t.,_o..._th;;.;i .... s __,...,....... ____ 17th day of March, 2003 (the ''Effective Date .. } by and between Verizcn CaJ ifom1a Inc. · (''Landlord;') and Town of Los Gatos (''Tenanf'). ·
RECITALS
A. Landlord and Tenant entered into a Parking Lot l;ease (the "Leese") dated May 28, 2002 fo1 the property lqcated at 15 MontebeUo Way, Los <Jatos. California (the "Premises"), as more spcoificatly shown on Bx:hibit "A'' atta~ed to the Lease. n. Th~ ~ie!l 1;1re now enterixm into this First Amendment ("First Amendment'') to tease to mQdify 1he base as set forth h~rein. All ~pitaiized terms not defined herein shall tiave the same meaning they are given in the Lease.
NOW, THF.REFORE, in consideration of the mutual covenants herein expressed and for other good .nnd valuable ¢onsidetation, the receipt and sufficiency of which are hereby acknowledged, Te~ant e.nd Landlord agree as follows:
l. Tenn. The fir!$( sentence c:,f Section 3(a) of the Lea."le is hereby Jetete~ end replaced with the following: ·"The term of this Lease (the "Term"}.shaU commence on the date that occurs sixty (60) days after notice from Tenant to Landlord that Tenant is prepsted to commence construction of the Tenant Improvements (as defined in P~graph ,4 below), but in no event shall the Lease Tenn co.mmence on a date later than December I, 2003 ('the "Commtncement Date'')."
2. Sublease. Notwithstanding Section 7 of1he Lease to the cont~ry. Tenant shall be pconitted to sublellSe the Premises with L.andloTd's prior written oonsent, which shall not be unreasonably withheld, ~nditioned or delayed. In the event of any sublease, whether or not with Landlord's consent, Tcnan.t shall not be released or dischatgcil from any liability, whether past, present or future. Tenant's liability shnll remain primary, and in the event of default by :any s1,1btenanl of Tenant in perfonnance or observance of any of the covenants or c.onditiom of the Lease, Landlord may proceed directly against Tenant wi~out the DCCC!ISily of ex.hausting remedi~ agflinst ~i(l $Ublen~t.
3. Landlord's r•arking Arca. Tenant is pem1ittcd to open the gate to and make use of Landlord's Parking A~a for special events, including the Sunday farmer's Market iUld Montebello Way road closures, without Landlord's consent; bowcv~. upon notice from Landlord tn Tenant to cease and desist use of Landlord's Parking Area. Tenant shall immediately ~ase and desist from using Landlord's Parking Aten. Landlord may iive 'l'enanl notice to cease and desist utilizing Landlor.d'1.1 Porking Area in Landlord's $Ole discretion. When Tenant is utilizing Landlord's Parking At~. Tenant shall~ responsible for J...nndlord's Parking Area as if such area where part of the Premi.ses.
· 'I. Erreetlveneim or ~a:1e. All tenns and provisions of the Lease shnll r~mail\ in full foi.:e and effect, except as expre~sly amended or modified hereby, and are her~ ratified l.lnd 01101/0ISJ 7~53 J EXHIBITC
~~~Mr'
ITEM NO. 6.
reaffmned. In the event of any inconsistency between the provisions of this Amendment and the provisions of the Lease, the provisions of this Amendment shall control.
5. Counterparts and Facsimile. This Amendment may be CKecutcd in one or more counterparts, each of which shall be dee~d an original but all of which taken together shan constitute one and the same instrument. The parties acknowledge the validity of signatures by facsimile.
6. Exhibit C. Section l of the Lease entitled Minimwn Criteria for New Parking Improvements is hereby deleted and replaced with the following: "As sho'Wll on Exhibit A and Exhibit B, lhe Landloro's Parking Arca &hall e<>Jlllist of 1he area located within the bo12ndary of the Landlord's Parking Area as &hown on said Exhibits. The number of conforming parking spaces will be adjusted and constructed within the boundary based on specifica1ions and direction provided by 1he Landlord."
[REMAINDER OF PAGE lNTENTIONAI.LY LEFT BLANK)
Oll6Mlts3 7S953.3
·--------·------·-·-·-.. -·-""'·'
ITEM NO. 6.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement ns of the 17th day of March, ZOO).
LANDLORD:
VE.IUZON CALJFORNJA, INC., b)':
By;ffY-o/~/Z'=
~v~M1641fJ
Tltl~:
By:
---·-·-·--- ·· ·····- - ·· - Uusinesi. Addres,
APPROVtD AS TO FORM
TROY~GOULD
By: _Ji.~ - Date:~-----'-"--
TENA.NT:
TOWN OF LOS GATOS, bf:
RECOMMENDED BY:
Scott
~~ R. Seanuu,, Chi~f of Police
APPROVED AS TO FORM:
Ji.:o~y
ITEM NO. 6.
.<'· .mCE OF THE TOWN CI.ERK
AGR.(2 g , t/3
nm _______ _
PARKING LOT LEASE ORD ______ _
. mto
This Parking Lot Lease ("Lease") is entered into this 28th d9J.sif::'l(~Mi:o:r:-:::y:":"". "'20ffl"l"0:21""1("ftlli~e--- ''Effective Date,.) by and between Verizon California !De. ("Laudfffl"} a:ad % wu of Les Gates ('4Tenant").
1. Lease: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term. at the rental, and upon all of the conditions set forth herein, the property located at 15 Montebello Way. Los Gatos. California (the "Premises11), 11S more speeifically shown on Exhibit" A" attached hereto. Notwithstanding anything contained herein to the contrary, Landlord reserves for its use and for the use of its assignees, the parking area shown on Exhibit "B" attached hereto and incorporated herein by thls reference (the "Landlord's Parking Area; and the Premises shall not include Landlord's Parking Area. Landlord shall have use of· and access to Landlord,s Parking Area twenty-four hours a day, seven days a week. The Premises and Landlord's Parking Area shall be collectively referred to herein as the "Property."
2. Rent.
{a} Initial Term. On the :first day of each month, Tenant shall pay Landlord, as rent for the rights rtnd privileges granted in the Lease, the following amount ("Due Rent''):
Lease Yeaxs 1 through 5: $4,345.84 per month
Lell'.Se Years 6 through 10: $4,997.71 per month
Lease Years 11 through 15: $5,747.36 per month.
All costs and expenses which Tenant assmne~ agrees or is obligated to pay to Landlord under this Leare sbnll be deemed additional rent (which. together with the Base Rent is sometimes referred to as the "Rent''). Rent shfil1 be payable in Lawful money of the United States to Landlord at the address stated in the Paragraph 16 hereof, or to such other persons or at such other places as Landlord may designate in wri1i,ng.
(b) . Administrative Fee. Upon mutual ex.ecution of this Lease. Tenant shall pay Landlord nn administrative reimbursement fee equal to Six Tho~d Dollars ($6,000.00). (c) Utilities. Throughout the Term, Tenant shall pay directly for all utilities and services supplied to the Premises, inc)uding but not limited to water, gas, electricity, telephone, security and cleaning C>f the Premises, together with any taxes thereon. (d) PayMent of Taxes. Toe real property taxes applicable to the PremiS<'..s shall be paid by Landlord to the trucing authority. Tenant shall pay prl.or to delinquency all taxes assessed against and levied upon Tenant's fixtures, furnishings and all persoruil property of Tenant contained on the Premises.
(e) Lnte Pnyment Pcnaltir.s: If Tenant fails to make timely payment ofany sum it is obligated to pay to Landlord in acc.ordance with the terms and conditions of this Lease, Landlord, at its option and after fifteen (15) days' prior written notice to Tenant, may forthwith terminate this Lease and alJ rights of Tenant hereunder. Any late payment of the Rent will result OIIG71()lS3 60606.4
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ITEM NO. 6.
,.
in miditioruil administra~ive and p~g co~ bt!ing in~urred by Lsndloi;d. the exact amount of which would be exttemely difficult to determine, and it is agreed that w.jth ~ ther®> .._ J~ fee Qf ten percept (10%) of the ove.rdue ttmoum j~ a :reil$Qniible e:.timate thereoh.nd wm be payable by Tenant with regard to any ~nt not paid after fiftee~ (i 5) days' prior written notlce to Tenant that sµch amount is overdue. Additionally,. Tenant shall pay Landlord imer~ at 1he lower of the ~gh~t rate pem,utted by lJtw or ~ighteen p~~t (l ~~) per IUinum on the amount of any Rent or any other amounts not paid by Tenant, when due, from the date due and payable.
Tenant shtdl e1so·pay Llm,i;t.lo.rd such interest pn ~ . li:m.O\lllt of tmy payment made, and on the amount of i!!lY expenses incl!lding relUIOJ.18.ble attorneys' fees. bl~ by Landlord in connection with the taking of 11ny action to cure atty default by Tenant, from the, date of ma}dng any such. ~yment <>r the advanc~em of m,i~b., expenses by Landlord. Notwithstanding anything contained herein to tho contrary. in no event shall Landlord be en.ti1.led f.(.} te:rn:rlnaw·tbi.i) ~ for 1'enartt*s Mn-payment of Rent the fll'St tim_e any auch payment is late in any twelve (l2) month period so long as tenant pays such Rent within thirty (30) days of tt.ceipt of written notice from Landlord that such Rent is overdue. ·
3. Tenn.
(a) Initial. Term. Tbe_term o:ftJris ~~e (tlie .. Term") shall commence on the date ·that occurs sixty ( 60) days after notfoe :from Tenant to Lan4tord t4at T('n,ant is prepared 10 commence ccmstruc#on of the Tenertt hnprovements (as defined in Paragraph 4 below), but in no event shali the Lease Te.rm commence on a date 1ater than December 1, 200:2 (the · "Commencement Date"). The Lease $hall temrlnate on that date that occurs fifteen years after the Commencement Date (the 11TerQ1.inatlon Date11)~ unless sooner termiruit.cd pursuant to .ftllY provision h~~ and subJ~t Jo the tenns of P&1lgtaph 3(b) below. (b) Extension Option. Notwitbsta.-r:i.ding anything contained in Paragraph 3(a) to the contrary, Tenant shall have one opti~n to ext~d 1he Tertn for a period of five yea~. No later than three months ptior to the 'f c:;nnmation Date, Tenant shall give Landlord writteQ. n,Qtice that it is exercising Hs optio~ to ext~d the Lease Term. The Rent for the &;tension Option shall be equal to the fair ttlatket rent fot comparable space in the Town of Los Gatos. Caiifomia. (e) Termination Oftioo. Either party may elect to ttmnina1e this Lease effectiv~ anytim~ after the sixtietb (60t ') month of the !"rm by prpvid.ing no less than one huntlred mid eighty (l 80) days prior written notioe to the other party.
4. Tenant i.mprovement&. At Ten.ant's sole oost and expense. oµ th~ Commencement Date. Tenant shaU commence eqnstruetioij of new parking improvements ou the Property in accordance with the terms mid conditions ofthls Lease and pet the diagram attached Mreto as Exhibit ''B" and incol'J>C)rated herein by this ref~ee (tbe 4.'enant lmprovementsj.
The Tt::nant Improvements peing constructed on Landlord's Parking A.tea shall be completed by Tenant no later than two (2) mtmths after the CommencementDnte. The ·tenant Improvements being constructed on the P.remises shall be completed no later than six (6) Ihonths after the Commencement Date.
••• --- ·,_,,,,,,, __ ,--,.,,,_...,..,_.,. _____ _ ~•-.""''·'-.W,,,ON~,---·-------- ---N••~-.. ~-·••,--••••••••-•••• •• oo,••-•••••••·-·----·•••••-••·------·•••-••-•-- ·•••-•••••••---•·- --·•••••·-·-• •••••••••---··- -- - ·w--·--•-.••••v•"'"'-""
ITEM NO. 6.
(a) Procedures for [mprovements. Tenant sb'11J construet and build out the new parking improvements on the Property at it.s sole cost and ex.peme. Tenant shall conduct its own bidding process and shru.I use its selected construction manager. general contractor, and t,.'Ubconiractors to coordinate and manage the demolition and construction process. tandlord shall have no obligations to perform nny work or provide any services in the construction of the Tenant Improvements. Tenant's construction shall be made (a) m accordance with plans and specifications prepartid by Tenant end approved. in writing by Landlord in accordence with Paragraph 4(b) below; (b) in a diligent and good, workmanlike matter, with all new materials; and, (c) in accordance with all applicable laws, mlcs, regulations, ordinances, directives, covenants, easements, zoning and land use regu1aijon.s, and restrictions cf record, permits, building codes. and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation. the Ameri~ with Disabilities Act and Jaws regulating Ha7.ardous Materials) (eollectivdy "Laws"). At a mini.mum. Tenant's plans and specifications must include the ~reria set forth on Exhibit "C." attached hereto and incorporated herein by this reference. (b) Plans and Specifications. Prior to commencing the construct.ion of the Tenant lmprovements, Tenant shalt submit to Landlord for approval copie.s of the Teoant•s p]ans and specifications for such Tenant Improvements. Landlord shall review the plans and specifications within twenty (20) days after receipt from Tenant and shall either (a) advise Tenant of its &_ppn:.lval~ or (b) advise Tenant of its disapproval specifying the required changes or modifications to the plans and specifications. Landlord shell not UilteaSOnably withhold its approval. Tenant shall make any changes or modifications reasonably n:guircd by Landlord and submit the modified ploos e.nd ~fications to Landlord for approval. Landtord•s approval of the plans and specifications shall be evidenced by Landlord's initials on each page of the fmal plans and specifications. No modifications or revisions to the plans and specificatiom, except changes or modifications required by an authorized public official to bring the Tenant Improvements in compliance with Jpplicabte Laws. shall be .made,without Landlord's prior written a_pproval. Landlord's approval of the pl,ans and specificatjons shall not (a) be deemed or construed as its approv-1 of en~g design or integrity; or (b) create any responsibility or liability on the part of the Landlord fot 1heir completeness, design sufficiency or compliance with all Laws or this Lea....e.
(c) Ownenhip of Tenant lmprovemenb. Upon completion of the Tenant Improvements, ownership of such Tenant Improvementa shall pass to Landlord without any lien of any kind. Tenant shall execute any and all documents reaspnably re~ by Landlord to confinn Landlord's ownership of such Tenant Improvements. (d) Liens. Tenant shall not allow on or permit to be enforced agoinst the Property or Tenant Improvements or any part thereof any mechanic's~ materialmen's, con'll'actor's or subcontractor's liens arising from any work of construction~ repair, restoration. replncemcnt or improvement on the Property, including the initial making of the Tenant Improvements. Tenant shall pay or cause to be paid all such liens, claims or demands before any action is brought to enforce them against the Property. Timant agrees to indemnify and hold Landlord e.nd the Property free and harmless from all liability for all such liens. claims o:nd 01167/0 IS1 60606.4 4
···--·~·~,.,·---·--·--·--·------------------------------·
ITEM NO. 6.
<lem.ands, ti;>g~ with reasonable atto~iJ' f~s and costs. im.:utred by Landlord in negotiating. settling, defending, and otherwise protecting against such liens, claims. and demands. . (e) T~mpq~l"f Parking. At an ~e periods dµring the ~nstruction of th¢ new parking improvements on th.e Propmy, Tenant shall provide Landlord wi1h no less than eleven { 11) reserved patking spaces on the ·property in a lo~tion that is safe from construction debris and dama~e. ·
s. Compliance with Law. Tenant s~ at T~t's sole e,cpense, comply promptly with all f edeml, state and Joce.i statutes, ordinancest niles, regulati~, orders, and requirements, as well as all covenants 8.t)d ™1rlctions of record in effea during the term, including any rC$1rictions impQsed by any govemmenta.J 11gency hav.ingjuru;djction ove.r the Propcify and any recorded covenants. conditions, and restrictions or easements .regulating the use or occu~cy by Tena.nt. or any other party, of the Pr~mise,s or the Ttmant Im.provements. or the undertaki.rig of any Tenant hnprovcments (collectively, the "Laws").
6. Condition of the Premises/Maintenance. The Premises are being delivered to Tenant in their~ "AS lS" condition without representation or ·warranty of any kind by ~lord or any agent or employee ofLandfor~t ';[bro1,1ghout the Tenn of 1}µ$ ~~. T~~ant shtUJ mainta.in the Premi$es, including every p~rt thereof. and all building systems servicing the Premises in good order, condition an.d repair and in compliance wi1h '1.11 Laws.
7. Rigb(s Non· Tr~naferabl~. This Lease and the rights granted herein arc personal to Tenant and Tenm:it shall not assign, convey. or otherwise tr~er ~d Lease or J.tQY Qf the rights granted ~rein in eny r.ttatwer whatsoever wit,h.out Landlord's prior written consent. Any attelp}rt by Tenant to do so shall be nun and void at.1d. l}.t Landlotd's ¢leetioll, ~~ c;:onstitute a materiij} defa:u}f hereunder,
8. Ten=-nt Ind~nUication. Bx~p1 to 1.be extent su~ claims arise out of Landlo.rd's gross negligence or :intentionai misconduct, T~t shall in~. defend and Jwld hw:ml¢iis LandJord and its parent. subsidumes~ affi1i$es and eiu:h of their respective directors. officers, agent$. servants and employees (the ''LaJtdJ()J'd Pan.lei) from and Qgainst any ~d !tll claims arising from or in comieetion with (a) the Premises or of any business therein or any work or ~ng wh~o¢ver done, or any conditic>n created m. on or about the Premises during the Tenn or during the period of time, if any, prior to the Commencement Date that Tenant may have been given access to the Premises; (b) lli1y act, ·omission or negligence of Tenant Pr ~Y of its agents, employees or invitees or its or their partners, joint ventuters, directors. officers,. agents, employees or co~fr~~; (e) any ~ident, injury or damage occumng in the P~nii~; and (d) any breach or default by l'ennnt in the full and prompt payment and performance of Tenant's obligatjons un(!~ thj~ L,cuse, Tenant's obligation fo indemnify sbaJJ also •~~lude all ¢<>$ts, expenses and liabilities incurred in or in connection with each such daim or actio.n or proceeding brought the~n. inclucling wit~out limitatioJJ., li!ll ~oqiey's fees, expert fees anq expenses, 1n case any action or proceeding is brought against the Landlord Parties or MY of th.em by reason of su¢h cl~m. Tenant up<m notice from Landlord sball ~ist ~ defend sµch action or proceeding by counsel reiwonably satisfactory to Landlord.
OJ 10710l 53 60606.4 5
. _________ .. ,, __ .............................. .
ITEM NO. 6.
9. Release. Except in the evwt of Landlord's gross negligence or intentional misconduct, Landlord and the Landlord Parties shall not be Jiable to or respot1S:1ole for~ and Tenant hereby releases Landlord and the Landlord Parties from all liability and responsibility to Tenant and any person claiming by, through or under Tennn~, by way of subrogation, for any iajury, loss or damag-e to ~y person or property in the Premises or to Tenant's business irrespective of the cause of sucli injury, Joss or damage. Nothing herein shall be construed to impose any other or greater liability upon Landlord than would have existed in the absence of this provision.
10. Hazardou1 Material!.
(a) Reporiable Uses ~equire Consent. The term "Hazardous Material" as used in this Lease shall mean any :product. substance, chemical, ma:terlal or waste whose presence, nature. quantity or intensity of existence, use, manufactur~ disposal. transportation, spill, release or effect, either by itself or in combination with other materials present on or expected to be on the Premises, is: {i) potentially injurious to the public health; safety or welfare, the environment, or the Premises; (ii') reglllated or monitored by any governmental authority~ or (iii) a basis for potential liability of Landlord to any govemmcnttl agency or third party under any applicable statute or common law theory. Hazardous MatmiaJ shwl inciude, but not be limited to, hydrocarbonst petroleum, gasoline, asbestos, crude oil or any products or by-products thereof.
(b) Environmental ludemnite~. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all claims, judgments, dmnages, penaltiest fines, costs, liabilities or losses (including. without limitation, diminution in value of the Premises, and sums paid in settlement of claims, reasonable attorneys• fees, consultant fees and expert fees} (coJlectively, ''CJabns") that alise as a result of1he presence of any Hazardous Material in. on, under or about the Premises to the extent that such Claims result ftmn the pre$ence of any Hazardous Material that was introduced onto the Premises by Landlord. Tenant agrees to indemnify, defend and hold Landlord haunless from and against any and all Claims which arise as a resuit of the presence of any Hazardo\1$ Material in. on, or under or about the Premises to the extent that web Claims result from the presence of any }Iaza:rdaus Material that was introduced onto the Premises by Tenant or during the Term of this Lease. The pw:ties agree 1hat this Paragraph shall survive the termination of this Lease.
J l. Insurance.
(a) Liability Insurance. Tenant shall obtain and keep in force during the Term of this Lease a Commercial Gen,eral Liability policy of insurance protecting Tenant.
Landlord and any Lender(s) whose names have been provided to Tenant in writing (as additional insmeds) against claims for bodily injury, personal injury and property damage based upon, involving or arising out of the ownership, use, occupancy or mo.intertance of the Premises and all areas appurtenant thereto. Such insurance shall be on an OCCWTence basis providing single limit covemge in an amount no1 less than $2,000,000 pet occurrence. The policy :4h.all not contain any intra~inSUI't,'<l exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "Insured Contract" for the performance of Tenant's indemnity obligations under this Lease. The limits of .said insurance required by this Lease or as 01107/0ISJ 60606..4 6
- --·-··--·-·- --·
ITEM NO. 6.
carried by T~t !!hall not. however, Jimit the liability of Tenant nor relieve T~ant of any obligation hereundc:t.
(b) Property Iniluranct. Tenant shall obtain and keep in force during the Term <:>fthis Lease~ policy or policies in the name ~f Tenw.it. wilh loss payable to Landlord, insuring ~gainst loss or d11:I.JU1ge to the structures, including, but not limited to, the TCQant Improv-em¢nts7 on the Property. Such insurance shall be for the full ~cement cost, as the same slm.11 exist from time to time. Tenant's policy or policies shall insure~ all risks of direct physicat loss or damage (except the perils of flood and earthquake unless mcluded in the Base Pretnillin), including coverage for any additional costs resulting from debris mno~l and reasonable ~ounts of cqverage for the enforcement of any ordinance or law regulating the reconstruction or replacement ()feny undamage.d sectic,ns of any structure reqµired to be de.moli!lbed or rem:()Ved by reason of the enforcement of any building, 20:ning~ safety or land use laws as the result of a covel'ed loss1 but not including plate glass insurance. Said _poljcy ot policies shall also contain an agreed va1uation prtmsion in lieu of any oo·insurance clause. waiver of subrogation. and inflation guard protection causing an increase in th~ 41n.nuaJ property insunmce eovctligo amount by a factor o.f riot less~µ, the adjusted U.S. Department of Labor ConBumet Price ~ex for All Urban Consumers for the city nea.reat to where the Premises are located.
(c) Insurance PoJlties. Insurance .required hereunder shall be in companie..ct duly licensed to transact business in the state where the Premises are located, and maintaining during the poli<-"Y renn e "General Policyholders Rating" of at leut B+, V, as sci forth in the most current issue of 'Best·$ Insurance Guide.' Tez.wit shall not do or permit to be done anydnng which shall invalidate ·the insurance poJicics referred to in this Paragraph. Tenant shall cause to be delivered to Landlord, within thirty (30) ~ays after the! Comment:Mlent Date. certificates evidMcing the exiBtence tmd amounts of, the insurance required under P~agr1_1ph, No later than (30) days after the expiration of the policjcs, Teoa,nt ~all furrdsb Landlord with evidepce of renewalS; or Lan<llord may order ·such insurance and charge the cost theteo;f'to Tenant, which IUllOWlt shall be payable by Tenant to Landlord upop demand. Notwithstanding a.nytbing conta.iJted herein to 1},te conu-ary, Tenant shall be permitted to provide the insurance coverage reqwred in this Lease via a self.;insunQ1ce pool of municipalities (the "ABAG Planj so long as the ABAG Plan h.as a 11et worth equal to or greater than $10;000,000. ( d) Wsdvf.!r of' Subrogation. WitbouJ affecting any other ri_g~ts or remediei;..
Tenant and Landlord each h~y release and relieve the other. and waive their entire right to recover dam.ages (whether in contract or in ton) against 1he other, f~ 1QS$ or damage to their property arising out of or incid~t t(> the pe;rils requfred to be insured a2ainst under P.ar~h.
The effect of suc;b re~ses and waivers of the right to recover dain!tges shall not be limite4 by the ~ount of insurance carried 01 required or by any deductibles applicable thereto. Laodlord and Tenant agr.ee to have their respective insurance companies i..q,'l\ljng p.!Qperly damage insurance waive any right to subrbg~oli that such companies may have against Landlonl or Tenant, as the~ may be, so long as the insurance js not invruidated thereby. 01107/0153 60606,4 7
ITEM NO. 6.
12. lnterrup1ion of Use: Except in the event of Landlord's gross negligence or intentional misconduct, Landlord shall not be liable to Tenant for any interruption of Tenant's use of the rights granted hereunder resulting from any cause.
13. Default and Remedies.
(a) Default. The occurrence of any one or more of the following events shall constitut.e a default and breach of 1his Lease by Tenant:
(1) If Tenant abandons or vacates the Premises; or
(2) If Tenant fails to pay ,my ~tor any other charges required to be paid by Tenant under this Lease and such failure continues for ten (10) days after such payment is due and payable; or
(3) If Tenant fails to promptly and fully perform any other covenant. condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or ( 4) If a writ of attachment or execution is levied on this Lease or on any of Temmt's property; or
(5) lf Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or ad)ustment with its creditors; or (6) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other in.-rolvency laws is filed and not withdrawn or dismissed within forty-five (45) dijys thereafter, or if under the provisions of any Jaw providing for reorganization or winding up of corporations, ~y court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or c.ontrol remains in force unrelinquished, unstayed or unterminated fura period of forty-five {45) days; or
(7) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or c;ustodian is appointed to tnke charge of the Premises or Tenant's property (or has the authority to do so) for the pm:pose of enforcing a lien against the Premises or Tenant's property.
Arty written notice of default 'based upon Tenant's failure to pay Rent or any other charges under the Lease which is given by Landlord pursuant to lhis Paragraph shall also oonstitute a notice to pay rent or quit pu~t to any applicable unlawful detainer statute, provided that such notice is served in accotdance with the provisions of any such statute. (b) Remedies, ln the event of Tenant's default hereunder, then in addition to any other rights Qr remedies Landlord mny have under any Jaw. Landlord shall have the right, at Landlon.J•s option. without further notice or demand of any kind to do the following:
01101/0153 60606.4 8
·-·····--·-- ···--··---·----
ITEM NO. 6.
(t) Terminate this Lease and Tenant's right to possession of the Premises and reentet the Premises snd t~ possession thereof, and Tenant shall have no fur-th.er claim to the P~ or µn~r this Leas~; or
(2) Continue this Lease in effect, :reenter and. occupy the Premises for the-account of Tenant, and coUect ~y unpaid Rent or other charges which have or thereafter become due and payable; or · ·
(3) R~ter th.e.Pl'.CIIDSCS un•r the provisions of subparagraph 2, and thereafter electro termi~ this Lease and tenant'~ right to po$sessicn of the Premises.
If Landlord reenters the Premis~ un~ the provisions of subparagtaphs 2 or 3 above, Landlord sball not be deemed to have ttrtninated this Lease or the obligation of Te.na,nt to pay any Rent or other charges thereafter accruing, µnle$$ LandJm:d notifies Tenant in writing of Landlord's ele.ction to termino.tc this Leue. In 'the event uf JllY rec,mtry or~ of posse$SI"on by Landlord, Landlord sllall have the right but not the dbligation. to remove all or any part of Tenant's property in the Premises and to place s.ucb property in i,torage at a public warc.boµse .at ) th~ expense and risk QfTenant. Jf Laodlord elects to relet tl1C ~ fQr the ~llnt of Tenant, the rent n;ceived by Landlord from sutb ~letting ~ be applied as follows: first. tQ th~ payment of any indebtedness other than Rent due hereunder .rrQtn Tenant tQ Landlord; second, to the payment of any costs of sucb teletting; third; .to the payment of the cost of any alterations or repairs to the Premises; fourth to the payment ofRCJ'.lt due 8,lld \lllpaid hereunder; and the halan~. if any, shall be held ~ Landlord and applied in payment of future Rent~ it becomes due. lf that portion of rent received from the ~~ which i$ 11-ppli~ against the llent due hereunder is less than the ~ount of the Rent due, Tenant shali also pay to Landlbrd, as w<m as determined. ~y costs and expenses inc'lUl'cd by J.,andlord 41 connf:Ction with such reletting or in ma.king alterations and repairs to 1he PJ'tmises. which are not covered by the rent received fr():in the reletting.
Should Landlord elect to t.emiinate tbis 1,eaS,e under .the provisions of subparegraph l or 3 above, Landlord may recover as damages from Tenant Ul.e following:
(1) Past Rent~ Theworth~tthe 1jme of the award of any unpaid Rent which had been~ at the time; oftennination; plus
(2) Rent Prior to A ward. lne worth ai the time of the award of the amouni by which the unpaid Renl which would have. been earned after termination until 1}le tune ot award exceeds the amount of such r<mtal loss that Tenant pro~ cottld have been reasonably avoided; plus
('.3) Rent After Award. The worth at the time 9f th~ &ward of the amount by which the unpaid Rent for the fuihmee o:fthe Term after the tim~ of award exceeds the amount of the rental loss that Tenant proves could be reasonably ~void~ plus 01101/0153 60606.4 9
ITEM NO. 6.
(4) Proximately Caused Damages. Any other amount necessary to compensate Landlord for all detriment proxbnately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be lilcdy to result therefrom, including. but not limited to, any costs or expenses (including attorneys' fees). incurred by Landlord in (a) retaking poss~sion of the Premises, (b) maintaining the Premises after Tenant•s default, (c) preparing the Premises for reletti.ng to a new tenant, including any repairs or alterations> and (d) reletting the Premises, including broker's commissions. "The worth at the time of the award" as used in subparagrapbs (1) and (2) above, is to be computed by allowing interest rrt the rate of ten percent {l 0%) ~r annum. "The worth at the time ofthe award" as used in subparagraph (3) above, is to be computed by discounting the . amount at the discount rate of the Federal Reservt Bank situated nearest to the Premises at the time of the a~d pl"!JS one percent (1%).
The waiver by LandlQrd of nny breach of any term, cov~nant or condition of this Lease shall not be deemed a waiver of such term, covenant or condition or of any subsequent breech of the same or any other te~ covenant or condition. Acceptance of Rent by Landlord subsequent to any breach hereof shall not be deemed -a \YfflVer of any preceding breach other than the failure to pay the particular Rent so accepted, regardless of Landlord's knowledge of any breach at the time of such acceptance of Rent. Landlord shall not be deemed to have waived any term, covenant or condition unless Landlord gives Tenant written notice of such waiver. No remedy or election hereunder shnll be deemed exclusive but $ha11, wherever possible. be cumulative with all other remedies at law or in equity.
14. Signage. Tenant may insmll signage on the Premises, at its sole costs and expense, subject to Landlord's prior written approval (not to be unreasonably withheld) of the drawings, plans and specifications for such signage. Notwithstanding the foregoing to the contrary, Tenant shall only be entitled to install signage on the Premises tha:t complies with all Laws.
15. Real Estate Brokers. The folloWing brokerage relationship exists in this transaction and is approved by the parties: Cushman & Wakefield of California represents Landlord exclusively {''Landlord's Brok~r''). Upon complete execution of this Lease by the parties, 'Landlord shall pay Tenant's Broker a C9~ssion based upon a se~ agreement between Landlord1s Broker and Landloro for brokerage services rendered by Landlord's Broker in connection with this tmnsaction. Tenant and Landlord each represent and warn.mt to the other that it bas had no dealings with any person, firm, broker or finder other than the Landlord's Broker in connection vvitb the negotiation of this Lease and the consummation of the transaction contemplated hereby, and that no brokm' or other person, flan or entity other than the Landlord's Broker is entitled to any commission or finder's fee in connection with said transaction. Tenant and Landlord do each hereby agree to indemnify, protect,· defend and ho]d the other harmless from and against liability for compcruiatiop. or c1wges which may be claimed by any such unnamed broker, fmder or other similar party by reason of any dealings or actions of the indemnifying party, including any costs, expenses. and attorneys• fees reasonably incurred with respect thereto.
01101/0153 60006.~ 10
1
ITEM NO. 6.
16, Notices. All n.oticcs ~uirccl or pennitted by this Agreement smul be~ writing and may be delivered in person (by band or by trt~~i' or courier service) or may be sent by regular, certified or registeted mail or U.S. PostaJ SClV;ice ~~s Ma:,l, witll po~ge prepaid, or by faesi.miJC' transmissiO.t) duting l)Oiillal ~e$S hours; and shall be deemed suflicicn~y givet1 u scr:ved in a. manner specified in thitl Paragraph. Tht: following ad!kess smill be lJlied for notices to Lan\'llotd: Verizon California Inc.~ r/o Corporate Real Estatt.112 Lakeview Canyo~ · Mailoode: CA500CW. Thousand Oaks, CA 913(;2. The following address shall be use4 for noti~ to Tenant: Town Manager. l 10 E. Main S~et, P.O.~ 9:49, Los Oatoa. CA 9S0.31.
Any notict i!ent by regi8tered or ccrtifie4 mail. return receipt requested, shall bed~ given on 1he date of delivery shown on the recei,Pt ~a,(j, o.r if no ddivezy date is. shown, the postmark thereon. lf sem by regµ)ar nuut. the nouc~ shall be deemed given forty-eight ( ~) hom'B tifte.t the same is addressed as recp1ired herein and mailed with p<>stage prepaid:· Notices delivere,d by Unned States Expr~ Mail or overnight courier that guarantees next day delivery smill be · deemed given twenty-fOl;ll' (24) hotlt'S after delivery of the same to the United States Postal Service or courier. If eny notice is transmitted by facsimile ~ansmission ()t sinu'Tur means. the same shall be deemed served or delivered upon teleP.hone or fac:simile oo~on ()f receipt of the transmission thereo( provided a copy is also delivered vi8 delivery or mail. If notice is ~lved on a Saturday ot a Sunday or a legal holiday. it shall be d~eii received on the next l:nwnessday
17. No Right To Holdover. Tenant has no right to retain possession of the Premises or lln)' part thereof beyond the expiration ot earlier tenrunntion of this Lease llllless the parties are negotiating a new lease or lease extension i'n good faith. In the event that the parties are not in the process ofnegotiating a new lease or le~ extension in good fai~ Tenant. holds over in vfolation oftWs Paragraph 17 then the Base Rent the~ tn effe¢ payable from and eftet the time of the expiration or earlier tem:rination of this Least\ shall be inereased to two hund!'ed ~nt (200%) of the Base Rent applicable daring the month immediately preceding sueh expiration or earlier termination.
18. Attorneys' Fees .. If any party brings an action or proceeding to enfQrce the term$. hereof or dee!~ rights hereunder, the Prevailjng Party in any such .l)toeecdiug, ~on. or ·appeal thereon, shall be entitl~ to rei:isonablc att;c,neys' fees. Such fetS may be awarded in the same suit or recovered in a separate suit. whether qr 1wt $ucl:i action 91' J)i'Octeding fapUrsUed to decision or judgment. The term .. PrevaUing Party" shall include, without Hmits.tio~ a ~ who sllbstantially obtains or defeats the rtli~f$0ught, as 1he case may be, whether by oomprotnisc, settlement, jud~ent. or the abandonment by the other party of its claim or defense.
The attorneys' f~ 11wurd sbail not be computed in accordance with any court fu(s schedule. but shall be such as to fully reimbUrSe all attorneys• fees reasonably incurred.
J 9. PUC Approval. Notwithstanding anything to the contrary contained in the Leas~, the Lease shall not commence until and sbflU be 'contingent Upot) ob'qlining fmal approval of the Lease by the California Public Utilities Commission ('iPUC'') on tenns ~ptable to Landlord in Landlord's sole disa:etion ('-PUC Approval ... ). Until Sl!c.b time, if any, that the PUC Approval is obtained, tpe Lease sha,11 not be d~ed tQ gram, demise, transfer or otherwise convey to Tenant any righ1, title or interest whfJ~oever to any pbrtion of the Premises. 01107/0153 ~06.4 11
.k
ITEM NO. 6.
20. Interpretation and Modification. Any confijct between the printed provisions of this Lease and 1he typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. Preparation of this~ by either Landlord or Tenant or Landlord's agent or Tenant's agent and submission of same to Tenant or .Landlord shall not be d~ed an offer to lease. This Lease is not intended to be blnding witil executed and dclivered by all parties hereto. This Lease may be modified only in wriµng. signed by the patties in interest at the ti.me of the modification. This Lease was drafted by buth parties to the transaction; therefore, neither party shall be consttucd as the drafter or author of this Lease for purposes of interpreting any provision hereof. Except as otherwise expressly provided ht.rein, if more Ulan <>ne person or entity is named herein u either Lan~lotd or Tfflant, the obligations of such multiple parties soo11 be the joint and seveml responsibility of all persons or entities named herein as such Landlord or Tenant. The captions, headings and titles in this Lease are solely for convenience of~ and shall not a:ffect its interpretution. The invalidity of any provision of this J\,g:rccment. as determined by a court of (:Ortlpetent jurisdiction. shall in no way affect the validity of any other provision hereof.
2 t . Authority. It any signatory hereto is a corporation. trust. general or limited partnership or other legal entity, each individual executing this Lease on bebnlf of such entity represents and warrants that he o:r she is duty authori?.ed to execute and deliver this Lease on its behalf.
22. Binding Effect; Choice of Law. This Lease shall be binding upon the parties. their personal representatives. successom and assigns mid be (sOVerned by the laws of the State of California. Any litigation between the parties hereto concerning this Lease shall be initiated in the <i0unty in which the Premi,~es ere located and be governed by the laws of the State of California.
23. Entire Agreement. This Lease. together with its exhibits, contains all agreements of the parties to this Lease and supersedes any previous negotiat;ions. Th~e have boon no representations made by either party or understandings ~de between 1he parties other than those set forth in this Lease and its exiu"bits. · This I.ease may not be 1-uodified ~ by a written instrument duly executed by the parties to this Lease.
LANDLORD: TENANT:
By:_
TITLE: ___ ______ ,,. ____ ············-·····-···-·---·- By:
TITLE: ___ .. --··
12 ················--··---···-······· ·····················-··-································--······-··· ····-·······-·--·---··-·······---···---·---·-········--··---
ITEM NO. 6.
IN~ WINE S WHEREOF, the partie8 hereto have executed this Agreement as ofthc~y of .. __ ,2~
I
LANDLORD: TENANT:
VERIZON CALIFORNIA, INC., by: TOWN OF Los GATOS, by:
By:
Ti1le:
By:
Title:
APPROVED AS TO FORM:
?.~-----
Business Addreos
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ITEM NO. 6.
See attnehed.
01107/0IS3 6M06.4
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EXIDBIT A
THE PREMISES
ITEM NO. 6.
.,
ITEM NO. 6.
•. ~ '
See attached.
OH07/0l53 60606.<I
EXHIBITB
DIAGRAM OF NEW.PARKING IMPROVEMENTS TO BE
CONSTRUCfED BY TENANT
ITEM NO. 6.
.
. '
----------------- Page 91
ITEM NO. 6.
.. ..
. ·' . .,
EXH1BITC
MINIMUM CRJTERIA FOR NEW PARKING IMPROVEMENTS
1. As shown on Exhibit A, Landlord's Parking Area shalt, at a minimum, consist of the following: (a) two (2) fi:lleen foot oversized parking spaces; (b) one (l} ADA compliant parking spaoe; (c) eight (8) standard ten foot parking spaces; (d) a loading zone; and (e) an area for a trash dumpster.
2. Tenant shalI construct a six-foot (6') high fence enclosing Landlord's Par.king Area.
3. Tenant shall construct two gates to provide ingress/ egre.,s to Landlord's Parking Area, consisting of, at a minimum: ·
A. One 6-foot high "Roller Oate" and
B. One motoriwd 6-foot high and 15-foot wide main gate on Montebello Way.
4. Tenant shall install a vehicle detector on OT near the interior portion of the main gate located on Montebello Way for exiting vehicles.
5. Tenant shall install a card reader on or near the exterior portion. of the main gate locnted on Montebello Wa.y to allow admission of vehicles entering the parking area.
6. , Tenant shall install (a) a 5 .. foot "Pedestrian Gate., will be installed on Montebello Way; nnd (b) a 24-foot "New Gate" f.o limit access to the Ramp to Lower Level.
7. Tenant shall relocate the existing Verizo1' telephon.e/c.ard reader currently located at the front entrance of the Verizon-owned butlding to an area near the Pedestrian Oate on Montebello way.
8. Tenant shall install and maintain, at Tenant's sole cost and expense, new landscaping and irrigation systems for the Premises.
9. Tenant shall install and maintaillt at Tenant's sole co.qt and expense, all necessary and required lighting associated with the Premises.
01107/0ISJ 60(.06.4
ITEM NO. 6.
1 LANDLORD CONSENT, RECOGNITION AND NON-DISTURBANCE AGREEMENT This Landlord Consent, Recognition and Non-Disturbance Agreement is made by and among _______________________, a _______________, with an address of _____________________ (“Prime Landlord”), _________________, a _______________ (“Landlord”), and the United States Postal Service, an independent establishment of the Executive Branch of the government of the United States (“USPS”).
WHEREAS, Prime Landlord, as lessor, and Landlord, as lessee, entered into that certain Lease dated March 28, 2002, a copy of which is attached hereto as Exhibit B (the “Prime Lease”) for the lease of 35 exclusive parking spaces located at 15 Montebello Way, as more particularly described therein (the “Premises”) owned by Prime Landlord.
WHEREAS, Landlord desires to lease the Premises to USPS, and requests that Prime Landlord consent to and recognize such lease and provide non-disturbance protection to USPS.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Prime Landlord agrees as follows:
1. Recognition and Consent. Prime Landlord hereby consents to the lease between Landlord and USPS, a copy of which is attached hereto as Sub - Ground Lease and incorporated herein by this reference (the “USPS Lease”). Prime Landlord’s recognition of, and consent to, the USPS Lease shall not release Landlord of its obligations under the Prime Lease or alter the primary liability of Landlord to pay the rent and perform and comply with all of its other obligations under the Prime Lease.
2. Non-Disturbance. Notwithstanding anything to the contrary contained in the Prime Lease, in the event of (i) a termination or cancellation of the Prime Lease for any reason (including without limitation non-renewal of the Prime Lease for any reason during the term of the Prime Lease), (ii) the surrender of the Prime Lease, whether voluntary, involuntary or by operation of law, or (iii) the rejection of the Prime Lease in any bankruptcy action by Landlord prior to the expiration date of the Prime Lease, including any exercised extensions and renewals of the Prime Lease, then, Prime Landlord shall recognize and keep in effect the USPS Lease for the unexpired balance of the term of the USPS Lease and for any renewal term or terms exercised by the USPS under the USPS Lease pursuant to the USPS Lease, and shall assume all obligations of Landlord thereunder, so as to establish direct privity of estate and contract as between Prime Landlord and USPS with the same force and effect and relative priority in time and right as though the USPS Lease was originally made directly between Prime Landlord and USPS, and upon receipt of proper documentation from Prime Landlord, including, without limitation, an IRS Form W9, USPS will make the rent and other payments due under the USPS Lease thereafter directly to Prime Landlord as if Prime Landlord were Landlord thereunder, and USPS will make full and complete attornment to Prime Landlord for the balance of the remaining term under the USPS Lease.
3. Cross Default. A default by either Landlord or Prime Landlord under the Prime Lease or under this Agreement shall be considered a default by Landlord under the USPS Lease and a Exhibit C
ITEM NO. 6.
2 default by Landlord under the USPS Lease shall be deemed to be a default by Landlord under the Prime Lease, and USPS shall have all of the rights and remedies with respect to such default available to USPS under the USPS Lease and such rights and remedies shall be exercisable against the Prime Landlord and Landlord, jointly or severally. Prime Landlord and Landlord agree to notify USPS in writing of any default that occurs under the Prime Lease and to permit USPS sufficient time to exercise its rights under the USPS Lease with respect to such default prior to terminating the Prime Lease due to such default. USPS shall have the right, but not the obligation, to cure defaults by Landlord or Prime Landlord under the Prime Lease. In the event that USPS exercises its right to perform any obligations of Landlord or Prime Landlord under the Prime Lease, Landlord and Prime Landlord each acknowledges and agrees that USPS may withhold the cost of such cure plus any administrative cost and/or interest, from rental payments due or to become due under the USPS Lease. In the event that USPS exercises its right to perform any obligations of Landlord under the USPS Lease, Prime Landlord acknowledges and agrees that USPS may withhold the cost of such cure plus any administrative cost and/or interest, from rental payments due or to become due under the USPS Lease which may ultimately have been payable to Prime Landlord under the terms of the Prime Lease. Nothing herein shall require USPS to cure any default of Landlord or Prime Landlord under the Prime Lease, the USPS Lease or under this Agreement.
4. Recourse of USPS. Without limiting the foregoing consent and recognition, Prime Landlord expressly acknowledges and agrees that Prime Landlord has read or had an opportunity to read the USPS Lease attached hereto and understands that, at such time as Prime Landlord becomes the landlord under the USPS Lease with respect to the Premises, Prime Landlord shall be bound by the terms thereof, and shall be subject to the rights and remedies of USPS thereunder.
By way of example, and not in limitation, Prime Landlord agrees and recognizes that in addition to any rights and remedies available under applicable law, USPS has (i) the right to proportionately abate the rent for any period the leased premises under the USPS Lease, or any part thereof, are determined by USPS to have been rendered untenantable, or unfit for use and occupancy, by reason of a condition requiring maintenance, repair or replacement; (ii) the right to perform any maintenance, repair or replacement that landlord fails to timely complete and withhold the cost of performance plus any administrative cost and/or interest, from rental payments due or to become due under the USPS Lease; and (iii) the right to cancel the USPS Lease if the leased premises under the USPS Lease are determined to be untenantable or unfit for use or occupancy. Prime Landlord further agrees that USPS shall have the right to seek recourse directly against Prime Landlord regarding any breach of the Prime Lease by Prime Landlord where such breach adversely effects the rights of USPS under the USPS Lease.
5. Certifications with respect to Prime Lease; Amendments to the Prime Lease. Prime Landlord and Landlord hereby jointly represent and warrant as follows: (a) the copy of the Prime Lease attached hereto as Exhibit A is a true, correct and complete copy of the Prime Lease; and (b) neither Prime Landlord nor Landlord are in default under the Prime Lease nor does there exist any facts or circumstances which, with the passage of time or the giving of notice, would constitute a default under the Prime Lease. Prime Landlord and Landlord hereby agree that they will not amend or otherwise modify the terms of the Prime Lease without notice to, and the prior written consent of USPS, which shall not be unreasonably withheld, conditioned or delayed. Any such amendment or modification must be provided to USPS not less than 120 days prior to the date such amendment or modification is to take effect. Prime Landlord will not
ITEM NO. 6.
3 terminate the Prime Lease without prior written notice to USPS and no such termination will effect in any way the rights of USPS under the USPS Lease with respect to the portion of the leased premises that is included in the Prime Lease.
6. Term of the Prime Lease. In the event that the current term of the Prime Lease expires before the end of the initial term of the USPS Lease, this Agreement shall constitute an exercise of any renewal options available under the Prime Lease necessary to extend the expiration of the Prime Lease beyond the expiration of the initial term of the USPS Lease. Thereafter, Landlord covenants and agrees that, if USPS exercises any renewal option(s) set forth in Section 4 of the USPS Lease, then Landlord will exercise any renewal option(s) set forth in the Prime Lease that are necessary to extend the term of the Prime Lease beyond the expiration of such renewal term of the USPS Lease and Prime Landlord covenants and agrees that it will accept such exercise, whether or not it is made in accordance with the terms of the Prime Lease.
7. Notices. All notices or other written communications hereunder shall be deemed to have been properly given if delivered in accordance with the delivery methods under the USPS Lease, addressed to USPS and Landlord at the addresses identified in the USPS Lease and addressed to Prime Landlord at the address first set forth above.
8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto.
9. No Oral Modifications. This Agreement can be modified only in writing duly executed by all parties.
10. Severability. The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.
11. Waivers. No waiver by any party of any provision hereof shall be deemed a waiver of any other provision hereof and no waiver of any breach hereunder by any party shall be deemed a waiver of any subsequent breach by that party of the same or any other provision. A party’s consent to or approval of any act shall not be deemed to render unnecessary obtaining such party’s consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of all parties.
12. Choice of Law; Claims and Disputes. This Agreement shall be governed and interpreted in accordance with Federal law, however if there is no applicable Federal law then the law of the state where the leased premises are located shall be applied. The parties agree that Section 8 of the USPS Lease (Claims and Disputes) shall govern any disputes between the parties with respect to this Agreement.
13. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this Agreement. This Agreement shall be interpreted in accordance with the fair meaning of its words and both parties certify they either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Agreement, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party.
ITEM NO. 6.
4 14. Duplicated Originals; Counterparts. This Agreement may be executed in any number of duplicate originals and each duplicate original shall be deemed to be an original. This Agreement may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their obligations hereunder.
15. Conflict with Prime Lease. In the event of any conflict between the terms hereof and the terms of the Prime Lease, this Agreement shall control. In the event of any conflict between the Prime Lease and the USPS Lease, the USPS Lease shall control. [Signature Page Follows]
ITEM NO. 6.
5 IN WITNESS WHEREOF, the parties have executed this Landlord Consent, Recognition and Non-Disturbance Agreement and it is effective as of the date set forth below the signature of USPS below.
LANDLORD:
_______________________,
a ______________________
By: _______________________
Name: _____________________
Title: ______________________
Date: ______________________
PRIME LANDLORD:
____________________,
a __________________
By: _______________________
Name: _____________________
Title: ______________________
Date: ______________________
USPS:
United States Postal Service
By: _______________________
Name: Terrence Brennan
Title: Contracting Officer
Date: ______________________
ITEM NO. 6.
COMMISSION AGREEMENT January 03, 2024
This Agreement, made as of the last date written below, is between Town of Los Gatos (“Lessor”), and Jones Lang LaSalle Americas, Inc. (“Broker”) as co-broker to Jones Lang LaSalle Americas, Inc. (“Agreement”), and confirms the terms under which Lessor will pay a real estate brokerage commission to Broker for the lease (“Lease”) between Lessor and the United States Postal Service (“Tenant”) of that certain real property described as:
Los Gatos M.O. Employee Parking, 15 Montebello Way, Los Gatos, CA USPS Property ID 054542-002
1. Lessor will pay Broker, and Broker will accept as its full and only compensation for services rendered in connection with the Lease, an agreed upon rate that is in accordance with local business practices. The Lessor and Broker have agreed upon a commission equal to:
Annual Rent Total Rent Commission Rate Amount Due
$46,332.00 $231,660.00 4% $9,266.40
2. The commission will be earned 100% upon full execution of the Lease and will be paid within thirty (30) days of execution without further condition or contingency.
3. The Aggregate Lease Value will include the initial rental to be paid by Tenant on all space leased by the Tenant and any fixed annual or other periodic bumps and/or fixed annual other periodic rent escalations occurring during the initial term of the Lease. The Aggregate Lease Value will not include any rental abatement, operating expenses and/or real estate taxes, any additional amounts paid by Tenant for services over and above those furnished by Lessor as part of the Lease, and option periods and/or lease terms beyond the initial term of the Lease. In no event shall the foregoing preclude Broker from receiving a commission for any extension, renewal, expansion or additional leasing in the event Tenant has engaged Broker to represent it.
4. Lessor agrees that it will not modify or in any way reduce the amount of Broker's commission hereunder. If either party institutes any action or proceeding against the other relating to the provisions of this Agreement, the unsuccessful party in the action or proceeding will reimburse the prevailing party all reasonable expenses, attorneys’ fees, and disbursements.
THE PARTIES HEREBY WAIVE TRIAL BY JURY.
5. This Agreement will continue to be in effect until the first anniversary of its full execution. If on the first anniversary the Lessor and Tenant are still negotiating for the Lease of the subject property, to the extent not prohibited by law, this Agreement will be automatically extended until such negotiations cease or a lease is fully executed.
6. This Agreement constitutes the entire agreement between Lessor and Broker and supersedes all prior discussions, negotiations, and agreements, whether oral or written. No amendment, alteration, or withdrawal of this Agreement will be valid or binding unless made in writing and signed by both Lessor and Broker. This Agreement will be binding upon the successors and assignees of the parties.
7. Lessor and Broker each represents and warrants to the other that, in connection with Tenant’s Lease of the subject property, it has not employed or dealt with any broker, agent, or finder other than Broker. Lessor and Broker shall each indemnify and hold the other harmless from and against any claims for brokerage fees or other commissions asserted by any broker, agent or finder employed by Lessor or Broker, respectively, or with whom Lessor or Broker, respectively, has dealt.
8. Lessor and Broker agree not to disclose confidential financial information on commission, or any other information having an adverse effect on the agreement and will refrain from using the information for any other purpose than that for which it was furnished. The parties agree that there may be a client fee share, if allowed by applicable law.
9. Each party shall be responsible to the other party only for the reasonably foreseeable direct damages caused by its breach of this Agreement and in no event will either party be liable to the other for any loss of or damage to revenues, profits, or goodwill or other special, incidental, indirect, or consequential damage of any kind resulting from its performance or failure to perform pursuant to the terms of this Agreement. In no event shall Broker’s liability for damages in connection with a claim made hereunder, including any indemnification obligation arising hereunder, exceed the amount of any commission actually received by Broker under this Agreement.
10. Each signatory to this Agreement represents and warrants that it has full authority to sign this Agreement on behalf of the party for whom it signs and that this Agreement binds such party.
BROKER:
Jones Lang LaSalle Americas, Inc.
LESSOR:
Town of Los Gatos
By:
_______________________________________________
Name and Title
Dated:
By:
_______________________________________________
Name and Title
Dated:
ATTACHMENT 2
ITEM NO. 6.
PREPARED BY: Jim Harbin
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/19/2024
DATE: February 27, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Actions Related to Purchasing a Police Vehicle:
a. Authorize the Town Manager to Purchase One 2025 Ford Interceptor Pursuit Vehicle from Folsom Lake Ford in an Amount not to Exceed $56,606; and
b. Authorize the Town Manager to Execute a Purchase Order with Lehr to Build Up One Police Vehicle in an Amount not to Exceed $31,810; and c. Authorize an Expenditure Budget Adjustment in and Amount of $88,416 from the Available Equipment Replacement Fund.
RECOMMENDATION:
Actions Related to Purchasing a Police Vehicle:
a. Authorize the Town Manager to purchase one 2025 Ford Interceptor pursuit vehicle with Folsom Lake Ford in an amount not to exceed $56,606 (Attachment 1). b. Authorize the Town Manager to execute a purchase order with Lehr to build up one police vehicle in an amount not to exceed $31,810 (Attachment 2). c. Authorize an expenditure budget adjustment in an amount of $88,416 from the available Equipment Replacement Fund.
BACKGROUND:
As part of the Fiscal Year 2023/24 Operating Budget, the Equipment Replacement Fund was approved, providing funds for replacement of high mileage or older vehicles that have reached their replacement criteria or do not meet federal regulations for emissions. The Town amortizes a vehicle’s replacement over its forecasted life and sets funds aside on an annual basis to ensure the Equipment Replacement Fund has sufficient resources for the timely
ITEM NO. 7.
PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Purchase a Police Vehicle, Execute a Purchase Order, and Authorize an Expenditure Budget Adjustment in an Amount of $88,416
DATE: February 27, 2024
BACKGROUND (continued):
replacement of vehicles. In addition, this funding structure allows for a smoothing of operating expenditures and a more accurate reflection of the actual cost of operations.
The Town Vehicle and Equipment Acquisition and Replacement Policy (Attachment 3) determines which assets should be replaced by evaluating predetermined age and/or mileage criteria. Staff reviews the list of vehicles for replacement each year and makes a judgement with regard to which should be prioritized for replacement. Replacement purchases are reviewed annually through the Operating Budget development process.
DISCUSSION:
A Police Department pursuit vehicle asset (Ford Interceptor) is on the recommendation list for replacement in the Fiscal Year (FY) 2024/25 Operating Budget. Staff was preparing to request authorization of funding a replacement during the budget development process.
The police pursuit interceptor recommended for replacement is over five years old and will have approximately 60,000 miles of usage at the time of replacement. With the ongoing backlog of computer chips along with the delays caused by the pandemic, lead times for purchasing and equipping vehicles continue to affect fleet acquisitions.
The Town’s most recent purchase order for a Ford police interceptor in 2022 was reassigned by Ford to 2023, and again to 2024 due to chip availability and demand from large jurisdictions.
The order period this year for FY 2024/25 is from February 8,2024 to when Ford decides production volumes are peaked, at which time the order window closes. The next order window may be a year from then. Expediting this purchase in advance of FY 2024/25 will allow the Town to receive this vehicle and place it in service early in FY 2024/25.
In accordance with the Town Code Section 2.50.130 (6) (c), the purchase of this vehicle is based on a formal bid process completed by the State of California Department of General Services.
Folsom Ford has a Statewide Contract for purchase of enforcement and police pursuit vehicles that is relied on for this purchase (Attachment 4).
Lehr is an approved “single source” vendor for the fit up of emergency vehicles for the Town based on their close proximity, experience, and their pricing matched with a formal bid process completed by the County of Placer, which demonstrates that the Town is receiving the lowest price possible (Attachment 5). The Town’s purchasing policy authorizes a single source purchase without competitive bidding under these circumstances.
ITEM NO. 7.
PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Purchase a Police Vehicle, Execute a Purchase Order, and Authorize an Expenditure Budget Adjustment in an Amount of $88,416
DATE: February 27, 2024
CONCLUSION:
The requested Council action would allow Parks and Public Works to proceed with purchasing the vehicle for Police Department use. The Equipment Replacement Fund is a dedicated resource for this expense.
FISCAL IMPACT:
There are sufficient funds available in the Equipment Replacement Fund for the requested expenditure budget adjustment.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Vehicle Purchase Quote
2. Vehicle Build Up Quote
3. Town Vehicle and Equipment Acquisition and Replacement Policy
4. California State Contract Letter
5. County of Placer Supplier Contract
ITEM NO. 7.
Attachment 1 Page 102
ITEM NO. 7.
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
2024 FORD PIU PATROL #2
_____________________________________
Front End Equipment
_____________________________________
BK2019ITU20 Setina, PB450L4 Lighted Push Bumper ION Trio R/B/W 20-23 Utility
Setina 1 895.20 895.20
OEM - 66A FRONT CORNERS
OEM - 66A WIG WAGS
OEM - 21L LOWER FASCIA
EX0011 Patrol Power Harness Front Mt. Utility 2020+ (03-0211) Patrol Power 1 725.60 725.60 SA315P Whelen Siren Speaker 100W Whelen 1 199.99 199.99 SAK1 Whelen Speaker Bracket Universal Whelen 1 35.70 35.70 2W810 Misc, Foot Switch Misc Parts 1
I Installation Charges Labor Items 10 125.00 1,250.00
_____________________________________
Side Equipment
_____________________________________
MBFX20 Whelen ION Mirror-Beam Housing- Pair Utility 20+ Whelen 1 339.50 339.50 MBIONB Whelen, Ion Blue N/C w/ Purchase Of Housing Whelen 1 MBIONR Whelen, Ion Red N/C w/ Purchase Of Housing Whelen 1 I Installation Charges Labor Items 3 125.00 375.00
_____________________________________
Roof Equipment
_____________________________________
BB2DEDE-LEHR Whelen 54" Liberty II Duo WCX Whelen 1 2,265.00 2,265.00 STPKT105 Whelen Lightbar Strap Kit 20-23 Utility Whelen 1 GPSB-LGPD Panorama, Sharkee Antenna Panorama 1 420.75 420.75 Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44768
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Nick Turner
Town of Los Gatos
Phone:
Los Gatos, CA 95031
PO Box 655
Nick Turner
Town of Los Gatos
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023
3/11/2024
1 Tax Ident. Type Legal Entity
Vehicle Information:
2024 FORD PIU
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED Attachment 2
ITEM NO. 7.
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
LGMM-EXT-R Panorama, LGMM THICK PANEL Antenna Adapter KIT-Utility Panorama 1 33.91 33.91 I Installation Charges Labor Items 4 125.00 500.00
_____________________________________
Drivers Compartment
_____________________________________
C-TMW-INUT-01 Havis, Tunnel Mounting Base Assembly Xx Havis 1 180.80 180.80 C-ARM-102 Havis, Side Mount Armrest 2.75" Wide Pad Havis 1 75.20 75.20 AC-BH95 Troy, External Dual Beverage Holder Troy Products 1 48.00 48.00
14.0434.000 Able 2, Multi-Port Accessory Box Able 2 / Sho-Me 1 42.84 42.84 LF18ERB Federal Signal, Litlit,18Rheo,E Federal Signal 1 86.40 86.40 MMSU-1 Mag Mic Magnetic Mic Kit Magnetic Mic 2 39.95 79.90 C-DMM-3015 Havis, Heavy Duty Dash Mount Havis 1 428.80 428.80
CSM - BRACKET FOR DMM/RADIO/CONTROLLER
CSM - POLICE RADIO
CSM - COMPUTER DOCK/POWER SUPPLY
CSM - AIMS SYSTEM
CSM - IN CAR VIDEO SYSTEM
RE-USE GUN RACK
I Installation Charges Labor Items 19.5 125.00 2,437.50 _____________________________________
K9 Equipment
_____________________________________
K9-F28-1 Havis, Standard K9 Transport System- White 2020-23 Utility Havis 1 3,974.40 3,974.40 K9-A-103 Havis, K9 Transport Water Bowl Option Havis 1 67.20 67.20 K9-A-104 Havis 10" Fan K9 Transport & Window Guard Option Havis 1 524.80 524.80 K9-A-110 Havis Headliner Protection Inserts K9 Transport- White For 20- 23 Utility
Havis 1 220.00 220.00
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44768
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Nick Turner
Town of Los Gatos
Phone:
Los Gatos, CA 95031
PO Box 655
Nick Turner
Town of Los Gatos
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023
3/11/2024
2 Tax Ident. Type Legal Entity
Vehicle Information:
2024 FORD PIU
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
ITEM NO. 7.
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
HP-5020 ACE K9 HOT-N-POP PRO Ace K-9 1 1,424.05 1,424.05 IC-7040 Ace K9, Ace Watchdog Ace K-9 1 854.05 854.05
I Installation Charges Labor Items 12 125.00 1,500.00
_____________________________________
Back End Equipment
_____________________________________
PKG-TTP-INUT-1201-4 Havis, Prem Pkg-Raised Fold-Up Equip Tray/Cargo Plate w/ 200Lbs Lift Struts for 20-23 Ford Intercept
Havis 1 1,584.80 1,584.80
SBX-3003 Havis, Open Storage Drawer Topper Havis 1 212.80 212.80 SBX-1008 Havis, Large Modular Storage Drawer w/Push-Button Lock Havis 1 1,542.40 1,542.40 I2J Whelen ION Duo Series Linear Red/Blue Blk Housing Whelen 2 128.85 257.70 VTX609R Whelen Vertex Super-LED Omni Directional Lighthead Red Whelen 1 87.99 87.99 VTX609B Whelen Vertex Super-LED Omni Directional Lighthead Blue Whelen 1 87.99 87.99 MCRNTR Whelen Micron Series Stud Mount-Red Whelen 1 108.25 108.25 MCRNTB Whelen Micron Series Stud Mount-Blue Whelen 1 108.25 108.25 LB5Z-13N364-AA Ford OEM Black Bracket-Right-Rear Hatch Light 20- Utility Dealership Parts 1 50.90 50.90 LB5Z-13N364-BA Ford OEM Black Bracket-Left-Rear Hatch Light 20- Utility Dealership Parts 1 50.90 50.90 LB5Z-13N364-A Ford OEM White Bracket Right Inner-Rear Hatch Light 20- Utility
Dealership Parts 1 23.72 23.72
LB5Z-13N364-B Ford OEM White Bracket Left Inner-Rear Hatch Light 20- Utility Dealership Parts 1 23.72 23.72 IONR Whelen ION Series Super-LED Universal Light - Red Whelen 1 108.25 108.25 IONB Whelen ION Series Super-LED Universal Light - Blue Whelen 1 108.25 108.25 WK0040ITU20 Setina Cargo Window Barrier 3 Piece, Fits 2020-24 Utility Setina 1 391.20 391.20 C399 Whelen Cencom Core WCX Remote Siren & Control Center Whelen 1 1,079.00 1,079.00 CCTL7 Whelen Core WCX 21 Push-Buttons & 4-Position Slide Control Head
Whelen 1
C399K4 Whelen OBDII Canport Cable Kit Ford W/O OEM Option 61B Whelen 1 43.40 43.40 CEM16 Whelen, Core WCX 16 Output Expansion Module Whelen 1 200.20 200.20 Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44768
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Nick Turner
Town of Los Gatos
Phone:
Los Gatos, CA 95031
PO Box 655
Nick Turner
Town of Los Gatos
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023
3/11/2024
3 Tax Ident. Type Legal Entity
Vehicle Information:
2024 FORD PIU
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
ITEM NO. 7.
Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
CV2V Whelen Vehicle-To-Vehicle Sync Module Whelen 1 254.10 254.10 I Installation Charges Labor Items 23 125.00 2,875.00
_____________________________________
HKN6169B Motorola 17' Control Head Cable Remote Mount XTL Radio Misc Radio Parts 1 98.52 98.52 HKN4192C Motorola Power Cable to Battery 20' 20amp Misc Radio Parts 1 65.25 65.25 HKN6188B Motorola 20' Control Head Power Cable Misc Radio Parts 1 52.25 52.25 DC-568P-25BLMB 25' CAT6 Snagless Cable-Blue IT Misc Parts 2 16.95 33.90 INSTALL Install Materials Service Items 1 225.00 225.00 F Shipping Charges Service Items 1 500.00 500.00
_____________________________________
31,809.23
2650.90
29,158.33
Total:
Total Sales Tax:
Subtotal:
500.00
28658.33
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Page:
Document Date:
Quote Number:
Sales Quote
To:
Ship
SalesPerson
Ship Via Customer ID
To:
Sell
44768
Mike McGee
51319
Phone: 800-982-8468
Los Gatos, CA 95030
41 Miles Ave
Nick Turner
Town of Los Gatos
Phone:
Los Gatos, CA 95031
PO Box 655
Nick Turner
Town of Los Gatos
Phone: 831-634-1600 Fax: 831-634-1602
1590 Lana Way #7 Hollister, CA 95023
3/11/2024
4 Tax Ident. Type Legal Entity
Vehicle Information:
2024 FORD PIU
Terms: Net 30
Payment Method:
PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED
ITEM NO. 7.
ATTACHMENT 3
COUNCIL POLICY MANUAL
TITLE: Town Vehicle and Equipment Acquisition and
Replacement Policy
POLICY NUMBER: 4-05
EFFECTIVE DATE: 4/6/1994 PAGES: 3
ENABLING ACTIONS: REVISED DATES: 5/26/1998
APPROVED: Mayor Linda Lubeck
PURPOSE
To set forth specific procedures for the acquisition and disposal of vehicle and motorized equipment used by the Town of Los Gatos.
SCOPE
This policy will apply to the acquisition and disposal of vehicles and equipment used by all Town Departments.
POLICY
When purchasing vehicles or motorized equipment or disposing of surplus vehicles and equipment, the following will apply:
A. Replacement of vehicles and motorized equipment is based on an equipment replacement schedule that allows for replacement on a programmed cycle. The recommended basis is as follows:
Vehicle/Equipment Type Replacement Cycle
Police Patrol 3 years and/or 85,000 miles
Police Undercover (used, 1 to 2 years old) 4 years and/or 75,000 miles Police Sedans (used, 1 to 2 years old) 4 years and/or 75,000 miles Motor Cycles 4 years and/or 42,000 miles
Parking Vehicles 6 years and/or 75,000 miles
All-Terrain Vehicle 8 years and/or 50,000 miles
Police Vans 6 years and/or 85,000 miles
Sedans (new) 8 years and/or 85,000 miles
Small Town Service Community Stewardship Future Focus
ITEM NO. 7.
TITLE: Town Vehicle and Equipment Acquisition and
Replacement Policy
PAGE:
2 of 3
POLICY NUMBER:
4-05
Vehicle/Equipment Type Replacement Cycle
Sedans (used 1 to 2 years old) 6 years and/or 85,000 miles Pickups (gas) 8 years and/or 72,000 miles
Pickups (diesel) 12 years and/or 100,000 miles
Medium Trucks (gas) 8 years and/or 80,000 miles
Medium Trucks (diesel) 12 years and/or 100,000 miles
Heavy Trucks (gas) 8 years and/or 80,000 miles
Heavy Trucks (diesel) 15 years and/or 100,000 miles
Lawn Mowers 6 years
Roadable Mowers 8 years
Vans 8 years and/or 100,000 miles
Sweepers 6 years and/or 65,000 miles
Backhoes 10 years and/or 7,000 hours
Loaders 12 years and/or 7,200 hours
Graders 20 years and/or 9,000 hours
Aerial Units 12 years and/or 80,000 miles
Chippers 10 years and/or 5,000 hours
Compressors 12 years and/or 5,000 hours
Forklifts 17 years and/or 9,000 hours
Rollers 15 years
Trailers 10 years
Sprayers 8 years
Sewer Cleaners 6 years
Rodders 10 years
The equipment/replacement list will be used as a guideline in the replacement of vehicles and equipment. Other factors that will be used in the evaluation process include:
1. Overall conditions of vehicles and equipment
2. Repair records.
3. Vehicle efficiency and safety.
4. Service life related to extended use in other departments.
B. COOPERATIVE PURCHASING PROGRAM:
When purchasing vehicles and equipment, the town of Los Gatos will invite vendors (local and non-local) to submit bids. Where applicable, the Town will use the State of California Cooperative Purchasing Program.
ITEM NO. 7.
TITLE: Town Vehicle and Equipment Acquisition and
Replacement Policy
PAGE:
3 of 3
POLICY NUMBER:
4-05
C. SPECIFICATIONS:
The Department of Parks and Public Works will review all specifications for vehicles and motorized equipment to be purchased by the Town of Los Gatos. Specifications will be prepared based on user needs, operating costs, safety factors, life expectancy, new technology, availability, and cost. When applicable, performance standards will be included in the specification writing process.
D. VEHICLE AND EQUIPMENT DISPOSAL:
Disposal may take place via trade-in when vehicles or equipment are purchased. If the trade-in offer is deemed insufficient, the Town will advertise and surplus items at a minimum pre-determined price. When possible, staff will try to offer specialized vehicles, such as Police patrol cars, to agencies that need such equipment but may not be able to purchase new equipment. Prior to the disposal of vehicle or equipment, the Parks and Public Works Department will determine if reassignment to another department is warranted.
E. RESPONSIBILITY:
All applicable departments within the Town of Los Gatos who are assigned vehicles or motorized equipment may be involved in the procurement/disposal process.
1. Finance personnel and the Town Manager shall review the equipment replacement list annually to ensure that replacement costs for vehicles and equipment are current and in-line with long-term replacement needs.
2. Each Department is responsible for requesting vehicle or equipment replacement during the annual budget process.
3. The Parks and Public Works Department will prepare vehicle specifications for all Town Departments except the Police Department.
4. The Parks and Public Works Department will review all Town specifications for vehicles and motorized equipment.
5. Disposal or reassignment of surplus vehicles and equipment will be coordinated by the Parks and Public Works Department.
APPROVED AS TO FORM:
________
/s/ Orry Korb, Town Attorney
ITEM NO. 7.
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS
All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].
MANDATORY
*Supplement 2*
ISSUE AND EFFECTIVE DATE: *1/30/2024*
CONTRACT NUMBER: 1-22-23-14C
DESCRIPTION: Enforcement Vehicles, Police Pursuit
(Ford Explorer V6 AWD)
(Ford Explorer V6 AWD - HEV)
CONTRACTOR: Folsom Lake Ford
CONTRACT TERM: 5/11/2022 through 5/10/2025
STATE CONTRACT ADMINISTRATOR: Rudolph Jimenez
(279) 946-8312
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions, rev 06/08/2010
(https://www.dgs.ca.gov/-/media/DD14F21678F64EBFADBC227F2C517C79.ashx) Cal eProcure link: www.caleprocure.ca.gov
ORDER PLACEMENT INFORMATION
Mailing Address:
Folsom Lake Ford
12755 Folsom Blvd.
Folsom, CA 95630
Fax/Email:
Fax: (916) 353-2078
Email:
[email protected]
Contact Information:
Folsom Lake Ford
Mark Paoli
Phone: (916) 351-4202
Email:
[email protected]
*CONTACT THE CONTRACTOR BEFORE SUBMITTING ORDERS
AND VERIFY VEHICLE AVAILABILITY.*
Attachment 4
ITEM NO. 7.
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions, Supplement 2
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*2* *Subject contract for Enforcement Vehicles,
Police Pursuit is hereby modified to reflect the
following changes:
Cover Page Note
Attachment A – Contract Pricing,
Supplement 2 has been updated to
reflect a price increase.
Effective February 1, 2024, orders for
25MY will be accepted.
*1/30/2024*
1 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
changes:
Attachment A – Contract Pricing,
Supplement 1 has been updated to reflect a
price increase.
Effective September 9, 2022, orders for
23MY will not be accepted and 23MY
vehicles will not be available until further
notice.
Note: The cut-off date to submit orders for 23MY is
close of business September 8, 2022.
9/2/2022
N/A Original Contract Posted 5/11/2022
All other terms and conditions remain the same.
ITEM NO. 7.
County of Placer
Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
Phone (530) 886-2122
Supplier Contract
Contract Number SCN105300
Contract Reference 97
Contract Start Date 10/01/2022
Contract End Date 09/30/2023
Buyer Javier Terrazas
Phone Number +1 (530) 889.4252 x4252
Email [email protected]
1 Supplier:
STOMMEL INC
dba LEHR
631 N MARKET BLVD STE N
SACRAMENTO, CA 95834
This Supplier Contract shall be governed by the attached terms and conditions.
Please reference the Supplier Contract number above on all invoices and correspondence related to this order.
Summary:
Emergency Response Vehicle Supplies/Equipment and Installation Services Vendor Contact: Steve Adair, Ph. #No. 916-267-5547, Email: [email protected] County Contacts:
Probation Dept. Contact (Orders and Accounting): Chris Artim, Ph. #530-889-7912, Email: [email protected] Placer County Sheriff Contact: Matt Burgans, Ph. #530-889-7865 Sheriff Accounting: Lisa Lentz, Ph. #530-889-6919, [email protected] Placer County Fire: Sarah Poindexter, Ph. #530-889-4037 Placer County Fire Accounting: Glenn Nishimoto, Ph. #530-886-4623, [email protected] Renewal of SCN104242
This is the third of four optional one-year renewal terms that were approved by the Board of Supervisors on September 24, 2019.
Payment Terms Total Contract Amount
NET 30 275,000.00
Service Lines
Line Number Description Start Date End Date Amount
1 Emergency response vehicle equipment and supplies as well as equipment installation services in accordance with the vendor's agreement to renew SCN104242 - see attached for pricing, terms, and conditions.
10/01/2022 09/30/2023 275,000.00
Attachment 5
ITEM NO. 7.
631 North Market Street Suite N, Sacramento Ca 95834
Labor Price Increase Notice
Due to wage pressure for technicians our labor rate has increased to $105 per hour Effective:
July 1, 2021
July 1, 2021
To Our Valued Customers,
Due to the State of California increasing wage pressure and industry changes our new Labor Rate will need to increase from $95.00 per hour to $105.00 per hour.
We understand that this is almost a 10% increase from the previous year. Lehr provides specialized labor for the fabrication of first responder vehicles.
Historically we have only taken two labor increases in 15 years. Wages have increased annually to allow Lehr to continue to employ certified and qualified technicians. To ensure that Lehr provides the best emergency equipment installations in the industry this increase was implemented.
If you have any questions regarding the labor increase, please reach out to:
Steve Adair
Lehr
Regional Sales Manager
631 North Market St. Suite N
Sacramento, CA 95834
Cell 916.267.5547
Fax: 916.646.6656
[email protected]
ITEM NO. 7.
Procurement Services Division
2964 Richardson Drive ▪ Auburn, CA 95603
(530) 886-2122
20000 - Emergency Response Vehicle Equipment and Installation Services Opening Date: July 30, 2019 4:45 PM
Closing Date: August 13, 2019 3:00 PM
To ensure a complete and timely response, it is strongly recommended that you submit your bid response via our Online Bidding System.
However, if you have difficult submitting your bid online or prefer to submit your bid manually (hard-copy) for any reason, print and complete this bid package along with any required bid documents, and mail or deliver in a sealed envelope to:
Placer County Procurement Services Division
2964 Richardson Drive
Auburn, CA 95603
All bids must be submitted on original documents (no fax bids) prior to the Closing Date and Time specified above and as prescribed in this bid's General Terms and Conditions. All bids must be signed by an authorized representative of the firm. UNSIGNED OR LATE BIDS WILL BE REJECTED.
Vendors shall complete the area below for hard copy submissions:
COMPANY NAME: ____________________________________________________ Mailing Address: ____________________________________________________ City/State/Zip: ____________________________________________________ Contact Person: ____________________________________________________ Telephone: ____________________________________________________ Email: ____________________________________________________ SIGNATURE: ____________________________________________________ DATE: ____________________________________________________ Title: ____________________________________________________ By signature above, bidder hereby agrees to and accepts the terms, conditions and requirements specified in this bid, including the following bid documents and all related addenda (if any).
Vendor Details
ITEM NO. 7.
Company Name: Stommel Inc
Does your company conduct business
under any other name? If yes, please
state:
Lehr Auto Electric
Address:
4707 Northgate Blvd
Sacramento, CA 95834-1120
Contact: Steve Adair
Email: [email protected]
Phone: 916-267-5547
Fax: 916-646-6656
HST#: 61-1499917
Submission Details
Created On: Thursday August 08, 2019 16:23:20
Submitted On: Tuesday August 13, 2019 11:55:35
Submitted By: Steve Adair
Email: [email protected]
Transaction #: bf9e4edd-1317-482f-9d85-05e42711727e
Submitter's IP Address: 207.242.136.194
ITEM NO. 7.
Schedule of Prices
BID PRICING WORKSHEET - Category 1
ITEM NO. DESCRIPTION UOM EST. ANNUAL
USAGE
MANUFACTURE
R
MANUFACTURERS
PART NUMBER UNIT PRICE * EXT PRICE
PRODUCT
WARRANTY
INFORMATION
(state number
of months and
any special
terms or
provisions that
may apply)
COMMENTS
1.1 Lightbar with the following
options/modifications: Add (2) LR11
Flashing Alley Lights, LED
(SRALF1); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) 500 Series
inboard LED, one red and one blue
(SLDBR); Add (2) TIR high output
LED take downs, flashing or steady
(SXTDLED); and Add (2) 500
Series inboard LED, amber/amber
(SLDAA).
EA 15 Whelen LFL
Liberty SW
WeCan Series
Super-LED 54"
Lightbar
SW2RRBB $1,750.0000 $ 26,250.00 60 Whelen Master
Distributor
*
1.2 Strap Kit for LFL Liberty SW
WeCan Series Super-LED 54"
Lightbar. Strap Kit shall be
compatible with Chevrolet Tahoe
Police SUVs.
EA 15 Whelen
Engineering
STPKT71 $57.0000 $ 855.00 60 Whelen Master
Distributor
*
1.3 CenCom Sapphire Siren with
amplifier control module with pigtails,
traffic advisor module, and
microphone with CCMICX20 included
(20' microphone cable).
EA 15 Whelen
Engineering
CCSRN3 $749.00 $ 60 Whelen Master
Distributor
*
1.4 PB400 Full Aluminum Push
Bumpers. Push bumpers shall be
compatible with 2015 to current
model year Chevrolet Tahoe Police
SUVs.
EA 15 Setina
Manufacturing
Bodyguard
PB400
BK0534TAH15 $319.2000 $ 4,788.00 60 Setina Master
Distributor
*
1.5 Patrol Car Seat, black, with Laguna
Seat Belts and Rear Cargo Cage.
Patrol car seat shall be compatible
with 2011 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Laguna 3P
Products
CT5502 $1,084.0000 $ 16,260.00 60 Laguna
distributor
*
1.6 Stationary Vinyl Coated Partition
with Full Lower Extension Panel.
The partition shall be compatible
with 2015 to current model year
Chevrolet Tahoe Police SUVs.
EA 15 Setina
Manufacturing 8-
VS Series
PK0369TAH10SCA $599.2500 $ 8,988.75 60 correct Part
Number
PK0369TAH15S
CA
*
1.7 Shotgun Gun Lock EA 15 Santa Cruz SC-1H $77.0400 $ 1,155.60 12 #2 Key *
1.8 Ratchet Lock Gen. 2 EA 15 Santa Cruz SC-6H $131.64 12 #2 Key *
1.9 Muzzle Up Partition Mount EA 30 Santa Cruz SC-915P $69.9900 $ 2,099.70 12 Authorized Distributor
*
1.10 Siren Speaker EA 15 Whelen SA315P $199.99 24 Authorized Distributor
*
1.11 Speaker Bracket Kit for Whelen
SA315P Speaker
EA 15 Whelen SAK1 $29.40 $ 60 Authorized
Distributor
*
1.12 Plug In Headlight Flasher for 2015
to current model year Chevrolet
Tahoe Police SUVs
EA 15 SoundOff ETHTAHO-07 $65.7200 $ 985.80 60 Authorized Distributor *
1.13 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: BLUE
EA 45 Whelen VTX609B $84.99 $ 60 Authorized
Distributor *
1.14 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: RED
EA 45 Whelen VTX609R $84.99 $ 60 Authorized
Distributor *
1.15 Vertex Super-LED Light, Single SelfContained Hemispheric Light, Color: CLEAR
EA 45 Whelen VTX609J $$84.99 $ 60 Authorized
Distributor *
1.16 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: BLUE
EA 15 Whelen RSB02ZCR $$66.60 $ 60 Authorized
Distributor
*
1.17 LIN3 Series Super-LED Lighthead,
Horizontal Mounting, Color: RED
EA 15 Whelen RSR02ZCR $66.60 $ 60 Authorized
Distributor
*
1.18 Mounting Bracket for LIN3 Series
Super-LED Lighthead (Horizontal
Mounting)
EA 30 Whelen RBKT1 $10.80 $ 60 Authorized
Distributor *
ITEM NO. 7.
1.19 PAR46 LED Flood - Spotlight EA 25 Whelen
Engineering
P46FLC $154.99 $ 60 Authorized
Distributor
*
1.20 PAR46 LED Spot - Spotlight EA 25 Whelen
Engineering
P46SLC $154.99 $ 60 Authorized
Distributor
*
1.21 Magnetic Mic Kit EA 25 Whelen
Engineering
MMSU-1 $34.9500 $ 873.75 12 Authorized
Distributor
*
1.22 Blac-Rac Weapon Mount EA 20 Blac-Rac 1082E $861.75 $ 12 Authorized Distributor
*
1.23 Chargeguard-Select Auto Shut-Off
Timer
EA 15 Havis Inc. CG-X $71.3800 $ 1,070.70 36 Authorized Distributor
*
1.24 Littlite 12" Gooseneck Lamp with
Rehostat Control, Gooseneck
Extends From End of Chassis, Lead
Extends From Bottom of Chassis.
EA 15 Federal Signal LF12ERB $57.7500 $ 866.25 60 Authorized Distributor
*
1.25 Patrol Vehicle "Placer" Console,
consisting of the following
components:Arm Rest w/2"
Extension - Lehr Auto Electric
Model# PARM002Tall, Arm Rest
Pad - Lehr Auto Electric Model#
PARP, XTL2500 3" Faceplate -
Troy Products Model#FP-MXTL5000,
Cencom 4" Faceplate - Troy
Products Model#FP-WC10285909,
1" Blank - Troy Products Model# FPBLNK1, 2" Blank - Troy Products Model# FP-BLNK2, 4" Beverage
Holder - Troy Products Model#
EA 12 Lehr Auto
Electric
PCC001 $1,142.0000 $ 13,704.00 60 Authorized
Distributor
*
1.26 Mount Kit EA 1 Troy Products AC-EXP03 $117.1800 $ 117.18 60 limited Lifetime *
1.27 Speaker EA 1 Code 3 C3100ENO7 $178.3800 $ 178.38 24 Authorized Distributor
*
1.28 12" Litlite Console Light EA 1 Feederal Signal LF12TRB $66.95 60 Authorized Distributor
*
1.29 3 Accessory Outlet EA 2 Able2 Shoe-Me 14.0553 $21.9500 $ 43.90 24 Authorized Distributor
*
1.30 Dual Stacked LED X Light EA 2 Code 3 LXEX2F-RR $411.10 $ 60 Authorized Distributor
*
1.31 Wig-Wag EA 1 Sound Off LAROOBK $42.6000 $ 42.60 60 Authorized Distributor
*
1.32 Double Beam Halogen Work Lamp
12V
EA 2 Hella 006991663 AS 115 $41.8200 $ 83.64 12 Authorized Distributor
*
1.33 LED Strip Light EA 1 Whelen PSC0CDCR $ 112.20 $ 60 Authorized Distributor
*
1.34 2007-2010 Ford Expedition Base EA 1 Gamber Johnson 7160-446- $113.4000 $ 113.40 60 Part Number 7160-0046
*
1.35 Mongoose 9" Locking Slide Arm w/o
Standard Attachment
EA 1 Gamber Johnson 7160-0219 $247.8000 $ 247.80 60 Part has been discontinued
replacement
quoted 7160-
0220
*
1.36 Tlt Swivel Attachment EA 1 Gamber Johnson DS-CLEVIS $56.0000 $ 56.00 60 Discontinued part -
replacement
quoted 7110-
1008
*
1.37 Radio Ray Wireless Spot Light EA 1 GoLight 7900 $244.1100 $ 244.11 36 Limited 3yr warranty
*
1.38 18" Console EA 1 Troy Products CC-MC18 384.48 $ 60 Authorized Distributor
*
Subtotal: $ 124,020.15
ITEM NO. 7.
ITEM NO. 7.
Bid Questions
Delivery Time: Bidders shall indicate their delivery time (after an order is received) for items specified in this bid without installation services in the space provided. Indicate your Delivery Time in Days
Delivery time 2-21 days. (In stock items 1-2 days, Items needed to be ordered up to 3 weeks however we stock many of your every day items.)
Turnaround Time: Bidders shall indicate their normal
turnaround time for a fully installed emergency vehicle in the space provided. Indicate your Turnaround Time in
Days
3-5 business days
**Note: If installation service is needed on behalf of Placer County Fire Department, the County intends to deliver and pick up the vehicles at the successful firm's location. As an option, Placer County Fire may require the successful firm to pick up and/or deliver a vehicle. Bidder shall provide rates for pick up and delivery service to be charged oneway, from vendor's shop to Placer County Fire facility only.**
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Rate: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your travel rate
$65 per hour based on Map Quest travel time 35 minutes travel time Travel Time: Bidders shall provide rates for pick up and delivery service to be charges one-way, from the vendor's shop to the Placer County Fire Department address:
13760 Lincoln Way Auburn, CA 95603. Indicate your
Travel Time
$65 per hour based on Map Quest travel time 35 minutes travel time Documents
Upload additional information here - optional, unless otherwise denoted as mandatory (with asterisk):
Additional Document - Additional Discounts.xlsx - Tuesday August 13, 2019 11:36:56
ITEM NO. 7.
Attachment A
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SUPPLEMENTAL TERMS AND CONDITIONS
1. DOCUMENTS
Below are the documents associated with this bid.
Attachment A – Supplemental Terms and Conditions
Attachment B – Scope of Work
Attachment C – Insurance Requirements
Attachment D – Lightbar Configuration (Patrol Vehicle)
2. OVERVIEW
Placer County is soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis. The items, quantities, sample jobs, services, and occurrences listed in this bid represent the County’s estimated annual requirements and will be utilized for evaluation purposes only. The County does not guarantee any minimum or maximum quantities that will be purchased or minimum or maximum dollar amounts to be spent throughout the term of the resulting agreement(s). Please note that the County requires NEW PRODUCT ONLY – No refurbished, demo, or restored products will be accepted unless specifically authorized by County staff.
3. PRICING
Responding bidders shall indicate their hourly shop rate for the services described herein as well as provide firm, fixed prices and discounts off list prices for the emergency response vehicle equipment and supplies listed in this bid for the initial contract period of approximately one year from the date this bid is awarded. Pricing offered in the bid line items herein shall be for services provided during the successful firm’s normal business hours. Overtime will not be required. The bidder’s shop labor rate per hour offered herein shall apply to all vehicle and equipment makes, models, and types.
The prices offered by bidders shall be exclusive of sales tax (applicable sales tax shall be added to the County’s invoices). The discounts offered by bidders for the brands listed in this solicitation shall be calculated and billed in addition to any invoice terms that are offered.
All rates shall be billed in accordance with the bidders offered pricing. The County will not accept or pay any premiums, administrative surcharge costs, or any other surcharges that are not identified in the bidder’s response. Charges imposed by the State of California or Federal Government after the bid has been awarded will be honored.
ITEM NO. 7.
Attachment A
Bid No. 20000
4. AWARD
4.1. This bid shall be evaluated and awarded by an all-or-none basis. The bid evaluation will consider the total cost to install the Sheriff’s Office patrol vehicle equipment into a typical Chevrolet Tahoe 4x2 and 4x4 for items 1.1 through 1.25 and a Ford Expedition for the Placer County Fire Department for items 1.26 through 1.38 for evaluation purposes. This cost will be determined by multiplying the firm’s shop labor rate by the total estimated time to install the equipment, as determined by the County. The estimated installation time will be 18 hours of labor for evaluation purposes only. Local Vendor Preference (if applicable), prompt payment discounts, optional pick up/delivery rates, travel time, travel time rate, turnaround time, and adherence to all conditions and requirements of this bid will also be considered.
Bidders are not required to bid on all categories to be considered for award however Placer County reserves the right to award the bid based on pricing offered for the most categories.
4.2. An example of a typical Chevrolet Tahoe patrol vehicle installation includes the following equipment (manufacturer or supplier is shown in parenthesis – no substitutions):
Light Bar System (Whelen/Cencom)
Headlight Flasher (Soundoff)
Siren Speaker and Bracket (Whelen)
Maplight (Little Lite)
Radio Mounting Console (Lehr)
Cage (Setina)
Gun Locks – 2 per vehicle (Santa Cruz)
Push Bumper (Setina)
All emergency equipment, dome light, and spotlight are required to be wired to an auxiliary power source in the rear of the vehicle. All power should be timed and disconnected as to protect the vehicle from a dead battery.
4.3. Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.
5. DELIVERY REQUIREMENTS
5.1. Bidder’s pricing for equipment and supplies shall be FOB Destination, freight prepaid and assumed by the successful bidder, inside delivery to the following address:
Placer County Sheriff’s Office
2929 Richardson Drive, Ste. A
Auburn, CA 95603
Placer County Fire Department
13760 Lincoln Way
Auburn, CA 95603
ITEM NO. 7.
Attachment A
Bid No. 20000
5.2. The successful bidder shall deliver regular orders within five (5) business days of order placement for the complete order (no partial deliveries will be allowed unless specifically approved by County staff at the time the order is placed). There will also be occasions where the County will need to place an emergency order, which shall be defined as items which are so urgently needed that they must be delivered within forty-eight (48) hours of placing the order or items that are not available from the vendor’s normal inventory. In these instances actual freight charges will be allowed with written approval from the County employee placing the order. All freight charges shall be prepaid by the vendor and added to the resulting invoice. Freight collect charges will not be allowed. The vendor shall clearly advise County personnel of such emergency order circumstances for authorization at the time the order is placed with the vendor.
5.3. If the County’s orders are not delivered within the delivery times specified herein, the County reserves the right to cancel the order and obtain the products from another source. In the event that the County must make such open market purchases, the County reserves the right to exercise the provisions of Section 17 of this bid’s General Terms and Conditions.
Continued non-compliance with the stated delivery times may be cause for cancellation of the resulting agreement.
6. PRICE LISTS
Placer County requests that the successful bidder provide price lists upon award of the resulting agreement for each of the manufacturer discounts offered in the successful bidder’s completed Bid Pricing Worksheet. The County will accept electronic versions of the price lists if hard copies are not available (e.g. CD’s, flash drives, etc.). These lists will be used to verify the discount pricing on the resulting invoices. All price lists shall be provided free of charge to the County. The County also prefers that the successful bidder(s) state the manufacturer’s list price, the bidder’s offered discount off list price, and the net price for each part purchased on the resulting invoices. The successful bidder shall be responsible for notifying the Placer County Sheriff’s Office primary contact as well as the Procurement Services Division of any changes or updates to the bidder’s/manufacturer’s published catalog/list prices that occur during the contract period.
7. INSURANCE REQUIREMENTS
The successful bidder shall be required to furnish a certificate of insurance within ten (10) calendar days following receipt of a Notice of Award demonstrating proof of coverage in the amounts specified in Attachment C, Insurance Requirements.
8. SUBCONTRACTING
The successful bidder shall not subcontract any portion of the work to be performed under the resulting agreement.
9. EQUIVALENT/ALTERNATE OFFERS
Due to the standardization of the County’s emergency response vehicle equipment including the County’s inventory of repair/replacement parts as well as staff training issues, bids will only be accepted for the brand and model emergency response vehicle equipment and supplies specified in the Bid Worksheet.
ITEM NO. 7.
Attachment A
Bid No. 20000
10. SERVICE STANDARDS
The successful bidder shall provide all necessary personnel, tools, parts, materials, and equipment to perform the services described herein. The successful bidder shall perform all work in such a manner as to meet all accepted standards for safe practices for emergency response vehicle equipment installation services and to safely maintain stored equipment or other hazards consequential or related to the work. The successful bidder agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements at all times including, but not limited to, O.S.H.A. and CAL. O.S.H.A. Safety Orders. The successful bidder must meet all EPA standards as well as all Federal, State, and Local laws, standards, and regulatory and permitting requirements while performing services on behalf of Placer County.
11. WORKMANSHIP
All services shall be performed in accordance with the highest standards prevailing in the trades. All of the successful bidder’s employees shall be especially skilled and appropriately trained and certified for the kind of work for which they are employed. Should the successful bidder’s Manager and/or Placer County staff deem anyone employed by the successful bidder incapable of completing the work required, the successful bidder shall immediately dismiss the employee from performing services on behalf of the County. Such removal shall not be considered a basis for employee’s claim for compensation or damages against the County, or any of its officers or agents.
ITEM NO. 7.
Attachment B
Bid No. 20000
COUNTY OF PLACER
EMERGENCY RESPONSE VEHICLE EQUIPMENT AND INSTALLATION SERVICES
SCOPE OF WORK
1.0 The successful bidder shall be regularly established in the business of routine emergency vehicle lighting and equipment installation services on a variety of patrol vehicles, light trucks, and fire trucks. Responding firms shall have staff experienced in the installation of law enforcement and fire department radios, “Code 3” emergency equipment, prisoner partitions, mounting consoles, trunk racks, cages and gun locks at a minimum.
2.0 The successful bidder shall be qualified and capable of performing equipment installation services on various types of emergency response vehicles and equipment including, but not limited to, law enforcement sedans, sport utility vehicles, trucks, undercover vehicles, trailers, off-highway vehicles, and boats, including Type I and Type II engines.
3.0 Time is of the essence in returning County vehicles to service. The successful bidder agrees that work performed under the resulting agreement shall receive top priority over other work in the successful bidder’s shop. If the County determines that the workload of the successful bidder is such that timeliness is not possible in a given situation, the County reserves the right to assign the job to another vendor.
4.0 In the event that the successful bidder is unable to respond or complete the requested services within the bidder’s stated turnaround time, the successful bidder shall notify the County designated contact person immediately prior to commencing work. The County at its sole discretion may elect to utilize the services of another vendor in such instances and will notify the successful bidder if such intention is to be exercised.
5.0 The successful bidder agrees that the County has the right to view any work performed on a County vehicle at the successful bidder’s facility at any time, whether or not services have been completed. The successful bidder agrees that the County has the right to audit any work performed by the successful bidder.
6.0 The successful bidder warrants the goods furnished to be of the highest quality, complying with the specifications and free from all defects whatsoever in workmanship and materials, for a minimum period of one year from the date of delivery. Replacements and repairs under this warranty are to be made by the successful bidder at no cost and to the satisfaction of the County. Equipment installations shall be guaranteed for as long as the County owns/possesses the vehicle.
7.0 The successful bidder agrees that the County has the right to make the final determination as to whether services have been satisfactorily completed. The successful bidder shall include County staff on a walk-through of the vehicle to confirm that all equipment is installed and functioning correctly and testing the equipment prior to the County's acceptance of the work as being completed. Should any portion of the work to be done which, due to any cause, is not in accordance with the specifications or is not satisfactorily completed, it will be rejected and the successful bidder shall immediately make a satisfactory arrangement with the County before proceeding with other work. The successful bidder shall promptly correct all work rejected by the County as faulty, defective, or failing to conform to the product specifications or scope of
ITEM NO. 7.
Attachment B
Bid No. 20000
work defined herein, whether observed before or after substantial completion of the work and whether or not inspected, tested, repaired, fabricated, installed, or completed. The successful bidder shall bear all costs of correcting such rejected work. This provision applies during the contract term and any resulting renewal periods.
8.0 The successful bidder shall be held responsible for any breakage or loss of the County’s vehicles or equipment while performing service on the County’s vehicles. The successful bidder shall be responsible for restoring or replacing any equipment, vehicle, etc. so damaged to the satisfaction of the County and at the sole expense of the successful bidder. The successful bidder shall immediately report to the County any damages to the vehicle or equipment resulting from services performed under the resulting agreement.
9.0 The successful bidder, at the County’s request, shall provide a field representative to meet with County personnel at least once a month to review the department's inventory levels, discuss the department's emergency lighting and equipment requirements and introduce additional products to address any County needs. The successful bidder shall also have technical staff available to conduct scheduled on-site meetings at the County’s request. The successful bidder shall provide inside sales support capable of providing product specification sheets, quotations, order placement and expediting, via fax and telephone at the County’s request.
ITEM NO. 7.
Attachment C
Bid No. 20000
PLACER COUNTY INSURANCE REQUIREMENTS
1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
The CONTRACTOR shall save, keep, hold harmless, defend, and indemnify PLACER COUNTY from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the CONTRACTOR, any of the CONTRACTOR'S employees, or any subcontractors.
The CONTRACTOR shall be responsible for any liability imposed by law and for death, injury, or damage to property of any person including, but not limited to, workmen, subcontractors, and the public, resulting from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
If any judgment is rendered against PLACER COUNTY for any injury, death, or damage caused by CONTRACTOR as a result of work performed or completed, pursuant to this agreement, CONTRACTOR shall, at its own expense, satisfy and discharge any judgment.
As used above, the term PLACER COUNTY means PLACER COUNTY, its officers, agents, employees, and volunteers.
2. INSURANCE:
CONTRACTOR shall file with the COUNTY concurrently herewith a Certificate of Insurance, in companies acceptable to COUNTY, with a Best's Rating of no less than A- :VII showing.
3. WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:
Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.
If there is an exposure of injury to PROVIDER'S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or
ITEM NO. 7.
Attachment C
Bid No. 20000
statutes applicable to maritime employees, coverage shall be included for such injuries or claims.
Each Worker's Compensation policy shall be endorsed with the following specific language:
Cancellation Notice - “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
Waiver of Subrogation - The workers’ compensation policy shall be endorsed to state that the workers’ compensation carrier waives its right of subrogation against the County, its officers, directors, officials, employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULTANT.
CONTRACTOR shall require all SUBCONTRACTORS to maintain adequate Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with the County upon demand.
4. GENERAL LIABILITY INSURANCE:
A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
(1) Products and completed operations;
(2) Contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; and
(3) Broad form property damage (including completed operations) Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR'S work under the Contract.
B. One of the following forms is required:
(1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).
C. If CONTRACTOR carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:
One million dollars ($1,000,000) each occurrence
ITEM NO. 7.
Attachment C
Bid No. 20000
Two million dollars ($2,000,000) aggregate
D. If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) for Products Completed Operations Two million dollars ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars ($2,000,000).
E. Special Claims Made Policy Form Provisions:
CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the express prior written consent of COUNTY, which consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:
One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) aggregate for Products Completed Operations
Two million dollars ($2,000,000) General Aggregate
(2) The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to one (1) year following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims-made policy.
Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by the County as noted above. In no cases shall the types of polices be different.
5. ENDORSEMENTS:
Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:
ITEM NO. 7.
Attachment C
Bid No. 20000
A. "The County of Placer, its officers, agents, employees, and volunteers are to be covered as an additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement." B. "The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage to the County of Placer with respect to any insurance or self-insurance programs maintained by the County of Placer and no insurance held or owned by the County of Placer shall be called upon to contribute to a loss."
C. “This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to the County of Placer.”
6. AUTOMOBILE LIABILITY INSURANCE:
Automobile Liability insurance covering bodily injury and property damage in an amount no less than one million dollars ($1,000,000) combined single limit for each occurrence.
Covered vehicles shall include owned, non-owned, and hired automobiles/trucks.
7. ADDITIONAL REQUIREMENTS:
Premium Payments - The insurance companies shall have no recourse against the COUNTY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
Policy Deductibles - The CONTRACTOR shall be responsible for all deductibles in all of the CONSULTANT’s insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.
CONTRACTOR’s Obligations - CONTRACTOR’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.
Verification of Coverage - CONTRACTOR shall furnish the County with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the County before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
ITEM NO. 7.
Attachment C
Bid No. 20000
Material Breach - Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.
Certificate Holder –Placer County subscribes to a service that monitors insurance certificates for compliance with the above requirements. The Certificate Holder on insurance certificates and related documents should read as follows:
County of Placer
c/o EXIGIS LLC
PO Box 4668 ECM #35050
New York, NY 10168-4668
Fax: 888-355-3599
Email: [email protected]
Upon initial award of a contract to your firm, Exigis will contact you with further instructions for providing insurance certificates which meet the terms of the contract.
Certificates which amend or alter the coverage during the term of the contract, including updated certificates due to policy renewal, should be sent directly to Exigis via fax or email as indicated above.
***SOLE PROPRIETER LANGUAGE:
Workers’ Compensation
CONTRACTOR represents they have no employees and, therefore, not required to have Workers’ Compensation coverage.
CONTRACTOR agrees they have no rights, entitlements or claim against COUNTY for any type of employment benefits or workers’ compensation or other programs afforded to COUNTY employees.