HomeMy WebLinkAbout2020-09-28 Ordinance 5505
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Ordinance No. 5505
Interim Ordinance of the Council of the City of Palo Alto Amending Chapters
18.28 (Special Purpose (PF, OS and AC) Districts) and 18.42 (Standards for Special
Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Adopt
Temporary Regulations Relating to Safe Parking in PF Districts
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. The number of households dwelling in vehicles has grown substantially in the past
decade. The lack of stable, affordable housing and other life circumstances have
contributed to this growth.
B. On thoroughfares throughout the city, individuals, families, and households of many
kinds can be found dwelling in recreational vehicles, trucks, vans, cars, and other
motorized vehicles.
C. The City must, for the health, safety, and welfare of the community, identify and
implement short-term and long-term solutions that support these households as they
pursue and ultimately secure affordable, stable housing. Safe parking programs, which
offer off-street, authorized parking spots in parking lots for households dwelling in their
vehicles, represent a short-term solution.
D. The County of Santa Clara has expressed a desire and willingness to host safe parking
programs on City land to provide assistance to homeless households as they seek and
follow a path towards stable housing.
E. The presence of these vehicles and the accompanying administration of assistance is a
minor additional use that would not conflict with the primary use of the properties nor
threaten the health, safety, or welfare of the community or its inhabitants. The
administration of such programs serves to enhance the health, safety, and welfare of
the community.
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SECTION 2. Section 18.28.040 (Land Uses) of Chapter 18.28 (Special Purpose (PF, OS and AC)
Districts) of Title 18 (Zoning) is hereby amended as follows (additions are underlined):
18.28.040 Land Uses
Table 1 shows the permitted (P) and conditionally permitted (CUP) land uses for the Special
Purpose Districts.
Table 1
Land Uses
PF OS AC Subject to
Regulations in
Chapter:
ACCESSORY AND SUPPORT USES
Accessory facilities and accessory uses P Chs. 18.40 and
18.42
Eating and drinking services in conjunction with a
permitted use
CUP(1)
Retail services as an accessory use to the
administrative offices of a non-profit organization,
provided that such retail services do not exceed 25% of
the gross floor area of the combined administrative
office services and retail service uses
CUP(1)
Retail services in conjunction with a permitted use CUP(1)
Sale of agricultural products produced on the premises;
provided, that no permanent commercial structure for
the sale or processing of agricultural products shall be
permitted.
P
Accessory dwelling units, subject to regulations in
Section 18.42.040
P(2) 18.42.040
Junior accessory dwelling unit P(2) 18.42.040
Safe Parking (3) 18.42.170
AGRICULTURAL AND OPEN SPACE USES
Agricultural Uses, including animal husbandry, crops,
dairying, horticulture, nurseries, livestock farming, tree
farming, viticulture, and similar uses not inconsistent
with the intent and purpose of this chapter
P P
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Botanical conservatories, outdoor nature laboratories,
and similar facilities
P
Native wildlife sanctuaries P
Park uses and uses incidental to park operation P
EDUCATIONAL, RELIGIOUS, AND ASSEMBLY USES
Business or trade schools CUP (1)
Churches and religious institutions CUP(1)
Educational, charitable, research, and philanthropic
institutions
CUP
Private educational facilities CUP(1)
Public or private colleges and universities and facilities
appurtenant thereto
CUP
Special education classes CUP (1)
OFFICE USES
Administrative office services for non-profit
organizations
CUP (1)
OTHER USES
Other uses which, in the opinion of the director, are
similar to those listed as permitted or conditionally
permitted uses
CUP(1)
PUBLIC/QUASI-PUBLIC FACILITY USES
All facilities owned or leased, and operated or used, by
the City of Palo Alto, the County of Santa Clara, the
State of California, the government of the United States,
the Palo Alto Unified School District, or any other
governmental agency, or leased by any such agency to
another party
P
Communication Facilities CUP
Community Centers CUP (1)
Utility Facilities CUP CUP CUP
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RECREATIONAL USES
Neighborhood recreation centers CUP (1)
Outdoor recreation services CUP (1) CUP
Recreational uses including riding academies, clubs,
stables, country clubs, and golf courses
CUP
Youth clubs CUP (1)
RESIDENTIAL USES
Single-family dwellings p
Manufactured housing (including mobile homes on
permanent foundations)
P 18.40.
Guest ranches CUP
Residential care facilities, when utilizing existing
structures on the site
CUP (1)
Residential Care Homes P
Residential use, and accessory buildings and uses
customarily incidental to permitted dwellings; provided,
however, that such permitted dwellings shall be for the
exclusive use of the owner or owners, or lessee or
lessor of land upon which the permitted agricultural use
is conducted, and the residence of other members of
the same family and bona fide employees of the
aforementioned
P
SERVICE USES
Animal care, including boarding and kennels CUP CUP
Cemeteries CUP
Cemeteries, not including mausolea, crematoria, or
columbaria
CUP
Small day care homes P
Large day care homes CUP
Art, dance, gymnastic, exercise or music studios or
classes
CUP (1)
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Medical Services:
Hospitals CUP
Outpatient medical facilities with associated medical
research
CUP
TEMPORARY USES
Temporary parking facilities, provided that such facilities
shall remain no more than five years
CUP (1)
TRANSPORTATION USES
Airports and airport-related uses CUP (1)
(1) Provided such use is conducted on property owned by the City of Palo Alto, the County of Santa
Clara, the State of California, the government of the United States, the Palo Alto Unified School District,
or any other governmental agency, and leased for said uses.
(2) An accessory dwelling unit or a Junior Accessory Dwelling Unit associated with a single -family
residence on a lot in the OS District is permitted, subject to the provisions of Section 18.42.040, and such
that no more than two total units result on the lot.
(3) Provided such use is conducted on property owned by the City of Palo Alto .
SECTION 3. Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) is hereby amended
to add a new Section 18.42.170 (PF District Safe Parking) to read as follows:
18.42.170 PF District Safe Parking
The following regulations apply to safe parking in the PF district described in Chapter 18.28 of
this Code.
(a) Purpose
The intent of this section is to establish regulations to govern the operation of safe parking
programs in the PF district within the City of Palo Alto. The safe parking programs provide
interim assistance to households using vehicles as their residence by providing a safe place to
park, access to restroom facilities, connection to social service programs, and other support to
transition households into permanent, stable housing.
(b) Definitions
(1) “Safe Parking” means the providing of shelter of homeless persons and where
the shelter is provided in vehicles located in designated Safe Parking Areas.
(2) “Safe Parking Area” means the area where the vehicles are parked for the Safe
Parking use within a PF district.
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(3) “Safe Parking Program Operator” means an agency or organization that
facilitates, administers, oversees, and provides staffing for Safe Parking uses in
Safe Parking Areas.
(c) City Council Approval Required
No person shall operate, allow, permit or suffer a Safe Parking use without approval from the
City Council through a contract, license, or lease for Safe Parking use. Notice of the Council
meeting shall be given by mail to owners and residents of property wi thin 600 feet of the
subject property. The notice shall include the address of the property, a brief description of the
proposed use, and the scheduled date and time of the meeting.
(d) Standards and Conduct of Use
The following standards shall apply to all Safe Parking uses:
(1) Number of vehicles. The number of vehicles shall be limited to those that can fit
in the Safe Parking Area while allowing for at least 10 feet of open space in all
directions between each vehicle. In addition, there shall be sufficient clearance
for emergency vehicles to access the site. The Fire Department shall review and
approve the maximum number of vehicles and the configuration of those
vehicles in accordance with the Fire Code and the standards in this Section.
(2) Noise. Audio, video, generator, or other amplified sound that is audible outside
the vehicles parked in the Safe Parking program is prohibited.
(3) Shelter in vehicles. All persons receiving Safe Parking shall shelter within their
vehicles overnight. No person shall be housed in tents, lean-tos, pop-outs, or
other temporary facilities outside of vehicles.
(4) Required facilities. Accessible restroom facilities, including a toilet and
handwashing sink, shall be available to persons utilizing the site for Safe Parking
at all times during the hours of operation. These facilities may be the existing
onsite facilities or mobile facilities brought onsite on a temporary basis to serve
persons utilizing Safe Parking.
(5) Contact information. The following emergency contact information shall be
posted on site in a place readily visible to persons utilizing Safe Parking: (i) a
contact phone number for the Safe Parking Program Operator; (ii) the police
non-emergency phone number; and (iii) 911. The Safe Parking Program
Operator shall be available at all hours of operation at the posted phone number
and shall be the first contact for non-emergency matters.
(6) Connection to county case management system. The Safe Parking use shall be
managed and operated by a Safe Parking Program Operator that participates in
the Santa Clara County Homeless Management Information System.
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(7) Safe, clean, orderly premises. The Safe Parking Area and other onsite areas
accessed by persons utilizing Safe Parking shall be maintained in a safe, clean
and orderly condition and manner.
(8) No leakage of contaminants. Black/grey water from vehicles shall be properly
disposed offsite in accordance with all relevant laws and regulations. Vehicles
that leak domestic sewage (including black/gray water) or other waste fluids or
solids, or other fluids (including, but not limited to, gasoline, transmission or
radiator fluid or engine oil), excluding potable water, are prohibited.
(9) Compliance with laws. The Safe Parking use shall be operated in a manner that
is fully in conformance with all State and local laws and regulations.
(d) No Assignment. No person shall assign or transfer a safe parking program contract,
license, or lease issued in compliance with this Section without written City approval.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 5. This ordinance is intended to supplement, and not replace, Palo Alto Ordinance
No. 5490, and therefore this ordinance is not “replacement legislation” as defined by Section 13
of Palo Alto Ordinance No. 5490.
SECTION 6. The Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3). This ordinance
identifies the regulations governing the use of certain, limited sites for Safe Parking. The
ordinance itself does not authorize the use of any sites without subsequent approval from the
City. Therefore, it can be seen with certainty that there is no possibility that the ordinance will
have a significant effect on the environment.
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SECTION 7. This Ordinance shall be effective on the thirty-first date after the date of its
adoption and shall expire upon adoption of replacement legislation by the City Council. Upon
expiration of this Ordinance, the City Clerk shall direct the City’s codifier to update the Palo Alto
Municipal Code as appropriate.
INTRODUCED: September 14, 2020
PASSED: September 28, 2020
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Planning & Development
Services
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1557619 1
LEASE AGREEMENT BETWEEN THE CITY OF PALO ALTO
AND
THE COUNTY OF SANTA CLARA
FOR
USE OF A PORTION OF 2000 GENG ROAD
This Lease Agreement (“Agreement”) is made as of the later(est) of the dates set
forth for the parties hereto on the signature page below (the “Effective Date”) by and
between THE CITY OF PALO ALTO, a municipal corporation of the State of California
(“City”) and the COUNTY OF SANTA CLARA, a political subdivision of the State of
California (“County”).
RECITALS
WHEREAS, City is the owner of certain real property located at 2000 Geng Road
in the City of Palo Alto, California and desires to lease a portion of the property as more
particularly described on Exhibit A attached hereto (“Premises”); and
WHEREAS, County desires to lease the Premises for a period of thirty-six (36)
months solely to provide the Premises for the County’s 24-hour safe parking program for
recreational and other vehicles and persons residing in such vehicles on a temporary
basis (“Safe Parking”); and
WHEREAS, subject to the covenants and conditions set forth below, the City
desires to lease to the County the Premises for the sole purpose of Safe Parking.
NOW, THEREFORE, it is agreed as follows:
1. Grant of Lease. City hereby grants to County a lease for the exclusive right
to use the Premises solely to provide Safe Parking in compliance with all federal, state,
and local laws. Notwithstanding the previous sentence, City may pass through the
Premises with reasonable notice to County to access adjacent lots; and City may enter
the Premises without any notice in emergency situations if there is a substantial risk to
health, safety, or property. The County’s use of the Premises for Safe Parking is restricted
to uses directly associated with providing a temporary location for and services to the
homeless in compliance with the standards in Exhibit C and shall be limited to no more
than twelve RV-sized parking spaces at any one time (each such space may fit one RV
or two cars). Other than for Safe Parking, County will not, nor will County allow anyone
else to, park on, remove, relocate, alter, attach anything to, or otherwise modify the
Premises, without the prior written consent in each instance of the City, which consent
may be granted or withheld in the City’s sole and absolute discretion. County shall not do
anything or permit anything to be done in or about the Premises which will in any way
obstruct or interfere with the rights of other tenants or occupants. County understands,
acknowledges, accepts and agrees that City is entering into this Agreement in its capacity
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as a property owner with a proprietary interest in the Premises and not as a regulatory
agency with police powers. Nothing herein shall limit in any way County’s obligation to
obtain any required regulatory approvals from City departments, boards or commissions
or other governmental regulatory authorities or limit in any way City’s exercise of its police
powers.
2. Term. The term of this Agreement shall commence upon the Effective Date
and end on the last day of the thirty-sixth month after commencement (“Term”).
Notwithstanding anything to the contrary this Agreement, the Term shall expire no later
than the date Government Code Section 8698.4 (or any statutory replacement thereof) is
repealed. It is understood that this Agreement is intended to give County a temporary use
of the Premises and that County shall not be entitled to relocation benefits, assistance,
damages (liquidated or otherwise), costs, claims or fees from City upon expiration,
termination, or cancellation of this Agreement.
3. Use Fee. County agrees to pay the City the sum of One Dollar ($1.00) for
the use of the Premises for the Term. County acknowledges that its interest in and/or use
of the Premises may be subject to possessory interest taxation and that such taxation
shall be County’s sole responsibility and liability.
4. Acceptance of Premises.
a. County expressly acknowledges and agrees that the Premises is
being made available for County’s use "as is" “where-is” “with all faults” and the City
makes no warranties or representations whatsoever regarding the condition of the
Premises or of its suitability for Safe Parking.
b. The City shall not have any obligation to make any alterations,
repairs, maintenance or improvements to the Premises prior to the commencement of
the Term or at any time thereafter.
c. County shall not alter the Premises without the prior written consent
of the City. County shall obtain, maintain and pay for all permits and licenses that may be
or are required for the use of the Premises. County acknowledges and agrees that
construction or improvement work performed under this Agreement may be considered a
public work within the meaning of California Labor Code Section 1720 and that the
requirements of Section 1771, et. seq. apply to such public work. County is solely
responsible and liable for ensuring compliance with all applicable prevailing wage laws.
County shall not allow any mechanic’s or other liens to be made against the property and
shall indemnify and save harmless City against all costs, liabilities, suits, claims and
demands, including legal fees and court costs, resulting from any such liens.
d. Prior to opening the Premises for Safe Parking, County shall, at its
own expense, make the following improvements to the Premises:
i. Ensure the Premises have two pedestrian exiting gates that
allow persons to exit the Premises towards Geng Road.
Notwithstanding anything to the contrary in this Agreement,
the County shall not be required to remove or restore any new
exiting improvements added to the Premises at the end of the
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Term. The plans for any new exiting gates shall be subject
the reasonable approval of the City.
ii. Install means of controlling access to the garage bays on the
Premises. Such means of controlling access may be chain
link fencing and gates or other means. County shall remove
the means of access control at the end of this Lease unless
City waives this in writing.
iii. The County is permitted, though not required, to stripe the
surface of the parking area to demarcate where vehicles may
be permitted. The County shall submit to the City plans for the
layout of the vehicles prior to operating the Safe Parking
program. Such layout plan shall be reviewed by the City for
compliance with the local and state Fire Code. Should County
stripe the surface of the parking area, County shall remove
the striping at the end of this Lease unless City waives this in
writing.
iv. County shall provide City with a copy of all keys, access
codes, etc. for any locks or other means of access control
installed by County. City shall return these keys at the end of
this Lease if the locks are being returned to County.
Notwithstanding subsection c. above, the County may make the improvements set forth
in subsection d. above without the prior consent of the City, except as may be specifically
set forth in subsection d. above.
e. County shall provide and pay for its own power and utilities, if
necessary, to operate on the Premises.
f. County shall not open the Premises to Safe Parking clients until the
City’s ordinance permitting safe parking in its PF Districts becomes effective. Prior to this,
the County may prepare the Premises for Safe Parking use, including making the
improvements listed in Section d. above.
5. Maintenance of Premises. County shall at all times maintain the Premises
in good repair and in a clean, neat, sanitary, safe, and orderly fashion, minimize any dust
and noise in conformance with neighborhood standards, refrain from (and cause
representatives and occupants to refrain from) placing, storing and/or using any
hazardous substances at the Premises (other than reasonable quantities of fuel for the
occupants’ vehicles and living needs and residential cleaning products), and promptly
remove any and all garbage and/or debris placed onto the Premises regularly throughout
and prior to the end of the Term. If County fails to keep the Premises in good condition
and repair and continues such failure after five (5) business days’ notice from the City,
City may make any necessary repairs and bill County for the cost of such repairs and
such amount shall be payable by County within thirty (30) days invoice from the City.
County and County’s representatives and occupants shall not cause, nor shall County
and County’s representatives and occupants allow anyone to cause, any Hazardous
Material (as defined below) to be sold, offered for sale, released, brought upon, kept,
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used, stored, generated or disposed of in, on or about the Premises. No waste, including
any Hazardous Waste, generated as a result of the operation shall be left, stored or
disposed of on the Premises. For purposes hereof, “Hazardous Material” means, but is
not limited to, material that, because of its quantity, concentration or physical or chemical
characteristics, is at any time now or hereafter deemed by any federal, state or local
governmental authority to pose a present or potential hazard to public health, safety,
welfare or the environment, including but not limited to consumer safety and health. The
meaning of “Hazardous Material” as used herein also includes, without limitation, any
material or substance defined as a “hazardous substance, pollutant or contaminant”
pursuant to the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, 42 U.S.C. Sections 9601 et seq., or pursuant to Section 25316
of the California Health & Safety Code; a “hazardous waste” listed pursuant to Section
25140 of the California Health & Safety Code; any asbestos and asbestos containing
materials whether or not such materials are part of the Premises or are naturally occurring
substances in the Premises; any chemical, content or product failing to meet the
applicable standards imposed by regulation or other law falling within the jurisdiction of
the U.S. Consumer Product Safety Commission, the U.S. Department of Transportation,
the U.S. Environmental Protection Agency, the U.S. Federal Trade Commission, the U.S.
Food and Drug Administration, U.S. Department of Agriculture, or any local or state
agency or department of equivalent or similar jurisdiction or authority; and/or any other
similarly regulated product, substance or chemical containing regulated levels of lead,
phthalates, bloodborne pathogens, bio-waste, medical waste, pesticides, those products
for which a pesticidal claims is made, and/or pharmaceuticals. The meaning of Hazardous
Material, as used herein, shall also include any petroleum, including, without limitation,
crude oil or any fraction thereof, natural gas or natural gas liquids. Notwithstanding the
foregoing, County may use reasonable amounts of cleaning supplies in connection with
Safe Parking and may have fuel in vehicles in standard amounts necessary to operate
the same, in compliance with applicable law.
6. Surrender of Premises.
a. Upon cancellation, termination, or expiration of this Agreement,
County shall restore and return the Premises to the City, at no expense to City, in as good
or better condition as of the Effective Date of this Agreement, reasonable wear and tear
excepted. The Premises shall be returned without any RVs or other vehicles parked or
otherwise using the site. Should County fail to remove or dispose of personal property at
the end of the Term or earlier termination of this Agreement, City may consider the
property abandoned and may claim proper title to it or dispose of it at County’s expense.
b. County shall repair all damage caused to the Premises during the
Term at no cost to the City.
7. Assignment. County shall not transfer or assign any or all rights or
obligations under this Agreement, and any attempt at assignment shall be wholly void
and of no effect. This Agreement is made and entered into solely for the benefit of the
City and County, and no other third person shall have any right of action under this
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Agreement. Notwithstanding anything to the contrary above in this, the County shall have
the right to engage third parties to manage and/or provide services to the Premises
subject to and in accordance with the terms of this Agreement.
8. No Agent: County shall not become an agent or employee of City by virtue
of this Agreement, and the parties expressly agree that no agency or employment
relationship is created by this Agreement.
9. Insurance. County and County’s contractors and subcontractors
performing or carrying out the Safe Parking shall at its/their own expense, but for the
mutual benefit of City and County, agrees to have and maintain the policies set forth in
Exhibit B, entitled “INSURANCE REQUIREMENTS”, which is attached hereto and
incorporated herein.
10. Indemnification. Each party (the “Indemnitor”) shall indemnify, defend, and
hold the other party, and its respective officers, agents, and employees (collectively, the
“Indemnitee”), harmless from and against any and all costs, loss, damages, claims,
liability and/or expenses, including defense costs, legal fees and attorneys’ fees, and
claims for damages of any nature whatsoever, including, but not limited to, bodily injury,
death, personal injury or property damage, arising out of the Indemnitor’s sole negligence
or willful misconduct. The Indemnitor shall reimburse the Indemnitee for all costs,
attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the
Indemnitor contests its obligation to indemnify, defend and/or hold harmless the
Indemnitee under this Agreement and does not prevail in that contest. Each party’s
obligations under this paragraph are intended to apply to the fullest extent permitted by
law and shall survive the expiration or sooner termination of this Agreement.
11. Termination. If the County violates any of the terms and conditions set forth
in this Agreement, City may provide County with written notice of such violation and give
County a reasonable amount of time to cure such violations. If County fails to cure such
violation within a reasonable time after receipt of written notice from the City, then City
shall have the right to terminate this Agreement immediately upon written notice from City
to County. In addition, County may terminate this Agreement at any time with ten (10)
business days’ prior notice to City. In the event a termination of this Agreement, County
agrees to cause all of its agents, officers and employees to immediately vacate the
Premises and to remove all equipment and/or other property belonging to County, its
agents, officers and/or employees from the Premises and to restore the Premises to the
condition required hereunder.
12. Notices. All notices and other communications required or permitted to be
given under this Agreement shall be in writing and shall be personally served or mailed,
postage prepaid and return receipt requested, addressed to the respective parties as
follows:
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To City: City of Palo Alto
Real Estate Division
PO Box 10250
Palo Alto, CA 94303
To County: County of Santa Clara
Office of Supportive Housing
2310 North First Street, Suite 201
San Jose, CA 95131
or to such other address as any party may designate by notice in accordance with this
Section.
A copy of any notice of a legal nature, including but not limited to, any claims against a
party, its officers, or employees shall also be served in the manner specified above to the
following addresses:
To City: Office of the City Clerk
City Hall, 7th Floor
250 Hamilton Avenue
Palo Alto, CA 94301
With a copy to: Office of the City Attorney
City Hall, 8th Floor
250 Hamilton Avenue
Palo Alto, CA 94301
To County Counsel: Office of the County Counsel
County of Santa Clara
70 West Hedding Street, East Wing, 9th Floor
San Jose, CA 95110
Attention: County Counsel
Notice shall be deemed effective on the date personally delivered or, if appropriate, on
the date delivery is refused.
13. Nondiscrimination. Neither party hereto shall discriminate, in any way,
against any person on the basis of race, sex, color, age, religion, sexual orientation,
disability, actual or perceived gender identity, ethnicity, or national origin, in connection
with the use, occupancy, tenure or enjoyment of the Premises.
14. Governing Law. The law governing this Agreement shall be that of the State
of California.
15. Venue. If suit shall be brought by either party to this Agreement, the parties
agree that venue shall be exclusively vested in the state courts of the County of Santa
DocuSign Envelope ID: 02762FB1-87BD-4F3D-930D-95BEB6C674BDDocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CBDocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
1557619 7
Clara, or if federal jurisdiction is appropriate, exclusively in the United States District
Court, Northern District of California, San Jose, California.
16. Severability. If any term, covenant, condition or provision of this Agreement,
or the application thereof to any person or circumstance, shall to any extent be held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
terms, covenants, conditions or provisions of this Agreement, or the application thereof
to any person or circumstance, shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
17. Compliance with Laws. County and all of its officers, employees, agents,
consultants and contractors shall comply with all applicable federal, state and local codes,
rules, regulations and guidelines as they pertain to this Agreement and the Safe Parking
contemplated herein; provided, however, the City acknowledges and agrees that (a) the
County is operating the Safe Parking pursuant to Government Code Section 8698.4,
which allows “any housing, health, habitability, planning and zoning, or safety standards,
procedures, or laws” to be suspended for homeless shelters, provided the County “has
adopted health and safety standards for homeless shelters consistent with ensuring
minimal public health and safety and those standards are complied with”, and (b) the
County has adopted and intends to adhere to County Ordinance C22 regarding Shelter
Crisis Developments.
18. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be considered an original, but all of which together shall
constitute one and the same instrument. Unless otherwise prohibited by law or County
policy, the parties agree that an electronic copy of this agreement, or an electronically
signed agreement, has the same force and legal effect as the agreement executed with
an original ink signature. The term “electronic copy of this agreement” refers to a
transmission by facsimile, electronic mail, or other electronic means of a copy of the
original signed agreement in a portable document format. The term “electronically signed
agreement” means the agreement that is executed by applying an electronic signature
using DocuSign or technology approved by the County.
19. Accessibility Standards Notice. As may be required by Section 1938(a) of
the California Civil Code, City discloses to County that the Premises have not undergone
inspection by a certified access specialist (“CASp”). As required by Section 1938(e) of
the California Civil Code, City also states that: “A CASp can inspect the Premises and
determine whether the Premises complies with all of the applicable construction-related
accessibility standards under state law. Although state law does not require a CASp
inspection of the Premises, the commercial property owner or lessor may not prohibit the
lessee or tenant from obtaining a CASp inspection of the Premises for the occupancy or
potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The
parties shall mutually agree on the arrangements for the time and manner of the CASp
inspection, the payment of the fee for the CASp inspection, and the cost of making any
DocuSign Envelope ID: 02762FB1-87BD-4F3D-930D-95BEB6C674BDDocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CBDocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
1557619 8
repairs necessary to correct violations of construction-related accessibility standards
within the Premises.”
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
“COUNTY”
COUNTY OF SANTA CLARA, a political
subdivision of the State of California
By_______________________________
Name:
Title:
Date: __________, 2020
APPROVED AS TO FORM AND
LEGALITY:
_______________________________
KAREN M. WILLIS
Deputy County Counsel
“CITY”
CITY OF PALO ALTO, a municipal
corporation
By_______________________________
Name:
Title:
Date: _______________, 2020
APPROVED AS TO FORM:
________________________________
City Attorney or designee
DocuSign Envelope ID: 02762FB1-87BD-4F3D-930D-95BEB6C674BD
Director, Facilities and Fleet
jeff.draper@faf.sccgov.org
09/10
DocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CB
Ed Shikada
City Manager
09/17
DocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
A-1
EXHIBIT A
PREMISES
The Premises is the area within the red border at the property generally known as 2000
Geng Road in Palo Alto. The Premises includes all improvements present on the
Premises at the time the Lease is executed (and may or may not be depicted in this
general photo above), including but not limited to: buildings, structures, landscaping,
and paving, and utilities infrastucture.
DocuSign Envelope ID: 02762FB1-87BD-4F3D-930D-95BEB6C674BDDocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CBDocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
B-1
EXHIBIT B
INSURANCE REQUIREMENTS
THE COUNTY, AT ITS SOLE EXPENSE, SHALL FOR THE TERM OF THE LEASE OBTAIN AND MAINTAIN
INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES
WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, AUTHORIZED TO TRANSACT INSURANCE BUSINESS
IN THE STATE OF CALIFORNIA.
LEASE IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS
SPECIFIED, BELOW:
REQUIRED
TYPE OF COVERAGE
REQUIREMENT
MINIMUM LIMITS
EACH
OCCURRENCE AGGREGATE
YES WORKER’S COMPENSATION
YES EMPLOYER’S LIABILITY
STATUTORY
YES GENERAL LIABILITY, INCLUDING
PERSONAL INJURY, BROAD FORM
PROPERTY DAMAGE BLANKET
CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
$2,000,000
$2,000,000
$5,000,000
$5,000,000
YES AUTOMOBILE LIABILITY, INCLUDING
ALL OWNED, HIRED, NON-OWNED
BODILY INJURY
- EACH PERSON
- EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES PROPERTY INSURANCE
Coverage for property damage due to the
County’s actions or omissions shall be provided
with the general liability coverage required
above
YES COUNTY, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT
THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED.
I. INSURANCE COVERAGE MUST INCLUDE:
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSUREDS.
B. CROSS LIABILITY
DocuSign Envelope ID: 02762FB1-87BD-4F3D-930D-95BEB6C674BDDocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CBDocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
B-2
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER
THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE
INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF CONSULTANT UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, CONSULTANT
SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE
BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE
NON-PAYMENT OF PREMIUM, COUNTY SHALL PROVIDE CITY AT LEAST
A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
II. SELF-INSURANCE
Any self-insurance must first be approved in writing by the City upon satisfactory evidence of financial
capacity. County’s insurance obligations under this Lease may be satisfied in whole or in part by
adequately funded self-insurance programs or self-insurance retentions.
DocuSign Envelope ID: 02762FB1-87BD-4F3D-930D-95BEB6C674BDDocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CBDocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
B-3
EXHIBIT C
PERFORMANCE STANDARDS
County and its safe parking operator(s) shall adhere to these performance standards
under this Agreement:
(1) Noise. Audio, video, generator, or other amplified sound that is audible outside
the vehicles parked in the Safe Parking program is prohibited.
(2) Shelter in vehicles. All persons receiving Safe Parking shall shelter within their
vehicles overnight. No person shall be housed in tents, lean-tos, pop-outs, or
other temporary facilities outside of vehicles.
(3) Required facilities. Accessible restroom facilities, including a toilet and
handwashing sink, shall be available to persons utilizing the site for Safe Parking
at all times during the hours of operation. These facilities may be the existing
onsite facilities or mobile facilities brought onsite on a temporary basis to serve
persons utilizing Safe Parking.
(4) Contact information. The following emergency contact information shall be
posted on site in a place readily visible to persons utilizing Safe Parking: (i) a
contact phone number for the Safe Parking Program Operator; (ii) the police
non-emergency phone number; and (iii) 911. The Safe Parking Program
Operator shall be available at all hours of operation at the posted phone number
and shall be the first contact for non-emergency matters.
(5) Connection to Homeless Management Information System. The Safe Parking use
shall be managed and operated by a Safe Parking Program Operator that
participates in the Santa Clara County Homeless Management Information
System.
(6) Safe, clean, orderly premises. The Safe Parking Area and other onsite areas
accessed by persons utilizing Safe Parking shall be maintained in a safe, clean
and orderly condition and manner.
(7) No leakage of contaminants. Black/grey water from vehicles shall be properly
disposed offsite in accordance with all relevant laws and regulations. Vehicles
that leak domestic sewage (including black/gray water) or other waste fluids or
solids, or other fluids (including, but not limited to, gasoline, transmission or
radiator fluid or engine oil), excluding potable water, are prohibited.
(8) Compliance with laws. The Safe Parking use shall be operated in a manner that
is fully in conformance with all State and local laws.
DocuSign Envelope ID: 02762FB1-87BD-4F3D-930D-95BEB6C674BDDocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CBDocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
Certificate Of Completion
Envelope Id: 02762FB187BD4F3D930D95BEB6C674BD Status: Completed
Subject: Please DocuSign: Attachment B City of Palo Alto-County Safe Parking Lease
Source Envelope:
Document Pages: 12 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Madina Klicheva
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Madina.Klicheva@CityofPaloAlto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
9/10/2020 10:41:35 AM
Holder: Madina Klicheva
Madina.Klicheva@CityofPaloAlto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Karen Willis
karen.willis@cco.sccgov.org
Deputy County Counsel
County of Santa Clara
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 146.74.1.99
Sent: 9/10/2020 10:47:52 AM
Viewed: 9/10/2020 10:50:17 AM
Signed: 9/10/2020 10:54:50 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
jeff.draper@faf.sccgov.org
jeff.draper@faf.sccgov.org
Director, Facilities and Fleet
County of Santa Clara
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 76.14.11.226
Sent: 9/10/2020 10:54:53 AM
Viewed: 9/10/2020 2:49:55 PM
Signed: 9/10/2020 2:50:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/10/2020 10:54:53 AM
DocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CBDocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
Envelope Summary Events Status Timestamps
Certified Delivered Security Checked 9/10/2020 2:49:55 PM
Signing Complete Security Checked 9/10/2020 2:50:37 PM
Completed Security Checked 9/10/2020 2:50:37 PM
Payment Events Status Timestamps
DocuSign Envelope ID: 6DB2FF8D-7206-4C22-97A6-359CEB0874CBDocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
Certificate Of Completion
Envelope Id: 6DB2FF8D72064C2297A6359CEB0874CB Status: Completed
Subject: Please DocuSign: City of Palo Alto-County Safe Parking Lease Agreement - 2000 Geng Rd
Source Envelope:
Document Pages: 14 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Madina Klicheva
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Madina.Klicheva@CityofPaloAlto.org
IP Address: 24.7.54.36
Record Tracking
Status: Original
9/17/2020 8:57:54 AM
Holder: Madina Klicheva
Madina.Klicheva@CityofPaloAlto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Tim Shimizu
Tim.Shimizu@CityofPaloAlto.org
Deputy City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 9/17/2020 9:03:15 AM
Viewed: 9/17/2020 9:03:51 AM
Signed: 9/17/2020 9:04:40 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada, City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 9/17/2020 9:04:42 AM
Viewed: 9/17/2020 2:01:53 PM
Signed: 9/17/2020 2:02:01 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/17/2020 9:04:42 AM
DocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
Envelope Summary Events Status Timestamps
Certified Delivered Security Checked 9/17/2020 2:01:53 PM
Signing Complete Security Checked 9/17/2020 2:02:01 PM
Completed Security Checked 9/17/2020 2:02:01 PM
Payment Events Status Timestamps
DocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
Attachment C – 2000 Geng Road
DocuSign Envelope ID: EEC3D7E1-71F2-4978-A178-800AD3C861B3
Certificate Of Completion
Envelope Id: EEC3D7E171F24978A178800AD3C861B3 Status: Completed
Subject: Please DocuSign: ORD 5505 Attachment A_CPA-County_Safe Parking Lease Agreement_2000 Geng Rd.pdf...
Source Envelope:
Document Pages: 25 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Kim Lunt
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
kimberly.lunt@cityofpaloalto.org
IP Address: 199.33.32.254
Record Tracking
Status: Original
10/14/2020 10:58:52 AM
Holder: Kim Lunt
kimberly.lunt@cityofpaloalto.org
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign
Signer Events Signature Timestamp
Tim Shimizu
Tim.Shimizu@CityofPaloAlto.org
Deputy City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 67.169.5.157
Sent: 10/14/2020 11:01:29 AM
Viewed: 10/14/2020 11:02:22 AM
Signed: 10/14/2020 11:02:41 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jonathan Lait
Jonathan.Lait@CityofPaloAlto.org
Interim Director Planning and Community
Environment
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 99.88.42.180
Sent: 10/14/2020 11:02:45 AM
Resent: 10/16/2020 9:04:37 AM
Viewed: 10/19/2020 4:51:21 PM
Signed: 10/19/2020 4:51:44 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Ed Shikada
ed.shikada@cityofpaloalto.org
Ed Shikada, City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 10/19/2020 4:51:48 PM
Viewed: 10/19/2020 4:54:41 PM
Signed: 10/19/2020 5:06:17 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Adrian Fine
adrian.fine@cityofpaloalto.org
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.68.152.145
Sent: 10/19/2020 5:06:21 PM
Viewed: 10/19/2020 5:21:18 PM
Signed: 10/19/2020 5:21:25 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Beth Minor
Beth.Minor@CityofPaloAlto.org
City Clerk
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
Sent: 10/19/2020 5:21:29 PM
Viewed: 10/19/2020 5:29:33 PM
Signed: 10/19/2020 5:29:56 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/19/2020 5:21:29 PM
Certified Delivered Security Checked 10/19/2020 5:29:33 PM
Signing Complete Security Checked 10/19/2020 5:29:56 PM
Completed Security Checked 10/19/2020 5:29:56 PM
Payment Events Status Timestamps