HomeMy WebLinkAboutStaff Report 2308-18863.Approval of Amendment No. 1 to the Lease Agreement Between the City of Palo Alto and
the County of Santa Clara (Contract No. 1557819) at 2000 Geng Road for Safe Parking to
Extend the Term for Three Years; Prioritize Local Populations; and Clarify City’s
Landscaping Duties; CEQA Status – categorically exempt. Public Comment
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Administrative Services
Meeting Date: September 18, 2023
Report #:2308-1886
TITLE
Approval of Amendment No. 1 to the Lease Agreement Between the City of Palo Alto and the
County of Santa Clara (Contract No. 1557819) at 2000 Geng Road for Safe Parking to Extend the
Term for Three Years; Prioritize Local Populations; and Clarify City’s Landscaping Duties; CEQA
Status – categorically exempt.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee
to execute Amendment No. 1 (Attachment A) to the Lease Agreement by and between the City
of Palo Alto (City), as landlord, and the County of Santa Clara, as tenant, at 2000 Geng Road for
Safe Parking for an additional three (3) year term.
EXECUTIVE SUMMARY
Approval of the amended Lease Agreement will allow the continued operation of a 24-hour safe
parking program at 2000 Geng Road (Site). Safe parking provides places where people living in
their vehicles can safely and legally park and connect with services and support. The programs
provide a place for households to park temporarily, as well as connect to services and a path to
stable, permanent housing. Under the Lease Agreement, the site has been leased to the County
for 3 years, since September 2020. The County contracted with a local nonprofit organization,
Move Mountain View, to operate the safe parking program at the site. The proposed amendment
would extend the Lease Agreement for 3 years, add language to define safe parking program
participant preferences at the site, and clarify landscape maintenance responsibilities.
BACKGROUND
On September 14, 2020, City Council approved an interim safe parking ordinance and 3-year lease
with the County at 2000 Geng Road for safe parking.1 The County, leasing property from the City,
contracted with Move Mountain View to operate a safe parking program with 12 recreational
vehicles (RVs) parking spaces, each space may fit one RV or two cars, at 2000 Geng Road. In
addition to the City/County partnership at Geng Road for RVs, there are several congregation-
based sites that host safe parking for passenger vehicles. City staff is currently working on drafting
the safe parking ordinance and will be reporting back to Council with recommendations. Besides
safe parking, the Geng Road site also provides a variety of services including a kitchen, laundry
facilities, shower facilities, and a children’s library, and served 25 households, comprising 84
individuals. Approximately 64 percent of households served were affiliated with Palo Alto. A
household is considered affiliated with Palo Alto if they answered ‘Palo Alto’ to any of the
following questions:
1.If employed, what city do you work in?
2.If you go to school, in which city is your school?
3.In which city do you spend most of your time?
4.Which city did you live in prior to becoming homeless?
For context, in 2022, 276 unhoused Palo Altans interacted with service providers, taking an
assessment that helps providers understand individuals support needs.2 Of these Palo Altans, 29
percent reported sleeping in a vehicle.
ANALYSIS
Approval of the amendment to the lease agreement extends the term of the agreement an
additional three years, adds provisions to prioritize Palo Altans for program participation, and
clarifies landscape maintenance responsibilities.
In mid-July, the County released city-specific data from the January 2023 point-in-time (PIT) count
of people experiencing homelessness.3 The PIT count provides a snapshot of the number of
people experiencing homelessness, as counted by volunteers, on a particular day. The City of
1 City Council, September 14, 2020, Item #9: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/reports/city-manager-reports-cmrs/year-archive/2020-2/id-11513.pdf?t=58031.91.
Lease Agreement was included as a Supplemental Memo, found here:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2020-2/09142020-item-9-at-places-memo.pdf
2 City Council, March 10, 2023, Item #14, Attachment A, Appendix:
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82294
3 Santa Clara County Homeless Census and Survey Reports, https://osh.sccgov.org/continuum-care/reports-and-
publications/santa-clara-county-homeless-census-and-survey-reports
Palo Alto count of people experiencing homelessness decreased 25 percent, from 274 in 2022 to
206 in 2023. The 206 people counted included 187 unsheltered, 181 of which were sleeping in
vehicles. Of those vehicles, 68 percent were RVs. This indicates an ongoing need for safe parking
sites in Palo Alto. Additionally, the Geng Road site could be considered critical given that it is the
only safe parking in Palo Alto which can legally accommodate RVs.
Lease Section Proposed Language
FISCAL/RESOURCE IMPACT
STAKEHOLDER ENGAGEMENT
ENVIRONMENTAL REVIEW
ATTACHMENTS
APPROVED BY:
Vers.: Aug. 5, 2019
Page 1 of 5
AMENDMENT NO. 1 TO CONTRACT NO. 1557819
BETWEEN THE CITY OF PALO ALTO AND
THE COUNTY OF SANTA CLARA
This Amendment No. 1 (this “Amendment”) to Contract No. 1557819 (the “Contract” as
defined below) is entered into as of September 12, 2023 by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and the COUNTY OF SANTA CLARA,
apolitical subdivision of the State of California (“COUNTY”). CITY and COUNTY are referred to
collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties
hereto for the provision of the use of a portion of 2000 Geng Road 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”), as detailed therein.
B. The Parties now wish to amend the Contract in order to extend the term of the
lease, revise Exhibit C entitled “Performance Standards”, and revise miscellaneous provisions.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions
of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. 1557819
between COUNTY and CITY, dated September 17, 2020.
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 2 of the Contract is hereby amended to read as follows:
2. Term. The term of this Agreement shall commence upon the Effective
Date and end on September 16, 2026 (“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.
SECTION 3. Section 4 of the Contract is hereby amended to read as follows:
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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 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.
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Vers.: Aug. 5, 2019
Page 3 of 5
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. Beginning October 1, 2023, the City shall, at its own expense and on a
schedule determined by the City, maintain the landscaping extending from the right-of-way along
Geng Road to the fence line and the adjoining contiguous line created by the exterior wall of the
building on the Premises.
f. County shall provide and pay for its own power and utilities, if necessary,
to operate on the Premises.
g. 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.
SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as
indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are
hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “C” entitled “Performance Standards”, AMENDED, REPLACES
PREVIOUS.
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of
the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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Page 4 of 5
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives
executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
______________________________
City Manager
APPROVED AS TO FORM:
______________________________
City Attorney or designee
COUNTY OF SANTA CLARA
______________________________
Name: Jeff Draper
Title: Director, Facilities and Fleet
Department
APPROVED AS TO FORM AND LEGALITY:
______________________________
Name: Karen M. Willis
Title: Deputy County Counsel
Attachments:
Exhibit C – Performance Standards
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Vers.: Aug. 5, 2019
Page 5 of 5
EXHIBIT C
PERFORMANCE STANDARDS
County and its safe parking operator(s) shall adhere to these performance standards under this
Agreement:
(1) Target Population. The Safe Parking Program Operator shall give preference to
households who reside in or have a connection to the City.
(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 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.
(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.
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From:herb
To:Council, City; Clerk, City
Subject:September 18, 2023 Council Meeting, Item @3: Geng Road
Date:Sunday, September 17, 2023 5:50:53 PM
CAUTION: This email originated from outside of the organization. Be cautiousof opening attachments and clicking on links.
SEPTEMBER 18, CITY COUNCIL MEETING,, ANGENDA ITEM #3:GENG ROAD LEASE
I urge you to remove this item from your agenda to accomplishthe following:
Footnote #3 points to the Preliminary Point in Time Survey forthe County and San Jose only. Direct staff to first post onthe City's Internet site the final report with City data.
Palo Alto residence should be determined by legal residence inPalo Alto as of the date of this lease amendment. Being bornin a Palo Alto hospital is not residence.
Herb Borock