Amendment No. 1 to Revocable License Agreements with New Beginnings for Term Extension

Agenda Item B.2

CPMS CONSENT CALENDAR
Meeting Date: February 21, 2023
TO: Mayor and Councilmembers
FROM: Jaime A. Valdez, Neighborhood Services Director
SUBJECT: Amendment No. 1 to Revocable License Agreements with New Beginnings for Term Extension
RECOMMENDATION:

Approve and authorize the City Manager to execute Amendment No. 1 to Revocable License Agreements with New Beginnings for Operation of Safe Parking P rograms at Goleta Community Center and Jonny D. Wallis Park to extend the term until June 30, 2023.

BACKGROUND:

On April 30, 2020, the City entered into Revocable License Agreements with New Beginnings to allow the use of three oversized vehicle parking spaces and up to eight standard vehicle parking spaces in the City’s parking lot at the Goleta Community Center (“GCC”) and seven spaces at the Jonny D. Wallis Neighborhood Park (“JDW Park”) during the COVID-19 emergency.

The purpose of the agreement is to provide a safe and sanitary place for people to park their recreational and standard vehicles in which they live to comply with State and local orders that required members of the public to shelter in place, issued in response to the COVID-19 pandemic.

DISCUSSION:

The termination clauses in both agreements provide that the agreement would end at the time the state shelter-in-place orders or the City’s local emergency, whichever occurs last in time. State shelter-in-place orders have already terminated and the City Council will consider a concurrent item on its agenda on February 21, 2023, to terminate the City’s local emergency declaration. With the termination of the Agreement, New Beginnings must remove all vehicles, equipment and materials from the G CC and JDW Park. There is a continued need in the City for safe and sanitary parking for individuals who utilize their recreational and standard vehicles as their dwelling. 1 Meeting Date: February 21, 2023

Page 2 of 2 ends

Staff recommends that Council authorize the City Manager to execute the amendment to the Revocable License Agreements to provide that the agreements will end on June 30, 2023, essentially giving New Beginnings approximately four months before termination.

This amount of time allows staff to communicate with New Beginnings and ascertain whether they would prefer to continue their operations at the GCC and JDW Park past June 30, 2023. If they request an extension beyond June 30, 2023, staff will return with a future City Council agenda item to seek Council consideration of such request.

FISCAL IMPACTS:

There are no fiscal impact associated with this agreement.

ALTERNATIVES:

Council may deny the amendment to the agreement s in which case New Beginnings would need to remove all vehicles and equipment immediately.

Reviewed By: Legal Review By: Approved By:

___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager

ATTACHMENTS:

1. Amendment No.1 to Revocable License Agreement with New Beginnings at the Goleta Community Center

2. Amendment No.1 to Revocable License Agreement with New Beginnings at the Jonny D. Wallis Park

3. Revocable License Agreements with New Beginnings
2 ATTACHMENT 1:

Amendment No.1 to Revocable License Agreement with New Beginnings at the Goleta Community Center

3 1

FIRST AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT

BY AND BETWEEN THE CITY OF GOLETA AND NEW BEGINNINGS

FOR TEMPORARY USE OF CITY PARKING SPACES LOCATED AT THE GOLETA

COMMUNITY CENTER

THIS FIRST AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT FOR

TEMPORARY USE OF CITY PARKING SPACES LOCATED AT THE GOLETA COMMUNITY CENTER (“Amendment One”) is made effective as of this ________ day of February 2023, by and between the City of G oleta, a California municipal corporation (“City”) and New Beginnings Counseling Center, a California non-profit public benefit corporation (“New Beginnings”). New Beginnings and the City may each be individually referred to herein as a “Party” and collectively referred to as the “Parties.”

RECITALS
WHEREAS, effective April 30, 2020, the Parties entered into a Revocable License Agreement (“Agreement”) which, authorized New Beginnings to utilize three (3) oversized parking spaces and up to eight (8) standard vehicle parking spaces in the City’s parking lot located at the Goleta Community Center (“GCC”) during daytime hours; WHEREAS, the purpose of the Agreement was to provide a safe and sanitary place for people to park their recreational and standard vehicles in whic h they live in order to comply with State and local orders that required members of the public to shelter in place, issued in response to the COVID-19 pandemic;
WHEREAS, pursuant to Section 1 of the Agreement, the Agreement shall, “ . . . continue until the end of the shelter -in place orders that have been issued by Governor Newsom and the rescission of the CITY’s local emergency, whichever occurs last in time.”; WHEREAS, although State and local shelter at home orders are no longer in effect, and the City of Goleta terminated its local emergency declared in response to COVID-19 on February __ 2023, there is a continued need in the City for safe and sanitary parking for individuals who utilize their recreational and standard vehicles as their dwelling; WHEREAS, pursuant to Section 12 of the Agreement, the Agreement may be amended in a writing executed by both Parties;
WHEREAS, the Parties desire to amend the Agreement to extend the duration of the Agreement until June 30, 2023.

TERMS
NOW THEREFORE, i n consideration of the foregoing recitals, mutual understandings, and other good, valuable and sufficient consideration, the City and New Beginnings agree as follows:
4 2

1. Incorporation of Recitals . The City and New Beginnings acknowledge that the above recitals are true and correct, and incorporate those recitals by reference into this Amendment One.

2. Term. Section 1 of the Agreement is amended to read in full as follows:
1 Term. The term of the Agreement shall commence on the Effective Date and continue until June 30, 2023. Notwithstanding the foregoing, either party may terminate this agreement without cause upon 10 days written notice to the other party. NEW BEGINNINGS expressly acknowledges that it and its guests, invitees and permittees have no permanent right to the continued use of the Designated Spaces, nor does this Agreement give rise to any such right, title or interest in CITY’s property. Upon expiration of termination of this Agreement, NEW BEGINNINGS shall remove all vehicles, equipment and materials from the license area and restore the property to its original condition.

3. No Further Amendments. Except as expressly stated herein, all other terms of the Agreement remain unchanged by this Amendment One.

IN WITNESS WHEREOF, the City and New Beginnings have executed this Amendment One as of the day and first year above written.

CITY OF GOLETA
a California municipal corporation

By: ___________________________________
Robert Nisbet
City Manager

Attest:

___________________________________
City Clerk

Approved as to Form:

___________________________________
Megan Garibaldi
City Attorney
___

NEW BEGINNINGS
a California non-profit public benefit corporation

By: __________________________________

5 ATTACHMENT 2:

Amendment No.1 to Revocable License Agreement with New Beginnings at the Jonny D. Wallis Park

6 1

FIRST AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT

BY AND BETWEEN THE CITY OF GOLETA AND NEW BEGINNINGS
FOR TEMPORARY USE OF CITY PARKING SPACES LOCATED AT JONNY D.

WALLIS NEIGHBORHOOD PARK

THIS FIRST AMENDMENT TO THE REVOCABLE LICENSE AGREEMENT FOR TEMPORARY USE OF CITY PARKING SPACES LOCATED AT JONNY D. WALLIS NEIGHBORHOOD PARK (“Amendment One”) is made effective as of this ________ day of February 2023, by and between the City of G oleta, a California municipal corporation (“City”) and New Beginnings Counseling Center, a California non-profit public benefit corporation (“New Beginnings”). New Beginnings and the City may each be individually referred to herein as a “Party” and collectively referred to as the “Parties.”

RECITALS
WHEREAS, effective April 30, 2020, the Parties entered into a Revocable License Agreement (“Agreement”) which, authorized New Beginnings to utilize up to seven (7) non - oversized, standard vehicle parking spaces in the City’s parking lot at Jonny D. Wallis Neighborhood Park (“Park”) located at 170 South Kellogg Avenue during the daytime hours; WHEREAS, the purpose of the Agreement was to provide a safe a nd sanitary place for people to park their recreational and standard vehicles in which they live in order to comply with State and local orders that required members of the public to shelter in place, issued in response to the COVID-19 pandemic;
WHEREAS, pursuant to Section 1 of the Agreement, the Agreement shall, “ . . . continue until the end of the shelter -in place orders that have been issued by Governor Newsom and the rescission of the CITY’s local emergency, whichever occurs last in time.”; WHEREAS, although State and local shelter at home orders are no longer in effect, and the City of Goleta terminated its local emergency declared in response to COVID-19 on February __ 2023, there is a continued need in the City for safe and sanitary parking for indi viduals who utilize their recreational and standard vehicles as their dwelling; WHEREAS, pursuant to Section 12 of the Agreement, the Agreement may be amended in a writing executed by both Parties;
WHEREAS, the Parties desire to amend the Agreement to extend the duration of the Agreement until June 30, 2023.

TERMS
NOW THEREFORE, i n consideration of the foregoing recitals, mutual understandings, and other good, valuable and sufficient consideration, the City and New Beginnings agree as follows:
7 2

1. Incorporation of Recitals . The City and New Beginnings acknowledge that the above recitals are true and correct, and incorporate those recitals by reference into this Amendment One.

2. Term. Section 1 of the Agreement is amended to read in full as follows:
1 Term. The term of this Agreement shall commence on the Effective Date and continue until June 30, 2023. Notwithstanding the foregoing, either party may terminate this agreement without cause upon 10 days written notice to the other party. NEW BEGINNINGS expressly acknowledges that it and its guests, invitees and permittees have no permanent right to the continued use of the Designated Spaces, nor does this Agreement give rise to any such right, title or i nterest in CITY’s property. Upon expiration of termination of this Agreement, NEW BEGINNINGS shall remove all vehicles, equipment and materials from the license area and restore the property to its original condition.

3. No Further Amendments. Except as expressly stated herein, all other terms of the Agreement remain unchanged by this Amendment One.

IN WITNESS WHEREOF, the City and New Beginnings have executed this Amendment One as of the day and first year above written.

CITY OF GOLETA
a California municipal corporation

By: ___________________________________
Robert Nisbet
City Manager

Attest:

___________________________________
City Clerk

Approved as to Form:

___________________________________
Megan Garibaldi
City Attorney
___

NEW BEGINNINGS
a California non-profit public benefit corporation

By: __________________________________

8 ATTACHMENT 3:

Revocable License Agreements with New Beginnings

9 REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement (“Agreement”) is made as of April __, 2020 (“Effective Date”) by and betwe
en the City of Goleta (“CITY”) and New Beginnings Counseling Center, a non-profit public benefit corporation (“NEW BEGINNINGS”).

R E C I T A L S
A. International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes which has been named “coronavirus disease 2019,” abbreviated COVID-19 (“COVID-19”).

B. CITY and NEW BEGINNINGS are concerned with the safety, health and welfare of the community and wish to safeguard private property and provide a safe and sanitary place for people to park their recreational and standard vehicles, in which they live, in order to comply with State and local orders to shelter in place.

C. NEW BEGINNINGS seeks to utilize three ov ersized vehicle par king spaces and up to eight standard vehicle parking spaces during the daytime hours in CITY’S parking lot at the Goleta Community Center (“GCC”) (located at 5679 Hollister Avenue), and CITY is willing to make those spaces temporarily available for that purpose during the COVID-19 emergency.

D. NEW BEGINNINGS wishes to support and manage the daytime parking spaces at GCC and is willing to commit staff to supervise this project.

NOW, THEREFORE , in consideration of the covenants and conditions contained herein, CITY and NEW BEGINNINGS agree as follows:

1. Term: The term of this Agreement shall commence on the Ef fective Date and continue until the end of the shelter-in-place orders that have been issued by Governor Newsom and the rescission of CITY’s local emergency, whichever event occurs last in time. Notwithstanding the foregoing, either party may terminate this agreement without cause upon 10 days written notice to the other party. NEW BEGINNINGS expressly acknowledges that it and its guests, invitees and permittees have no permanent right to the continued use of the Designated Spaces, nor does this Agreement give rise to any such right, title or interest in CITY’s property.

Upon expiration of termination of this Agreement, NEW BEGINNINGS shall remove all vehicles, equipment and materials from the license area and restore the property to its original condition.

2. Use of GCC Lot: Subject to the terms set forth below, NEW BEGINNINGS may use up to 11 (eleven) parking spaces designated by CITY and described in Attachment A hereto (“Designated Spaces”) for 3 (three) oversized, self-contained vehicles no more than 25 feet in length and up to eight standard vehicles at the GCC between the hours of 7:00 a.m. and 7:00 p.m. seven days per week for daytime parking for up to 11 (eleven) designees of NEW BEGINNINGS. NEW BEGINNINGS is responsible for all management and administration of the use of the GCC Lot in connection with this Agreement. The New Beginnings permit must be displayed at all times in the windshield for easy access to all parties patrolling the Designated Spaces. CITY shall have sole discretion in the selection of the Designated Spaces and may modify the Designated Spaces, program hours, and length of stay upon notification to NEW BEGINNINGS. NEW BEGINNINGS’ staff and representatives may enter the grounds of the GCC as necessary for administration, management, monitoring and enforcement activities.

3. Written Agreement with Users Required: NEW BEGINNINGS shall only issue permits for use of the Designated Spaces to Users with whom NEW BEGINNINGS has a written agreement to use the Designated

30 Agreement No. 2020-032
10 Spaces for daytime parking. The written agreement between NEW BEGINNINGS and Users shall at a minimum contain the following conditions:
a) No drugs or alcohol may be contained in the vehicle or consumed on CITY property. b) No cooking or food preparation may be performed outside of the User’s vehicle. c) All trash, including human waste, must be disposed of properly at another location and not on the property of the CITY. However, CITY may provide a trash and/or recycling receptacle and portable restroom for use by Users.
d) No music may be played that is audible outside the vehicle. e) Parking is limited to the program hours and days as specified above. f) The User must possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked in the Designated Spaces. NEW BEGINNINGS shall keep a copy of all three documents in its records and provide a copy of these records upon 24 hours request from the City. g) Vehicle may only be occupied by designated Users and approved registered household members.

Guests of Users are not allowed.
h) Users shall comply with all applicable local, state and federal laws rules and regulations. i) Failure to follow all rules will result in termination from the program and expulsion from CITY property at any time.
j) Nothing in the agreement shall give any Users and household members any interest in property, a continuing right to use the Designated Spaces space, or entitlement to relocation benefits if the use of the Designated Spaces is terminated.

4. Authorized Vehicles Only: NEW BEGINNINGS shall ensure that only one vehicle owned by the User is parked in the Designated Spaces during program hours. NEW BEGINNINGS shall supply the User, who is authorized to use the Designated Space, a “permit” to be displayed in the User’s vehicle window. The New Beginnings permit must be displayed at all times in the windshield so that it is visible to CITY enforcement agencies and NEW BEGINNINGS staff.

5. Removal of Vehicles: Subject to the California Vehicle code, upon notification by CITY, NEW BEGINNINGS shall remove any vehicle parked on the property after 7:00 p.m., including but not limited to an abandoned and inoperable vehicle. Upon notification by CITY, NEW BEGINNINGS shall also remove any vehicle that is owned by a User that is parked anywhere on the GCC Lot other than in a Designated Space and any unauthorized vehicle parked on the property in a Designated Space.

6. Indemnification and Insurance: NEW BEGINNINGS shall defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all claims, demands, damages, costs, expenses (including reasonable attorney’s fees), judgments or liabilities arising out of damage or injury caused by a User on or adjacent to CITY property, including but not limited to claims brought against the City relating to evictions, fair housing, employee safety, and due process for Users and household members who are terminated under any written agreement with NEW BEGINNINGS; except those claims, demands, damages, costs, expenses, judgments or liabilities resulting from the negligence or willful misconduct of CITY, it s employee, agents, or representatives. NEW BEGINNINGS shall provide a “Certificate of Liability Insurance” naming the City of Goleta as an additional insured to CITY. NEW BEGINNINGS shall notify CITY immediately in the event of any accident, damage or injury arising out of or in connection with this Agreement.

7. Compliance with Laws: NEW BEGINNINGS shall comply with all applicable laws, statutes, ordinances, rules and regulations relating to the User’s use of the Designated Space.

8. Condition of Property and Improvements: CITY makes no representations or warranties regarding the suitability or condition of the GCC Lot, including all Designated Spaces for parking. Licensee assumes

11 responsibility for all damage to CITY's property caused by its use of the Designated Spaces and shall reimburse City for correction of any such damage.

9. Alterations: NEW BEGINNINGS shall not alter or make improvements to the Designated Space or the GCC Lot without the express written approval of CITY.

10. Governing Law: This Agreement is governed by the laws of the State of California.

11. Whole Agreement: This Agreement constitutes the entire agreement between the parties related to the use of the GCC Lot and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties related thereto.

12. Amendments: Any amendments to this Agreement must be in writing and executed by both parties.

13. Severability: If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

14. No Waiver: The waiver by either party of any term, covenant, agreement or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition contained in this Agreement.

15. License Fee. The license fee for the use of the Designated Spaces is hereby waived.

16. Assignment. This Agreement shall not be assigned or transferred without the written consent of CITY.

Any such purported assignment or transfer shall be void and of no effect.

17. City's right of entry. NEW BEGINNINGS acknowledges CITY’S absolute right to enter upon, use, maintain, and alter the City property for any and all lawful public purposes.

IN WITNESS WHEREOF, CITY and NEW BEGINNINGS have executed this Agreement as of the last date set forth below.

City of Goleta

Date: __________________ By: __________________________________ Michelle Greene, City Manager

New Beginnings Counseling Center,
A Nonprofit Public Benefit Corporation

Date: _______________________ By: _________________________________ Kristine J. Schwarz, MA, MFT, LPCC
Executive Director
New Beginnings Counseling Center

12 ATTACHMENT A:

Goleta Community Center Designated Spaces

13 3ULPDU\Safe Parking
Program Parking Area

HOLLISTER AVENUE
Safe Parking Program Areas includes:

Parking for 8 cars with adequate spacing
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;
Parallel parking along east side to accommodate 3 Recreational Vehicles (RVs); and Area for portable restroom(s) and hand washing station(s) *ROHWD9DOOH\
&RPPXQLW\&HQWHU6LWH
Safe Parking
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14 REVOCABLE LICENSE AGREEMENT

This Revocable License Agreement (“Agreement”) is made as of April __, 2020 (“Effective Date”) by and between the City of Goleta (“CITY”) and New Beginnings Counseling Center, a non-profit public benefit corporation (“NEW BEGINNINGS”).

R E C I T A L S

A. International, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes which has been named “coronavirus disease 2019,” abbreviated COVID-19 (“COVID-19”).

D. NEW BEGINNINGS wishes to support and manage the daytime parking spaces at GCC and is willing to commit staff to supervise this project.

NOW, THEREFORE , in consideration of the covenants and conditions contained herein, CITY and NEW BEGINNINGS agree as follows:

Upon expiration of termination of this Agreement, NEW BEGINNINGS shall remove all vehicles, equipment and materials from the license area and restore the property to its original condition.

2. Use of GCC Lot: Subject to the terms set forth below, NEW BEGINNINGS may use up to 11 (eleven) parking spaces designated by CITY and described in Attachment A hereto (“Designated Spaces”) for 3 (three) oversized, self-contained vehicles no more than 25 feet in length and up to eight standard vehicles at the GCC between the hours of 7:00 a.m. and 7:00 p.m. seven days per week for daytime parking for up to 11 (eleven) designees of NEW BEGINNINGS who have been screened through the Live Scan system and Megan’s Law website and have been determined to not be offenders. NEW BEGINNINGS is responsible for all management and administration of the use of the GCC Lot in connection with this Agreement. The New Beginnings permit must be displayed at all times in the windshield for easy access to all parties patrolling the Designated Spaces.

CITY shall have sole discretion in the selection of the Designated Spaces and may modify the Designated Spaces, program hours, and length of stay upon notification to NEW BEGINNINGS. NEW BEGINNINGS’ staff and representatives may enter the grounds of the GCC as necessary for administration, management, monitoring and enforcement activities.

15 3. Written Agreement with Users Required: NEW BEGINNINGS shall only issue permits for use of the Designated Spaces to Users with whom NEW BEGINNINGS has a written agreement to use the Designated Spaces for daytime parking. The written agreement between NEW BEGINNINGS and Users shall at a minimum contain the following conditions:
a) No drugs or alcohol may be contained in the vehicle or consumed on CITY property. b) No cooking or food preparation may be performed outside of the User’s vehicle. c) All trash, including human waste, must be disposed of properly at another location and not on the property of the CITY. However, CITY may provide a trash and/or recycling receptacle and portable restroom for use by Users.
d) No music may be played that is audible outside the vehicle. e) Parking is limited to the program hours and days as specified above. f) The User must possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked in the Designated Spaces. NEW BEGINNINGS shall keep a copy of all three documents in its records and provide a copy of these records upon 24 hours request from the City. g) Vehicle may only be occupied by designated Users and approved registered household members.

7. Compliance with Laws: NEW BEGINNINGS shall comply with all applicable laws, statutes, ordinances, rules and regulations relating to the User’s use of the Designated Space.

16 8. Condition of Property and Improvements: CITY makes no representations or warranties regarding the suitability or condition of the GCC Lot, including all Designated Spaces for parking. Licensee assumes responsibility for all damage to CITY's property caused by its use of the Designated Spaces and shall reimburse City for correction of any such damage.