CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/14/2022
1 SUBJECT:
Adoption of an Ordinance amending sections of Titles 4 and 5 the Pacifica Municipal Code related to on-street parking regulations in order to allow participants of the Safe Parking Program to park on the street for more than 72 hours.
RECOMMENDED ACTION:
Move to Adopt an Ordinance titled “Ordinance of The City Council of The City of Pacifica To Amend Article 12 of Chapter 7 "Traffic" Within Title 4 of The Pacifica Municipal Code To Add Section Sec. 4-7.1207 and to Amend Section 5-2.03, “Violations: Abatement” Within Chapter 2, "Vehicles Parked For Seventy-Two Hours Or More”, Within Title 5 Of The Pacifica Municipal Code Relating To Temporary Safe Parking Permit; and find the Ordinance exempt under the California Environmental Quality Act.
STAFF CONTACT:
Michelle Marchetta Kenyon, City Attorney
(510) 273-8780
[email protected]
Kevin Woodhouse, City Manager
(650) 738-7408
[email protected]
BACKGROUND/DISCUSSION:
This ordinance (Attachment A) was introduced at the regular meeting of the City Council held on February 28, 2022 and is now in order for adoption. Attached to this report, for reference, is the staff report from February 28, 2022 (Attachment B) which was presented to Council for the introduction of the ordinance.
At the City Council meeting held on February 28, 2022, in addition to introduction of the ordinance as proposed, the Council also adopted Resolution No. 12-2022, “A Resolution of the City Council of the City of Pacifica Approving the Temporary Safe Parking Program, the Operations Agreement with the Pacifica Resource Center and Funding for the Program.” RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“A Healthy and Compassionate Community” includes addressing affordable housing and mental health services, investigating strategies related to homelessness, and supporting youth services.
CEQA:
Adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA).
CEQA Guidelines Section 15301 – Existing Facilities exempts the operation, permitting, leasing, or licensing of existing public facilities involving negligible or no expansion of the use beyond Pacifica City Council 2
March 14, 2022
that existing at the time of determination of exemption. In this case the public facility, parking areas on existing streets, will continue to be used for that purpose. Section CEQA Guidelines 15304(e) – Minor Alterations to Land exempts minor temporary uses having negligible or no permanent effects on the environment. Further, since the parking areas in the ROW are being used for the purpose they are originally intended, it could be argued that adoption of the Ordinance is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that the action to adopt the ordinance introduced on February 28, 2022 amending sections of Titles 4 and 5 the Pacifica Municipal Code related to on-street parking regulations would have a significant effect on the environment.
FISCAL IMPACT:
This program is proposed as a partnership between the City, the County of San Mateo, and the Pacifica Resource Center. In the Adopted Fiscal Year 2021-22 Budget, the City Council allocated $150,000 in American Rescue Plan Act (ARPA) funding for assistance to the vehicularly housed and a mobile dumping station program. A mobile dumping station program, serving an average of 13 vehicles once every two weeks is estimated to cost $30,000 per year.
Therefore, $120,000 in FY2021-22 ARPA funding could be committed to the Safe Permit Parking Program. This amount is recommended for each year of the three-year program.
The County of San Mateo has allocated $400,000 in ARPA funding for this program, in part in response to PRC grant applications and the PRC’s working relationship with the County to fund assistance to the unhoused. And the Pacifica Resource Center additionally has applied for Homeless Outreach Funds, of which approximately $50,000, if received, could be applied to the program. In addition, other grant opportunities in the future may become available that could be applied to this program, and the program will generate a small but unknown amount from participant fees that could be applied to the program.
Year 1
(July 2022-
June, 2023)
Year 2
(July 2023-
June, 2024)
Year 3
(July 2024-
June, 2025)
City (ARPA or other) $120,000 $120,000 $120,000
County (ARPA) $160,000 $193,000 $47,000
PRC (Grants or other) $50,000 $50,000 $50,000
Total Funding Available: $330,000 $363,000 $217,000
Est. Program Expense: $(330,000) $(363,000) $(363,000)
Balance: $0 $0 $(146,000)
ARPA funds are required to be obligated by December 31, 2024 and expended by December 31, 2026. Therefore, the $146,000 shortfall in Year 3 in the above table could be funded through an additional grant or if the program is successful and the Board of Supervisors approves, additional ARPA funding from the County and/or the City.
In the event the Council does not approve the Program, the Geary litigation will continue, and the City would incur significant additional costs in defending the lawsuit which could exceed $500,000. These additional costs would be in addition to the over $300,000 in legal defense costs already expended in this lawsuit. The Geary Plaintiffs will also seek recovery of the additional attorneys’ fees incurred for this further litigation, also estimated to potentially exceed $500,000.
Pacifica City Council 3
March 14, 2022
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Attachment A: Ordinance Amending Sections of Titles 4 and 5 the Pacifica Municipal Code (DOCX)
Attachment B: Staff Report February 28, 2022 (PDF)