CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
2/28/2022
1 SUBJECT:
Adoption of a Resolution approving the Temporary Safe Parking Program, Operations Agreement with the Pacifica Resource Center, and Funding for the Program; and Introduce 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:
1) Move to adopt the Resolution approving the Temporary Safe Parking Program, the Operations Agreement with the Pacifica Resource Center, and Funding for the Program; and finding Approval of the Program Exempt under the California Environmental Quality Act.
2) Move to Introduce by Title Only and Waive further reading of “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 finding 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:
The Lawsuit and Settlement Agreement
On March 15, 2021, the ACLU, the Legal Aid Society of San Mateo County and Disability Rights Advocates filed a class action lawsuit against the City of Pacifica on behalf of the Plaintiffs1 challenging the City’s Oversized Vehicle (OSV) Ordinance and its Vehicular Habitation Ordinance2. The lawsuit alleges that the OSV Ordinance (Pacifica Municipal Code Sections 4-
7.1204 and 4-7.1205) and the Vehicular Habitation Ordinance (Pacifica Municipal Code 4-
7.1114) are unconstitutional. It further alleges that the OSV Ordinance violates the Americans with Disabilities Act, the California Disabled Persons Act, the Rehabilitation Act of 1973 and California Government Code §11135. On November 8, 2021, the City Council adopted Resolution No. 72-2021 approving execution of a settlement agreement (“Settlement Agreement”) for the lawsuit and approving a memorandum of understanding with Pacifica Resource Center (“PRC”) for development and implementation of a temporary safe parking program (“Program”) and identifying the 13 designated parking spots that would be used for the Program.
1 Named Plaintiffs identified in the Complaint are as follows: Sean Geary, Linda Miles, Jared Carr, Harry Bode, and Stephen Sanders
2 Geary, et al. v. City of Pacifica, Case No. 3:21-cv-01780 Pacifica City Council 2
February 28, 2022
As part of the Settlement Agreement, the City agreed to develop and adopt an on-street Program, to be jointly administered with PRC. If adopted, the attached Resolution would both approve the Program and the Operations Agreement with PRC which sets forth the obligations of the City and PRC which are discussed in more detail below.
Temporary Safe Parking Program
City staff worked with PRC to develop a three-year Program in the City of Pacifica which will provide participants living in an operational recreational vehicle, trailer or motorhome with operating restroom facilities a temporary parking space for a limited period of time as participants in the Program try to find permanent housing solutions. The Program would allow parking of oversized vehicles in 13 designated parking spaces for up to 29 days at a time. PRC would implement the Program, with assistance from the City, in accordance with the Operations Agreement between PRC and the City and other supporting documents developed by PRC to be used between PRC and the participants in the Program, such as a Participant Bill of Rights and Onsite Code of Conduct, as well as a Release of Liability.
The thirteen locations, which were approved by the Council on November 8, 2021, are as follows:
(1) 4 spaces on the west side of Oceana Boulevard, west of the City of Pacifica Public Works Department Building at 151 Milagra Avenue. (2) 3 spaces on Lundy Way. To accommodate these spaces, the City will widen Lundy Way sufficient to make OSV parking safe.
(3) 1 space on Milagra Drive, across the road from City of Pacifica Public Works Department Building at 151 Milagra Avenue.
(4) 1 space on the west side of Francisco Boulevard near the North Coast County Water District facility at 2400 Francisco Boulevard.
(6) 2 spaces on the west side of Bradford Way near the Sharp Park Golf Course. (7) 2 spaces on San Pedro in the dirt ROW in front of ACE Hardware.
Individuals who desire issuance of a parking permit associated with the Program will apply to PRC, which will screen the applicants. PRC’s screening process at a minimum, will consist of an application form and application review process. The purpose of PRC’s assessment is to ensure that applicants can meet the Program criteria. Among some of the requirements that participants in program must abide by are adherence to codes of conduct while they are seeking PRC services towards housing and will be required to sign a Release of Liability.
PRC will be responsible for issuing Permits to those individuals who meet the criteria for the Program (“Permit Holders”) either in the form of a “Regular Permit”, “Provisional Permit” or “Short-Term Permit.” Applicants to the Program who meet all of the criteria for the Program may be issued a “Regular Permit” upon admittance to the Program for a single term of 29 days, with the potential for renewal for additional 29-day terms at a different parking space. Renewal of the Regular Permit may be granted by PRC, in PRC’s sole discretion. Applicants who do not meet all of the criteria for the Program at the time the application is filed with the PRC and who may need additional time to comply with the Program may be issued a “Provisional Permit” upon admittance to the Program for one single term of 29 days with no renewal period. PRC may issue Provisional Permits, to Applicants who meet at least two of the Program criteria identified above, so long as the total number of Provisional Permits issued at any point does not exceed the maximum total of six Provisional Permits. Further, PRC, at its discretion, may issue Short-Term Permits, for oversized vehicle parking for not more than 72 hours at Parking Sites that are not assigned to Regular or Provisional Permit Holders. Permits may be terminated when Permit Holders no longer meet the criteria for the Program or are otherwise disqualified to participate in the Program.
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February 28, 2022
PRC, at its discretion, will collect a fee for the Program at the time the Regular Permit or Provisional Permit is issued and upon reissuance of the Regular Permit every 29 days. There is no fee for Short-Term Permits. The fee shall be set on a sliding scale and will be paid to PRC.
The fee schedule is as follows:
• $29 for families with income at 30% or below median income; • $290 for families with income between 30% and 50% of median income; and • $725 for families with income between 50% and 80% of median income.
Of the 13 spaces in the Program, 5 are located in the Coastal Zone:
• 1 space on the west side of Francisco Boulevard near the North Coast County Water District facility at 2400 Francisco Boulevard.
• 2 spaces on the west side of Bradford Way near the Sharp Park Golf Course. • 2 spaces on San Pedro in the dirt ROW in front of ACE Hardware.
The designation of these five spaces assigned for oversized vehicle parking may be considered “development” as it is broadly defined in the Coastal Act and the City’s Local Coastal Plan and would require a Coastal Development Permit (“CDP”). Staff will thus be proceeding with an application for a CDP if the Program is approved.
Operations Agreement with PRC
The Resolution, if adopted, will also approve an Operations Agreement (“OA”) between the Pacifica Resource Center which specifies the obligations of PRC and the City and provide details regarding the framework for the Program. Some of PRC’s obligations under the OA include: screening of applicants, issuance of Regular, Provisional and Short Term permits (as discussed above), assignment of parking spaces, requiring adherence to codes of conduct, written documentation provided to Permit Holders, assist in maintenance of parking spaces, cohosting of a mobile dumping station, and periodic reporting to City on status of Program.
The City’s funding obligations are set forth in the OA and include: striping of the 13 parking spaces as described in the OA, regular police patrol of the parking spaces, co-hosting of a mobile dumping station at a cost of up to $30,000 per year and payments to PRC in installments of $120,000 by June 30, 2022; $120,000 by June 30, 2023; and $120,000 by June 30, 2024, as well as the provision of dumpsters or drop off service for garbage disposal.
The OA also provides that the Code of Conduct for Regular and Provisional Permit Holders require at a minimum that all Permit Holders do the following: (i) properly dispose of gray and black water; (ii) properly dispose of trash and recyclables; (iii) keep all personal property within the Designated Vehicle and do not place any personal property or items around the exterior of the Designated Vehicle, including but not limited to chairs, tables, tarps, BBQs; (iv) do not cook outside the Designated Vehicle or light any fires; (v) do not store hazardous materials in or around the Designated Vehicle; (vi) do not participate in illegal drug use or sales, illegal activities or violence; (vii) properly control pets; (viii) do not block any access to the sidewalk; (ix) be considerate of neighbors and not loiter, trespass, publicly use drugs or alcohol, light fires, or use open flames or other burners in the Parking Site or surrounding area; and (x) comply with all laws during participation in the Program. The Code of Conduct for Short-Term Permit Holders shall require at a minimum that all Short-Term Permit Holders do the following: (i) properly dispose of gray and black water; (ii) properly dispose of trash and recyclables; (iii) keep all personal property within the Designated Vehicle and do not place any personal property or items around the exterior of the Designated Vehicle including but not limited to chairs, tables, tarps, BBQs; (iv) do not cook outside the Designated Vehicle or light any fires; (v) do not store hazardous materials in or around the Designated Vehicle; (vi) do not participate in illegal drug Pacifica City Council 4
February 28, 2022
use or sales, illegal activities or violence; (vii) properly control pets; (viii) do not block any access to the sidewalk; and (ix) be considerate of neighbors and not loiter, trespass, publicly use drugs or alcohol, light fires, or use open flames or other burners in the Parking Site or surrounding area.
Participants in the Program would also be required to sign a Release of Liability, which would specify that the participants assume all risks of participating in the Program and that PRC and the City of Pacifica shall not be held liable for any injury or damages. The Release also specifies that no tenancy rights are created through participation in the Program.
Temporary Safe Parking Permit Ordinance
In order for participants in the Safe Parking Program to park on the street for more than 72 hours, the City must also amend its parking regulations to establish a parking program to allow for Permit Holders to park legally for the duration of the Permit. The proposed Ordinance, if adopted, would add a new PMC Section 4-7.1207, which specifies various parameters for the use of Regular, Provisional, and Short-Term Permits under the Program. Section 4-7.1207 further provides that no vehicle shall be parked in a Parking Site without displaying a valid Permit issued in accordance with the Program, and that any person violating any provision of section 4-7.1207 is guilty of an infraction, and upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of the Code.
The proposed Ordinance would also amend PMC Section 5-2.03 to create an exemption from the City’s 72-hour parking limitation for vehicles displaying either a valid Regular Permit or Provisional Permit under the Program. No exemption is necessary for the Short-Term Permits since those permits only allow parking in the Safe Parking Sites for 72 hours.
Mobile Dumping Services Program
An important part of this program is the provision of a mobile dumping services program in order for participants to safely dispose of blackwater from their motorhomes, ensuring public health and environmental protection. It is envisioned that this service would be coordinated between the City and PRC, funded by the City, staffed on-site by the PRC, and would be operated by a licensed third-party contractor. City staff have evaluated potential locations on City property for the program to operate one day every two weeks and have determined that the most feasible location is at the 2212 Beach Boulevard location that is currently used as a Public Works storage yard. This site has sufficient ingress and egress capability for motorhomes, is visually protected, and is off-street. After initially conducting the program and gaining experience with the number of motorhomes being served and site logistics, should another location be identified that is more desirable, the program could be moved in the future. Based on quotes received by the PRC, a program servicing an average of 13 motorhomes once every two weeks is estimated to cost $30,000.
ALTERNATIVE ACTION:
Although not recommended, the Council could choose not to approve the Resolution approving the Program and OA, which would cause the Geary litigation to continue.
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 Resolution approving the Program and Operations Agreement and introduction Pacifica City Council 5
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of the Temporary Safe Parking Permit Ordinance are 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 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 the Program and Ordinance are not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and are 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 these actions to approve the Safe Parking Program, the Operations Agreement and introduction of the proposed ordinance 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.
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ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
A. Resolution Approving the Temporary Safe Parking Program, Operations Agreement with the Pacifica Resource Center, and Funding for the Program (DOC) B. Exhibit to Resolution - DRAFT Operations Agreement with Code of Conduct Exhibits (PDF) C. Ordinance Amending Sections of Titles 4 and 5 the Pacifica Municipal Code (DOCX)