August18,2022
Pacifica City Council
540 Crespi Drive
Pacifica, CA 94044
Re: Tolling Agreement
Dear Mayor Bier and Members of the Pacifica City Council:
The North Coast County Water District Board of Directors appreciates the City Council's vote to continue its consideration of the District's appeal of the coastal development permit proposed adjacent to our headquarters on 2400 Francisco Boulevard, and to direct City staff to coordinate with the District to evaluate the feasibility of alternate sites. Our Board feels this is a great step for our agencies to collaborate together to develop a workable solution for everyone involved.
After the August 8 appeal hearing, the District's legal counsel sent a draft tolling agreement to the City Attorney. The tolling agreement preserves the District's rights and maintains the "status quo" during the time that the CDP appeal is continued and we work together on an alternative site. This week, the City Attorney's office informed our legal counsel that the City will not enter into a tolling agreement. From the perspective of our Board members who attended the City Council appeal hearing, the Council's direction to staff, while not included in the formal action, contemplated entering into a tolling agreement to ensure collaboration and as a gesture of good faith that both parties are committed to resolving this dispute informally.
The District's appeal raised issues with the City's adoption and implementation of the Temporary Safe Parking Program, along with the City's issuance of the Francisco Boulevard CDP. The statute of limitations challenging the City's adoption of the TSPP expires at the end of this month, and that is why a tolling agreement is needed.
As the District has repeatedly indicated, we want to cooperate with the City to establish alternative sites that will decrease impacts on the District while improving the TSPP program overall. The District's proposed sites have the added benefit of taking sites out of the Coastal Zone, which would address concerns raised by the Coastal Commission. The District is not willing, however, to waive its CEQA claims regarding the City's implementation of the TSPP.
The District strongly urges the City Council to direct City staff to enter into a tolling agreement with the District. The Board does not want to have to file a writ to preserve its rights, however at the August 17 Board meeting, the Board directed our legal counsel to file a writ challenging the TSPP program if a tolling agreement is not entered into by August 25, shortly before the statute of limitations expires.
18839572.2