Exhibit 1
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FIRST AMENDMENT TO SAFE PARKING PROGRAM OPERATIONS AGREEMENT This First Amendment (“First Amendment”) is made and entered into effective this 23rd day of June, 2025 (“Effective Date”), by and between the City of Pacifica (“City”), a municipal corporation and Pacifica Resource Center, a 501 (c)(3) organization (“PRC”). City and PRC shall be identified as “City,” “PRC” or individually as “Party” or collectively as “Parties.”
RECITALS
This First Amendment is made in contemplation of the following Recitals:
A. WHEREAS, in 2022 the City created via Resolution No. 12-2022 and Ordinance No. 873-C.S., a three-year Temporary Safe Parking Program (“Program”) in the City of Pacifica which provides participants living in an operational recreational vehicle, trailer or motorhome with an operating toilet (collectively “Designated Vehicle”), a temporary parking space for a limited period of time as participants in the Program try to find permanent housing solutions; and B. WHEREAS, the City required specialized services to assist in the implementation of the Program and entered into an Operations Agreement with PRC on April 22, 2022 (“Operations Agreement”) to provide the services necessary to implement and operate the Program; and
C. WHEREAS, the Agreement Term was from April 22, 2022 to July 21, 2025; and D. WHEREAS, the Program has been successful in moving unhoused community members to permanent housing and has enabled nine participants from six households to return to permanent housing; and
E. WHEREAS, 85% of the participants in the Program have developed plans to return to permanent housing; and
F. WHEREAS, the Program originally included thirteen temporary parking sites but four of the parking spaces (in two locations) in the coastal zone required Coastal Development Permits, which were appealed and the implementation of these spaces was stayed during the pendency of the appeal to the Coastal Commission; and
G. WHEREAS, the City recently identified an opportunity to expand and continue the Program by renting and utilizing additional spaces in the San Francisco RV (SFRV) Resort in Pacifica, which would expand the Program to a total of 15 parking spaces; and H. WHEREAS, the City and PRC now desire to amend the Operations Agreement to reflect the changes to the Program because of the additional spaces in the SFRV and extend the Term of the Agreement an additional year.
AMENDMENT
NOW, THEREFORE, based on and in consideration of the mutual promises and - 2 - OAK #4810-5151-6874 v1
agreements contained herein and the recitals set forth above and incorporated in this First Amendment, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated as terms of this First Amendment.
2. Amendment. The Parties agree that the following sections of the Agreement shall be amended as stated herein.
a. Section 2 (Term) shall be deleted and replaced to state the following:
“2. Unless earlier terminated pursuant to Section 14 below, the term of this Agreement shall commence on the Effective Date and terminate on July 21, 2026 unless otherwise extended by the Parties in writing (“Term”).” b. Section 3 (D)(i) and (ii) (Obligations of PRC) shall be deleted and replaced and a new subsection (iii) shall be added to state the following:
“D. PRC shall issue permits at its discretion under the Program. A Permit cannot be issued or re-issued/renewed for a period beyond termination of the Program. The design, format, layout, and wording of the Permit shall be subject to review and approval by the City. Written documentation and/or agreements provided to Permit Holders that describe the terms of the Program shall also be subject to review and approval by the City. (i) Applicants to the Program who meet all of the qualifications for the Program may be issued a “Regular Permit” upon admittance to the Program for a single term of up to 29 days for an On-Street Parking Site (as defined in Section 4). Issuance of a Regular Permit for On-Street Parking Sites for additional 29 day terms for Regular Permit Holders who continue to meet all of the qualifications for the Program may be granted by PRC, in PRC’s sole discretion, with PRC striving to issue the additional permit for a different Parking Site than the previous Permit. Renewals or multiple issuances of the Permit do not create a tenancy. The Permit Holder must move their vehicle between renewals or reissuances of the Permit.
(ii) Applicants to the Program who do not meet all of the qualifications 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 for an On-Street Parking Site (as defined in Section 4) with no renewal or re-issuance period.
(iii) Regular Permits issued for an SFRV Parking Site (as defined in Section 4) may be issued by PRC for a period of time between four and thirteen weeks. Renewals or multiple issuances of the Permit do not create a tenancy. The Permit Holder must move their vehicle between renewals or reissuances of the Permit.” c. Section 3 (E) (Obligations of PRC) shall be deleted and replaced to state the following:
“E. PRC, in its sole discretion, may assess a Program Fee and collect the Program Fee at the time the Regular Permit or Provisional Permit is issued, as well as upon re- - 3 - OAK #4810-5151-6874 v1
issuance or renewal of the Regular Permit in accordance with Section 3(D)(i-iii). The Program Fee shall be set on a sliding scale and will be paid to PRC pursuant to the following fee schedule:
• $1/day for families with income at 30% or below median income; • $10/day for families with income between 30% and 50% of median income; • $20/day for families with income between 50% and 80% of median income; and
PRC may adjust these fees as necessary, without approval of the City. PRC shall use any fees collected for the Program.
Income determination is based on current income and proof of income may include selfcertification, paycheck stub, or bank statement. PRC shall advise all Permit Holders of the applicable renewal fee.”
c. Section 3(F) shall be replaced in its entirety to state the following:
“F. PRC will, at its discretion, assign Permit Holders a designated parking space selected by PRC from the spaces identified by the City in Section 4 (“Parking Sites”), and shall help ensure that Permit Holders display their Permits and that Regular Permit Holders and Provisional Permit Holders move their Designated Vehicles to a new On-Street or SFRV Parking Site as specified in Section 3 (D)(i-iii), while they are participating in the Program.” d. Section 3(H) shall be replaced in its entirety to state the following:
“H. PRC will provide Permit Holders with written documentation that describes the terms of the Program. For Regular Permit Holders, this information at a minimum will explain that they must park the Designated Vehicle in the appropriate On-Street or SFRV Parking Site; display the Permit on the dashboard; they must move their Designated Vehicle from the designated Parking Site as specified in Section 3(D)(i-iii); no tenancy rights are created; and the Permit is non-transferable. For Provisional Permit Holders, this information at a minimum will explain that they must (i) park the Designated Vehicle in the appropriate On-Street or SFRV Parking Site; display the Permit on the dashboard; the Permit shall be valid for the period specified by PRC in accordance with Section 3(D)(i and iii); no tenancy rights are created; and the Permit is non-transferable. For Short-Term Permit Holders, this information at a minimum will explain that they must (i) park the Designated Vehicle in the appropriate On-Street or SFRV Parking Site; display the Permit on the dashboard; the Permit is subject to the 72 hour parking limitations set forth in Pacifica Municipal Code section 5-2.01 et seq.; they must move their vehicle from the Parking Site between renewals or re-issuances of the Permit in accordance with Section 3(D)(ii); no tenancy rights are created; and the Permit is non-transferable. ” e. Section 4(A) (Obligations of City) shall be deleted and replaced to state the following:
“The Parking Sites shall be comprised of five on-street parking spaces (“OnStreet Parking Sites”) in the locations identified below and ten parking spaces at the San Francisco RV Resort (“SFRV Parking Sites”) located at 700 Palmetto Ave, Pacifica, California 94044, which shall be paid for by the City.
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A. The City shall be responsible for striping the On-street Parking Sites with an average length of thirty (30) feet which will be made available as an On-Street Parking Site to Permit Holders for the period of time specified in Section 3(D), in the following locations determined by the City:
(i) 4 spaces on the west side of Oceana Boulevard, west of the City of Pacifica Public Works Department Building at 151 Milagra Avenue; (ii) 1 space on Milagra Drive, across the road from the City of Pacifica Public Works Department Building at 151 Milagra Avenue.
B. The locations listed above may be subject to change by the City. The City will provide adequate notice to PRC of any changes to the On-Street or SFRV Parking Sites that are part of the Program.
C. When not reserved by a Permit Holder, PRC can in its discretion make the On-Street or SFRV Parking Sites available for Designated Vehicles for those who sign and abide by the Code of Conduct for Short-Term Permit Holders and display the shortterm parking permit granted by PRC, subject to the City’s preexisting parking regulations (e.g. 72 hour parking limitations).”
f. Section 5 (City Funding) shall be deleted and replaced to state the following:
“The City’s funding obligation for the Program will total $412,000 (“Funding Obligation”). $204,000 of this will be for rental of ten parking spaces in SFRV, to be paid directly from the City to SFRV. $208,000 of this Funding Obligation will be for PRC’s continuing operations and case management services, to be paid from the City to PRC. If the Program requires additional funding, the City Council may approve additional City funding.
PRC must maintain adequate records to evidence the costs and expenses associated with the Services and shall provide those records to the City, upon request of at least 10 business days. In accordance with California Government Code § 8546.7, this Agreement shall be subject to the examination and audit of the California State Auditor, at the request of the City or as part of any audit of the City, for a period of three years after final payment.”
3. All other terms and conditions of the Agreement not specifically amended herein shall remain in full force and affect.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the Parties have executed this First Amendment effective as of the date first written above.
By: Kevin Woodhouse, Pacifica City Manager
PRC:
By: Anita M. Rees, Executive Director
ATTEST:
By:
Sarah Coffey, Pacifica City Clerk
APPROVED AS TO FORM:
By:
Michelle Marchetta Kenyon, City Attorney
City Attorney, City of Pacifica