Agenda packet, special meeting — San Mateo City Council, June 16, 2025

CITY OF SAN MATEO
City Council Special Meeting

June 16, 2025
5:30 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Robert Newsom Jr.

Adam Loraine
Nicole Fernandez
Danielle Cwirko-Godycki
Lisa Diaz Nash
AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY .

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom –

click here:

June 16, 2025
To join via telephone:

(408) 638-0968

Webinar ID: 890 0740 0647

Passcode: 511123

CALL TO ORDER
Roll Call
AB 2449 Requests and Consideration for Meeting Participation by Teleconference due to Just Cause or Emergency Circumstances

CLOSED SESSION
The public will have an opportunity to comment before the consideration of this item. Following the meeting a report of action from Closed Session will be provided if required.

1. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Housing Action Coalition v. City of San Mateo (San Mateo Superior Court Case No.: 24-CIV-03126)

STUDY SESSION
The public will have an opportunity to comment during the consideration of this item.

2. Prohibiting Lodging in Vehicles — Ordinance Enforcement Provide direction on enforcement of Section 10.04.140 of the Municipal Code, entitled “Prohibiting Vehicle Use for Habitation and Sleep”.

CEQA: This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) Alternatively, it can be seen with certainty that there is no possibility that the resumption of enforcement activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

ADJOURNMENT
-----------------------------------------------------------------------------------------------------------------------------

1 of 21

AGENDAS: Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at

www.cityofsanmateo.org

Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

WATCHING A MEETING ON TV: City Council meetings are broadcast live on

Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

WATCHING

A MEETING ON A COMPUTER: There are three ways to stream. 1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2)

City

YouTube channel and stream it on YouTube:

http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting

Send comments to: [email protected] until 4 p.m. the day of the meeting.

During the meeting
By Zoom: Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person: At the meeting complete a “Request to Speak” form.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]

. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

2 of 21

CITY OF SAN MATEO
5 8
5 5

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 2 Section Name: STUDY SESSION Account Number: 10-1311 File ID: 25-10062 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: June 16, 2025
SUBJECT:

Prohibiting Lodging in Vehicles – Ordinance Enforcement RECOMMENDATION:

Provide direction on enforcement of Section 10.04.140 of the Municipal Code, entitled “Prohibiting Vehicle Use for Habitation and Sleep”.

BACKGROUND:

Section 10.04.140 of the Municipal Code, entitled “Prohibiting Vehicle Use for Habitation and Sleep” was adopted in 1995, and updated in 2016 to provide additional clarity to avoid potential legal challenges. As written, Section 10.04.140 states:

It is unlawful:
(a) For any person to use a vehicle as defined in the California Vehicle Code, for lodging in the City of San Mateo.

For the purpose of this section, "lodging" means the combination of one or more activities in subdivision (1) with one or more activities in subdivision (2) where it reasonably appears, in light of all the circumstances, that a person is using a vehicle for habitation.
(1) Storing of contents inside a vehicle that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, bodily fluids, or the storing of personal possessions or belongings that obscure some or all of the vehicle's windows; and (2) Engaging or engaged in one or more of the following inside a vehicle: preparing or cooking meals or sleeping.
(b) For any person to connect any camp car, motor home, travel trailer or any other vehicle which is equipped for sleeping or cooking or both, to any public utility, such as water, electricity, gas or sewer services, except as may be necessary for the maintenance and preparation of the vehicle. The duration of any such maintenance or preparation connection shall not exceed eight hours in any seven consecutive days.

Over the years City Council direction about how diligently to enforce section 10.04.140 of the Municipal Code Citywide has varied. Currently, the Police Department enforces 10.04.140 by providing resource options to those that use their vehicle for habitation and providing information to facilitate compliance with the Code. This approach sometimes results in unhoused individuals taking advantage of available resources and support systems, and other times results in those residing in their vehicles moving from place to place in avoidance of enforcement and/or limiting the items within their vehicles to the bare minimum needed for habitation.

3 of 21

CITY OF SAN MATEO
5 8
5 5
Also, in 2024 the U.S. Supreme Court ruled in City of Grants Pass v. Johnson that the enforcement of generally applicable laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the Eighth Amendment to the U.S. Constitution. This ruling effectively overturned the 2018 decision in Martin v. City of Boise issued by the U.S. Court of Appeals for the Ninth Circuit, which had held that the Eighth Amendment barred the enforcement of public camping Ordinances against unhoused individuals where the number of such persons exceeded the number of practically available shelter beds. With the Grants Pass decision, cities have had more flexibility to enforce local restrictions on public camping.

Additionally, on July 25, 2024, the State of California’s Governor issued an executive order to State agencies regarding encampment removal that, while not directive or binding to local agencies, provides further guidance and models for assessing where and when encampment intervention should be prioritized and implemented. The executive order’s guidance is extremely high level but generally encourages a high level of intervention across the State of California in high priority areas.

As large cities such as San Francisco and San Jose begin stronger enforcement of their prohibition of vehicles used for habitation, and oversized vehicle policies, it is expected that vehicles from cities that stringently enforce vehicles used for habitation and oversized vehicles may come to San Mateo.

Over the past several months the City has received many reports about people sleeping in vehicles in residential neighborhoods. This situation creates potential public health, safety, and convenience considerations, including obstructing access to the right of way, reducing visibility while driving, illegal dumping, causing wear on roadways, tapping into electricity that is not theirs, creating environmental hazards by discharging waste when parked for extended periods, and creating nighttime sound in violation of the City’s noise Ordinance. During the week of May 12, forty-seven different vehicles were reported/identified parking on City streets and potentially in use for human habitation.

One of the City Council’s Fiscal Year 2025/26 Blue Sky priorities is to explore limiting overnight recreation vehicle (RV) parking in commercial corridors, and during the May 5, 2025, City Council meeting, members of the San Mateo City Council generally expressed a desire to explore increased enforcement and regulation of this condition and to prioritize having a study session on this topic.

Outreach
The Police Department has established a Homeless Outreach Team (HOT) - a multi-jurisdictional team comprised of law enforcement, mental health experts, housing facilitators, and substance abuse counselors, whose primary focus is to intervene and either prevent at risk situations or improve the circumstances of people who find themselves homeless in our City.

In July and August of 2024, PD’s HOT hosted a well-attended outreach meeting with the Recreation Vehicle (RV) community, which tends to be the primary focus of reports received by the City. Since then, PD has not experienced as many problems. There are still RVs that regularly park on Garvey Way and are occupied, but the residents appear to be complying with all legal requirements apart from section 10.04.140, where they move for street sweeping, and have not tapped into the street poles for illegal electricity. We have also not received any recent reports about wastewater dumping.

HOT continues to conduct outreach and provide support to the RV community located on Garvey Way and Delaware Street. The individuals residing in this area generally comply with Police Department and Public Works requests, particularly when maintenance is scheduled. In addition to the outreach meeting, flyers were distributed recently to inform the RV residents of the upcoming maintenance work, and there have been no reported issues. HOT maintains regular contact with the RV community, offering supportive services, shelter options, and housing resources. The most recent count during the week of May 26 identified 14 RVs in the Garvey area, with the majority of them having been stationed there for an extended period.

Earlier this month (June 2025), the HOT passed out flyers in English and Spanish to the RV community, notifying them of

4 of 21

CITY OF SAN MATEO
5 8
5 5
this meeting and how to get involved. Garvey Way continues to be one of the two areas where residents submit reports to the City about vehicle habitation. The other is on Amphlett but is not as extensive.

Potential Enforcement Approaches
If the Council wishes to resume enforcement of section 10.04.140 while maintaining a compassionate approach, one option would be to direct the Police Department to attempt contact twice prior to the issuance of a 24-hour warning, after which enforcement in the form of a citation or removal of the vehicle (or other appropriate enforcement action) could occur. Ideally, removal of a vehicle would not be necessary, and would be implemented only as a last resort, since their removal could leave individuals, and possibly families, unhoused. In this scenario, the City’s priority would be to provide a compassionate, service-oriented approach that emphasizes helping individuals receive services with a goal of permanent housing. In this implementation approach, a vehicle owner would be notified of needing to have their vehicle moved at three separate touch points (2 contact attempts, followed by a 24-hour removal warning) over a span of approximately seven days to move their vehicle before enforcement action is taken. First and foremost, the Police Department would ensure that officers are effective and compassionate, with the goal of directing individuals to needed housing and social service resources.

The City Attorney’s Office could also prosecute violations as either an infraction or misdemeanor, each of which includes a corresponding fine. For infractions, fines would not exceed $100 for a first conviction, $200 for a second conviction, and $500 for subsequent convictions. Penalties for misdemeanors include a fine that cannot exceed $1,000. Again however, the intent is to take a compassionate approach and direct individuals to appropriate resources. If the Council chooses to take this approach, the HOT will serve as a critical implementation group.

A second option would be to strictly enforce section 10.04.140 without outreach or engagement, which could simply result in more unhoused individuals and families in need of resources/support throughout the City. This sort of condition is known to make it more difficult for such individuals/families obtain services, permanent housing, and transition into a more stable living situation.

The third option would be to maintain status quo, by providing resource options to those that use their vehicle for habitation and providing information to facilitate compliance with the Code.

Staff recommends focusing on enforcement of Municipal Code section 10.04.140 because it allows the Police Department to prohibit vehicle use for habitation or sleep Citywide. Staff does not recommend updating the oversized vehicle section of the Municipal Code (11.32.105) at this time because it only applies to residential zones.

Options for City Council:

1. Resume enforcement of Municipal Code Section 10.04.140 but direct the Police Department to conduct outreach at least twice prior to the issuance of a 24-hour warning, after which issuing citations, removal of vehicles, or other appropriate enforcement action could occur.

2. Resume enforcement of Municipal Code section 10.04.140 without directing the Police Department to conduct outreach as described in Option 1.

3. Maintain the status quo regarding enforcement of Municipal Code Section 10.04.140.

Next Steps:

Should Council wish to direct staff to move forward with implementation of either Options 1 or 2, the Police Department would implement a two-week grace period prior to implementing enforcement to allow for public notification and information of the City’s planned enforcement approach. This would include canvassing the city and providing informational flyers to people who are currently dwelling in their vehicles. Informational materials will be provided in multiple languages.

BUDGET IMPACT:

Enforcement of this section of the Municipal Code is anticipated to be absorbed within existing resources.

5 of 21

CITY OF SAN MATEO
5 8
5 5
ENVIRONMENTAL DETERMINATION:

This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) Alternatively, it can be seen with certainty that there is no possibility that the resumption of enforcement activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Public Comment

STAFF CONTACT
Zachary Reda, Senior Management Analyst
[email protected]
(650) 435-0823

6 of 21

1 Zachary Reda
Subject: RE: RV Living in San Mateo

From: Kathleen Maher
Sent: Saturday, April 19, 2025 11:40 AM
To: City Mgr <[email protected]>
Subject: RV Living in San Mateo

Hello,

For years there has been RV community on Garvey Way behind the post office. They seem to be quite comfortable with their generators and several Bar-B-Qs.

How has this been ignored and left there??? I am disgusted with this city.

Kathleen Maher

7 of 21

8 of 21

City of San Mateo
City Council Meeting

POST PACKET

PUBLIC COMMENT

9 of 21

From:

To: City Council (San Mateo)
Subject: Regarding the notice for the proposed enforcement of Municipal Code Section 10.04.140:

Date: Monday, June 16, 2025 9:30:53 AM
Attachments: IMG 0187.JPEG
Regarding the notice for the proposed enforcement of Municipal Code Section 10.04.140:

There are a variety of necessary reasons for living in a vehicle. From the perspective of those who are using their vehicles for overnight use:

They are not doing this as their preference or as their first choice.

Due to financial or other reasons, they may not have any other choice.

If you look in a car window and see someone in their car, how is this different than walking by a house and seeing someone through their house window? Some potential situations for overnight and other uses:

Someone may have been traveling and need a rest from the road.

Someone may be working in their car in between appointments (or taking a nap).

Someone may be in their car checking their email before going into their home due to the attention demands of their family, once they cross the threshold.

Someone may not have a job but would like to find work and have no other options.

A retiree with insufficient income to afford apartment rent, is thus living in a van.

Someone may have the funds in which to put towards buying a property but not the income to qualify for a loan, for the balance of the purchase.

Someone may be employed, yet does not make enough for the high rental rates in this area.

Someone may be a young adult who was previously living at home until a parent remarried, and is now “in the way”, with insufficient resources to pay rent and is now on their own.

Someone may be going through a divorce and is dealing with the court's mandate to support their family's expenses, yet without having adequate funds for their own living needs.

Others may be needing to escape from an unsafe home environment and may or may not also have their children living with them in their vehicles.

10 of 21

Many people are one paycheck away from homelessness if they should lose their job.

For those living in a traditional house, they may be more disruptive than those who sleep in their car:

Loud backyard music
Having late night backyard parties or loud card games in their garage The use of their lawnmower too early in the morning
The use of their generator, when it is running loudly, due to PGE having an outage Not everyone who lives/sleeps in their vehicle is dealing drugs, stealing our porch packages, littering, loitering, parking illegally during street sweeping days, having tailgate parties, or providing other disruptions.

The enforcement of other laws and codes is what I believe is, or should be, the spirit of the law regarding the proposed enforcement of this Municipal code.

Specifically, I am referring to laws and ordinances regarding:

Disorderly conduct
Littering
Blocking homeowners' driveways
Parking in a street sweeping zone
Illegal drug participation
Burglary
Assault
Harassment
Overstaying the time limits of the 72-hour parking zone Considering the perception of inhabitability, for having access to plumbing and other utilities- type of resources, these are obstacles that can be experienced by other than vehicular residents:

Homeowners, while their home is under renovation: During construction, there may not be access to a kitchen sink or shower, such as having to wash their dishes in the tub.

The vehicle is a shelter, albeit a dismal option, if this is not by choice.

11 of 21

The vehicle is an improved alternative to sleeping in a tent when camping (which is not a sturdy structure).

The lack of utilities may be compared to living in a dry cabin such as in Alaska (no plumbing, heating or electrical).

The vehicle is safer than a tent and is also out of the elements.

If the purpose of this meeting is only about the prohibition of sleeping in a vehicle, then the City is becoming involved with restrictions regarding a resident's personal situation to govern it, yet not for providing for
an alternative or other aid, as an inclusive community solution.

Questions or other considerations:

Where else may someone live, if this code is enforced? The housing problem has not been adequately addressed in our community. The proverbial “poking someone with a stick, to move them along”, is not a solution.

Can a pay-per-use lot be created as a designated area with a trash service? This could be like an RV park with designated spots. Also, members of this community can provide the labor to manage it as part of their contribution to reside there.

Some cities have provided access to showers in mobile setups for the homeless, which helps with those types of needs, including public bathrooms.

More specifically, how will it be determined if someone is sleeping in a van or RV or if it is vacant as the windows do not allow visual access? How is this enforcement going to eliminate crimes, such as burglary, noise, and littering?
It is the latter that should have the priority of being addressed, not the former.

From the perspective of those in favor of this endorsement, is it meant to remove this blight, which is a reminder that not everyone has the access to the same benefits in our society?
The
enforcement of this Municipal Code is missing the spirit of the purpose of its intended benefit.

12 of 21

13 of 21

From: Francie
To: City Council (San Mateo)
Subject: Prohibiting Vehicle Use for Habitation
Date: Monday, June 16, 2025 1:17:26 PM
Dear Mayor Newsom and Members of the City Council,
This ordinance has been in effect since 1995, and it is time to begin enforcement again to reduce the impacts of health, safety, litter and garbage overflow, loud noise issues, and the illegal parking of these RV’s. Multiple recreational vehicles park illegally on S Amphlett and other San Mateo streets.

I support Option 1 - Resume enforcement of the ordinance with outreach by the Police twice prior to issuance of a 24 hour warning, after which appropriate outreach could occur.

Thank you for your consideration.

Francie Souza
Central Neighborhood resident
Sent from my iPhone

14 of 21

From: Francie
To:

Cc: City Council (San Mateo); Martin McTaggart;
Subject: Re: Item #2 - Prohibiting Vehicle use for Habitation and Sleeping - Ordinance Enforcement Date: Monday, June 16, 2025 1:12:48 PM
I will also write in support of Option 1 - I can’t make the meeting though.

Francie
Sent from my iPhone
> On Jun 16, 2025, at 10:59 AM, l watanuki wrote:
>
> Dear Mayor Newsom and Members of the City Council,
>
> This ordinance has been in effect since 1995, and it is time to begin enforcement again to reduce the impacts of health, safety, litter and garbage overflow, loud noise issues, and the illegal parking of these RV’s. >
> I support Option 1 - Resume enforcement of the ordinance with outreach by the Police twice prior to issuance of a 24 hour warning, after which appropriate outreach could occur.

>
> Thank you for your consideration.
>
> Laurie Watanuki
>
>
>
>
>
>
>
>

15 of 21

From: Italia
To: City Council (San Mateo)
Subject: Regarding the notice for the proposed enforcement of Municipal Code Section 10.04.140:

Date: Monday, June 16, 2025 9:42:02 AM
Attachments: IMG_0187.JPEG
Regarding the notice for the proposed enforcement of Municipal Code Section 10.04.140: