The parties to the lawsuit Sean Geary vs. city of Pacifica reached agreement in a stipulation signed by Judge Vince Chhabria this week. It’s the latest salvo by plaintiffs seeking to overturn Pacifica’s restrictive RV overnight parking ordinance.
The stipulation, dated July 14, was prepared by city attorney Michelle Kenyon of Burke, Williams and Sorensen and signed by all the plaintiffs’ attorneys, Legal Aid Society of San Mateo County, Shirley Gibson, Disability Rights Advocates by Thomas Zito and Grayce Zelphin from American Civil Liberties Union Foundation of Northern California.
As a result, the city will include a link to its interactive map showing where in the city RV parking is allowed. It was to make the inclusion within seven days of the court granting the stipulation. The link shall be available as long as there is a city ordinance restricting oversized vehicles parking. The list of available parking shall be in the form similar to that which shows “roads designated no oversize vehicles allowed.”
The city was to make the list in a form that is readable and easily understood and available at both public libraries and City Hall.
The court heard a motion for a preliminary injunction May 27 and the judge conducted a site visit to see where the city maintains RVs may park overnight, the stipulation reads.
The court issued an order for evidentiary hearing June 3, stating Chhabria wanted more information to substantiate plaintiffs’ claims and wanted testimony from Associate Civil Engineer Ryan Marquez and Police Chief Dan Steidle. Plaintiffs requested City Manager Kevin Woodhouse to testify at the hearing and he did so despite city attorney objections.
The city amended the oversized vehicle ordinance on June 28. Plaintiffs took the depositions of Marquez, Steidle and Woodhouse on June 29. The parties continue to meet to explore potential resolution, according to court documents.
The parties agreed to the entry of a preliminary injunction so the evidentiary hearing, set for this week, could be taken off the calendar.
The parties agreed on a 90-day stay on discovery and the city’s motion to dismiss was also taken off calendar. Plaintiff’s motion for a preliminary injunction has been withdrawn. Any disputes between the parties shall be taken up right away by the court, according to the documents.
Grayce Zelphin, attorney with ACLU Northern California, said the parties have made progress in their talks to resolve the case even though it is still active litigation. She was pleased the city will release the information about where RVs can park.
“This is a step in the right direction. It’s progress. It’s very helpful. It needed to happen. It’s encouraging,” she said. “I think we will be able to come to a resolution making sure our population has a place to be in Pacifica.
”We will be working with the city hoping to have a solution,” Zelphin said.
The next step will be for the parties to meet with the judge in October, Zelphin said,