HomeMy WebLinkAboutCC Resolution 15194 (Camping at Albert Park)RESOLUTION NO. 15194
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
PROHIBITING CAMPING ON CERTAIN PUBLIC PROPERTY: ALBERT PARK
WHEREAS, the City of San Rafael’s camping ordinance, at Section 19.20.080(C)
of the San Rafael Municipal Code (“SRMC”), prohibits camping, or using or storing camp
facilities or camp paraphernalia, in any park in the City; and
WHEREAS, the Ordinance further provides that “[n]othing in this section shall be
deemed to prohibit camping on all public property, including parks, when there is no
alternative shelter available to the person camping; provided that the city manager may
nevertheless absolutely prohibit camping at any time in one (1) or more specific parks
where such prohibition is determined to be a threat to the public, health, safety, or
welfare”; and
WHEREAS, Albert Park is one of three community parks in San Rafael, and the
only one located within close proximity to the downtown corridor, and is home to a number
of different recreation facilities, community amenities, and programmatic event spaces,
including the San Rafael Community Center, Parkside Preschool and Children’s Center,
Albert Park Baseball and Softball Stadium, Marin Bocce, Albert Park Tennis Courts, and
Albert Park Playground; and
WHEREAS, seasonal openings of Albert Park’s ballfields, tennis courts,
playground, and bocce ball court for community, school, Little League, Pacifics Baseball
Club, and other recreational uses draw thousands of visitors to the park throughout the
season; and
WHEREAS, termination of the federal, state and local COVID-19 state of
emergency orders is expected to draw more visitors to the park and its event spaces in
2023 than the previous 3 seasons; and
WHEREAS, there are presently more than 20 campsites at Albert Park inhabited
by people experiencing homelessness; and
WHEREAS, the campsites at Albert Park are causing adverse health and safety,
and nuisance conditions in the park; are exacerbating conflicts with park users; and are
obstructing public use of the property for its intended purpose as a community park and
recreational facility; and
WHEREAS, the San Rafael Police Department has responded to an increase in
volume of calls for service related to the existing campsites, including sanitation, human
waste, biohazards, and litter and refuse; abandonment of personal property; vandalism;
theft from vehicles; physical fights amongst the campers; public alcohol consumption and
intoxication; drug possession and use, including several reports of drug overdose,
requiring medical transport to the hospital; obstruction of access points, including
encampments located in the Recreation Center doorways, sidewalks, and pathways;
smoking in areas affecting patrons of the center; campfires located next to the center;
and disruptive behavior of encampment occupants, which have impacted meetings held
at the community center by community groups; and
WHEREAS, the City’s Recreation and Childcare staff at the San Rafael
Community Center and Parkside Preschool and Children’s Center, receive frequent
inquiries from community members and program participants expressing concern about
the impact of the campsites and the safety of those trying to use the park site for
recreational purposes. When accepting facility use requests for the Spring opening of the
ballfields and other outdoor spaces, staff have received reports from user groups that
they would not be willing or were concerned about booking the fields because they fear
for the safety of their players and event attendees as a result of the campers in the park;
and
WHEREAS, prohibiting camping at Albert Park is necessary to eliminate or
mitigate a substantial risk or risks to the public health, safety and welfare of the City’s
residents, businesses, visitors and/or property, and such prohibition is permissible under
applicable law, including SRMC section 19.20.080(C).
NOW, THEREFORE, the City Council of the City of San Rafael hereby resolves
as follows:
1. No person shall camp or lodge at any time in any fashion, including
in a tent, on the ground, in a motor home or in another vehicle, or use or store
camp facilities or camp paraphernalia, as defined in the San Rafael Municipal
Code, in Albert Park or in any portion thereof.
2. City staff, including the San Rafael Police Department and
Department of Public Works, shall have the authority to take all actions deemed
appropriate to implement the prohibition established by this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was regularly introduced and adopted at a regular meeting of the City Council
held on Monday, the 6th day of March 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk