HomeMy WebLinkAboutCM Administrative Order Prohibiting Camping on Certain Public Property (07-27-23 - 09-30-23) revisedCITY OF SAN RAFAEL ADMINISTRATIVE ORDER
ADMINISTRATIVE ORDER OF THE CITY MANAGER
PROHIBITING CAMPING ON CERTAIN PUBLIC PROPERTY:
FALKIRK CULTURAL CENTER AND MENZIES PARKING LOT, NON -OPEN SPACE
(REVISED: EFFECTIVE JULY 27, 2023 THROUGH SEPTEMBER 30. 2023)
On July 27, 2023, the City Manager of the City of San Rafael ("City") issued an
Administrative Order ("Administrative Order") temporarily prohibiting camping in or on
non -Open Space portions of the Falkirk Cultural Center and Menzies Parking Lot, in the
City of San Rafael. A true and correct copy of the Administrative Order is attached hereto
as Exhibit A. The effective date of the Administrative Order was from July 27, 2023
through August 31, 2023, unless otherwise extended.
Pursuant to authority vested in the City Manager under Sections 19.20.070(A),
19.20.080(C), and 19.20.090 of the San Rafael Municipal Code, I hereby continue the
effective date of the Administrative Order through September 30, 2023. Since the
Administrative Order was issued, all but one person camping at the Menzies Parking Lot
have relocated from the area.' The relocation of individuals from the encampment at the
Menzies Parking Lot has significantly reduced public safety risks in the area. Continuing
the Administrative Order is necessary to ensure that this status quo continues, and that
safety risks in the area remain low. The Administrative Order may be further extended by
the City Council by resolution or the City Manager by subsequent administrative order.
IN WITNESS WHEREOF, the City Manager of the City of San Rafael has executed
this Order as of the day, month and year below written.
CITY OF SAN RAFAEL: DATE:
4 Aug 31, 2023
Cristine Alilovich (Aug 31, 2023 11:20 PDT)
CRISTINE ALILOVICH, City Manager
ATTEST:
City Clerk
Ei-vma Nww l' 6 o�)
Brenna Nurmi (for) (Aug 31, 2023 11 30 PDT)
LINDSAY LARA, City Clerk
1 One individual remains at the location pursuant to a Temporary Restraining Order issued in the case of
Mark Rivera v. City of San Rafael, et al., N.D. Cal., Case No. 4:23-cv-03804-YGR.
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CITY OF SAN RAFAEL ADMINISTRATIVE ORDER
ADMINISTRATIVE ORDER OF THE CITY MANAGER
PROHIBITING CAMPING ON CERTAIN PUBLIC PROPERTY:
FALKIRK CULTURAL CENTER AND MENZIES PARKING LOT, NON -OPEN SPACE
(EFFECTIVE JULY 27, 2023 THROUGH AUGUST 31, 2023)
This Administrative Order of the City Manager of the City of San Rafael prohibits
camping in or on non -Open Space portions of the Falkirk Cultural Center and Menzies
Parking Lot, in the City of San Rafael. This Order is effective from the date of this Order
through August 31, 2023, unless otherwise extended. This Order is being issued pursuant
to the authority of the City Manager, under San Rafael Municipal Code section
19.20.080(C), to "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."
L BACKGROUND
The Falkirk Cultural Center, located at 1408 Mission Avenue, San Rafael, is a
recreational and special use park in the City of San Rafael, identified in the Citywide Parks
and Recreation Master Plan. The Falkirk Cultural Center consists of approximately 7.5
acres of Open Space and 3.6 acres of non -Open Space (Special Use Park), and is served
by the 0.77-acre Menzies Parking Lot, located at 1428 Mission Avenue, shown in
Exhibit A, attached hereto and incorporated herein.
Since the Spring of 2023, many individuals have established and occupied new
campsites at the Menzies Parking Lot of the Falkirk Cultural Center. City staff estimate
that there are presently eight (8) individuals camping, including in tent structures and
vehicles. The Menzies Parking Lot is directly adjacent to and abutting single-family,
residential properties on Bryn Mawr Drive.
As the number of campsites have increased and concentrated at the Menzies
Parking Lot, the San Rafael Police Department has responded to an increase in volume
of calls for service related to the campsites, including calls and incidents involving public
alcohol consumption and intoxication; drug possession and use; vandalism; theft from
vehicles; disruptive behavior of the campsite occupants; and sanitation, human waste,
biohazards, and litter and refuse. Since March 27, 2023, the San Rafael Police
Department has responded to 107 incidents, including 74 calls for service, at the Menzies
Parking Lot related to the campsites or camping activities, and made six (6) arrests for
violations of non -camping criminal laws.
The calls for service and criminal activity at the Menzies Parking Lot recently
culminated in a reported shooting with a firearm that occurred during an attempted
burglary of a campsite in the early morning hours of July 22, 2023. Residents in the area
Page 1 of 5
EXHIBIT A
reported the shooting and expressed concern for the safety of themselves, their children,
and their families. This incident is currently under investigation by the San Rafael Police
Department.
This Administrative Order adopts a temporary prohibition on camping in or on the
non -Open Space portions of the Falkirk Cultural Center and Menzies Parking Lot, from
July 27, 2023 through August 31, 2023. This Order is necessary to 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 San Rafael Municipal Code section 19.20.080(C).
Note: On July 17, 2023, the City Council adopted Ordinance No. 2023 to further
regulate camping on public property within the jurisdiction of the City of San Rafael.
Ordinance No. 2023 will add reasonable time, place, and manner conditions on camping
by persons who have no alternative shelter available. Among the new conditions,
camping areas will be limited in size to 10 ft. by 10 ft. for one person and 10 ft. by 20 ft.
for two or more persons; and, no camping area may be established within 200 ft. of
another camping area. Ordinance No. 2023 will become effective on August 16, 2023.
Further, Ordinance No. 2023 will carry over current provisions of the existing camping
ordinance, including that the City Council or City Manager may, by resolution or
administrative order, absolutely prohibit camping, or adopt time, place, or manner
conditions on camping, at any time in or on one (1) or more public properties, or portion
thereof, where such camping is determined to be a threat to the public health, safety, or
welfare.
II. RECITALS
WHEREAS, the Falkirk Cultural Center, located at 1408 Mission Avenue, San
Rafael, is a recreational and special use park in the City of San Rafael, identified in the
Citywide Parks and Recreation Master Plan. The Falkirk Cultural Center consists of
approximately 7.5 acres of Open Space and 3.6 acres of non -Open Space (Special Use
Park), and is served by the 0.77-acre Menzies Parking Lot, at 1428 Mission Avenue,
shown in Exhibit A, attached hereto and incorporated herein; and
WHEREAS, camping is absolutely prohibited in or on the Open Space portions of
the Falkirk Cultural Center, pursuant to Section 19.10.060(4) of the San Rafael Municipal
Code; and
WHEREAS, the City of San Rafael's camping ordinance, at Section 19.20.080(C)
of the San Rafael Municipal Code, also prohibits camping, or using or storing camp
facilities or camp paraphernalia, in any park in the City; and
WHEREAS, Section 19.20.080(C) 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
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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, it is estimated that there are presently approximately eight (8)
individuals camping, in or on the Menzies Parking Lot of the Falkirk Cultural Center,
including in tent structures and vehicles; and
WHEREAS, the Menzies Parking Lot, where the campsites are concentrated, is
directly adjacent to and abutting single-family, residential properties on Bryn Mawr Drive;
and
WHEREAS, camping at the Falkirk Cultural Center and Menzies Parking Lot is a
threat to public health, safety, and welfare in the City of San Rafael, and particularly to
the adjacent residents on Bryn Mawr Drive; and
WHEREAS, since the Spring of 2023, the San Rafael Police Department has
responded to an increase in volume of calls for service related to campsites at the
Menzies Parking Lot, including public alcohol consumption and intoxication; drug
possession and use; vandalism; theft from vehicles; disruptive behavior of the
encampment occupants; and sanitation, human waste, biohazards, and litter and refuse;
and
WHEREAS, since March 27, 2023, the San Rafael Police Department has
responded to 107 incidents, including 74 calls for service, at the Menzies Parking Lot
related to the campsites or camping activities, and made six (6) arrests for violations of
non -camping criminal laws; and
WHEREAS, on July 22, 2023, at approximately 4:30 a.m., the San Rafael Police
Department responded to a report of a shooting with a firearm which occurred during an
attempted burglary of a campsite at the Menzies Parking Lot. This incident is currently
under investigation by the San Rafael Police Department; and
WHEREAS, a temporary prohibition on camping in or on the non -Open Space
portions of the Falkirk Cultural Center and Menzies Parking Lot, from the date of this
Order through August 31, 2023, is necessary to 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 San Rafael
Municipal Code section 19.20.080(C); and
WHEREAS, on July 17, 2023, the City Council adopted Ordinance No. 2023 to
regulate camping on public property within the jurisdiction of the City. Ordinance No. 2023
will add reasonable time, place, and manner conditions on camping by persons who have
no alternative shelter available. Among the new conditions, camping areas will be limited
in size to 10 ft. by 10 ft. for one person and 10 ft. by 20 ft. for two or more persons; and,
no camping area may be established within 200 ft. of another camping area; and
Page 3 of 5
WHEREAS, Ordinance No. 2023, regulating camping on all public property in the
jurisdiction of the City, including the Falkirk Cultural Center and Menzies Parking Lot, will
become effective on August 16, 2023. And further, Ordinance No. 2023 was adopted with
the intention that it will continue to provide the City Council or City Manager the authority
to absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at
any time in or on one (1) or more public properties, or portion thereof, where such camping
is determined to be a threat to the public health, safety, or welfare. Therefore, this
Administrative Order will remain effective until it expires by the terms described herein.
III. ORDER
NOW, THEREFORE, pursuant to authority vested under Section 19.20.080(C) of
the San Rafael Municipal Code, the City Manager of the City of San Rafael hereby orders
as follows:
1. No person shall camp, including in a tent, on the ground, or in a
motor home or other vehicle, or use or store camp facilities or camp
paraphernalia, as defined in the San Rafael Municipal Code, in or on the non -
Open Space portions of the Falkirk Cultural Center and Menzies Parking Lot
property, or any portion thereof, located at 1408 and 1428 Mission Avenue, San
Rafael, as shown in Exhibit A.
2. The forgoing prohibition shall be effective immediately, from July
27, 2023 through August 31, 2023, unless extended by the City Council by
resolution or the City Manager by subsequent administrative order.
3. This Order shall have no effect on the absolute prohibition of
camping in or on Open Space under Section 19.10.060(4) of the San Rafael
Municipal Code.
4. 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 Order.
[Continued on next page.]
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IN WITNESS WHEREOF, the City Manager of the City of San Rafael has executed
this Order as of the day, month and year below written.
CITY OF SAN RAFAEL: DATE:
C&A
CristineAlilovich (Jul27, 2023 19 1) EDT'
CRISTINE ALILOVICH, City Manager
ATTEST:
City Clerk
EYenna ktrwi (hod
Brenna Nunm ,for; (Jul 27 2023 I :18 P T)
LINDSAY LARA, City Clerk
Jul 27, 2023
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Exhibit A
500 1,000 N Falkirk Cultural Center and Menzies Parking Lot,
-Feet A 1408 and 1428 Mission Avenue, San Rafael
Extension Administrative Order Falkirk and
Menzies Camping Prohibition (Temporary)
Final Audit Report 2023-08-31
Created: 2023-08-31
By: Laraine Gittens (laraine.gittens@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAFT7WEJZSjOeRQwC-13Wea301gLc1yvDq
"Extension Administrative Order Falkirk and Menzies Camping P
rohibition (Temporary)" History
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