Loading...
HomeMy WebLinkAboutCM Administrative Order Prohibiting Camping; Lindaro Street (effective 12-06-23)CITY OF SAN RAFAEL ADMINISTRATIVE ORDER ADMINISTRATIVE ORDER OF THE CITY MANAGER PROHIBITING CAMPING ON CERTAIN PUBLIC PROPERTY: LINDARO STREET (EFFECTIVE DATE: DECEMBER 6, 2023) This Administrative Order of the City Manager of the City of San Rafael prohibits camping along a portion of Lindaro Street in the City of San Rafael. This Order is effective as of December 6, 2023 (the "Effective Date"). This Order is being issued pursuant to the authority of the City Manager, under San Rafael Municipal Code section 19.50.030(B), 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." L BACKGROUND Beginning in the summer of 2023, several individuals established and occupied a homeless encampment on an undeveloped City -owned parcel, located on the east side of Lindaro Street immediately south of Andersen Drive in downtown San Rafael (the "Lindaro Encampment"), in the area shown as "Lindaro Street — Camping Prohibited" in Exhibit A, attached hereto and incorporated herein. (Also shown in Exhibit A is an existing prohibition on camping at Albert Park, across Lindaro Street.) City staff estimate that there are presently seven (7) individuals camping in tents or like structures at the Lindaro Encampment. The Lindaro Encampment sits on the bank of the Mahon Creek reach of San Rafael Creek. The creek is the primary watercourse through downtown San Rafael that collects runoff from the upper watershed of central San Rafael and discharges to San Rafael Bay, a small embayment of San Francisco Bay. The reach of Mahon Creek between B Street and Highway 101 was restored in 2001. The reach is tidally influenced with wetlands bordering the channel downstream of Lindaro Street. The canal enters the bay near Pickleweed Park. Tiscornia Marsh at Pickleweed Park provides a habitat for native species. There are also intact woodland, grassland, and lagoon areas located along the watershed.' Most of the campsites are within 20 feet of the water line. There is no fence or other infrastructure separating the creek from the encampment. Since the encampment was established at this location, the City has received ongoing complaints from the public related to dumping and littering at the encampment, excessive trash observed in the waterway, and human waste on the bank of the creek. The City also received an inquiry from the San Francisco Bay Regional Water Quality Control Board ("Water Board"), 15ee, Marin County Flood Control District, San Rafael Creek land use and habitat, at httos://m.arinflooddistrict.org/san-rafael-creek-land-use-and-habitat; . Page 1 of 4 attached hereto as Exhibit B and incorporated herein, regarding actions taken to mitigate impacts to the creek. Streamside homeless encampments pose a significant water quality and public health threat from excessive trash, human waste, and erosion.2 The Water Board encourages local agencies to undertake efforts to eliminate and prevent adverse water quality impacts from homeless encampments.3 The City has been providing biweekly trash pickups and cleanups at the encampment, public restrooms are available across the street in Albert Park, and residents of the Mahon Creek Path encampment directly across Andersen Drive have installed serviced porta-potties for their use. However, these actions by the City have been insufficient to protect the creek. The City tries to enforce anti -littering laws, but enforcement is legally limited and entwined with complex and challenging societal issues. This Administrative Order adopts a prohibition on camping in the area designated as "Lindaro Street — Camping Prohibited" in Exhibit A. This Order is necessary to mitigate a substantial risk or risks to the public health, safety, or welfare, and such prohibition is permissible under applicable law, including San Rafael Municipal Code section 19.50.030(B). II. RECITALS WHEREAS, beginning in the summer of 2023, several individuals established and occupied a homeless encampment on an undeveloped City -owned parcel, located on the east side of Lindaro Street immediately south of Andersen Drive in downtown San Rafael, shown as "Lindaro Street — Camping Prohibited" in Exhibit A; and WHEREAS, the Lindaro Encampment sits on the bank of the Mahon Creek reach of San Rafael Creek, the primary watercourse through downtown San Rafael that collects runoff from the upper watershed of central San Rafael and discharges to San Rafael Bay, a small embayment of San Francisco Bay; and WHEREAS, the reach of Mahon Creek between B Street and Highway 101 was restored in 2001 and is tidally influenced with wetlands bordering the channel downstream of Lindaro Street; and WHEREAS, City staff estimate that there are presently seven (7) individuals camping in tents or like structures at the Lindaro Encampment, within 20 feet of the water line; and z See, California Water Boards, Central Coast, Water Quality and Homelessness, at httos://www.waterboards.ca.gov/centralcoast/water issues/orograms/wah.html. 3 San Francisco Bay Regional Water Quality Control Board, Resolution No. R2-2015-0024, Actions to Address the Adverse Water Quality Impacts of Homeless Encampments, available at nt::x./www.waterboards.ca.gov/sanrrarciscobay/board inio/agendas/2015/May/9 final to.pdf. Page 2 of 4 WHEREAS, since the encampment was established, the City has received ongoing complaints from the public related to dumping and littering at the encampment, excessive trash observed in the waterway, and human waste on the bank of the creek; and WHEREAS, the City also received an inquiry from the Water Board, attached as Exhibit B, regarding actions taken to mitigate impacts to the creek; and WHEREAS, streamside homeless encampments pose a significant water quality and public health threat from excessive trash, human waste, and erosion; and WHEREAS, the Water Board encourages local agencies to undertake efforts to eliminate and prevent adverse water quality impacts from homeless encampments; and WHEREAS, Section 19.50.030(B) of the San Rafael Municipal Code provides that, "[t]he 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;" and WHEREAS, prohibiting camping in the area designated as "Lindaro Street — Camping Prohibited" in Exhibit A is necessary to mitigate a substantial risk or risks to the public health, safety, or welfare, and such prohibition is permissible under applicable law, including San Rafael Municipal Code section 19.50.030(B). III. ORDER NOW, THEREFORE, pursuant to authority vested under section 19.50.030(B) 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, in the area designated as "Lindaro Street — Camping Prohibited" in Exhibit A, or any portion thereof. 2. The forgoing prohibition shall be effective on the Effective Date of this Order and shall remain in effect until a subsequent order of the City Manager or ordinance of the City Council. 3. Persons currently camping in the area prohibited by this Order shall be given a reasonable amount of time after the Effective Date of this Order to relocate. Page 3 of 4 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�— Cristine Alilovich (Dec 6, 2023 15:44 PST) CRISTINE ALILOVICH, City Manager ATTEST: City Clerk LuuJszW Law Undsav Lara ` ec 6 2023 20:00 PST; LINDSAY LARA, City Clerk Dec 6, 2023 Enclosures: Exhibit A — Map of Lindaro Street — Camping Prohibited Exhibit B — November 8, 2023, San Francisco Bay Regional Water Quality Control Board, Illegal Dumping Complaint — vicinity of 649 Lindaro St in San Rafael Page 4 of 4 • .� Rdler f' ealth 3rd S r Ti ... �� ti = ' •i renter. "reyna"wa San IR 1 Rafael 1 y`, r. � � ti• - .2nd: St, OFF << �s L. _ SanRafaeF 4 �j�• • ,��t 2nd $ United I•:4'arke •rl .I San r.arszi� 2nd;SAW r Cor r'r (ale f . 'e* Albert Palk �• � •!'� 1° >r � - ! � °o• °� Esc. or Park •. t /�• + N� Sa afael l Open Space JOrda c C�s�wo ao'a+ d ad -and �'p ea,� y Albert Park - Camping Prohibited .. . Street - Exhibit B From: Martinez, Joseph @Waterboa rds <Joseph.Martinez@Waterboards.ca.gov> Sent: Wednesday, November 8, 2023 12:07 PM To: April Miller <april.miller cit ofsanrafael.ore> Subject: Illegal Dumping Complaint - vicinity of 649 Lindaro St in San Rafael Hello April, I am forwarding a complaint we received about illegal dumping, and other discharges possibly associated with unhoused individuals on Lindaro St. in San Rafael. Please follow up with me regarding actions at this location taken to mitigate impacts to the adjacent creek. Such as regular removal of accumulated trash, ensuring individuals residing at this location have access to restroom facilities, and other measures that the city is taking at this location. Thanks, Joseph Martinez (he/ him) Environmental Scientist Phase II Contact / Watershed Division SF Bay Regional Water Board 510-622-2304 CaIEPA _ California Environmental 1i may/ Protection Agency Complaint Report COMP-58635 Complaint Information Complaint Number COMP-58635 Status Open Source Web Type Water Quality Complaint Date Received 10/08/2023 9:01 PM Date of Occurrence 10/08/2023 12:00 AM On -going Occurrence Yes Spill No Refinery No EJ Complaint No Tribal Complaint No Complaint Categories Air No Pesticides No Solid Waste No Toxic Substances No Water Yes Complainant Information First Name Last Name - Street Address City - State Zip Code _ Phone Mobile Email Email Opt Out No Do you wish to keep your contact information Yes confidential? Complaint Location Address 649 Lindaro St City San Rafael County Marin County State CA Zip Code 94901 Latitude 37.96789703 Longitude-122.52661678 COMP-58635 as of 10/09/2023 11:14 AM Page 1 of 6 CalEnviroScreen Information Census Tract Number 6041112100 CalEnviroScreen Score 27.7847584882313 CalEnviroScreen 54% Percentile Rank Complaint Description I've witnessed 5 different people dumping trash and human fecal mater and waste into San Rafael Creek. I contacted the local police about the illegal dumping but they dismissed it. I contact the Mayor but they said the homeless people are too hard to deal with and do not want to disturb them. I am very frustrated that our beautiful San Rafael Creek which flows into the San Francisco Bay and Pacific ocean is being polluted. Additonal Information Watershed Name of Affected Water San Rafael Creek and San Source Francisco Bay Area Drinking Water No Cannabis/Marijuana No Water Quality Yes Other Water Related No Concern Water Rights No Jurisdictional Partners Ag Commissioner Marin County Agricultural Air District Bay Area AQMD Commissioner CUPA Marin County Department of LEA Marin County Environmental Public Works Health Services Regional Water Board San Francisco Bay Region System Information Created By Complaint Site Guest User Last Modified By Complaint Site Guest User Owner Agency COMP-58635 as of 10/09/2023 11:14 AM Page 2 of 6 Complaint Location Map _ nu• Ra• , Academy c sul A,N Pq A N - ` DOWNTOWN SAN_ 51hir• 4dthamSt RAFAEL- 4thSt_ 101 'sso d a _ hqy 3rd St tstsr �. San Ratael SMAR' 4th 5? C/akro„ a - - 2nd St = 3 Rots 5t N 4 e m Taylor 5r Alber. Park Ut CANAL W F 6ayrew Sr Ovf 'rKia Ave �'O/ ;TLE PARK Octayar,� 'sf 11 O 'ram°B/i Sin Raf-t.i Aye J B Davidson jr Ori Middle p scc o o School O �B o' O 641 o aelt Avc r °rJSe r, PICNIC VALLEY 101fey Bret 4va c O tikCo s 1' z eii/ Alic�n�r na �` Rd ® 2DZ3 Microsoft. Corporat on ®2023 TomTom COMP-58635 as of 10/09/2023 11:14 AM Page 3 of 6 Complaint Assignments CA-29019 Type Group Status Owner Created By Water State of California San Francisco Bay Regional Water Quality Control Board New Deirdre Ryan Complaint Site Guest User Last Modified By Complaint Site Guest User COMP-58635 as of 10/09/2023 11:14 AM Page 4 of 6 Email Message From CalEPA Complaints <complaints@calepa.ca.gov> Sent Sun, October 8, 2023 9:01 PM To Subject Thank you for submitting an environmental complaint DO NOT REPLY TO THIS MESSAGE. Thank you for submitting your environmental complaint to CalEPA. If this is an emergency, please dial 911 immediately. For hazardous material spill notification, call the State Warning Center at 1-800-852-7550. Dear , The California Environmental Protection Agency (CalEPA) received your complaint on 10/8/2023. Your complaint will be referred to the appropriate agency for investigation. Your complaint tracking number is COMP-58635. A summary of the information you provided is provided below. If you need to correct any information or have questions about your complaint, please send your request or questions to complaints@calepa.ca.gov. Thank you for taking the time to notify us of your concern. Description: I've witnessed 5 different people dumping trash and human fecal mater and waste into San Rafael Creek. I contacted the local police about the illegal dumping but they dismissed it. I contact the Mayor but they said the homeless people are too hard to deal with and do not want to disturb them. I am very frustrated that our beautiful San Rafael Creek which flows into the San Francisco Bay and Pacific ocean is being polluted. Date/Time of Occurrence: 10/8/2023 12:00 PM Location Address: 649 Lindaro St San Rafael, 94901 Location Description (if provided): Responsible Party Name: Responsible Party Company Name: Responsible Party Address: , California Your information: Email: Home Phone: Mobile Phone: Your Address: Click- to view original message. COMP-58635 as of 10/09/2023 11:14 AM Page 5 of 6 Documents ComplaintOriginalSubmission - COMP-58635 10/08/2023 • 3.09 KB • pdf COMP-58635 as of 10/09/2023 11:14 AM Page 6 of 6 Administrative Order Lindaro Camping Prohibition 12.4.23 Final Audit Report 2023-12-07 Created: 2023-12-06 By: Laraine Gittens (laraine.gittens@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAZvsCOx5ggerCRE9scQaPo2rQJOO9rOXQ "Administrative Order Lindaro Camping Prohibition 12.4.23" Hist ory Document created by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2023-12-06 - 8:58:35 PM GMT- IP address: 199.88.113.8 U� Document emailed to Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) for approval 2023-12-06 - 8:59:56 PM GMT f!l Email viewed by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) 2023-12-06 - 9:00:15 PM GMT- IP address: 104.47.65.254 60 Document approved by Genevieve Coyle (genevieve.coyle@cityofsanrafael.org) Approval Date: 2023-12-06 - 9:26:30 PM GMT - Time Source: server- IP address: 199.88.113.8 'y Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2023-12-06 - 9:26:31 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2023-12-06 - 11:44:21 PM GMT- IP address: 174.249.147.232 6© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2023-12-06 - 11:44:47 PM GMT- IP address: 174.249.147.232 b© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2023-12-06 - 11:44:49 PM GMT - Time Source: server- IP address: 174.249.147.232 17- Document emailed to Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) for signature 2023-12-06 - 11:44:51 PM GMT Email viewed by Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) 2023-12-06 - 11:45:12 PM GMT- IP address: 40.94.29.135 0 Adobe Acrobat Sign rE Laraine Gittens(laraine.gittens@cityofsanrafael.org) replaced signer Brenna Nurmi (brenna.nurmi@cityofsanrafael.org) with Lindsay Lara (lindsay.lara@cityofsanrafael.org) 2023-12-07 - 1:03:38 AM GMT- IP address: 199.88.113.8 C'y Document emailed to Lindsay Lara (lindsay.lara@cityofsanrafael.org) for signature 2023-12-07-1:03:39 AM GMT ,n Email viewed by Lindsay Lara (lindsay.lara@cityofsanrafael.org) 2023-12-07 - 1:04:18 AM GMT- IP address: 40.94.28.192 60 Document e-signed by Lindsay Lara (lindsay.lara@cityofsanrafael.org) Signature Date: 2023-12-07 - 4:00:24 AM GMT - Time Source: server- IP address: 67.169.52.201 Agreement completed. 2023-12-07 - 4:00:24 AM GMT 0 Adobe Acrobat Sign