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HomeMy WebLinkAboutCM Administrative Order Regulating Camping; Falkirk and Menzies, Non-Open Space (revised 08-13-24)CITY OF SAN RAFAEL ADMINISTRATIVE ORDER REVISING ADMINISTRATIVE ORDER OF THE CITY MANAGER REGULATING CAMPING ON CERTAIN PUBLIC PROPERTY: FALKIRK CULTURAL CENTER AND MENZIES PARKING LOT, NON -OPEN SPACE This Administrative Order of the City Manager of the City of San Rafael ("City") is issued pursuant to her authority under Sections 19.20.070(A), 19.50.030(B), and 19.20.090 of the San Rafael Municipal Code ("SRMC") to set time, place, and manner restrictions on camping in or on non -Open Space portions of the Falkirk Cultural Center and Menzies Parking Lot, in the City. 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. By the Spring of 2023, several individuals had established and occupied new campsites at the Menzies Parking Lot of the Falkirk Cultural Center. City staff estimated that there were 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 increased and concentrated at the Menzies Parking Lot, the San Rafael Police Department 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. The calls for service and criminal activity at the Menzies Parking Lot 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 reported the shooting and expressed concern for the safety of themselves, their children, and their families. To mitigate the substantial risk or risks to the public health, safety and welfare of the City's residents, businesses, visitors and/or property, on July 27, 2023, the City Manager 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 (the "Premises"). On August 31, 2023, the City Manager extended the effective date of the Administrative Order through September 30, 2023, and on October 2, 2023, extended the Administrative Order until further notice. A true and correct copy of the Administrative Order, and extensions thereto, is attached hereto as Exhibit A. Page 1 of 3 The Administrative Order was intended to be temporary, in part, because the City Council replaced its then -existing camping ordinance with a new ordinance to further regulate camping. Ordinance No. 2023, adopted on July 17, 2023, added Chapter 19.50 to the San Rafael Municipal Code ("SRMC") and added reasonable time, place, and manner conditions on camping by persons who have no alternative shelter available. Among the new conditions, camping areas are limited in size to 100 sq. ft. for one person and 200 sq. ft. for two or more persons; and, no camping area may be established within 200 ft. of another camping area. Shortly before Ordnance No. 2023 was scheduled to go into effect, several individuals living on the Mahon Creek Path in the City filed a lawsuit in Federal court challenging the ordinance. On April 15, 2024, the City Council adopted amendments to Chapter 19.50, adjusting campsite size maximums and establishing a camping prohibition within 250 feet of a school property, 10 feet from public utility infrastructure, private property lines, and other campsites. Further, Ordinance No. 2023 carried over provisions of the prior 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. This Administrative Order lifts the camping prohibition for the Menzies Parking lot but maintains the prohibition on camping in or on the non -Open Space portions of the Falkirk Cultural Center. 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 19.50.030(B) and 19.20.080(C). III. ORDER NOW, THEREFORE, pursuant to authority vested in the City Manager under Sections 19.20.070(A), 19.50.030(B), and 19.20.090 of the San Rafael Municipal Code, the City Manager of the City of San Rafael hereby orders as follows: 1. The temporary prohibition on camping in or on the non -Open Space portions of the Menzies Parking Lot property is lifted and is no longer in effect. 2. Camping activities in or on the non -Open Space portions of the Menzies Parking Lot property shall be subject to and must comply with applicable law, including Chapter 19.50 of the SRMC, as modified herein. 3. This Order shall have no effect on the absolute prohibition of camping in or on Open Space under Section 19.50.030(A) of the San Rafael Municipal Code. Page 2 of 3 4. This Administrative Order shall be effective immediately and shall remain in effect until subsequent administrative order of the City Manager or ordinance of the City Council. 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: Cri5tine A(Rovich (Aug 13, 202413:56 PDT) CRISTINE ALILOVICH, City Manager ATTEST: City Clerk /- za4l-- LINDSAY LARA, City Clerk DATE: 13/08/24 Page 3 of 3 r 2024-8-12 Repeal Administrative Order Menzies Camping Prohibition Final Audit Report Created: 2024-08-13 By: John Stefanski Bohn.stefanski@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAmLNPwBmNeawQxT6L2HgfzYDgXhxMWjKt 2024-08-21 "2024-8-12 Repeal Administrative Order Menzies Camping Proh ibition" History Document created by John Stefanski (John.stefanski@cityofsanrafael.org) 2024-08-13 - 8:55:52 PM GMT La+ Document emailed to Cristine Alilovich (cristinea@cityofsanrafael.org) for signature 2024-08-13 - 8:55:57 PM GMT E�y Document emailed to Lindsay Lara (lindsayl@cityofsanrafael.org) for signature 2024-08-13 - 8:55:57 PM GMT Email viewed by Cristine Alilovich (cristinea@cityofsanrafael.org) 2024-08-13 - 8:56:16 PM GMT d0 Document e-signed by Cristine Alilovich (cristinea@cityofsanrafael.org) Signature Date: 2024-08-13 - 8:56:36 PM GMT - Time Source: server Email viewed by Lindsay Lara (lindsayl@cityofsanrafael.org) 2024-08-21 - 9:58:00 PM GMT d© Document e-signed by Lindsay Lara (lindsayl@cityofsanrafael.org) Signature Date: 2024-08-21 - 9:58:24 PM GMT - Time Source: server C Agreement completed. 2024-08-21 - 9:58:24 PM GMT 8 Adobe Acrobat Sign