HomeMy WebLinkAboutCM Action Plan Homeless SubcommitteeAgenda Item No: 4. b
C'Ty OF Meeting Date: June 3, 2013
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY MANAGER
Prepared by: Nancy Mackie, City Manager
SUBJECT: CONSIDERATION OF ACTION PLAN FROM CITY COUNCIL HOMELESS
SUBCOMMITTEE AND RESOLUTION AUTHORIZING HIRING A POLICE OFFICER
RECOMMENDATION:
1. Accept Subcommittee Action Plan.
2. Adopt resolution authorizing the hiring of an additional Police Officer for three
years to support the Downtown Foot Patrol.
3. Declare September 2013 as Homeless Awareness Month.
BACKGROUND: Homelessness is a complex and chronic issue comprising many
subgroups from those at risk of losing their housing to those who are chronically
homeless. The County of Marin, through the Federal and State government, is
responsible for funding health and human services for county residents. As the County
seat, San Rafael is home to many social service organizations that are exemplary in
their expertise and commitment to various aspects of the issue of homelessness.
While San Rafael is limited in its role, there are several steps that have been taken over
the years in this arena:
1. City policies are in place in General Plan 2020 that relate to supporting
affordable housing and shelters for homeless people, which revolve primarily
around land use (zoning, etc.)
2. The City, through its former Redevelopment Agency, has funded low income
housing with grants to service providers for programs and housing subsidies to
prevent homelessness.
3. The City has been involved in fire prevention in City open space, through a joint
effort of Fire, Police and Public Works staff. This involves annual work to clear
out encampments.
4. The City has worked cooperatively with St. Vincent de Paul, Ritter Center,
Homeward Bound and the Rotating Emergency Shelter Team (REST) program
to assist in their provision of services to the homeless community as well as any
FOR CITY CLERK ONLY
File No.:
Council Meeting:
ME=
SAN RAFAEL CITY COUNCIL AGENDA REPORT / PaLre: 2
of their work to prevent homelessness.
5. The City has been actively involved in the County's efforts to complete a 10 Year
Plan to End Homelessness and will continue to do so, attending meetings and
voicing local concerns.
6. Downtown foot beat officers make regular connections with service providers to
coordinate public safety in and around Ritter Center, St. Vincent de Paul, and the
Downtown area.
7. In past years, San Rafael has helped coordinate "Homeless Connect" to provide
focused services from all sources to homeless people.
Staff from Community Development, the Police and Fire Departments and the City
Manager's office works in collaboration with these other agencies on a regular basis.
From its inception in 1972 to its demise in 2011, the San Rafael Redevelopment
Agency provided financial assistance to local non-profit agencies for the creation of new
affordable housing units and for the rehabilitation of housing units for low-income
individuals.
San Rafael's Downtown has always been lively and diverse with a balance of shoppers,
residents living in the apartments above the storefronts, businesses, and clients of local
social service agencies. The City has received increased complaints in the past two
years that the balance in our Downtown has shifted and the street population is
negatively affecting businesses and the experience of visitors to our Downtown.
In response to these concerns, Mayor Phillips established a two -member City Council
Subcommittee on Homelessness in early 2012. The Subcommittee members were
Vice Mayor Levine (Chair) and the Mayor. Council member Colin is the current
Subcommittee Chair.
The Subcommittee charge was to research and assess strategies to reduce the number
of homeless in San Rafael. The Subcommittee also wanted to create a welcoming and
safe environment for all and provide for our most vulnerable, by coordinating with social
service providers.
In the summer of 2012, the Subcommittee created a community Stakeholders Group on
this issue. The Stakeholders Group met in July, August and early October 2012. Their
meetings were noticed and public comment was taken at each.
The work of the Council Subcommittee and the community Stakeholders Group was
summarized IN an October 15, 2012 staff report to the City Council. The staff report
contained eight recommendations to reduce the impact of the street population in San
Rafael. The City Council accepted the staff recommendations. The October 15th
report
is also available at
httio://citvofsanrafae1.qranicus.com/MetaViewer.r)hr)?view id=2&clir) id=309&meta id=2
6132 or click here.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 3
The City's actions were based on research on "best practices" from other cities. The
City's actions were also informed and often coincided with recommendations developed
during the update of Marin County's Ten -Year Homeless Plan to end homelessness for
the 2013-2023 period (the "Ten -Year Homeless Plan"). The draft plan is available at
httr)://www.co.marin.ca.us/depts/HH/main/coc/.
Based on the staff work to date, the community's input from the Stakeholders Group,
and the Ten -Year Homeless Plan outreach meetings, as well as Subcommittee meeting
in April 2013 with additional stakeholders to review the Draft Action Plan, the Council
Subcommittee developed an Action Plan for the full City Council consideration
(Attachment A).
DISCUSSION: The results of the work of the Subcommittee recognizes the limits of
municipal government's role in the provision of health, mental health, and other social
services, including the prevention and provision of services related to homelessness.
The majority of these services are funded and provided by the County of Marin using
Federal, State and County funds. Therefore, the Action Plan is focused on meeting the
City's objectives through actions to be undertaken by the City of San Rafael in
conjunction with local service providers.
Short-term objectives (to be completed by December 2013):
• Reduce the impact of the "street population" in Downtown
• Create a more welcoming environment in our Downtown, library, and local
parks/open space
• Authorize the hiring of an additional Police Officer for up to three years to support
the Downtown Foot Patrol to work closely with the City's new Mental Health
Outreach position
• Provide multiple ways for residents to contribute to creating a more vibrant
Downtown
• Increase community understanding of the complex issue of homelessness by
declaring the month of September 2013 as Homeless Awareness Month
Long-term objectives:
• Promote the creation of additional affordable housing stock
• Implement permanent policies that maintain a healthy and safe environment
• Support programs that keep people housed
• Facilitate accountability for mental health treatment follow up
Ongoing objectives:
Continue to collaborate with the county, local jurisdictions and service providers
to address this issue at both a policy and action level
Explore policy and funding options at the state level
Identify funding sources for program implementation
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paec: 4
• Work with community and service providers to implement Marin County's Ten -
Year Homeless Plan to end homelessness (2013-2023)
• Continue consistent monitoring of City's progress of key actions
FISCAL IMPACT: The majority of the actions outlined in the Action Plan will be
addressed by current City staffing. The funding for an additional police officer to
support the Downtown foot patrol for up to three years will come from existing
resources in the General Fund budget, the Homeless Initiative Project, and existing
grants.
OPTIONS:
1. Accept the Subcommittee Action Plan
2. Direct staff to make changes to the Action Plan
3. Reject the subcommittee Action Plan
RECOMMENDED ACTION:
1. Motion to accept the Homelessness Action Plan
2. Adopt a resolution to authorize the hiring of an additional Police Officer for up to
three years to support the Downtown Foot Patrol
3. Declare September 2013 as Homeless Awareness Month and invite community
members to undertake education and outreach activities
EXHIBITS:
A: Recommended Action Plan and timetable
RESOLUTION NO. 13545
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE HIRING
OF ONE ADDITIONAL POLICE OFFICER FOR UP TO THREE YEARS TO SUPPORT
THE CITY OF SAN RAFAEL HOMELESS ACTION PLAN
WHEREAS, On June 3, 2013, the City Council approved an Action Plan presented by
the City Council sub -committee on Homelessness ("Homeless Action Plan");
WHEREAS, the City of San Rafael Homeless Action Plan contains a series of actions to
be undertaken by the City and its community partners; and
WHEREAS, One of the actions contained in the approved plan was to hire an additional
police officer for the Downtown foot patrol for a period of up to three years; and
WHEREAS, this additional hire will be funded from a combination of General Fund
resources (including Homeless Initiative Project funds) and grants; and
WHEREAS, The hiring of an additional officer would raise the number of authorized
positions in the Police Department from 87 positions to 88 positions;
WHEREAS, The annual cost of this additional position would be approximately
$160,000 per year.
NOW, Tf IEREFORE, BE IT RESOLVED that the City Council hereby:
Approves the hiring of one additional police officer for a period of up to three years to
support the continuity of the Downtown foot beat coverage.
Approves increasing the number of authorized positions in the Police Department from
87 to 88 positions.
Authorizes the City Manager and the Chief of Police to take such actions as required to
hire the additional officer.
BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon
adoption.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City held on Monday, the third day of June, 2013 by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
HOMELESS SUBCOMMITTEE DRAFT ACTION PLAN -JUNE 2103 -PAGE 1
City of San Ra a M,
Draft Action.
Homeless Subcommittee
JUNE 2013
Homelessness represents a spectrum of situations including those seen and unseen, individuals
and families who have a unique set of challenges to overcome. The federal agency of Housing
and Urban Development (HUD) and the County of Marin's Ten -Year Plan to End Homelessness
refer to these broad categories of homeless populations:
• Chronically homeless people
• Chronic substance abusers
• Veterans
• Unaccompanied youth
• Survivors of domestic violence
The County of Marin is the local government agency designated with the primary responsibility
for providing services to these groups, working in partnerships with cities, and non-profit
service providers. The City of San Rafael's approach with these partners is to understand that
services, enforcement, and larger system change are appropriate for different people at
different times.
This Action Plan focuses on the following sub -groups that relate to the visible Downtown street
population:
• People who are creating disturbances that may or may not have housing
• People with mental health challenges
• Young adults "traveling through"
• Formerly employed people who are having difficulty finding work
• People who are not ready or able to access the current services available to help them get
back on their feet
• People who are frequently drunk ("serial inebriates") or addicted to drugs
• People who do not fit any of the above categories and have very idiosyncratic reasons for
being on the street
HOMELESS SUBCOMMITTEE DRAFT ACTION PLAN —JUNE 2103 — PAGE 2
This Action Plan is focused specifically on the Downtown area of San Rafael, as it is the heart of
our community. The balance in Downtown has shifted with the street population negatively
affecting businesses and the experience of both our residents and visitors.
Homelessness is a complex and chronic issue comprising many subgroups from those at risk of
losing their housing to those who are chronically homeless. The County of Marin, through the
Federal and State government, is responsible for funding health and human services for county
residents. The Federal government requires all funding recipients to prepare a Ten -Year Plan to
End Homelessness. Marin County has published a draft of their plan "Home for All" for the
2013-2023 period. The Plan is based on a large-scale collaborative planning process
("Charrette") that occurred in the summer of 2012. The Ten -Year Homeless Plan addresses the
needs of both homeless families and homeless individuals.
As the County seat, San Rafael is home to many social service organizations that are exemplary
in their expertise and commitment to various aspects of the issue of homelessness. Staff from
Community Development, the Police and Fire Departments and the City Manager's office works
in collaboration with these other agencies on a regular basis. From its inception in 1972 to its
demise in 2011, the San Rafael Redevelopment Agency provided financial assistance to local
non-profit agencies for the creation of new affordable housing units and for the rehabilitation
of housing units for low-income individuals.
The purpose of this short-term action plan is to highlight those actions within the City's control
to accelerate progress in addressing the impact of the street population in Downtown. This
plan does not address homeless families or individuals that are not on our Downtown streets.
San Rafael supports the efforts of agencies and groups assisting families through our Housing
Element policies.
• Downtown is the heart of our community and we all benefit from a strong, vibrant and
economically healthy downtown with a balance of retail, business, civic, cultural and
nonprofit uses.
• We celebrate the City's cultural resources and Downtown activities (library, parks,
restaurants, retail, baseball and signature events, etc.)
• We are a compassionate community that respects individuals and rejects unhelpful
stereotyping.
• We support housing for residents at all economic levels.
• We support individual's efforts to get and remain clean and sober and we encourage
programs that reduce access to alcohol and drugs.
• We want welcoming public spaces and are committed to enforcing appropriate public
behavior when necessary.
HOMELESS SUBCOMMITTEE DRAFT ACTION PLAN —JUNE 2103 — PAGE 3
• As underscored in our recently adopted San Rafael Action Plan, the City values its
partnerships with other levels of government, nonprofits, the faith community, and
other concerned groups and residents because we cannot tackle such complex issues
alone and together we do better in developing and implementing solutions.
The City of San Rafael
In response to community and business concerns, in the spring of 2012 City staff and the City
Council Homeless Subcommittee, then composed of Mayor Phillips and Councilmember Levine
(the latter now replaced by Councilmember Colin), embarked upon an effort to address this
issue, which culminated with a report of planned actions accepted by the full City Council on
October 15th, 2012. A table on the status of the October 2012 recommendations is attached to
this report (Attachment A). Other City actions to date are shown on Attachment B.
Service Providers and the Broader Community
The City relies heavily on the initiative and progress of its partners. These are just a few
highlights of partner activities since last October:
• Community Action Marin instituted a second street outreach mental health team (CARE
Team II) for San Rafael to assist people with mental health and substance abuse issues
• Business, service providers and the faith community developed a working group on the
homeless issue called Thursday Morning Group
• Community members have participated in the community action planning workgroups
for the implementation of Marin's Ten -Year Plan to End Homelessness
Overall Goal
San Rafael City Council's overall goal is to significantly reduce homelessness in San Rafael.
Objectives
Short-term (to be completed by December 2013):
• Involve all community members, including those who live on the streets, in making our
Downtown a better place to visit
• Reduce negative impacts of the "street population" in Downtown
• Create a more welcoming environment in our Downtown, library, local parks/open
space and areas adjacent to local schools
• Authorize the hiring of an additional Police Officer for up to three years to support the
HOMELESS SUBCOMMITTEE DRAFT ACTION PLAN —JUNE 2103 — PAGE 4
Downtown Foot Patrol to work closely with the City's new Mental Health Outreach
position
• Provide multiple ways for residents to contribute to creating a more vibrant Downtown
• Increase community understanding of the complex issue of homelessness by declaring
September 2013 as Homeless Awareness Month
Long-term:
• Promote the creation of additional affordable housing stock
• Implement permanent policies that maintain a healthy and safe environment
• Support programs that keep people housed
• Facilitate accountability for mental health treatment follow up
Ongoing:
• Continue to collaborate with the county, local jurisdictions and service providers to
address this issue at both a policy and action level
• Explore policy and funding options at the state level
• Identify funding sources for program implementation
• Work with community and service providers to implement Marin County's Ten -Year Plan
to End Homelessness (2013-2023)
• Continue consistent monitoring of City's progress of key actions
Strategies
1. Reduce neaative impacts of the street population in Downtown:
It is crucial to meet this objective as our residents have requested change, and it will be harder
to attract tourists and shoppers if the Downtown is not welcoming.
• Compel serial inebriates to choose between treatment and incarceration through
working with the District Attorney, the Courts and the City Attorney. (County is also
addressing)
• Meet with San Quentin officials to address the San Rafael drop-off program (County is
also addressing)
• Remove encampments by continuing to fund cleanup efforts in parks and open spaces
2. Create a Welcomina Environment Downtown, at the Librorv, and in the parks/open space:
Some San Rafael residents feel uncomfortable at certain times on Fourth Street, and the
atmosphere of the library, the community center and Falkirk are impacted by the homeless.
HOMELESS SUBCOMMITTEE DRAFT ACTION PLAN —JUNE 2103 — PAGE 5
• Increase vibrancy of Downtown by partnering with the BID to beautify Fourth Street,
create events to draw people Downtown and get local businesses involved in local
solutions (such as the Downtown Streets Team)
• Retain local businesses and attract new businesses to the Downtown by hiring a
business development professional
• Compel dog owners to be responsible owners by using the efforts of Animal Control and
licensing
• Institute "Hot Spot" policing efforts and hire an additional Downtown beat officer
3. Provide multiple ways for residents to contribute to creating a more vibrant Downtown
• Partner with the community to create and support community gatherings and events
using the Downtown assets including the City Plaza, Art Works Downtown and the
Rafael Film Center
• Support the existing public arts program sponsored by Art Works Downtown
• Work with the City's volunteer coordinator to develop new volunteer activities and
support existing volunteer activities in the Downtown including clean up days
4. Increase community understanding of the complex issue of homelessness
The City will collaborate with its partners on a coordinated education program about
homelessness. A key focal point will be to declare September 2013 as Homeless Awareness
Month to provide a focused time period for individual and group actions to develop and assist
in implementing local solutions. Sample activities may include:
• Schedule and promote a community gathering which directly addresses the three
objectives outlined above
• Request the County to make this a Countywide initiative
• City staff and City Council members to meet with local groups to present the City's
Action Plan
• Partner with service providers and other to present personal stores of homeless
individuals and families to the local media
• Present a film on homelessness at the Rafael Theatre and/or at the City library or
community center
• Partner with the San Rafael library to showcase materials of children and adults on the
subject of homelessness
• Invite the faith community to consider sermons regarding homelessness and/or
congregation awareness events
• Encourage local business and civic groups to invite speakers from the Home for All
campaign
• Meet with the faith community to thank them and promote further community
outreach
HOMELESS SUBCOMMITTEE DRAFT ACTION PLAN —JUNE 2103 — PAGE 6
• Involve local businesses with local solutions such as the Downtown Streets Team and
the Home for All campaign, a campaign to educate and inspire community action to help
prevent and end homelessness in Marin
• Make information about these activities easily accessible from a dedicated section of
the City's website
S. Support Communitv Efforts to reduce homelessness
• Continue to implement the policies in the General Plan Continue to support "housing
first" programs that provide stable housing to allow people to rebuild their lives and
assist the precariously housed to avoid shelter stays (County also addressing)
• Maximize City strategies through collaborating with the County, working with the Marin
Partnership to End Homelessness and continued participation in the County -level
Homeless Policy Steering Committee
• Update the inventory of local services in order to helps service providers identify gaps
in services and/or overlapping services (Also included as a priority recommendation in
Marin County's Ten -Year Plan to End Homelessness)
• Continue participation in the County -level Homeless Policy Steering Committee
• Ensure future funding sources by pursuing Federal and State opportunities, working
with local businesses and local philanthropies (County also addressing)
6. Onaoina enaaaement with the communitv reaardina the Citv's Plan
• Inform the community and provide updates through the City Manager's newsletter,
quarterly updates at City Council meetings and on the City website
• Meet with the faith community to thank them and promote further community
outreach
• Provide quarterly updates to the Citizens Advisory Committee on Economic
Development and Affordable Housing
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INSTRUCTIONS
DEPARTMENT
CITY OF SAN RAFAEL
USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
Stephanie Lovette
TITLE OF DOCUMENT:
Economic Development
Successor / SRCC AGENDA ITEM NO. 4. b
DATE OF MEETING: 6/3/2013
CONSIDERATION OF ACTION PLAN FROM CITY COUNCIL HOMELESS SUBCOMMITTEE AND
RE OLUTION AUTHORIZING HIRING A POLICE OFFICER
Dep6iffent Head (signature)
(LOWERHALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
Citya ger (si nature)
APPROVED AS TO FORM:
City Attorney (signature)
REMARKS: This was approved by everyone for Nlay 20"' but council did not take action on the item and
rolled to June 31.
Mayor Phillips,
San Rafael City Council,
City Manager Nancy Mackle
May 31, 2013
Gerstle Park Neighborhood Association
PO Box 150644, San Rafael, CA 94915-0644
www.gerstlepark.com
Dear Mayor Phillips; San Rafael Council Members
Ce: City Manager Nancy Mackle
Re: Consideration of Action Plan from Homeless Subcommittee
You will be considering a resolution to adopt the stated report on Monday, June 3 when I will be
in class, and though I had hoped to speak last week, this agenda item was tabled. Please accept
this written report.
Our Board has read and considered the Action Plan and suggests you consider amending the
Action Plan to indicate our concerns below.
Our primary concerns in the Action Plan regard:
A. The health and safetv of all people in San Rafael's parks and open spaces
B. The safetv and preservation of the parks and open spaces in light of impact of
homelessness therein.
GPNA Comment 1: None of the pages, objectives or strategies is numbered. The document is
difficult and confusing to follow. Pages, objectives and strategies should be numbered
GPNA Comment 2: Parks and Open Spaces are mentioned in the following objective, yet are
not addressed in its strategy. This omission must be corrected. Exactly how will the Action
Plan create a more welcoming environment in our parks and open spaces? The only strategy
mentioned in Attachment C.
Short Term Objectives and Stratep-ies
"Create a more welcoming enx.ironinent in our dotivntown library; local parks. open space
and areas adjacent local schools."
Attachment C
"Remove encampments by continuing to fund clean-up efforts in parks and open spaces."
GPNA Comment 3: Funding clean-up efforts in the parks and open spaces is important;
however this does nothing to eliminate the next night's encampments. Historically the removal
is not sustainable, meaning that the next day brings a new clean-up, new posting of evictions and
a new waiting period of 3 days. The encampments return and the fire hazard remains.
GPNA Comment 4: [Please see APPENDIX, p. 3 of this letter] The logic behind Attachment A,
Phase One should be re-examined in light of current fire statistics. This strategy has not worked:
there have already been 4 fires attributed to encampments in 2013 and the fire season has just
begun. We need an effective means to eliminate fires due to campers in San Rafael's open spaces
on a permanent basis.
GPNA Comment 5: Enforce the Municipal Code Ordinances 19.10.060
Please review the Municipal Code, Section 19.10.060 [APPENDIX] that includes 30 regulations
concerning the open spaces of San Rafael. Of those 30 regulations, 20 are regularly violated by
homeless residents of our parks and open spaces.
In closing, we need a well defined Action Plan that endorses the wisdom of the Municipal Code,
providing safe and healthy parks and open spaces for all residents of San Rafael and provides
strategies to accomplish this goal.
We want to work with the City on improving the Action Plan to make a real difference in the
homelessness situation in San Rafael for all of its residents.
Yours truly,
Amy Likover
President
Gerstle Park Neighborhood Association
2
Amy Likovcr, Gerstle Park Neighborhood Association, continued
APPENDIX
San Rafael Municipal Code
Attachment A, Phase One, approved by the Council in 2012 provides additional funding for
fire prevention in the open space to be assessed by "Reduction in the number & size of
encampments. Reduction in fires in open space due to campers."
19.10.060 - Open space regulations.
(1)Use of Open Space. No person or group of persons shall use any open space area or facility
for any purposes inconsistent with this title or other city ordinances and regulations, except with
written permission from the public works department.
(2)Use of Buildings and Structures. No person shall use, occupy or otherwise remain in a
building, structure or facility parking area beyond normal use hours without first having obtained
a permit from the public works department.
(3)Hours of Use. No person shall be allowed to enter, loiter or remain in or on any city open
space lands any later than one-half hour after sunset or earlier than one-half hour before sunrise
without prior written permission from the public works department.
(4)Camping. No person or persons shall camp and stay overnight in or on any part of open space
property, except with written permission from the public works department.
(5)Reservations. Reservations for use of areas and facilities may be granted. Persons using a
facility which is subject to reservation by permit shall have priority over those not having
permits. Upon presentation of the permit, nonreservation holders must vacate the area or facility.
(6)Closing of Areas. The city shall reserve the right to close certain open space areas to the
public for the purpose of protecting the environmental quality of the area, during periods of
extreme fire hazard, or other such purposes deemed hazardous or dangerous to persons or
property.
(7)Prohibited Areas. The public works department may from time to time declare and post a
prohibited area for such reasons as unsafe or dangerous conditions, maintenance, construction of
improvements, etc. The purpose of this is to insure the safety and health of persons, to avoid
interference in development, construction or management, or to provide for security.
safeguarding and preservation of open space property.
(8)Utilities. No unauthorized person shall enter a fenced utility area or remove, destroy or tamper
with any valve switch or control, any telephone. electrical, water or sewer line or system owned
or operated by a public utility company or public agency.
(9) Grazing. Grazing by domestic animals shall not be permitted on open space lands, unless it
can be clearly demonstrated that such grazing will be of significant benefit to an open space area
and approval is granted by the city council.
(1 Q) Destruction of Property. No person shall cut, break, injure, deface or disturb any tree, shrub,
plant, rock, monument, fence, bench, table, structure, apparatus, equipment or property, or
remove any flora or natural geological or paleontological features or mark or write upon any
building, monument, fence, bench or other structure or carry any flowers, shrubs, or branches
into or through any open space area. In addition, no person shall remove, add or introduce any
vegetation, wood, soil, rock, sand or gravel from or onto any open space area without written
permission from the public works department.
(I I )Archaeological Features. No person shall remove, injure, disfigure, deface or destroy any
object of archaeological or historical interest or value.
(12)Fires. No person shall start a fire for any purpose within any open space area except at places
provided for such purpose unless prior special written permission has been obtained from the
public works department.
(13)Smoking. Due to extreme fire hazard, no person shall smoke in open space areas between
May fifteenth and December first of each calendar year, except in designated areas.
(14)Rubbish and Litter. No person shall dump, deposit or leave any bottles, broken glass, paper,
boxes, cans, rubbish, waste or garbage, or other trash in any open space area. Waste or trash from
incidental day use must be deposited in the receptacles provided on open space lands. If
receptacles are not available, persons must upon departing carry out all residual items, waste, or
trash for subsequent disposal in appropriate waste receptacles.
(15)Sewage or Waste Water. No person shall deposit waste water, sewage or effluent from sinks,
portable toilets, holding tanks or other plumbing fixtures directly upon or into the surface of the
ground or water within an open space area.
(16)Swimming or Bathing. No person shall swim, bathe, wade, change or alter the water quality
of any fountain, pond, lake, river, stream or waterway. No person or persons shall introduce to
waters in an open space area substances that alter or change the natural water quality.
(17)Wildlife. No person shall hunt, molest, harm, frighten, kill, trap, poison. chase, tease, shoot
or throw- rocks or missiles at any fauna in any city open space area; however, law enforcement
officials or agencies directed by the city may trap, hunt or kill fauna when necessary.
(18)
Hunting and Dangerous Weapons. No person, except duly qualified and directed law
enforcement officials, shall take into any open space area any firearm, air gun or gas .veapon.
slingshot, crossbow, bow and arrows, or other articles of like character.
4
(19)Fishing. No person shall take fish within the boundaries of any designated swimming area or
other such restricted area as may be designated and posted by the city. Fishing in other areas
shall be in accordance with the rules and regulations established by the city; provided, however,
that no person shall utilize a spear or arrow while fishing on open space lands.
Except as otherwise posted, a valid state fishing license shall be required for all persons over the
age of sixteen years, and all state fish and game laws and regulations which are applicable shall
apply (Fish & Game Code, Section 7145).
(20)Release of Animals. No person or persons shall release, introduce or abandon any animal of
any type to -an open space area.
(21)Dogs. No person shall bring a dog into open space areas unless the dog is on a leash of no
more than six feet in length and under the immediate control of the person.
(22)Horseback Riding, Hiking. No person shall drive, ride, lead or keep a horse or other animal
in or on open space property except on such roads or trails or other areas so designated. No horse
or other animal shall be hitched, leashed or tied to any tree, shrub, or structure in any manner that
might cause damage thereto. No person shall ride any animal in a manner that might endanger
life or limb of any person or animal, and no person shall allow his animal to be left unattended or
insecurely tied.
(23)California Vehicle Code. All provisions of the California Vehicle Code shall apply in open
space areas designated for vehicle use except as otherwise provided in the following:
(a)No person shall drive a vehicle in an open space area at a speed greater than posted.
(b)No person shall operate a motor vehicle, other than an emergency or maintenance vehicle, on,
over or across a fire trail, hiking trail or open space lands, without first securing a written permit
from the police department.
(c)No person shall park or leave any vehicle or trailer unattended so as to impede the drivers of
other vehicles.
(d)
No person shall operate any vehicle, motorcycle or motor -driven cycle in wilful or wanton
disregard for the safety of persons or property or natural amenities.
(e)
No person shall operate any vehicle. motorcycle or motor -driven cycle in any open space area
other than on roadways or drives provided for such purposes.
(24)
Behavior. No person shall indulge in any riotous, boisterous, threatening, indecent or immoral or
abusive behavior, or use profane and/or vulgar language while in or on any open space area or
facility.
(25)Nudity. No person shall appear nude while in any public open space area.
(26)Vandalism. Parents or legal guardians of minor children shall be held accountable for the
acts of their children. Damage or vandalism to open space areas, structures or equipment by
children shall be the responsibility of the parent or legal guardian having custody or control of
the minor.
(27)Restrooms. No person over the age of eight years shall enter or use any toilet or restroom
facility designated for members of the opposite sex.
(28)Miscellaneous Dangerous Activities. No person or persons shall engage in any of the
following activities on open space lands, except in areas specifically designated and set aside
from time to time by the city for such use:
(a)Use or possess fireworks of any kind;
(b)Drive, chip, or in any manner play or practice golf, or hit golf balls;
(c)Operate self-propelled model airplanes, boats, automobiles or other model craft of any kind or
description;
(d)Throw, release or discharge missiles, rockets or similar projectiles;
(e)Hang glide or parachute;
(f)Engage in any activity or operate any device recklessly or negligently so as to endanger the
life, limb or property of any person.
(29)Handbills or Circulars. No person shall distribute any handbills or circulars or post, place or
erect on any open space lands any bills or notices advertising any program or event not
specifically related to the open space and authorized by the city.
(30)Vendors. No vendor shall sell, expose for sale, or offer to sell on open space lands or along
any street or sidewalk adjoining or approaching any open space area within two hundred feet of
such facility any goods, wares or merchandise of any kind whatsoever without a use permit
approved by the San Rafael planning commission.
(Ord. 1 198 § 1 (part), 1975).
no