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Fire in Marin
Homeless encampments in San Rafael open space and the wildfire danger they pose
Last month, I promised concerned Dominican Black Canyon residents that I would find out more about the Open Space Rangers’ patrol schedules, what limitations, if any, exist on their ability to remove homeless encampments and, most importantly, why encampments in our hills continue to be such a pernicious problem, particularly as to wildfire dangers. I also wanted to learn whether the accusations that the police “do nothing about this problem” are correct.
To that end, I explained the issue to Mayor Phillips, who then called a meeting of key department heads, including the Police Chief, the Fire Chief, and the City Attorney and Assistant City Manager Christine Alilovich, to address these questions of communications and performance.
The following is based on a report that was written by Christine Alilovich, which she and the Mayor reviewed with me two weeks ago.
What are the City’s current patrol / enforcement efforts related to unlawful campsites?
The Police Department’s Park Ranger assigned to open space, regularly patrols and his work schedule is from approximately 3:00 am – 12:00 noon. He and the other Department Park Ranger (who primarily patrols the flats and lower lying area parks) alternate days, so there is a Ranger patrolling 7 days a week.
Sergeant Huber (who supervises the Rangers) reported that he spoke with the Open Space Ranger, who had very recently patrolled Villa Avenue open space and found and gave notice on one campsite.
Sergeant Huber encourages residents to call him to learn more about the ranger patrols and how he can work with the community on identifying campsite locations and assisting in addressing the neighborhoods’ specific concerns.
Sgt. Huber told me that the Ranger patrols are not arbitrary and static but are based on where the greatest risk is, information from the public, weather, etc. He said that campsites are being removed on a regular basis once the 72-hour notice has expired, and that some 500 campsites were removed over a year ago.
Christine’s report goes on to say that they reviewed the statistics indicating how significant the City’s prevention efforts are and have been quite recently. For example, two weeks prior to the fire on Robert Dollar, Department of Public Works crews removed 17 separate homeless camps and an estimated 8 tons of debris located right in the area where the fire started.
In addition, the City (SRFD) has posted a web-page that provides more information about how residents can report campsite locations via smartphones and more statistics about enforcement efforts over the last year. That page can be found on the City’s website at,
https://www.cityofsanrafael.org/open-space-fire-hazards
Note that salient data on this website shows that for January through June of this year, over 140 campsites were removed, 45 citations issued, over 400 warnings given, and 20 arrests made.
Other information on that page includes, How to Report Open Space Campsites and Fire Hazards:
- Emergency - Call 9-1-1.
- Urgent, but not non-emergency - Call (415) 485-3000 (this line is answered 24/7)
- Not urgent - use the Open Space Campsite Hazard reporting form
According to the Assistant City Manager’s Report, the process of removing an unlawful encampment is as follows:
- The Rangers provide notice to the individuals and post notices at unlawful campsites that they discover, and the City (combination of the Ranger and Public Works staff) return following the 72-hour notice to remove the abandoned property left at the location.
- The Park Ranger takes photos and latitude/longitude coordinates to document and return to the site with the Public Works crew to remove debris, etc. Property that has apparent value is stored for individuals to claim.
- The 72-hour notice is a standard of care established approximately 10 years ago when local municipalities were sued for removing property without providing reasonable notice (see 2 links below for information Re: a recent Fresno case). I’ve also attached a brief that explains the Lavan v. City of LA case, [CLICK BLUE LINK] which also informs the standard of care for removing abandoned property.
https://www.clearinghouse.net/detail.php?id=11218
- Essentially, the 72-hour notice provides enough time for the property to be considered abandoned and therefore the City can then lawfully dispose of any remaining items (except for those with apparent value).
- The City’s legal team is continuing to analyze the legal issues as it relates to proper notice timeframes, especially considering the dangerous fire conditions we are facing. This is an item that I will need to follow up on with you as our City Attorney needs additional time to conduct adequate legal analysis on this matter.
I intend to follow up with the City during the week of Aug. 13th to find out if the 72-hour notice can be shortened. JGN
Regrettably, this problem defies a quick and easy solution, because after being removed, the homeless return again and again. Our City laws (e.g., no one allowed on open space land after dusk) are ignored by those who choose to live and sleep outdoors.
Please note that your Neighborhood Association, the San Rafael Fire Department and Dominican University are sponsoring Katherine Randolph’s comprehensive “Fire in Marin” seminar on Sunday, August 26th, at Guzman Hall, Dominican University Campus, at 3:00 pm.
I can say with certainty that everyone living in the Dominican area, homeowners and renters, should attend if you have not already attended one of her seminars. Her videos are an eye-opener.
Please send any questions and comments to our website “Dominican Area News.”
Jack Nixon is President of The Dominican Black Canyon Neighborhood Association, former SR City Councilman, and former Foreman of the Marin Co. Civil Grand Jury.