Case 4:23-cv-01063-YGR Document 12-4 Filed 03/14/23 Page 1 of 2

1 MICHAEL VON LOEWENFELDT (178665)

mvl@wvbrlaw.com
2 MARIA V. RADWICK (253780)
3 radwick@wvbrlaw.com
WAGSTAFFE, VON LOEWENFELDT,
4 BUSCH & RADWICK LLP
100 Pine Street, Suite 2250
5 San Francisco, CA 94111
6 Telephone: (415) 357-8900
Fax: (415) 357-8910
7
ROBERT F. EPSTEIN (154373)
8 rob.epstein@cityofsanrafael.org
9 City Attorney
City of San Rafael
10 1400 Fifth Avenue
San Rafael, CA 94901
11 Telephone: (415) 485-3080
12 Fax: (415) 485-3109

13
Attorneys for Defendants
14 CITY OF SAN RAFAEL, SAN RAFAEL
15 POLICE DEPARTMENT, CHRIS HESS, JIM
SCHUTZ, DAVID SPILLER
16
17 UNITED STATES DISTRICT COURT

18 FOR THE NORTHERN DISTRICT OF CALIFORNIA

19 OAKLAND DIVISION

20
DEANNA HUGHES, et al. Case No. 4:23-cv-01063-YGR
21
DECLARATION OF RYAN
Plaintiffs, MONTES IN RESPONSE TO
22
ORDER TO SHOW CAUSE
23 v.
Date: March 20, 2023
24 CITY OF SAN RAFAEL, et al. Time: 1:00 p.m.
Courtroom: 1
25
Hon. Yvonne Gonzalez Rogers
26 Defendants.

27
28

DECLARATION OF RYAN MONTES RE OSC

 Case 4:23-cv-01063-YGR Document 12-4 Filed 03/14/23 Page 2 of 2

1 I, Ryan Montes, declare:

2 1. I am the Operations and Maintenance Manager for the City of San Rafael

3 (City) Department of Public Works (DPW). I have personal knowledge of the facts stated in

4 this declaration and, if called as a witness, could and would testify competently thereto.

5 2. As Operations and Maintenance Manager, I oversee the four Department of

6 Public Works maintenance divisions including Streets, Parks, Facilities and Vehicle
7 Maintenance. The four Department of Public Works Maintenance Divisions are responsible for
8 maintaining the City's Right of Way assets, Parks and Faciltiy Grounds, Buildings, and the
9 City's fleet.
10 3. In the perfonnance of my duties, I have become aware of the conditions at Albert
11 Park caused by encampments, and the increased workload placed on DPW. Prior to the camping
12 by unhoused persons at Albert Park, one DPW employee spent 30-45 minutes on average
13 cleaning the Park each week. That workload has increased steadily since camping began.
14 Currently, DPW's entire Parks work crew (10 people) have to spend 2 hours a week clearing and
15 cleaning the area of debris and waste, often with the assistance of San Rafael police officers.
16 4. The amount of debris removed from the park on a weekly basis has increased
17 from 1-2 garbage cans worth per week to 1-2 truckloads as a result of the camping.
18 5. There has been in increase in feces found behind shrubbery around the area, and
19 the smell of urine penneates certain areas around the community center.
20 6. DPW workers have also discovered break-ins into the baseball dugout, a storage
21 room under the grandstands, as well as into out-building used by the Pacifies, San Rafael's
22 independent minor league baseball team.
23 I declare under penalty of perjury under the laws of the United States of America that the
24 foregoing is true and correct. Executed this I4'" da~ ,~ Rafae~ California.
25

26 ANMONTES
27

28
- I-

DECLARATION OF RYAN MONTES RE OSC