Case 4:23-cv-01063-YGR Document 12-5 Filed 03/14/23 Page 1 of 24

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

CITY OF SAN RAFAEL, SAN RAFAEL
14 POLICE DEPARTMENT, CHRIS HESS, JIM
15 SCHUTZ, DAVID SPILLER

16
17
UNITED STATES DISTRICT COURT
18
FOR THE NORTHERN DISTRICT OF CALIFORNIA
19
OAKLAND DIVISION
20
21 DEANNA HUGHES, et al. Case No. 4:23-cv-01063-YGR

22 DECLARATION OF LYNN
Plaintiffs, MURPHY IN RESPONSE TO
23 ORDER TO SHOW CAUSE
v.
24 Date: March 20, 2023
CITY OF SAN RAFAEL, et al. Time: 1:00 p.m.
25 Courtroom: 1

26 Hon. Yvonne Gonzalez Rogers

Defendants.
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DECLARATION OF LYNN MURPHY RE OSC

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1 I, Lynn Murphy, declare:

2 1. I am, and at all times relevant to this matter have been, an employee of the City

3 of San Rafael (City) and a California Licensed Marriage and Family Therapist. I have
4 personal knowledge of the facts stated in this declaration and, if called as a witness, could and
5 would testify competently thereto.
6 2. Since September 2013 I have been employed by the City as the San Rafael Police
7 Department’s Mental Health Liaison. In that position, my role is to serve as a liaison between the
8 City’s homeless population, social service providers, law enforcement agencies, and the
9 community at large. I am called upon to provide direct crisis intervention and case management
10 services to homeless individuals, provide counseling to homeless individuals, assess, develop
11 and implement intervention plans, and respond to emergency call-outs from operations personnel
12 to provide services. I identify the most vulnerable individuals in the homeless community and try
13 to connect them to the relevant community resources, including housing, case management,
14 medical care, psychiatric care, and/or substance use treatment.
15 3. On February 21, 2023—not March 2 as alleged in the Complaint—the San
16 Rafael police department began providing notice to occupants at campsites at Albert Park that
17 the campsites needed to be cleared by March 13, 2023. This date was selected to allow time to
18 clean the Park prior to March 18, 2023. Further notices were provided as described further in the
19 declaration of Carl Huber. I was aware of these postings in my role of providing outreach
20 services to the individuals camping at Albert Park.
21 4. At the same time, and since, I have engaged in daily outreach with homeless
22 persons camped at Albert Park to connect them with available shelter and temporary storage for
23 their belongings.
24 5. Unfortunately, in response to the notices that existing campsites would be closed,
25 additional persons began to arrive and set up new campsites.
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DECLARATION OF LYNN MURPHY RE OSC

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1 6. With respect to the named plaintiffs and others who submitted declarations in
2 support of their motion:
3 a. Deanna Hughes is an individual experiencing homelessness who has been living
4 in San Rafael for only a few weeks, and began camping at Albert Park on February 20. She
5 describes herself as a homeless advocate. I offered her a shelter bed at Jonathan’s Place in San
6 Rafael, which provides housing focused shelter designed to move individuals into permanent
7 supportive housing. She declined to take that bed, saying she wanted to give the bed to someone
8 else.
9 b. Gerald Kinsel is an individual experiencing homelessness, but is not camping at
10 Albert Park.
11 c. Christine Coates is an individual experiencing homelessness who began
12 camping at Albert Park on February 9, 2023. On February 14, 2023, I offered her a shelter bed at
13 Jonathan’s Place in San Rafael to begin on February 15. She accepted that offer, but then missed
14 her intake appointment. She was offered an additional bed on February 20, March 7, and March
15 9, but did not go to her intake appointments.
16 d. Kachina Moncrief is an individual experiencing homelessness who began
17 camping at Albert Park since before February 21. I offered her a shelter bed at Jonathan’s Place
18 in San Rafael. She accepted that offer, but the day she was supposed to move to the shelter she
19 refused.
20 e. Jerome Wade is an individual experiencing homelessness. His declaration says
21 he started camping at Albert Park four days ago.
22 f. Floyd Barrow is an individual experiencing homelessness who has been
23 camping at Albert Park since approximately January. He moved out of the Park, and then moved
24 back within the last 2-3 weeks.
25 g. James Richards and Michelle Manuel do not live at the Park as far as I know,
26 and I have had no contact with any individuals by those names. Based on Michelle Manuel’s
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DECLARATION OF LYNN MURPHY RE OSC

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declaration, she may be a person who introduced themselves to me as "Snow" who started
2 camping at the Park after the closure notices.
3 7. On March 8, 2023 and March 9, 2023, I offered all persons I found encamped at
4 Albert Park a bed and warm meal at the Severe Weather Emergency Shelter (SWES) at 3240
5 Kerner Boulevard. None of the people I spoke with agreed to move to that shelter.
6 8. On Monday, May 13, 2023, I went to the park to inform campers and others
7 experiencing homelessness there that the SWES would be open that night and the next night
8 (3/14/2023). I spoke to six people on Monday, and one person said that he was interested. The
9 other five were not. I reached out to the CARE Team to have their van come to the park for a
IO pickup of the one person wanting to go. I had no one else express an interest in going to SWES.
II 9. Today I confirmed that the one person who expressed interest in going to SWES
12 did go. He was back in the park today due to the SWES closing during business hours. He said
13 he would go back tonight. I was in the park during a severe downpour today, and very few
14 people were outside of their tents. I told a handful of people about SWES but no new people
15 wanted to go.
16 10. Attached as Exhibit A are photographs that I took on March 14, 2023 showing
17 the camping sites at Albert Park.
18 I declare under penalty of perjury under the laws of the United States of America that the
19 foregoing is true and correct. Executed this 14th day of March, 2023, in San Rafael,
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DECLARATIONOFLYNN MURPHYRE OSC
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EXHIBIT A
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