Homelessness Frequently Asked Questions (FAQ)

State and Federal Regulatory Issues

1. How does the Supreme Court Grant's Pass ruling affect San Rafael's ability to start moving campers?

The City’s ability to enforce its current camping regulations at the Mahon Creek Area encampment (including Andersen Drive) is limited due to an ongoing federal lawsuit which is based on claims brought under the “state-created-danger” doctrine via the Fourteenth Amendment and under the Americans with Disabilities Act. The Grant’s Pass decision reversed the Ninth Circuit Court of Appeals’ ruling that Grants Pass violated the “cruel and unusual punishments” clause of the Eighth Amendment, when they prohibited camping on public property. The City was sued on the basis that implementation of our camping regulations constituted a “state created danger”, and since the Grants Pass decision was based on “cruel and unusual punishments” and not “state created danger” the Grant’s Pass decision does not provide the City with any immediate relief.

The City anticipates the lawsuit will be dismissed in the coming weeks. If/when the lawsuit is dismissed, the City’s plan is to begin implementing the existing camping regulations;  Ordinance (SRMC 19.50). However, the City still faces legal risk in doing so, and unfortunately it is probable that another lawsuit may be filed against the City. If this happens, a federal judge would consider whether or not to grant a temporary restraining order (TRO). If a TRO is ordered, then the City would be blocked from implementing its camping regulations and would not be able to move campers until the judge determines if they will take the case up or not. This process can take a matter of months as the City must conform our timeline based on the court’s calendar availability.

Outside of the Mahon Creek Area encampment, camping on City-owned public property is regulated by SRMC 19.50, which establishes campsite size maximums and setback requirements from other campsites, public utility infrastructure, private property lines, schools and playgrounds.

2. What does the Governor's Executive Order mean for encampments in San Rafael?

The Governor’s recent Executive Order instructs only State agencies to adopt policies that prioritize humane removal of encampments, including conducting site assessments, providing advance notice, offering outreach services, and personal property storage for at least 60 days. The order encourages local governments to follow these same guidelines which the City intends to do; however, due to the lawsuit we are still significantly constrained.

For San Rafael, the order encourages the City to do what it already is doing in regard to the humane removal of encampments. As discussed in the other FAQs, the City conducts regular camp site assessments to abate illegally constructed structures in the public right of way and City parks. Under this process and the City’s camping regulations, we provide advance notice and coordinate outreach services prior to dismantling structures. The City also provides for personal property storage for 90 days.

The City of San Rafael remains committed to finding solutions that honor the dignity of every person living in San Rafael, while at the same time preserving the accessibility and cleanliness of our shared public spaces something that is crucial for the well-being of everyone who calls our city home.

Local Legal and Regulatory Issues

1. What regulations can the City implement to address homelessness right now?

The City has the ability to prohibit camping at certain public properties, which currently include all City owned open space properties as well as Albert Park, Boyd Park, the Falkirk Cultural Center, City parking garages, and a portion of Lindaro Street.

Through on-going camp site inspections, the City also regularly enforces and abates illegally constructed structures in the public right of way and in City parks. To date, the City has successfully abated forty of these structures, resulting in the removal of over thirty tons of material from encampments in the last few months. The City recently noticed nine newly constructed structures along Andersen Drive that must be dismantled by July 31st. If the structures are not removed and replaced with a tent only, the City will seek an order to abate the structure via an administrative hearing scheduled for August 20th, which are being conducted by retired Superior Court judge Beverly Wood. This is a standard administrative process required under the City’s Municipal Code.

2. As a resident, I need to get city permits to build any structures and get fined if I don't. How come the same doesn't apply to the encampments?

There are similar local laws that regulate the illegal structures that are being built in homeless encampments on public property. The City conducts regular site assessments at the encampments to inspect illegally constructed structures. All illegal structures are noticed and abated through the City’s administrative process.

To date, the City has successfully abated forty structures, resulting in the removal of over thirty tons of material from encampments in the last few months. The City recently noticed nine newly constructed structures along Andersen Drive that must be dismantled by July 31st. If the structures are not removed and replaced with a tent only, the City will seek an order to abate the structure via an administrative hearing scheduled for August 20^th, which are being conducted by retired  Superior Court judge Beverly Wood.  The City will continue regular site inspections on an ongoing weekly basis.

3. How come the city doesn't just remove the trash and debris around the encampments?

The City does conduct bi-weekly clean-ups of the Mahon Creek Path area encampment (along Andersen Drive and the path). For the City to remove trash and debris, individuals experiencing homelessness must be present and not claim an item as their own personal property. If the City were to dispose of these items without consent, the City be sued, which would further exacerbate the already existing legal challenges facing the City.

The City cannot deprive someone of their personal property without providing “due process of law.”  One element of due process is adequate notice.  If an individual is present when debris removal/clean-up efforts are occurring, they can be given a choice of taking their personal belongings with them or abandoning them.  But if an individual is not present, case law requires that the City either post a notice on the site before disposing of the personal property or post the site with a notice that all property has been seized and stored so that the individual can retrieve the property within a reasonable time frame. The City provides for the storage of this property for up to 90 days, in accordance with the City’s guidelines for removal and storage of unattended personal property.

The accumulation of belongings can be a coping mechanism for some individuals with severe mental heath issues who are experiencing homelessness. The planned sanctioned camping site will have security personnel and weekday service provider support that will manage items brought into the camp. Participants residing in the camp will need to keep their belongings inside their tent and keep a clean communal area free of debris.

The City’s camping ordinance regulates campsite size maximums on public property in the City, in other areas of the City. Individuals can have a maximum of 200 sq ft for their belongings and camp site with up to four people have a maximum of 400 sq ft. Those individuals who do not abide by these regulations will be citied and required to clean-up their belongings to be contained in the legally defined space.

4. How are the encampments allowed to be near the creek, as aren't there environmental considerations?

In August 2023, the Federal 9^th Circuit District Court ruled that the City cannot enforce its camping ordinance regulations. This specifically limits the City’s ability to use the ordinance to regulate the encampment along the Mahon Creek Path and San Rafael Creek. If/when the lawsuit is dismissed, the City will be establishing a sanctioned camping site on the northern section of the path, which will include program operators, security, and regular waste pickup—all of which will help to limit any litter, debris, and/or waste entering the creek.

5. What is the latest news with the City’s camping ordinance?

The City provides updates by email in its homelessness e-newsletter, which you can sign up for on our Homelessness Department main page.

As of February 2024 – The City continues to work toward resolving the ongoing litigation regarding the City’s Ordinance 2030 – camping on public property. The City and the plaintiffs have been meeting regularly to discuss details related to the City’s implementation of its ordinance and other matters to resolve the case. While much of these discussions are confidential due to the ongoing case, the City can share that the discussions are productive and positive. 

6. How come the City won't just arrest people for camping?

Generally, camping on public property is currently allowed under the City’s Camping Ordinance.

Therefore, the City cannot arrest individuals for camping on public property. The City can under this ordinance require individuals to maintain their campsites in accordance with the Ordinance’s requirements and charge individuals with a criminal violation if their unlawful conduct is knowing or willful. This is the City’s last resort, as we focus on connecting people to services and support

The City may arrest an individual camping on public property if they are found to be engaging in criminal activity.

7. What is the role of the County to help San Rafael address encampments?

Marin County Health and Human Services (HHS) contracts with agencies to provide housing case management, operates the Coordinated Entry System, and delivers county-wide social services to the community. Additionally, Marin HHS has initiated a monthly Mahon Path Service Fair to bring various services on-site to the Mahon Path encampment. The County is a key leader in serving the homeless community and both agencies recognize the need for greater coordination and collaboration in this space. Recognizing this, the County has partnered with the City to implement the State Encampment Resolution Fund $6 million grant program in the Mahon Path Area encampment.

City Actions and Plans

1. What are the City’s next steps to address the impacts of the encampment in our downtown?

Once the sanctioned camping site is established along the northern section of the Mahon Creek Path, the City’s plan is to ban camping on the southern portion of the Mahon Creek Path (between Lincoln and Andersen). This sanctioned camping site will be staffed with 24/7 security personnel and weekday service provider support staff that includes three full-time housing case managers and an outreach worker, which will mitigate the negative impacts the community is currently experiencing with the unregulated encampments.

In addition, the City has partnered with the County of Marin to jointly fund a new dedicated Case Manager for the Mahon Creek Path in addition to the three contemplated for the sanctioned camping site. This is funded through an Encampment Resolution Fund (Round 2) grant as well as a State appropriation of $1M earmarked for the City and County’s joint response to homelessness in San Rafael.

This program aims to bring greater stability and order to the surrounding area, particularly for the immediately adjacent business owners. Additionally, by banning camping on the southern portion of the Mahon Creek path, that segment will become accessible to members of the public.

Additionally, City staff will be presenting a comprehensive update the community and the City Council at its regularly scheduled meeting August 19^th. You can come to City Hall at 6pm to participate or you can watch the City Council meeting here.

2. Why did the City select the Mahon Creek path for the Sanctioned Camping Area? Can you pick another site?

Individuals experiencing homelessness have been camping in this area in recent years. When the City banned camping at Albert Park, members of that encampment relocated to the Mahon Creek Area, including a portion of Lindaro Street. In December of last year, the City then banned camping along Lindaro Street, resulting in more individuals moving to the nearby Mahon Creek Path and along Andersen Drive. In addition to individuals being already located in the Mahon Creek Area encampment, the City is pursuing the sanctioned camping area along the northern section of the Mahon Creek Path for the following reasons:

1. The $6 million Encampment Resolution Fund grant the City and County of Marin received requires that the funds are used to provide alternative shelter in the general proximity of the existing unsanctioned Mahon Creek Path area encampment.  Given this, the City’s ability to establish the sanctioned camping site is constrained. The goal of this sanctioned camping program is to provide more dedicated services and support for each individual on their path to housing, and to have them moved into interim/transitional housing, or permanent supportive housing, as soon as those units become available. It is a temporary program.
2. The City does not own land elsewhere that is suitable for this type of program, and the City’s diligent year long search for a privately property alternative location for interim/transitional housing sites did not yield results.
3. Service providers recommend that the City provide a site that individuals can walk to access services and food, and to provide a location that reduces disruption to those currently camping in the area.

3. What is the City doing to help the unhoused individuals living on our streets?

The City is establishing a sanctioned camping site along the northern portion of the Mahon Creek Path (between Francisco Blvd. W and Lincoln). In addition, the City has closely partnered with the County of Marin and local non-profit service providers to coordinate outreach services to individuals residing in encampments, particularly in the Mahon Creek Area encampment through regular service fairs.

Like all California communities of its size, San Rafael must apply its limited resources and leverage intergovernmental and community partnerships to create housing that supports our residents with the fewest options.  The City simultaneously addresses today’s challenge of homelessness on our streets, while supporting the County of Marin’s system of care in developing medium- and long-term support to end homelessness.

Some of the City’s current initiatives of support include:

• SAFE team:  The City has contracted with Petaluma People Services Center to provide an mobile crisis response pilot called “SAFE” (Specialized Assistance For Everyone). The SAFE Team consists of an Emergency Medical Technician and a Crisis Intervention Specialist. Services provided by SAFE include responding to people who are under the influence of drugs or alcohol, in need of treatment for mental illness, or who need shelter by providing counseling and transportation to the appropriately staffed location.  SAFE serves all San Rafael residents in crisis, and approximately 65% of its calls are for direct support of individuals experiencing homelessness.
• Housing-Based Case Management: In late fall of 2022, the City of San Rafael received a California State grant called the Encampment Resolution Fund. The city used this grant to contract with St. Vincent de Paul Society of Marin for one housing case manager to provide service to 17 San Rafael residents formerly staying at the City’s Service Support Area program in 2021-22. As of March 2024, 12 of the 17 individuals have moved into permanent housing, and the other individuals are on a pathway to housing.

4. The homeless cause a health and safety risk to the community. How will you protect the kids who ride/walk to school?

The City prioritizes the safety and well-being of all its residents. The City is in collaboration with the San Rafael City School Districtl, explaining to parents the constraints of the lawsuit and offering solutions, including hiring security guards, to help increase feelings of safety for children walking to school. The City also took action to ban camping along a portion of Lindaro Street, between Andersen and Jordan. The implementation of a sanctioned camping site on the northern section of the Mahon Creek Path will close the area to the public and have 24/7 on-site security personnel. While camping along the southern section of the Mahon Creek Path will be banned.

The City takes additional measures for health and safety including maintaining regular trash pickups, through the Downtown Streets Team and the City’s trash hauling contractor. The San Rafael Specialized Assistance For Everyone (SAFE) Team, a crisis mobile mental health provider, is available from 8 a.m. – 8 p.m. each day to respond to calls for service involving mental health and substance use crisis as well via 415-458-SAFE (7233).

5. The reason businesses leave San Rafael is because the City can’t deal with the homeless.

The City recognizes negative impacts associated with homeless encampments in urban areas can affect the well-being and cohesion of our entire community, including those who are currently unhoused. The City works closely with the Chamber of Commerce and local businesses who struggle with these impacts. With partnerships and policies aimed at creating affordable and permanent supportive housing, shelter, and orderly and safe campsites, the City has made ending homelessness a top priority.

This is not a problem the City can solve by itself. The City is working in partnership with the County of Marin, and our non-profit service providers, to identify strategies and avenues to add much needed additional shelter beds, to immediately house or provide shelter to individuals experiencing homelessness as well as address ongoing street conditions.

Services and Support

1. What is a Case Worker/Manager?

A case worker or case manager provides support and assistance to individuals or families. The services provided could include coaching, referrals to resources or agencies, assistance with scheduling appointments and providing transportation. Case management often begins with an assessment of a participant’s background and barriers to the resources they need, such as stable housing, income and benefits, life skills, medical and mental health services.  

2. What is a Housing Case Manager?

A housing case manager works with participants that are either currently unhoused, require support to maintain stable housing, or at risk of losing their housing. The housing case manager uses skills and experience to connect and match participants to permanent housing that will be affordable and supportive to their needs. This often involves professional-level service coordination after assessment and enrollment into a housing program for the eligible individual or family. 

3. How can people experiencing homelessness be assessed for housing assistance?

The Marin Homeless Continuum of Care (CoC) has launched a Coordinated Entry System (CES) to ensure that people experiencing homelessness receive the best services to meet their housing and/or service needs.

Our Coordinated Entry System is designed to serve individuals and families in Marin County who are experiencing homelessness including those who are: Unsheltered (e.g., living outside, in a car, on the streets, or in an encampment), Sheltered (e.g., in emergency shelter or transitional housing), or Fleeing Domestic Violence (persons fleeing DV are also encouraged to call Center for Domestic Peace Domestic Violence Hotline: 415.924.6616 (English) or 415.924.3456 (Spanish)

Contact the Marin Coordinated Entry Provider at CE@marincounty.org

Individuals: Call the Coordinated Entry Line at:

(415) 473-HOME (4663), Monday through Friday, 8:30 AM to 4:30 PM

Families: Call Homeward Bound of Marin at:

(415) 457-2115, Monday through Sunday,  9:00 AM to 5:00 PM

Requests for ADA assistance may be made by calling (415) 473-4381, (415) 473-3232 (TTY),

or 711 for the California Relay Service or E-Mailing DisabilityAccess@MarinCounty.org

https://www.marinhousing.org/marin-county-homeless-coordinated-entry-system

4. What resources has San Rafael used to help individuals that are experiencing homelessness find permanent housing?

San Rafael continues to be a countywide leader in the development of new housing options for people experiencing homelessness. This includes:  

• City Council allocated $1.3M in Affordable Housing Trust Fund dollars to support the redevelopment of 3301 Kerner Boulevard, a former County office building, as permanent supportive housing.  The project received major support from Marin County and  through the State’s Project Homekey initiative, and will open in early 2025. (which will create 43 units of permanent supportive housing)  
• The City used $1.1M in Affordable Housing Trust Fund dollars to help to create 32 units of permanent supportive housing at Jonathan’s Place, with project sponsor Homeward Bound of Marin.  The project opened in August 2022. 
• The City received an Encampment Resolution Funding grant in funding round 1,to contract for housing case management to individuals in San Rafael encampments over two years. As of March 2024, 12 of the 17 individuals have moved into permanent housing, and the other individuals are on a pathway to housing.
• The City used American Rescue Plan dollars to fund a high-utilizer case management program, to serve individuals experiencing homelessness and frequently using emergency services.  This program provides case management through the Downtown Streets Team to 17 currently homeless San Rafael residents. 

Community Questions

1. If we create an attractive environment for people experiencing homelessness, won't we attract more people to San Rafael?

Not necessarily; the majority of individuals experiencing homelessness in San Rafael were previously housed in San Rafael. In December 2023, the City and its nonprofit service provider partners surveyed Mahon Creek area encampments and found that nearly 90% of the individuals had been in San Rafael for over a year, and two-thirds for more than a decade. Marin County’s 2022 Homeless Point-in-Time Count reported that 78% of homeless individuals were previously housed in Marin.

2. Why is the majority of the homeless population in San Rafael. What are other towns in Marin doing that they do not have people experiencing homelessness?

The City of San Rafael is home to most of the County’s governmental and non-profit social service providers and available shelter beds. This means that individuals experiencing homelessness visit or reside in San Rafael because they can walk to access food, healthcare, and other support services.

While San Rafael has the majority of the County’s homelessness population; Novato, Sausalito and unincorporated areas of Marin County, also have a large homeless population. Other cities like Mill Valley, Larkspur, and Fairfax also have smaller homeless populations, according to the 2022 Point-in-Time Count.

Homelessness is a complex issue that requires multi-agency collaboration. Recognizing this, the City is working with the County of Marin to develop a formal partnership to enhance the local response to homelessness and to plan the implementation of the Encampment Resolution Fund-3 grant. The partnership, which can serve as a framework for future regional partnerships with other Marin cities and towns, aims to develop policies and programs, improve stakeholder engagement, and propose projects for County Board of Supervisors and City Council consideration.

3. Why don’t the homeless accept help?

Reasons for an individual not accepting help can vary. Some may have had negative experiences with other government agencies or systems, and mental health or substance use issues can also present challenges to accepting assistance. The City continues to offer connections to services, while City staff work to build trust to encourage the acceptance of available resources.

4. I’ve heard most homeless people aren’t from Marin, is that true?

Individuals living in encampments are overwhelmingly long-term residents of the City of San Rafael.

The City of San Rafael and its nonprofit partners serving homeless individuals recently conducted a survey in the City’s major encampments asking this question among others.  Almost 90% of individuals staying in the encampments have been in San Rafael for more than one year, and almost two-thirds have been in San Rafael for more than a decade.  Many individuals camping in the City grew up here, attended San Rafael schools, and hope to find permanent affordable housing in this community. 

According to the 2022 Homeless Point-in-Time Count, a bi-annual field study of local homelessness, 78% of all people currently experiencing homelessness across Marin report living in Marin prior to losing their housing. Across the nine Bay Area counties, 70-85% of people experiencing homelessness in a given county also lost their housing in that county. Homelessness is a local issue, impacting all communities due to the regional affordable housing crisis.  

Are most of Marin County’s homeless people in San Rafael? According to the 2022 Homeless Point-in-Time Count, 773 of the 1,121 people experiencing homelessness in Marin County (69%) were located OUTSIDE of San Rafael, compared to 348 (31%) staying inside San Rafael. 

5. How many people are homeless in Marin?

The most recent Point–In-Time Count(a bi-annual field study of local homelessness) was conducted in 2022, finding 1,121 total persons experiencing homelessness in Marin County. Of the total homeless count population, 74% were unsheltered and 26% were sheltered, either in emergency shelter or transitional housing units. The number of those experiencing unsheltered homelessness increased in all regions of the county except for West Marin.  The results of the January 2024 PIT count are expected to be released in the coming months.

Last updated on July 31, 2024