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? (Updated)

The City’s ability to enforce its current camping regulations at the Mahon Creek Area encampment (including Andersen Drive) was limited due to an ongoing federal lawsuit which was 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 a “state created danger,” the Grant’s Pass decision did not provide the City with any immediate relief.

In August 2024, the court granted the City’s motion to dismiss the Boyd case and upheld the City’s amendments to its camping ordinance, allowing the ordinance's implementation (SRMC 19.50).

However, the City still faces legal risks in implementing the new camping regulations; unfortunately, another lawsuit may be filed against the City. If this happens, a federal judge may consider whether or not to grant a temporary restraining order (TRO). If a TRO is ordered, 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 only instructs State agencies to adopt policies that prioritize the 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 guidelines, which the City intends to do.

For San Rafael, the order encourages the City to continue its practice of humanely removing encampments. As discussed in the other FAQs, the City conducts regular campsite 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 before 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 preserving the accessibility and cleanliness of our shared public spaces, which 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? (Updated)

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

Through ongoing campsite inspections, the City also regularly enforces and abates illegally constructed structures in the public right of way and City parks. To date, the City has successfully abated forty of these structures, removing 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, conducted by retired Superior Court judge Beverly Wood. This is a standard administrative process required under the City’s Municipal Code.

In addition, with the dismissal of the Boyd lawsuit and the recent Supreme Court decision in Grant v. Johnson, the City is now able to implement additional regulations to address homelessness.

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? (Updated)

The City’s amended camping ordinance, effective October 4, 2024, prohibits unpermitted structures and building materials. The following prohibition can be found in the San Rafael Municipal Code Section 19.50.040, “No person shall occupy, construct, or erect on public property, or affix or tie to public or private property, any building, shed, shack, fence, or other structure made of building material, or store any building material on public property for camping.” Unpermitted structures and building materials can be enforced within 48 hours of notice. This enforcement timeframe was also updated with the new ordinance amendments.

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

The City conducts 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 personal property. If the City were to dispose of these items without consent, the City may be sued, further exacerbating 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 occur, they can choose to take their personal belongings with them or abandon 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 the removal and storage of unattended personal property.

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

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

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

In August 2023, the Federal 9^th Circuit District Court ruled that the City cannot enforce its camping ordinance regulations. This limited the City’s ability to use the ordinance to regulate the encampment along the Mahon Creek Path and San Rafael Creek.

In August 2024, the court granted the City’s motion to dismiss the Boyd lawsuit. The City has established a sanctioned camping site on the northern section of the path, which includes program operators, security, and regular waste pickup—all of which will help to limit litter, debris, and/or waste entering the creek.

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

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 October 4, 2024, the City has begun implementing its camping ordinance since the dismissal of the Boyd lawsuit and the Supreme Court’s decision on Grants Pass v. Johnson. You can find more information about the ordinance on our website.

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. However, under this ordinance, the city can 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? (Updated)

The sanctioned camping area has been established along the northern section of the Mahon Creek Path, and camping on the Southern portion (between Lincoln and Andersen) has been banned. The sanctioned camping site is 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 supported through an Encampment Resolution Fund (Round 2) grant and 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, banning camping on the southern portion of the Mahon Creek path will make that segment accessible to members of the public.

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 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:

The $6 million Encampment Resolution Fund grant the City and County of Marin received requires the funds 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 a 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.
The City does not own land elsewhere suitable for this type of program, and its diligent year-long search for an alternative location for interim/transitional housing sites did not yield results.
Service providers recommend that the City provide a site where 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? (Updated)

The City has established 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 Californian 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 a mobile crisis response pilot called “SAFE” (Specialized Assistance For Everyone). The SAFE Team comprises 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 the 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 others 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? (Updated)

The City prioritizes the safety and well-being of all its residents. The City banned camping along a portion of Lindaro Street between Andersen and Jordan. Implementing 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. 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 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 alone. 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, immediately house or provide shelter to individuals experiencing homelessness, and 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 2024 Homeless Point-in-Time Count reported that 62% 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? (Updated)

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 homeless population, Novato, Sausalito, and unincorporated areas of Marin County also have a large homeless population. According to the 2024 Point-in-Time Count, other cities like Mill Valley, Larkspur, and Fairfax also have smaller homeless populations.

According to the 2024 Homeless Point-in-Time Count, 764 of the 1,090 people experiencing homelessness in Marin County (70%) were located OUTSIDE of San Rafael, compared to 326 (30%) staying inside San Rafael.

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 the County Board of Supervisors and City Council consideration.

3. Why don’t the homeless accept help?

Individuals' reasons for 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? (Updated)

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 2024 Homeless Point-in-Time Count, a bi-annual field study of local homelessness, 62% of all people currently experiencing homelessness across Marin report living in Marin before 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 that impacts all communities due to the regional affordable housing crisis.

5. How many people are homeless in Marin? (Updated)

The most recent Point-In-Time Count (a bi-annual field study of local homelessness) was conducted in 2024, finding 1,090 total persons experiencing homelessness in Marin County. Of the total homeless count population, 72% were unsheltered, and 28% were sheltered, either in emergency shelters or transitional housing units.

How to Help

1. How Can You help?

The best way to assist people experiencing homelessness in Marin is to donate or volunteer directly through social service agencies and community groups working with our community.

Homeward Bound Marin–In addition to being Marin’s primary emergency shelter provider, Homeward Bound also operates 353 units of supportive housing, provides medical respite care, and provides job training opportunities. 
St Vincent de Paul Society of Marin–In Marin since 1946, St. Vincent’s provides a free dining room that serves 200,000 warm meals every year, and provides housing assistance through its Housing Help Desk. St. Vincent’s provides support in a crisis through its Housing Outreach Team, as well as ongoing case management. 
Downtown Streets Team–Downtown Streets Team is a work experience program that provides volunteer opportunities for men and women experiencing homelessness. 
Ritter Center–The Ritter Center is Marin’s primary healthcare provider for people experiencing homelessness. 
Adopt A Family Marin–Adopt A Family of Marin works to prevent homelessness and provide stability for Marin families in need. 
Community Action Marin – The Community Alternative Response & Engagement (CARE) homeless outreach teams offer vital support and assistance to unhoused people throughout Marin County. Peer case managers build trust through wellness checks and providing basic needs items or transportation to medical centers.

2. Homelessness Resources

The City of San Rafael remains committed to protecting the health and safety of community members and employees, while also striving to deliver public services to the greatest extent possible. The City does not directly provide homeless services or programming, but we partner closely with the County of Marin and local service providers to ensure that people experiencing homelessness have access to the resources they need.

Find information about our Community Partners.

For the latest updates on services available to our community through the County of Marin

1. What happens to the people not in the sanctioned camp?

All individuals eligible for services through the ERF-3 grant will receive rapid rehousing support, outreach, or housing-based case management services based on their needs and identified permanent housing destinations. Eligible individuals not participating in the sanctioned camp will continue to be outreached and offered these grant-funded services. Individuals camping on the southern portion of the Mahon Path and on Andersen Drive between Irwin and Rice, who are either ineligible for or choose not to participate in the sanctioned camp, will be required to relocate from these areas. Those camping on Andersen Drive between Lindaro and Irwin, who are ineligible for or choose not to participate in the sanctioned camp, must ensure their campsites comply with city ordinances if they choose to remain in that location. All individuals who are experiencing homeless will continue to be referred into the Countywide Coordinated Entry program where they will be assessed and matched with appropriate services. Outreach teams will continue to work with individuals homeless in San Rafael no matter where they reside.

2. Those who aren't participating in the site will be displaced back into the community. What are the city's plan and available resources to address the impact of those whom the new campsite won't accommodate?

Under the City’s Camping Ordinance, camping is prohibited in open space properties, within 100 feet of playgrounds, and within 250 ft of schools, and at Albert Park, Boyd Park, a portion of Lindaro Street, and the southern portion of the Mahon Creek Path. Camping is allowed so long as individuals are complying with the camping ordinance—if you see someone camping who you do not believe is complying with the ordinance, please email EndHomelessness@cityofsanrafael.org and we’ll send our outreach team to connect with the individual and to work with them to come into compliance.

3. What plans does the City have to close the camp at the end of the 12-18 month period?

The City and County’s ERF grant contemplates the development of an interim shelter or tiny home project. Once the Sanctioned Camping Area is up and running, City and County staff will continue to search for a viable site for this project to take place. This “second phase” of the project would be estimated to take place for the remaining 18 months of the ERF grant period and any remaining individuals in the Sanctioned Camping Area would be transferred to this new site.

4. Where can the public see the code of conduct? Who will be responsible for enforcing it and how will they enforce it?

The Code of Conduct is available to view on the City’s Sanctioned Camping Website. The program management provider of the sanctioned camping area will be regularly reminding camp participants of these regulations and working with participants to comply with the rules. Criminal offenses will be reported to the San Rafael Police Department.

5.How will the no-visitor policy be enforced?

The project’s security contractor, Defense Block Security, will be checking in all participants who are enrolled in the Sanctioned Camping Area at the entrance gate. Approved service providers, health care professionals, City of San Rafael, and County of Marin staff are allowed to visit the site.

6. How will the city ensure that garbage bins are emptied on a timely basis, and not overflow?

The project's program management contractor, FS Global, will be ensuring garbage bins are not overflowing and that they are regularly serviced by Marin Sanitary Service.

7. What mechanism has the city set up to receive and address complaints from the public about the camp?

If members of the public have concerns regarding the sanctioned camping area, they can submit them online at the Sanctioned Camping Program’s website. Our team will review them and will be in contact regarding the situation and any anticipated next steps.

8. What is the city doing to protect Mahon Creek and the Bay from debris and effluent from the camp?

Over the last year, the City has provided trash pickup and debris removal services in the Mahon Creek Area encampment to limit the amount of debris near the creek. In December 2023, the City also prohibited camping on a portion of Lindaro Street that lacks a fence separating public property from the creek, aiming to protect environmental and public health. With the establishment of the sanctioned camping area, the fence height has been raised from three to eight feet to enhance security and prevent trash from reaching Mahon Creek. Program management staff will also conduct regular cleanups on the creek-side of the fence as needed.

9. Why are funds being used for a temporary sanctioned encampment that will be dismantled instead of shelter space that can be used permanently? Isn't that wasteful?

There is no available, on-going stream of funding to support the establishment of additional shelter space in Marin County at this time. The ERF Grant presented an opportunity to quickly establish a safe sleeping area bring greater stability to the greater Mahon Creek Path area, and ultimately resolve the unsanctioned encampment. Furthermore, this model has proven successful for the City, as the Services Support Area (SSA) was able to successfully permanently house over 70% of its participants. The City hopes to achieve similar results with the Sanctioned Camping Area.

10. Does the grant define the required distance for "proximity to services" or how was that determined?

No, but for the City and County’s purposes, walkability to a service provider was considered. The Sanctioned Camping Area is a few blocks from a number of service providers located in the downtown.

11. As people from the sanctioned encampment are rehoused, will the vacant sites be open to new applicants?

The purpose of the Encampment Resolution Grant is to serve a set of individuals experiencing homelessness in a specific geographic area and provide services that assist them in securing permanent housing. The service area for the ERF-3 grant is the Mahon Path Area Encampment, which includes individuals who were camping along the Mahon Path and parts of Andersen Drive. Depending on how long the initial group of participants remains in the Sanctioned Camp program before obtaining permanent housing, there may be opportunities for additional individuals to move into the site as space becomes available. However, this will not involve an application process; instead, the County of Marin and the City of San Rafael will outreach to known individuals based on verification from community partners regarding their presence camping in the surrounding area of the Mahon Path.

12. Can the city get more housing vouchers for homeless residents?

In a manner of speaking, yes. The Marin Housing Authority allows the County to refer 50 individuals per year to the Section 8 waiting list. To be eligible for referral, individuals must be assigned a Housing-based case manager and complete all required Section 8 paperwork and eligibility criteria. By receiving funding for Housing based Case Managers under ERF – individuals at Mahone Path will be assigned a Case manager – who might not have previously had access to that limited resource.

13. Why can't the city lease the empty lot at Lindaro St between 2nd and 3rd from BioMarin for the temporary encampment?

Over the last year, the City has explored many different publicly and privately owned properties throughout the City to house this sanctioned camping area. Unfortunately, these efforts have yet to yield an alternative site.

14. How are encampments affecting local businesses and the community as a whole? What measures are being taken to enhance security for businesses in this area?

We recognize that unregulated encampments can have negative impacts on the surrounding community, for both residents and businesses. The City works closely with the Chamber of Commerce to share information, connect with business owners about their specific concerns, and to find ways to resolve any ongoing issues. The City has provided grants to local businesses to address related illegal dumping issues on their property. Information on this grant program can be found on the City's webpage.

15. What measures are being taken to ensure the safety of children near encampments located close to middle schools and businesses, especially given reports of illegal activities?

The City’s ordinance regulating camping on public property (SRMC 19.50) prohibits camping within 250 feet of schools and within 10 feet of private property lines. Under the Ordinance, the City has the ability and will require any individual who is camping within these setbacks to move.

16. What resources are available for homeless residents for trauma treatment? (County)

The County operates a robust system of care for those most in need including specialized staff in social services, public health and behavioral health and recovery services who serve homeless individuals. The State has provided new and unparalleled investments in treatment and housing and set ambitious goals for reducing homelessness. Additionally, with the transformation of MediCal in California, more people are eligible, and more services are offered to ensure priority populations, like the homeless see connections to housing and improved health.

17.With Mahon Creek path closed, there are no safe alternatives. Routing children along the sidewalk on 2nd street, the busiest street with the highest speeds in San Rafael, would invite tragedy. What is your plan to increase connectivity for kids traveling through the area and across San Rafael?

- The Mahon Creek Path was not recommended for student use on the Safe Routes to School map even before the encampment issues arose and is not recommended today. The City recognizes the importance of ensuring safe connectivity for children and will continue to work closely with the school district to explore alternative routes. We are committed to addressing safety concerns and improving access for students traveling through this area and across San Rafael.

1. Are there any plans to prohibit camping at City Hall?

The City’s ordinance on camping on public property, SRMC 19.50, establishes regulations for individuals lacking adequate alternative shelter to camp in public areas. Recent amendments to the camping ordinance introduce setback and clearance requirements. Campsites must be at least 10 feet apart, at least 5 feet from roadway pavement, and are limited to a maximum size of 200 square feet for single individuals and 400 square feet for groups of two to four individuals camping together. Individuals camping near City Hall are allowed to do so, provided they adhere to the camping ordinance requirements, which include not obstructing access to public entrances, sidewalks, or infrastructure.

2. What is the City doing to address the encampments along Andersen Drive? What will the City do to ensure encampments do not continue to grow.

Based on the City’s amended camping ordinance, all campsites along Andersen Drive between Rice and Irwin were not able to come into compliance with the ordinance’s setback requirements from the roadway and private property. Due to this, the individuals relocated from the area and this location is now closed to camping.

Individuals remain allowed to camp on Andersen Drive between Lindaro and Irwin, and must comply with the camping ordinance’s setback and clearance requirements. This includes campsites being 10 feet from private property and other campsites, as well as at least 5 feet from the roadway. These sites were brought into compliance on Friday, October 11, and the City will engage in a regular cadence of encampment monitoring to ensure individuals continue to comply with the City’s camping ordinance.

3. What is the contact information for city staff tasked with enforcement of the ordinance?

Questions or concerns regarding the enforcement of the camping ordinance can be directed to EndHomelessness@cityofsanrafael.org.

4. The previous San Rafael camping ordinance prohibited new campers from the Mahon Creek path area, but the population has grown. Why is that?

In August 2023, the Federal 9th Circuit District Court ruled that the City cannot enforce its camping ordinance regulations. This specifically limited the City’s ability to use the ordinance to regulate the encampment along the Mahon Creek Path and San Rafael Creek. This lawsuit was dismissed in August 2024, meaning that for a year the City’s ability to implement and enforce its camping ordinance was significantly hampered. With the lawsuit lifted, we now have the ability to enforce our local ordinance.

5. What is the status of the new lawsuit regarding camping at the library?

The lawsuit has been dismissed and the individual has relocated from the front of the Library.

6. Given that Peacock Gap Park has been designated as an area where homeless cannot camp, why is the SRCC reserving the right to place homeless people on the berm containing the storm water pump on Point San Pedro road (also designated as a public park) and have they performed ANY analysis on the impact that having a homeless encampment in this location will have on property prices in Peacock Gap, especially as homeless people have already been moved away from this location?

This is not true. The City has not taken any action to specifically prohibit camping at Peacock Gap Park. Camping on public property is permitted throughout the City and is regulated by SRMC 19.50--the campsite size and setback requirements are available here.

7. What is the process for reporting incidents related to encampments, including illegal activities and disruptive behavior, and how is this information acted upon?

If you witness any illegal activities or disruptive behavior, please contact the SRPD non-emergency line at 415-485-3000. If you have questions or concerns regarding compliance with the Camping Ordinance, please email EndHomelessness@cityofsanrafael.org.

1. I have observed individuals from the encampment engaging in illegal activities, including coming to my business inappropriately. What actions are being taken to address these issues and ensure the safety of my employees and customers?

For the Police Department to address illegal activity occurring at a business or other location, it is essential that those witnessing such incidents report them directly. While we strive to be as present as possible, we are limited by the number of officers available at any given time. That’s why we appreciate the community acting as our eyes and ears, helping us respond to incidents that occur outside our immediate presence.

We are also leveraging new technologies, such as automated license plate readers (ALPR) and FLOK cameras, along with other investigative tools, to enhance our ability to investigate crimes and secure successful prosecutions. Additionally, we direct officers to proactively patrol areas experiencing higher crime rates to address specific concerns as they arise.

The San Rafael Police Department conducts regular foot and vehicle patrols in the area, leading to multiple arrests. We remain committed to a zero-tolerance approach toward criminal activity.

2. It has come to my attention that cars associated with these encampments are being used for drug sales and prostitution. What is being done to address these illegal activities.

It is essential to report illegal activity directly to the Police Department so we can respond promptly and address the situation effectively. Specifically, regarding drug sales, we work closely with our law enforcement partners, including the Marin County Special Investigations Unit (SIU) and the Coordination of Probation Enforcement (COPE) Team, to conduct targeted investigations and surveillance operations. COPE also monitors probationers, both housed and unhoused, performing regular checks to ensure compliance with probation conditions.

The San Rafael Police Department is actively investigating drug-related activities and other crimes. For instance, on October 1st, we partnered with SIU for a successful 'bike sting' operation, which demonstrates our commitment to proactive crime prevention.

3. I pay for SRPD services to ensure safety at my business, yet I feel that concerns are not being adequately addressed. What can I expect in terms of support from SRPD for incidents related to encampments?

SRPD is working with the City's Homelessness Team to address issues that impact the community overall. The SRPD is responsible to provide service to the entire community of San Rafael and strives to provide the highest level of service on each request that is made. Homelessness is a complex issue that requires a holistic approach. Often, issues faced by the community stemming from homelessness may not be solved strictly through enforcement. The SRPD continues to work with the homelessness team to find long term solutions for individuals experiencing homelessness rather than using solely enforcement driven strategies that only move an individual from place to place within the community.

Business owners are urged to contact the non-emergency line at 415-485-3000 to report any crimes or suspicious activity.

SRPD will maintain additional foot and vehicle patrols around local businesses. They also invite business owners to meet and discuss crime prevention strategies through environmental design.

1. Why are vehicles without tags parked in 2-hour zones not being cited or towed while compliant vehicles receive tickets? How can I ensure fair enforcement in my area

When a parking enforcement officer observes a vehicle violating parking rules, they assess the situation and issue either a citation or a warning, depending on the specific circumstances. If you believe your vehicle was unfairly cited, we encourage you to follow the appeal process outlined on the back of your ticket.

We strive to ensure fair and consistent enforcement across the City. If you notice vehicles without tags repeatedly violating parking regulations in your area, please report them to the non-emergency police line at 415-485-3000 and select option 1. This allows us to follow up on the issue and take appropriate enforcement actions.

Community members can play an important role in ensuring fair enforcement by reporting parking violations to the non-emergency police line at 415-485-3000 or through the City’s SeeClickFix system. Timely reporting helps our enforcement teams address issues promptly and ensures that parking regulations are applied fairly.

We also encourage community members to provide feedback if they feel enforcement practices are inconsistent in their neighborhood. This helps the City review and improve our approach, ensuring fairness for all.

2. Can you explain the process for reporting parking violations and illegal activities related to encampments?

To report parking violations, including those associated with encampments, community members can call the non-emergency police line at 415-485-3000 and select option 1. This is the best method to ensure a timely response if there are safety concerns or illegal activities. You can also report ongoing or persistent issues through the City’s SeeClickFix portal.

For abandoned vehicles, our team will mark vehicles suspected of violations, return to check on them after 3-4 days, issue citations if necessary, and revisit to tow the vehicle if the situation hasn't been resolved. Reporting helps us maintain fair enforcement practices across the City.

3. What is the policy for parking enforcement in areas with encampments, and how is it being enforced fairly?

Parking enforcement in areas with encampments follows the same guidelines as in all other parts of the City on public property. Vehicles are expected to comply with standard parking regulations. However, when community members are living in their vehicles, enforcement requires additional consideration.

Our practice is to avoid immediate towing when someone resides in their vehicle. Instead, we work with outreach teams to connect individuals with resources and services. The City practice is not to remove people from their vehicles for which they may be inhabiting.

1. Is the data for the return to home program available to the public?

Since December 2018, 13 individuals have returned home through this process with the city, with the most recent being a woman who returned to Oregon in March 2024 after living along the Mahon Creek Path. Furthermore, St. Vincent De Paul runs a similar program and on average has 10 individuals, each year, return to live with other family members or friends outside of San Rafael.

2. Is the data on water quality of the Mahon Creek available to the public?

The primary regulatory agency that monitors the Mahon Creek is the San Francisco Bay Regional Water Quality Control Board (RWQCB). Monitoring the water quality is not a function of the City.

3. I have heard skepticism on the accuracy of data collected from point in time surveys particularly duration of residency and place of residency when entering homelessness because it is self-reported. Is there any verification process for these data?

The Point in Time Count and the survey of homeless individuals are just one snapshot in helping the County and Cities understand the nature of homelessness. Over 1,000 individuals are enrolled in the County’s Coordinated Entry system and the County has data from multiple sources in that system that help to understand a clients circumstances and needs.

4. When will the 2024 Point-in-Time (PIT) count data be released?

The 2024 Point-in-Time count is now available on the City’s website, view here.

1. Are there any plans to develop strategies or programs to better manage encampments and their impact on local businesses?

Yes. The County and its partners, including Marin’s cities and towns are, reviewing the updated United States Interagency Council on Homelessness Encampment Guidance for Communities to ensure our approaches remain in alignment with best practice, the expectations of our funders, and solutions that will best connect individuals to housing.

2. Why where encampments moved closer to businesses and schools when in the past they were by the park near Safeway?

3. How can the public stay up to date with the City’s search for an interim shelter site?

The City, in partnership with the County of Marin, is exploring potential site locations and program options for interim shelter. More information will be available in the spring of 2025. For the latest updates, please subscribe to the City’s Homelessness newsletter through the webpage.

1. I have heard that conversion of office space into housing can be cost prohibitive because of plumbing and natural lighting requirements. I haven't heard anyone discuss using vacant office (or retail) space for temporary shelter. Wouldn't cubicles and communal bathrooms be better than tents and portapotties? (County)

The County utilized the HomeKey space at 3301 Kerner as shelter while the new Jonthan's Place was under construction and the site had to be turned back over to the housing developer for permanent supportive housing. If additional possibilities like that arise in the future they will be considered. If individuals have a site they would like to be considered for such a solution, they should contact the Division of Homelessness and Coordinated Care at HHSHome@marincounty.gov

2. Why are all resources being diverted to permanent supportive housing projects without expanding available shelter beds to get people off the street now?

Unfortunately, it is not possible to fund expansion of expensive services like shelter and housing at the same time, due to funding limitations. When the County has been able to secure resources, those have been prioritized to housing to ensure that individuals find a permanent solution to their homelessness, not a temporary one. However, the County operates a robust shelter and interim housing system, both of which operate at almost full capacity on a regular basis. Referrals to those systems are made regularly.

3. Does the federal definition of housing including kitchen facilities prevent or hamper development of affordable dormitory style housing with shared kitchen and bathroom facilities?

Yes, the federal definition of housing, which typically requires individual units to have kitchens and bathrooms, can limit the development of dormitory-style housing with shared facilities. This makes it harder to use federal funds for such projects, although local programs may offer more flexibility. You can learn more about the City’s work towards furthering affordable housing here.

1.What private sites have you considered? Why are private sites declining to participate?

The City has been and continues to explore options for privately owned sites. As a part of our due diligence, we’ve identified over 11 private sites that The property owners were unwilling to lease to the City for this use.

2. Why are the encampments not shared amongst all or many of the communities in Marin? Ie: Marinwood, Dominican, MV, Kentfield, Ross, etc.? Seems that if small encampments were embedded in each community, might be able to offer involvement in each community resources from each community, rather than all the burden of these folks on this community?

Encampments tend to form in areas where individuals have access to services, such as Downtown San Rafael. This centralization of resources means that individuals experiencing homelessness reside in downtown San Rafael because they can access essential services like food, healthcare, transportation, and other support.

When camping was banned in certain areas, individuals relocated to nearby locations where they could still easily access support services. While spreading small encampments across other communities might seem like a solution, it would be challenging because those areas lack the nearby critical services and resources for supporting these individuals.

The City’s contractors are currently managing a sanctioned camping area in the Mahon Creek area to maintain proximity to vital services, minimizing disruption for individuals and the community.