San Rafael to tighten homeless camping restrictions

San Rafael wants to restrict homeless campers to curb potential criminal activity and littering while addressing growing safety concerns at city parks.

An ordinance introduced on a first reading at a special City Council meeting on Monday would limit the camping area for a single person to 10 feet by 10 feet.

Camps with two or more people would be limited to 200 square feet, regardless of the number of inhabitants. No camping area could be within 200 feet of another camp.

The ordinance would also ban camping within 100 feet of a playground and within 10 feet of public utility equipment such as electrical boxes.

“What we want to try to accomplish is greater safety on city property by deconcentrating some of these larger encampments,” said Chris Hess, the city’s assistant director of community development.

The city said the rules comply with federal case law set by the 2018 ruling in the Martin v. Boise case. The U.S. 9th Circuit Court of Appeals decision prohibits agencies from restricting people from sleeping on public lands if no adequate shelter space is available for them. Such bans would essentially make it unlawful for a person to sleep anywhere and would thus constitute cruel and unusual punishment in violation of the U.S. Constitution, the court found.

The city said the Martin v. Boise ruling still allows for reasonable limitations on camping, including environmental and public safety protections.

The ordinance, which amends existing restrictions on homeless campers, will be presented to the City Council for adoption at its regular meeting on Monday.

The move is in response to a camp that has developed at the Mahon Creek path, which runs along the San Rafael Creek from Andersen Drive east to the intersection of Second Street and Francisco Boulevard West.

The site is a stone’s throw from Albert Park, where more than a dozen homeless people had been evicted after a legal battle in March.

Hess said since April more than 30 camps have sprouted along the creek path. The recent arrest of a suspected methamphetamine dealer at the camp, as well as litter there, are troubling neighbors, Hess said.

San Rafael police Lt. Carl Huber said the department saw a spike in drug-related activity, overdoses and conflicts at Albert Park that correlated with the growth of inhabitants at the camp.

As the camps have increased along the Mahon Creek path, there have been reports of open drug use, and nearby businesses have reported vandalism and thefts.

“So what we’re hoping to do is to try to limit those negative interactions,” Huber said, “by dispersing the population into smaller groups.”

Residents who have complained about the illicit activity said the ordinance does not go far enough, Some also want the city to ban camping within a certain distance of homes.

One speaker at the meeting Monday said the homelessness has affected his family’s quality of life and the camps are a “blight.” Another homeowner said there is camp near his home and the inhabitants drink, use drugs and use profanity, all of which disturbs his family.

Jason Sarris, who used to be homeless and continues to advocate for the community, said he is concerned that ousted members of the camp will have no other place to go. He said victims of domestic violence will be more vulnerable without the protection of a community.

“I don’t understand how this is going to help,” he said. “I think this needs a lot more work.”

City officials said banning camping near homes could be too restrictive, placing the city in danger of violating Martin v. Boise.

Officials said enforcement officers will not determine who arrived first and force out those who arrived later. Instead, anyone in violation will receive a notice to vacate. The campers will be encouraged to sort out among themselves who should go.

Violators would be given at least a 72-hour notice. If they persist in non-compliance, officers will remove the camps and store personal property for up to 90 days, or until it is retrieved by the owner, officials said.

With regard to safety of vulnerable people, Genevieve Coyle, assistant city attorney, said that is why the ordinance allows for multiple people to camp together in an area up to 200 square feet.

Councilmember Maribeth Bushey said she remembers when the City Council approved the creation of Mahon Creek path as a way for students to get to and from Davidson Middle School.

“To see that public investment turned into a place where our police department goes and arrests drug dealers is very disheartening,” Bushey said.

“The best forward for us is this ordinance that will restore some level of public utility to that area,” she said. She also hopes it will encourage the inhabitants to seek help.

Mayor Kate Colin said the ordinance is just one tool the city is using to address homelessness. She said the real solutions are the bigger picture investments the city has made into shelters and affordable housing, including the 3301 Kerner Blvd. site that will provide 40 permanent supportive housing apartments.

“I think we all agree that having unhoused folks in our community isn’t good for anyone,” Colin said. “It’s not good for the individual who’s living on our streets and it’s not good for the surrounding impact on our community.”

“It’s not just about this ordinance,” she said. “It’s this layering on with all the other actions we’re doing.”