San Rafael evicts homeless campers amid crime spike
Citing a recent shooting and other criminal activity, San Rafael cleared a small camp of homeless people about a block from City Hall on Tuesday.
City Manager Cristine Alilovich signed an administrative order prohibiting camping through Aug. 31 at the Falkirk Cultural Center and the Menzies parking lot on Mission Avenue. Officials estimated eight campers were living at the site.
San Rafael police officers have responded to 107 incidents, including 74 calls for service, at the camp. Police have made six arrests at the site “for violations of non-camping criminal laws,” the city order says.
Alilovich issued the order on Thursday, the same day police arrested a suspect in the shooting.
“The incident with a firearm at the Menzies lot significantly escalated the public safety concerns at that location,” Genevieve Coyle, assistant city attorney, said in an email. “The City took this immediate action to ensure the safety of all residents in the neighborhood, as well as the individuals camping at the lot.”
The shooting happened at about 4:30 a.m. July 22. Investigators allege the suspect tried into get inside the tent of a woman living at the site.
The woman blew a whistle, and someone who had been sleeping in a vehicle nearby turned on the headlights and drove toward the intruder. The attacker allegedly fired a gunshot and left in a pickup truck with another occupant. A witness provided police with the license plate number.
Police stopped the truck Thursday night and booked Eli Weston Harald, 33, of San Rafael on suspicion of willfully discharging a gun, carrying a loaded gun and other counts. The truck contained an unregistered handgun whose caliber appeared to match a bullet casing found where the shooting happened, police said.
Harald remained in custody at the Marin County Jail on Tuesday in lieu of $150,000 bail.
Police posted a 72-hour notice Friday alerting camp residents to vacate by noon Monday. The eviction was delayed a day after one resident of the camp filed a lawsuit and obtained a temporary restraining order.
The plaintiff, Mark Rivera, 63, was able to remain at the site. In his complaint, Rivera said he has lived there for three years and relies on nearby water and restrooms. The suit says he is a stroke survivor and suffers from dementia, amnesia and vertigo and depends on his familiar surroundings to survive.
The notice to vacate threatened to arrest campers and their property, including Rivera, if they did not voluntarily leave on their own on by Monday, the suit says.
The suit alleges that the city notice promised residents they could call Lynn Murphy, the city’s mental health liaison, for referral to a shelter. However, when Rivera called Murphy, her voicemail said she was out of the office until Aug. 7.
“This complaint and concurrent restraining order seeks to stop the hasty, irresponsible eviction of Plaintiff from Falkirk and to hold the City of San Rafael accountable to its promises,” the suit says.
A hearing is pending in federal court in San Francisco.
Coyle said that in Murphy’s absence, Chris Hess, the city’s assistant director of community development, and his staff connected with the campers to provide relocation assistance and other services, including temporary storage.
The city’s mobile crisis team also responded to assist Tuesday morning, Coyle said.
Robbie Powelson, an advocate for homeless people in Marin, helped Rivera prepare the suit. He said that the recent criminal activity at the camp “has nothing to do with Mark.”
“Everyone else who is here came after the eviction at Albert Park,” Powelson said. “The unconsidered consequences of the city’s action are burdening Mr. Rivera.”
Powelson was referring to an incident in March when dozens of homeless residents were evicted from Albert Park at B Street and Albert Park Lane after a legal battle.
City officials said that congregation had grown to more than 20 individual campsites. As the camp grew, so did complaints about illicit activity, officials said.
The City Council unanimously adopted a ban on camping at Albert Park over the health and safety concerns. The action expanded a ban that prohibits camping at Boyd Park, city open spaces and parking garages.
Last month, the City Council approved an ordinance further restricting where homeless camps are allowed and how much space they can occupy. The ordinance, is designed, city officials said, to curb a trend of violence, crime, littering and general public safety concerns connected to large camps in city parks.
At the time of the vote, the camp of concern was a congregation of more than 30 tents along the Mahon Creek Path between Andersen Drive and Francisco Boulevard West. That camp formed after the city cleared Albert Park.
Last month, police arrested a camper at Mahon Creek Path on suspicion of attacking a man with a machete and lighting a tent on fire. Police also arrested a suspected methamphetamine dealer at that camp in June.
The newest ordinance limits the camping area of a single person to 10 feet by 10 feet. Camps with two or more people are limited to 200 square feet, regardless of the number of inhabitants. No camping area can be within 200 feet of another camp.
The ordinance also bans camping within 100 feet of a playground and within 10 feet of public utility equipment such as electrical boxes.
City officials said the ordinance would take effect Aug. 16. However, officials expect to take time informing homeless people about the change before setting a firm date of compliance at Mahon Creek Path.