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Home My WebLink AboutCD-CA Ordinance Regulating Camping on Public Property PPTAmendments: Ordinance Regulating Camping on Public Property April 15, 2024 •Housing trust fund •SAFE team •Case management grant projects •Downtown Streets Team •Community Mental Health Liaison •Homelessness Prevention •Showers and Health Measures in Encampments •Ordinance for health/safety in encampments City response to homelessness City of San Rafael April 15, 2024 Homelessness is Solvable •728 chronically homeless individuals housed in Marin since 2017 •110 veterans housed •201 families housed •~ 10 total housed per month •94% of these remained housed City of San Rafael April 15, 2024 Housing and Homelessness Case Management Clients Transitioned to Permanent Supportive Housing 3 people 7 people 4 person 20 people housed Step 1: Early Engagement Trust -Building Step 2: Assessment Document & Credit Readiness Step 3: Voucher Issued Active Search for Apartments Step 4: Housed Ongoing Support Definition: Case management clients in the two grant-funded programs contracted to nonprofits by the City, and their steps in their pathway to housing. The two programs, the Encampment Resolution Case Management program, and the High Utilizer Program, engage unserved people living in encampments. Case management staff work to build trust, assess for housing assistance eligibility, obtain identification and other documents required for housing, address credit-related barriers, search for apartments, and support clients in maintaining housing. The graphic displays the number of people currently in each step of the process before getting housing. Current Metric: 20 out of 34 participants have been housed Summary:. Data Source: Marin HHS Data last updated: 4/10/2024 Current Step on the Path to Housing Case Management Clients in the City’s Grant-Funded Services Mahon Creek Area Encampment •Dec. 2023 Needs Assessment Survey: 60 responses, report •Health and sanitation •Voluntary compliance initiatives •Coordinated assessment event with County and nonprofits •ERF-3 City-County joint proposal (decision expected April) Recent Developments in City’s Approach to Encampments City of San Rafael April 15, 2024 Why the City is Limited in Enforcement: Ninth Circuit Court of Appeals •Martin v. Boise (2019) o Criminal enforcement of sleeping on public property by person with no alternative shelter constitutes “cruel and unusual punishment” under Eighth Amendment of the U.S. Constitution o Narrow ruling: cities may regulate time, place and manner of sleeping on public property Ninth Circuit legal precedent and cases •Injunctions issued in dozens of follow-on cases, related to: •“Involuntarily” homeless = # homeless persons > # shelter beds •Quality/type of alternative shelter (e.g., congregate shelters) •Seizure of personal property (e.g., notice and storage) •Time, place & manner restrictions (e.g., locations, daytime v. nighttime) •Whether city has left open sufficient public property in jurisdiction for homeless individuals to sleep •And more… •City of Grants Pass v. Johnson – Ninth Circuit case considering Martin v. Boise up for review by U.S. Supreme Court this term San Rafael’s “Spacing and Density” Ordinance •In July 2023, the City Council adopted a new approach •Campsites may occupy no more than 100 sq ft for 1 person or 200 sq ft for >1 person, including all personal belongings •Campsites must be separated by 200 ft •Other distancing requirements apply, including 100 ft from playgrounds •The City was sued 3 working days before the Ordinance could take effect •Lawsuit (Boyd v. City of San Rafael) is ongoing in Federal court Preliminary Injunction Order in Boyd •Judge Edward Chen of N.D. Cal. District Court permitted the City to enforce its ordinance under court-modified rules, incl: •Permit up to 400 sq ft campsites for 4 persons, separated by 100 ft •Allocation and registration process for campsites •Some on Mahon Path have moved to registered spaces •Implementation is difficult •Continuing to litigate and trying to resolve case, including regular meetings between City staff and homeless representatives Amended Ordinance: Areas Where Camping is Prohibited Amended Ordinance Explanation of Change Open spaces No change City parking garages No change Public facilities (e.g., buildings)No change Within 100 ft. of playgrounds No change Within 250 ft. of schools New rule added Within 10 ft. of public utility infrastructure No change Sidewalks and public rights-of-way No change Note that City Council or City Manager may also prohibit camping or adopt time, place, or manner conditions on camping on certain public property (e.g., Boyd Park, Albert Park). Amended Ordinance: Time, Place, or Manner Conditions Amended Ordinance Explanation of Change Maximum allowable campsite size: -200 sq. ft. for 1 person -400 sq. ft. for up to 4 persons Increased from: -100 sq. ft. for 1 person -200 sq. ft. for >1 person Minimum allowable distance to another campsite: - 10 ft. Eliminated rule that campsites be spaced at least 200 ft. apart. Aligned spacing requirement with new setback rules. Minimum clearance and setbacks: -10 ft. clearance around each campsite -10 ft. setback from other campsites, public utility infrastructure, and private real property New rule added. Person with no alternative shelter is permitted to sleep on other public property subject to certain conditions Amended Ordinance: Violations and Enforcement •Section added to align with standard practice and procedures •No person may be charged with a crime for violation of the ordinance “unless their unlawful conduct is knowing or willful” •Warning and notice prior to enforcement, including: •Actions to comply •Timeframe to come into compliance •Potential penalties for failure to comply •Guidelines for removal and storage of unattended personal property •For campsite size, occupancy, clearance or setback violations: individual may request City provide a physical demarcation to allow them to assist with compliance •MASH (Marin Alliance Solving Homelessness) - social services partners •Mental Health Liaison, Homelessness Team, and SAFE •Notice to individuals camping of new regulations •Notice prior to enforcement •Policy to store certain items for 90 days at City expense •Map and information provided on webpage Outreach and Education if Amendments are Adopted City of San Rafael April 15, 2024