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Home My WebLink AboutCC Resolution 15349 (Prohibition of Camping on South Mahon Creek Path)RESOLUTION NO. 15349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AND ORDERING THE PROHIBITION OF CAMPING ON SOUTH MAHON CREEK PATH WHEREAS, Homelessness remains a significant challenge across the United States and San Rafael is no exception; and WHEREAS, the City Council through their Fiscal Year 2023-24 and 2024-25 Goals and Objectives has made Housing and Homelessness one of their top priorities; and WHEREAS, the California Interagency Council on Homelessness (Cal ICH) established the Encampment Resolution Funding, Third Round (ERF3) Program to increase collaboration between itself, local jurisdictions, and continuums of care for the purposes of (1) Assisting local jurisdictions in ensuring the wellness and safety of people experiencing homelessness in encampments, including short-term needs arising from their unsheltered homelessness and their long-term needs through a path to safe and stable housing; (2) Providing grants to local jurisdictions and continuums of care to support innovative and replicable efforts to resolve critical encampment concerns, and to support individuals in accessing safe and stable housing, using Housing First approaches; and (3) Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments; and WHEREAS, The City and the County of Marin partnered on an ERF3 grant application earlier this year. In April, Cal ICH announced its intent to award the County of Marin and the City a total of $5,999,241 in funding; and WHEREAS, the City and County proposed utilizing the funds to address San Rafael’s largest encampment, and Marin County’s largest urban encampment, known as the Mahon Creek Area encampment, in two phases; and WHEREAS, on August 19, 2024, the City Council authorized the City Manager to execute and enter into agreements for services for the first phase of the ERF3 grant program, including use of the funds to establish a sanctioned camping area; and WHEREAS, on September 9, 2024, the City Manager issued an Administrative Order authorizing creation of a sanctioned camping area along the North Mahon Creek Path and prohibiting camping in that location to facilitate the creation of the Sanctioned Camping Area; and WHEREAS, the intent of the Sanctioned Camping Area is to provide safe and secure campsites for participants. The City has determined that enacting a camping prohibition on the southern portion of Mahon Creek Path from Lincoln Avenue to Anderson Drive (“South Mahon Creek Path”) will aid the City’s intent of creating a safe and secure environment; and WHEREAS, this camping prohibition on South Mahon Creek Path will limit individuals from camping near the sanctioned camping area to take advantage of its services or engage in behavior that is counter to the mission of the sanctioned camping area. NOW, THEREFORE BE IT RESOLVED, pursuant to authority vested in the City Council under Section 19.50.030(B) of the San Rafael Municipal Code to “absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at any time in or on one or more public properties, or portion thereof,”; and FURTHER BE IT RESOLVED, the City Council of the City of San Rafael does hereby order, effective on October 10, 2024, at 8:00 AM, camping is prohibited on South Mahon Creek Path. The prohibition shall remain in effect until a subsequent administrative order of the City Council or the City Manager rescinds or modifies the prohibition. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on the 7th day of October 2024, by the following vote, to wit: AYES: COUNCILMEMBERS: Hill, Kertz & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey & Llorens Gulati Lindsay Lara, City Clerk EXHIBIT A CITY OF SAN RAFAEL ADMINISTRATIVE ORDER ADMINISTRATIVE ORDER PROHIBITING CAMPING ON SOUTH MAHON CREEK This Administrative Order of the City Council of the City of San Rafael prohibits camping on the southern portion of the Mahon Creek Path. This Order is effective as of October 10, 2024 at 8:00 AM (the “Effective Date”). This Order is being issued pursuant to the authority of the City Manager, under San Rafael Municipal Code section 19.50.030(B), to “absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at any time in or on one or more public properties, or portion thereof.” I. BACKGROUND On September 9, 2024, the City Manager of San Rafael issued an Administrative Order authorizing creation of a Sanctioned Camping Area along the North Mahon Creek Path and prohibiting camping in that location to facilitate the creation of the Sanctioned Camping Area. The City anticipates that when the September 9, 2024 Administrative Order is lifted, camping along the North Mahon Creek Path will be permitted only as part of the Sanctioned Camping Area. The Sanctioned Camping Area will cover the section along Mahon Creek Path from Francisco Boulevard West to Lincoln Avenue (“Northern Mahon Creek Path”). Funding for the Sanctioned Camping Area comes from ERF-3 grant funds awarded to the City of San Rafael and the County of Marin in April 2024. The Sanctioned Camping Area will include up to 50 tent sites for enrolled participants, and is anticipated to be operational for 12-18 months. The intent of the Sanctioned Camping Area is to provide safe and secure campsites for participants. The City has determined that enacting a camping prohibition on the southern portion of Mahon Creek Path from Lincoln Avenue to Anderson Drive (“South Mahon Creek Path”) will aid the City’s intent of creating a safe and secure environment. This camping prohibition on South Mahon Creek Path will limit individuals from camping near the Sanctioned Camping Area to take advantage of its services or engage in disruptive behavior that is counter to the mission of the Sanctioned Camping Area. Individuals who are camping on South Mahon Creek Path and do not participate in the Sanctioned Camping Area will be permitted to camp elsewhere in the City, subject to the Camping Ordinance in Chapter 19.50 of the San Rafael Municipal Code. II. ORDER NOW, THEREFORE, pursuant to authority vested in the City Council under Section 19.50.030(B) of the San Rafael Municipal Code to “absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at any time in or on one or more public properties, or portion thereof,” the City Council of the City of San Rafael hereby orders as follows: 1. Effective October 10, 2024 at 8:00 AM, camping is prohibited on South Mahon Creek Path. The prohibition shall remain in effect until a subsequent administrative order of the City Council or the City Manager rescinding or modifying the prohibition.