Homelessness big topic at San Rafael’s Monday City Council meeting

This is the staff report on homelessness that will be discussed at the San Rafael City Council meeting 6 p.m. Monday, Aug. 19.

The City Council will receive a comprehensive update on homelessness in San Rafael.  The presentation will cover the following topics:

• The City’s camping regulation constraints over the last year
• Recent legal actions providing the ability to enforce local regulations
• Proposed camping ordinance amendments
• Illegal structure enforcement actions
• New Sanctioned camping program
• Homelessness program contracts
• City-county partnership development
• Next steps

RECOMMENDATION:

1. Waive reading and introduce Ordinance amending San Rafael Municipal Code Chapter 19.50 — Camping on Public Property
2. Adopt the resolution appropriating $2,256,400 from the Grants Fund 283 to support the initial costs and contracts associated with the sanctioned camp program and authorizing the City Manager to execute contracts in the amount of $2,002,400 for the first phase of the Encampment Resolution Fund Round 3 (ERF3) grant program and other homelessness program services.

____________________________________________________________________________________ FOR CITY CLERK ONLY

Council Meeting: _______________________ Disposition: ___________________________

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BACKGROUND:

National and Local Dynamics

Homelessness remains a significant challenge across the United States, and San Rafael is no exception. According to the U.S. Department of Housing and Urban Development’s 2023 Annual Homelessness Assessment Report (AHAR) to Congress, approximately 653,104 individuals nationwide were affected by homelessness. Among these, 143,105 were chronically homeless, marking a 65% increase since 2017. California alone accounts for more than 180,000 homeless individuals, with 67,510 being chronically homeless, reflecting an 88% rise over the same period. Alarmingly, two-thirds of California’s homeless population were unsheltered, comprising half of all unsheltered homeless individuals nationwide.

In Marin County, the 2024 Point-in-Time Count revealed a count of 1,090 individuals experiencing homelessness, 788 of whom are unsheltered and 217 chronically homeless. The total count showed a 2.77% decrease from the 2022 count of 1,121. While local data for San Rafael from the 2024 count is still unavailable, the City reported 348 homeless individuals during the 2022 Point- in-Time Count. According to a December 2023 survey of homeless individuals residing in the Mahon Creek Path area encampment, 90% of encampment residents have lived in the area for more than a year, and almost two-thirds have resided in San Rafael for more than a decade.

Several factors contribute to homelessness in San Rafael and beyond. The lack of affordable housing coupled with stagnant wages means that 42% of Marin renters spend more than 35% of their income on rent. The availability of shelter beds in Marin County is consistently limited as there are approximately 291 beds available for 1,090 individuals. However, there have been significant strides in addressing homelessness: since 2017; the County of Marin has housed 737 chronically homeless individuals. 94% of these individuals have remained housed due to ongoing support services and rental subsidies. Efforts to house veterans have also been significant, with 111 veterans housed during this same period.

The City of San Rafael’s Camping Regulation Constraints – Year in Review

In July 2023, the City Council voted to amend the City’s longstanding camping ordinance (San Rafael Municipal Code Chapter 19.50) to regulate camping in a manner that complied with the then-governing Martin v. Boise decision. Shortly after the City adopted its new ordinance amendments, a group of plaintiffs (Shaleeta Boyd, et al.) sued the City in federal court based on Americans with Disabilities Act (ADA) claims and other legal theories, in particular that the City’s camping ordinance constituted a “state created danger”. In response, the court entered a temporary restraining order and, later, a preliminary injunction that effectively blocked the City’s ability to enforce its own local camping regulations.

During the period of the preliminary injunction, the City’s ability to regulate the Mahon Creek Path Area encampment became significantly constrained. However, the City still took action utilizing other regulatory avenues to mitigate the broader public health and safety impacts of the encampment on the surrounding community. For example, in October and November 2023, the City enforced its fire code to abate the fire risks associated with the then proliferation of wooden pallets and illegal wooden structures in the Mahon Creek Path Area encampment.

In December 2023, the City Manager issued an order prohibiting camping along Lindaro Street and issued an additional order prohibiting new camping in the Mahon Creek Path Area encampment. During this time, the City also held a services and outreach fair and surveyed individuals experiencing homelessness in the encampment to better understand their service

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needs. This information was instrumental in the development of the Encampment Resolution Fund 3 grant the City and County of Marin jointly applied for and received, and which is discussed further in this report.

From December 2023 to February 2024, the City attempted in good faith, to implement the Camping Ordinance under the restrictions and direction issued by the Federal District Court. Through this multi-month effort, the City attempted to work with the California Homeless Union and members of the Mahon Creek Path Area encampment to designate campsites and establish voluntary compliance with the direction of the Court. This work was ultimately abandoned as we were not able to achieve the level of cooperation needed in order for that approach to be effective. The City then refocused its attention towards amending the camping ordinance to address the concerns of the court, and to create a regulatory framework that we could use to mitigate impacts of the encampments.

Additionally, the City, on three separate occasions during the Spring and early Summer of this year participated in settlement conferences to attempt to settle the Boyd case. These efforts did not result in a settlement between the City and the California Homeless Union.

In May 2024, the City Council voted to further amend Chapter 19.50, by adopting Ordinance 2035, to address the concerns expressed by the Federal District Court in its injunction order. The amended Ordinance made several key changes:

1. Campsite Size Restrictions: Campsites can now be up to 200 sq. ft. for one person and 400 sq. ft. for up to four people camping together, doubling the space allowed in the prior ordinance.
2. Proximity and Safety Buffers: Campsites must maintain a 10-foot clearance area around each site and a 10-foot setback from other campsites, public utility infrastructure, or neighboring private properties. The previous requirement of 200 ft spacing between campsites was eliminated.
3. Proximity to Schools: Camps must be located a minimum of 250 ft from the property line of any preschool or K-12 school.
4. Enforcement Provisions: Enforcement will only take place after individuals in violation receive notices and opportunities to comply, reflecting a commitment to a compassionate and balanced approach.

Recent Legal Actions Providing the City with the Ability to Enforce Camping Regulations

Latest Supreme Court Decision
On June 28, 2024, the Supreme Court issued its decision reversing the Ninth Circuit Court of Appeals in Grants Pass v. Johnson. Since 2018, Martin v. Boise (a prior Ninth Circuit decision upon which Grants Pass was based) had significantly limited local government’s ability to regulate homeless encampments and has created a slew of lawsuits brought upon local government agencies. Applying Martin, the Ninth Circuit had held that the City of Grants Pass violated the “Cruel and Unusual Punishments” clause of the Eighth Amendment to the United States Constitution by prohibiting camping on public property when the City could not establish that there was enough alternative shelter available to accommodate the number of individuals experiencing homelessness in the community. The Supreme Court rejected this Eighth Amendment theory. While the Supreme Court’s decision provides local governments with more flexibility in addressing

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issues related to individuals experiencing homelessness, it only directly addressed one of the many legal theories homeless advocates have raised in lawsuits against cities, including San Rafael.

The Martin decision in 2018 spawned substantial litigation throughout California and elsewhere in the Ninth Circuit as cities attempted to enforce public camping ordinances. San Rafael itself has been sued multiple times, most recently in Boyd v. City of San Rafael.

Previous versions of the City’s Camping Ordinance were drafted in a manner that complied with the Ninth Circuit’s Grants Pass decision. Thus, when the Supreme Court ruled earlier this year, there was little to no immediate impact on the City. At that time, the City’s ability to enforce the Camping Ordinance was limited by the preliminary injunction issued in the Boyd lawsuit. That injunction was not based on Grants Pass nor the Eighth Amendment. Rather, the injunction was based on claims brought under the state-created-danger doctrine via the Fourteenth Amendment, and under the Americans with Disabilities Act.

In light of the Grants Pass ruling, the City now has the ability to amend the Camping Ordinance to allow for more flexibility for the City in terms of enforcement and the prohibition of camping in particular locations when the City Council or City Manager deems a location inappropriate for camping. These amendments are contemplated in a proposed amended camping ordinance, discussed further in this staff report.

Recent Governor Newsom Executive Order
On July 25, 2024, Governor Newsom issued an Executive Order instructing State agencies to 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 same guidelines which the City is seeking to align with, as discussed further in this staff report.

Dismissal of Boyd Lawsuit
This past July 2024, the Federal District Court heard the City’s motion to dismiss the Boyd case and on August 7, 2024, the Court granted the City’s motion to dismiss and dissolved the injunction. The Court held that the City’s amendments to Chapter 19.50 adequately addressed the legal concerns raised by the plaintiff’s lawsuit and the Court.

The City of San Rafael remains committed to finding solutions that honor the dignity of every person living in San Rafael, while at the same time preserving the accessibility and cleanliness of shared public spaces something that is crucial for the well-being of everyone who calls San Rafael home.

Additional City Actions Taken to Address Impacts of Homelessness

The City has undertaken many actions and made significant investments towards addressing homelessness. In recent years, the City’s affordable housing trust fund has invested more than $3M for supportive housing developments, such as the 3301 Kerner and Jonathan’s Place projects. The City has also utilized $250,000 in state encampment resolution fund grants to expand case management services in partnership with the County of Marin.

The City’s SAFE (Specialized Assistance for Everyone) team, a mobile mental health crisis response unit operated by Petaluma People Services Center, addresses various crises and provides critical support, operating twelve hours a day, seven days a week. The City has allocated

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$775,000 for the next three years for the initial pilot program to fund this critical service. In Fiscal Year 2023-24 the SAFE Team responded to 3,099 calls for service, with more than half of those calls responding to assist an individual experiencing homelessness.

Other efforts include high utilizer case management programs, mobile showers and laundry services provided by WeHope, and fully dedicated Community Mental Health Liaison who works for the San Rafael Police Department. The City’s Housing and Homelessness Division oversees several programs, including the Downtown Streets Team, which offers cleanup crews and job training. The City has only three full time employees dedicated to homelessness services, all of which are funded by the City’s General Fund. The City does not receive any direct, ongoing funding from the State or Federal government to support this work.

Last year, the City worked with Davidson Middle School to provide additional security services for children walking to and from the school in close proximity to the Mahon Creek Path Area encampment. In addition, the City took steps to successfully close Lindaro Street to camping, to provide children with a clear path to walk to school. Looking ahead at the 2024-25 school year, the City will be coordinating with Davidson Middle School and the San Rafael City School District to ensure there remains a safe route to school for children.

San Rafael’s multifaceted and collaborative efforts underscore a commitment to addressing homelessness through both immediate and long-term solutions.

ANALYSIS:

Proposed Camping Ordinance Amendments

Considering the recent Grants Pass decision and the administrative burden associated with the proliferation of illegal structures being constructed in City parks and public rights of way, staff recommends the City Council adopt an amended ordinance (Attachment 1) further amending the City’s regulation of camping on public property. The proposed amendments include the following:

1. Grant’s Pass Amendments: Provides the City with greater flexibility to either prohibiting camping and/or adopting time, place or manner conditions on camping on public property.
2. Unpermitted Structures and Building Materials: Clarifies that 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.This provision further clarifies that fabric tents, fabric tarps, or other similar non- permanent, removable items may be used for temporary shelter within a campsite, provided they are not affixed to tied to any public property, private real property, vegetation, or infrastructure, except for the use of removable stakes to secure the item into unimproved ground on public property.
3. Additional Safety Setbacks: Campsites would be required to be at least 5 feet from the edge of roadway pavement. This is to ensure that campers are a safe distance from passing traffic and that their belongings do not impede the flow of traffic.
4. Updated Enforcement Provisions: The enforcement of this amended ordinance proposes to align with the provisions in Governor Newsom’s recent Executive Order.

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Generally, the City will provide individuals with a 48-hour notice to cure the violation of the Camping Ordinance. However, the City will require immediate removal/abatement when the encampment poses an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate action.

For violations relating to unpermitted structures and building materials, the proposed ordinance now permits the City to tag the structure with a notice to remove it from public property within 48 hours, again aligning with the Governor’s recent Executive Order. If the noticed structure is not removed within that timeframe, the City may immediately remove such structure and restore the public property. This would allow the City to remediate unpermitted structures in a much more efficient manner than the administrative hearing process the City currently has had to ulitize to abate unpermitted structures.

It is important to note that the City maintains a standard practice whereby, the City first seeks voluntary compliance and works with its non-profit community service provider partners to provide additional notice and outreach, and where available, offers assistance to affected persons including but not limited to providing new tents and sleeping bags.

5. Streamlined Definitions: The proposed amended ordinance consolidates the term “Camp Facility” into the term “Camp paraphernalia.” Now “camp paraphernalia” is defined as implements and equipment used for camping, including tents, cots, beds, hammocks, vehicles, other temporary physical shelters, camp facilities, tarpaulins, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment, with the underlined portion representing the prior “Camp Facility” term. The definition for “public-right-of-way” now states the definition found in San Rafael Municipal Code Section 11.04.020(K)

Illegal Structure Enforcement Actions Completed & Underway

The City has been pursuing separate enforcement efforts aimed at addressing the proliferation of illegally constructed structures within the public right of way (SRMC 11.04.030.010) and in City parks (SRMC 19.20.080(Q-R)). Code Enforcement staff recently conducted inspections of encampment areas along Andersen Drive between Irwin Street to Rice Drive, the Mahon Creek Path, Andersen Drive adjacent to Mahon Creek Path, and Francisco Boulevard West between Mahon Creek and Irwin Street. Staff issued notices to remove encampment structures and fences that violated parks and encroachment codes. City Staff noticed 49 sites and gained compliance or abated violations in 42 cases, with 7 still working through a cumbersome administrative hearing process.

All structures that have been the subject of the administrative hearing process have been ordered to be removed by the City’s appeal hearing officer, Hon. Beverly Wood (Ret.). The cleanup has included: 16 tons of debris removed on June 20, 2024, from Andersen Drive at Rice & Irwin; and 15 tons of debris removed on July 3, 2024, from Francisco Blvd West. City Staff provided replacement tents to all individuals who had been residing in the removed structures on public property. Boulders were placed along Francisco Blvd. and the area remains clear of camping.

During this and other enforcement actions, the City provides for the storage of personal property for up to 90 days, in accordance with the City’s guidelines for removal and storage of unattended personal property. To note, the City cannot legally 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 are occurring, they can be given a

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choice of taking their personal belongings with them or abandoning 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.

Current Camping Ordinance Enforcement Plan

With the dismissal of the Boyd lawsuit, the City is focusing its urgent attention to addressing the significantly deteriorated conditions throughout the Mahon Creek Path Area encampment, including Anderson Drive.

In addition to the ongoing structure enforcement activities the City has taken in recent weeks, the City is now engaged in a multi-week effort to bring the Mahon Creek Path and surrounding areas into compliance with the current camping ordinance.

The City’s approach to enforcement is described below in four phases:

Phase One: Menzies Parking Lot Enforcement (Week of August 12)

In July 2023, the City Manager issued an Administrative Order temporarily prohibiting camping in or on the non-Open Space portions of the Falkirk Cultural Center and Menzies Parking Lot. This notice was extended in perpetuity on October 2, 2023.

On Tuesday, August 13, 2024, the City Manager lifted the Administrative Order prohibiting camping on the non-open space portions of the Menzies Parking Lot only. With that Order lifted, the City’s Camping Ordinance is now in effect for this property. The Camping Ordinance prohibits camping within 250 feet of a school and the Menzies property is within 250 feet of Marin Academy. Given this, the City issued a three-business day notice to the remaining individuals camping at the Menzies Property requiring them to move off of the property. The City will seek to fully restore the property to its original intended purpose by Monday, August 19.

Meanwhile, camping on the Falkirk Cultural Center Property remains prohibited by the Administrative Order.

Phase Two: Restoration of Emergency Vehicle Access on Mahon Creek Path (Week of August 12)
The City is currently noticing all individuals who are currently obstructing the Mahon Creek Path and blocking emergency vehicle access. The City will seek voluntary compliance from individuals, however the City will need to deploy additional resources and waste hauling contractors to haul away a significant number of materials, waste, and other refuse to restore emergency vehicle access. These individuals will need to then comply with the Camping Ordinance by Monday, August 19.

Phase Three: Campsite Size and Private Property Line Setback Compliance (Week of August 19th)
Following the cleanup and compliance efforts of the first two phases, the City will then begin to enforce the regulations where violations occur of the Camping Ordinance’s campsite size maximums and setback requirements, most notably the 250 feet from schools, and the 10-foot setback from private property lines and other campsites.

Phase Four: Camping Ordinance Compliance Check (Weeks of August 26 and September 2, and ongoing)

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Following the first three phases of this effort, the City will assess the entire Mahon Creek Path Area encampment, as well as all other camp sites in the City, and begin enforcing sites that have fallen out of compliance with the Camping Ordinance. This process will continue on an ongoing basis to ensure full compliance with the City’s regulations.

Enforcement activities will be conducted in compliance with SRMC 19.50.050. This means that the City will provide written notices to individuals, providing 72-hours for them to comply with the Camping Ordinance. Those who do not comply by the end of that period will have their campsite abated by the City and its contractors. Throughout this process, the City will engage with non- profit service providers to support impacted individuals. The City will also provide replacement tents when necessary.

The amended ordinance (Attachment 1) proposes to reduce the noticing period to 48 hours and allows the city to require an individual experiencing homelessness to immediately comply with the ordinance when an encampment poses an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the encampment. Should the City Council adopt the amended ordinance, these provisions would take effect 30 days from the second reading of the ordinance which would take place at the September 3, 2024, Regular City Council meeting. Until such time we must apply the regulations as defined in SRMC 19.50.050. Until that time, the City must abide by the existing regulations notes above.

Sanctioned Camping Program

State Encampment Resolution Fund (Round 3) Grant Programs.

The California lnter-agency 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:

• 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; and
• 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
• Encouraging a data-informed, coordinated approach to addressing unsheltered homelessness at encampments.The City and the County of Marin partnered on an ERF3 grant application earlier this year. In April 2024, Cal ICH announced its intent to award the County of Marin and the City a total of $5,999,241 in funding, specifically to jointly address San Rafael’s Mahon Creek Path Area Encampment.The Mahon Creek Path Area encampment includes two branch areas along the Mahon Creek Path and Andersen Drive from Lindaro Street to Rice Drive, as well as a previous branch area on Francisco Boulevard West between Mahon Creek and Irwin Street. At the time of the application, an estimated 65 individuals were residing in the Mahon Creek Path Area encampment. The project is designed to provide help and support to these individuals.The proposed programs to assist individuals experiencing homelessness at the Mahon Creek Path Area Encampment will be conducted in partnership with the County of Marin’s Department of Health and Human Services (HHS). HHS will contract one full-time equivalent (FTE) outreach worker and three FTE Housing-Based Case Managers (HBCM). These staff members will be dedicated to connecting 65 encampment residents to individualized case management, interim

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and permanent housing, rapid re-housing subsidies, and other supportive services, with the goal of ending homelessness for these residents and returning the Mahon Creek Path to its originally intended public use.

Additionally, the grant seeks to fund two program phases. In the first phase, the City will establish a sanctioned camping program and make safety/sanitation improvements to the area. This phase will operate as a low-barrier, housing-focused safe sleeping site, and is described in detail below.

Overview of Sanctioned Camping Program

Utilizing the State ERF3 grant funds, the City will establish a sanctioned camping area program along the northern portion of the Mahon Creek Path. The City is proceeding with this location for a number of reasons.

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 Path Area, including a portion of Lindaro Street. In December of last year, the City then banned camping along Lindaro Street due to it being a school route, resulting in more individuals moving to the nearby Mahon Creek Path and along Andersen Drive.

ERF3 grant requires that the funds are used 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 the sanctioned camping site is constrained. Furthermore, the City does not own land elsewhere that is suitable for this type of program, and the City’s diligent year long search for a privately property alternative location for interim/transitional housing sites did not yield results. Lastly, service providers recommend that the City provide a site that individuals can walk to access services and food, and to provide a location that reduces disruption to those currently camping in the area.

The proposed sanctioned camping area will be open to individuals identified as residing in the Mahon Creek Area encampment prior to January 31, 2024 (the submission date of the ERF3 grant application). The sanctioned camping area will include up to 47 tent sites for enrolled participants and be located on the northern portion of the Mahon Creek Path (between Francisco Blvd. West and Lincoln Ave.). City staff anticipate the sanctioned camping area will operate for approximately 12-18 months. The goal of the program is to support these individuals on their path to housing.

Participation in the sanctioned camping area is voluntary and individuals will be prioritized based on the following criteria (in rank order):

1. Plaintiffs in Boyd v. City of San Rafael
2. VI-SPDAT1 Score
3. Length of time residing in the Mahon Creek Path Area encampment 4. Previous participation in the City’s Service Support Area

In advance of this, the City will provide notice to all Mahon Creek Path Area encampment residents regarding the new sanctioned camping program, including details on how to register to participate, the code of conduct required to participate, and the requirements for individuals on

1 VI-SPDAT stands for the Vulnerability Index – Service Prioritization Decision Assistance Tool which is designed as a pre-screening or triage tool used by all providers within a community to develop deeper understanding of the needs of people experiencing homelessness and help make prioritization decisions for housing.

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the northern portion of the path to work with the City to replace their tents and to adjust their location to an approved camping spot.

The City will also create a no-camping buffer along the southern portion of the Mahon Creek Path. This is a best practice and seeks to limit individuals from camping near the program to take advantage of its services and/or to engage in disruptive behavior that is counter to the mission of the program. Individuals who are camping in the buffer zone and who do not participate in the program will be permitted to camp elsewhere in the City subject to the Camping Ordinance.

The following items outline the proposed temporary infrastructure, service provision, community engagement, and reporting on outcomes.

Sanctioned Camping Site Preparation and Temporary Infrastructure:

1. Safety and Security:
   a. Gates – The northern Mahon Path Area, shown in Attachment 7, will be gated onthe Lincoln Avenue and Francisco Boulevard West entrances. Both gates will have an Americans with Disabilities Act (ADA) compliant pedestrian entrance, as well as emergency vehicle access.b. Fencing – Chain link fencing will surround the sanctioned camping location and will be increased to a height of 8 feet.c. Security Guards – 24/7 security personnel will be on-site to assist with resident safety, uphold the no-visitor policy of the camping location, notify emergency services as needed, and monitor the overall location. Two guards will be stationed at each entrance and a third will regularly walk throughout the camping area at certain times during the day.d. Fire Prevention – Fire extinguishers will be placed in outdoor cabinet locations throughout the sanctioned camping area. The San Rafael Fire Department will conduct fire safety inspections on a regular basis throughout the camping area.
2. Living and Meeting Spaces:
   a. Campsites: The proposed program contemplates up to 47 total campsites,including tent size dimensions of both 7’x7’ and 10’x10’. Participants residing in 7’x7’ tents will be provided with a storage locker to remain directly outside of their tent for additional storage. Campsites will be placed no less than 6 feet apart within the managed camp location.
   2. Temporary Office & Staff Storage Units – Up to two small office units will be placed on-site to be used by housing case managers and outreach staff. One temporary storage container unit will be placed to offer staff a location to store replacement equipment and necessary essentials. The office units may be added later pending the required electrical utility access.
   3. Meeting Space Canopies: Shade canopies will be set up to provide meeting spaces for residents, as well as on-site staff.

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3. Sanitation:
a. Portable Restrooms with Handwashing Stations – Four standard restroom units

and two ADA compliant units will be provided for residents. One restroom will be

reserved for security and on-site staff use.
b. Garbage Pickup – Garbage dumpsters will be internally placed at the camping

area gates, as well as trash bins throughout the site. Garbage pickup service will be provided regularly by Marin Sanitary Service. Additionally, participants will only be able to keep items inside their campsite areas and not add additional items to the exterior of their tents. On-site staff will work with residents on maintaining their immediate campsite.

c. Designated Areas:
i. Smoking Area: A designated smoking area will be provided to ensure

smoking is safe and restricted to a managed location. Collection

receptacles will be located in this area.
ii. Pet Use Area: An area will be designated for pet use to accommodate

residents with dogs. Appropriate bags and garbage facilities will be placed in this area.

Services Provided at the Sanctioned Camping Area:

1. Housing Case Management and Outreach: Marin County Health and Human Services will contract with a housing case management provider to have three full-time housing case management staff and one full-time outreach worker dedicated to the Mahon Creek Path Area encampment through ERF3 funding. Participants enrolling in the sanctioned camping program may already be working with a housing case manager from a different agency and may still be eligible for a campsite based on their status as a Mahon Creek Path Area resident prior to January 31, 2024. Eligible participants choosing to enroll in the sanctioned camping program without a current housing case manager will be assigned to an ERF3 staff caseload.
2. Weekly Shower Service: the City and County of Marin will continue to partner with WeHope Mobile Homeless Services to provide weekly shower service to the sanctioned camping area.
3. SAFE Team: The San Rafael SAFE Team will be available with their services to the community including: emergency response for issues relating to mental health and addiction, as well as non-emergency response for people in need.
4. Code of Conduct: Participants will be required to sign and abide by a code of conduct (Attachment 8). This code of conduct details the rules and expectations of participants.

Community Engagement:

1. Community Stakeholder Zoom Meetings: City Staff and Defense Block Security contractors will host regular meetings starting two weeks prior to sanctioned camping program participant enrollment. These meetings will provide updates on site developments to the surrounding business community and offer a time to address questions and concerns to both City staff, service providers, the Marin County Lived Experience Board, and the community.

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2. Staff Contact Availability: City Staff, Defense Block Security contractors, and County of Marin HHS staff will be available to discuss concerns regarding the sanctioned camping area as they arise. Contact information will be provided via QR code on signs posted at the sanctioned camping area gate locations and on the City’s website.

Monitoring and Evaluation:

1. Security Reporting: Defense Block Security shall complete reports for all incidents or significant interactions with residents, community members, staff members, and for any unusual or general emergency situations. Daily reports will be made available to designated City staff for oversight and review.
2. Program Management Reporting: The program management contractor shall maintain accurate records of the resident list, significant interactions with participants, housing placements, resident information, and program outcomes. They will utilize data to inform site improvement recommendations and report on both completed and needed site maintenance. Regular site check-in meetings will be held to report project successes and challenges to City Staff.
3. City Council & Community Updates: City staff plan to provide a public update to the City Council on the sanctioned campsite program progress after six months of the site’s opening date. The update report will include data points such as the number of participants enrolled, the number of residents transitioned to permanent or temporary housing, barriers to housing placement, case management and outreach activities, neighborhood improvements, services provided to residents, and an ERF3 grant expenditure summary.

Additional Homelessness Program Contracts:

The success of the sanctioned camping program heavily relies on the expertise and commitment of our partners. Earlier this year, the City released a Request for Proposals (RFP) for the various components of the Sanctioned Camping Area including:

• Property and program management, including operations and security oversight
• Security contractors, trained in de-escalation and harm reduction
• Mobile shower and laundry services,
• Waste management and hauling services (including hazardous material disposal)As a result of this RFP, staff recommend adopting the resolution (Attachment 2) authorizing the City Manager to negotiate and execute contracts with Defense Block Security, FS Global Solutions, Other Junk Co., and WeHope Showers to ensure comprehensive support and services for the camp residents. These partnerships are crucial in maintaining a safe, clean, and supportive environment, ultimately contributing to the overall stability and success of the sanctioned camp.By securing these contracts, the City can provide essential services that address the diverse needs of the individuals residing there and fostering a community where individuals have dignity, can improve their health, and work towards housing stability. A discussion of these contractors and their proposed scope of services is below:

1. Defense Block Security (DBS)

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Defense Block Security (DBS) specializes in providing security solutions tailored to community needs. Their approach emphasizes the importance of creating a safe environment while maintaining the dignity and respect of all individuals. DBS has extensive experience in managing security for safe sleeping programs, as well as emergency, interim, and supportive housing environments in Sonoma County. Defense Block Security assisted with the launch and security services of Sonoma County’s Emergency Shelter Site (ESS) which started with 87 tents and provided services to residents on their path to permanent housing. The City of Rohnert Park contracted with DBS to provide security coverage to the city’s Safe Sleeping Program (SSP) in 2022. Defense Block Security worked closely with the City’s Public Works, Police Department, Fire Department, Housing and Code Enforcement Divisions to prepare and coordinate the on-site program. DBS was the only contractor on the SSP site for the first 60 days and during that time the Rohnert Park Fire and Police Departments witnessed a 60% decrease in the calls for service. DBS will ensure the safety of camp residents and staff, thereby fostering a secure and supportive atmosphere conducive to recovery and growth.

City Staff have worked with DBS to select the following proposed staffing levels for the duration of the sanctioned camping area. The first three months will carry a daily staffing level of eight security guards on-site, totaling 64 hours per day. After the initial three-month start-up phase, there will be a daily staffing level of seven security guards, totaling 56 hours per day. Proposed staffing levels for each shift throughout the project’s duration are outlined below.

DBS will provide mobile guard shacks and ensure all necessary equipment is included. The City will need to provide power, bathroom facilities, and lighting around the guard shacks. DBS staffing and equipment cost information is provided in Attachment 3.

Staff recommend proceeding with a contract not-to-exceed $850,000, which includes a 7% contingency.

2. Foege Schumann Global Disaster Solutions (FS Global Solutions)

Foege Schumann Global Disaster Solutions (FS Global Solutions) specializes in emergency shelters, rescue support services, and disaster relief. In recent years, FS Global has served nearby communities in Sonoma County by supporting the operations of non-congregate shelters in Rohnert Park and Sonoma County’s Emergency Shelter Site.

Based on their previous experience supporting shelter operations, FS Global proposes providing on-site services and 24-hour staffing five days a week. Under this proposed contract, they will:

• Facilitate and complete participant enrollment into the site.
• Conduct regular participant check-ins and assist case management staff inmaintaining contact with participants.
• Document and maintain records of participant enrollment, conduct violations,equipment issued, and other pertinent information.
• Respond to emergencies and coordinate with relevant services.
• Issue replacement equipment and/or essential items as needed.
• Educate participants on code of conduct and work with individuals to gain compliance.

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• Issue conduct violation warnings and manage termination process when necessary.
• Collaborate with security staff, waste hauling contractor, and mobile shower serviceprovider to maintain site operations.
• Participate in stakeholder engagement and inquiry response, especially fromsurrounding businesses.Staff recommend proceeding with a contract not to exceed $675,000, which includes a 7% contingency.

3. Other Junk Co.The Other Junk Co. specializes in managing and cleaning up unhoused encampments, particularly those near sensitive environmental areas like creeks. These encampments can pose significant health, safety, and environmental hazards due to the accumulation of trash, waste, and hazardous materials, leading to water pollution and the spread of diseases. The complexity of managing these encampments requires a nuanced approach that respects residents’ possessions while ensuring public health and safety.Founded on principles of sustainability and community support, The Other Junk Co. focuses on repurposing and donating items, furniture, and clothing collected during cleanup operations. This approach not only aids those in need but also significantly reduces the environmental impact of waste, aligning with the City Council’s goals and objectives of sustainability.The Other Junk Co. offers comprehensive services to address the needs of these encampments. They will remove, separate, and dispose of all materials, prioritizing recycling and repurposing to support those in need and minimize environmental impact. Their team is trained to handle hazardous waste safely in compliance with governing regulations, using personal protective equipment and following strict protocols to ensure the safety of everyone involved.Community engagement is a key component of their philosophy, as they work compassionately with encampment residents, providing essential aid and promoting cleanliness. Additionally, they provide detailed reporting to offer transparency into the cleanup process and demonstrate the positive impact on the community and environment.The City has contracted with The Other Junk Co. for the ongoing clean-up and waste hauling of the Mahon Creek Path Area encampment in the past. For the sanctioned camping area they will provide similar services during the period the City is establishing the sanctioned camping area for the northern portion of the Mahon Creek Path, as well as the cleanup of the southern portion of the path.Staff recommend proceeding with a contract not-to-exceed $650,000 which includes a 10% contingency (Attachment 4).
4. WeHope ShowersWeHope Showers provides mobile shower and hygiene services designed to meet the needs of unhoused populations. Their facilities offer clean, safe, and dignified environments where individuals can attend to personal hygiene, a critical aspect of

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maintaining health and self-esteem. By partnering with WeHope Showers, the City will ensure that residents of the sanctioned camp will have regular access to essential hygiene services, thereby enhancing their overall well-being and quality of life.

WeHope’s operations will include regular coordination with the City of San Rafael and the County of Marin Health and Human Services Division, as well as quarterly check-ins with City staff.

The City, through the Community Homeless Fund collaboration with the County of Marin, City of Novato, and Town of Fairfax, have contracted with WeHope to provide regular shower services to experiencing homelessness in each jurisdiction. WeHope proposes to increase the frequency of service to offer services specifically for the sanctioned camping area.

Staff recommend proceeding with a contract (Attachment 5) not-to-exceed $112,400 for both sanctioned camping area services and ongoing services via the Community Homeless Fund.

The ERF3 Grant also includes the purchase of a new shower trailer to replace the current one used by WeHope. Staff will return to the City Council in the coming months to request approval for that purchase.

Additional Homelessness Services Contracts:

5. Downtown Streets Team

Downtown Streets Team is a nonprofit organization that addresses homelessness by providing employment opportunities, case management, and supportive services to individuals experiencing homelessness. Downtown Streets Team has been working closely with the downtown business community to ensure a clean and inviting downtown area since its launch in San Rafael in July of 2013. Their dedicated team responds to reports of trash dumping and actively engages individuals experiencing homelessness in clean-up efforts. Through their unique approach, they not only address cleanliness concerns but also provide opportunities for individuals experiencing homelessness to regain stability and improve their quality of life.

Downtown Streets Team provides regular progress reports, detailing the number of clean- ups conducted, trash dumping incidents addressed, and outcomes achieved in terms of housing placements and employment opportunities. Over the last eleven months, they have facilitated:

• 6,112 hours of cleanup services volunteered by as many as 23 team members (actual volunteer team size fluctuates)
• More than 100,000 gallons of trash removed from Downtown and the Canal neighborhood
• 16 net jobs (10 of these new jobs during the period) lasting more than 3 months
• An 85% retention rate (at least six months)The FY 2024-25 agreement (Attachment 6) includes a scope of work which prioritizes two goals: 1) engagement of individuals in encampments into housing-focused case

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management, and 2) placement of cleanup teams to improve environmental conditions within those encampments. City funding of $200,000 would be combined with other DST funding sources — including a $713,336 contribution from the County of Marin Health and Human Services, and $83,535 from private contracts.

DST will address encampments, waste-related issues, and provide housing-focused case management to individuals experiencing homelessness. At least 20 team members will focus on encampment “hot spots” while maintaining cleanup efforts in the City’s downtown, including Fourth Street, and the Canal neighborhood. DST will be evaluated according to targeted outcomes that include housing-focused case management as a core competency, in addition to its existing employment-focused initiatives. City staff will continue to conduct periodic meetings and evaluations with DST to assess their progress, review monthly progress reports, review the allocation of funds, and ensure alignment with the City’s goals and objectives.

City-County Partnership Development

Homelessness is a multifaced and complicated issue that cannot be solved by one agency alone. Recognizing this, the City of San Rafael and the County of Marin key executives and staff are working collaboratively to create a more intentional and formalized City-County partnership to enhance interagency collaboration and address community needs to address homelessness in San Rafael.

Next Steps

In addition to taking the steps to implement and enforce the City’s existing and proposed amended camping regulations, and establishing the sanctioned camping program, staff are working to identify a location for the second phase of the ERF3 Grant. This second phase will fund the creation of an interim, non-congregate shelter that may take the form of a tiny home village similar to what has been implemented in other jurisdictions. This work will require the on-going partnership with the County of Marin and other community partners to ensure that while Marin jurisdictions make investments in permanent supportive housing, similar investments are made toward creating interim shelter and transitional housing to support all individuals experiencing homelessness on their pathway to housing.

COMMUNITY OUTREACH:

Educational and community outreach is a key part of the City’s approach to this work. Over the last year, the City has organized a Zoom Town Hall meeting with San Rafael Public Schools to address school community concerns about encampments near Davidson Middle School previously along Lindaro St. The City also provides regular homelessness update e-newsletter updates, posts answers to frequently asked questions, and publishes videos covering the City’s response to homelessness via the City’s website. In addition, the City plans to coordinate with the Marin County Lived Experience Advisory Board (MC-LEAB), and individuals currently residing at the unsanctioned encampment, to get their feedback as we work to refine the implementation plan for the sanctioned camping program.

Additionally, City staff and the sanctioned camping program service providers and contractors will host regular meetings starting two weeks prior to sanctioned camping program participant enrollment. These meetings will provide updates on site developments to the surrounding business community and offer a time to address questions and concerns to both City staff, service providers, the Marin County Lived Experience Board, and the community at large.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 17 FISCAL IMPACT:

The costs associated with the establishment of the Sanctioned Camping Area will be funded by a $1M state appropriation provided by Senator McGuire and the County of Marin as well as approximately $4M of the $5M ERF3 Grant. While the County of Marin has yet to receive the ERF3 funds from the State, the County will be able to provide the $1M from the state appropriation in September, pending authorization from the Marin County Board of Supervisors. The ERF3 Grant must be expended by June 30, 2027.

Costs associated with the site preparation and set-up of the Sanctioned Camping Area is estimated to cost $500,000. This work includes site engineering, fencing, utility repairs, and other program assets like office spaces, tents, and other furniture, fixtures, and equipment. Contracts for these services and purchases are expected to fall within the City Manager’s signing authority.

The total cost associated with the site preparation, set-up and contract services for Sanctioned Camping Area is $2,256,500. As shown in Table 1, Staff is requesting an appropriation from the Grants Fund 283 in this amount to support the initial costs and contracts associated with the Sanctioned Camp in order for the City to begin this work immediately.

Table 1: Requested Appropriation Amounts

Start Up Costs $ Defense Block $ FS Global $ We Hope $ Other Junk Co. $

Downtown Streets Team $

Total $

500,000 850,000 675,000

26,400 165,000 40,000

2,256,400

Staff is requesting corresponding authorization for the City Manager to execute and enter into contracts for these services, as well as for the Downtown Streets Team (DST) contract, as shown in Table 2. For the Downtown Streets Team (DST) contract, the fiscal impact is $200,000. Of this, $40,000 is funded by the ERF3 grant, and $160,000 is funded by the FY 2024-25 General Fund budget.

Table 2: Requested Contract Authorization

Defense Block $ FS Global $ We Hope $ Other Junk Co. $ Downtown Streets Team $ Total $

850,000 675,000 112,400 165,000 200,000

2,002,400

Staff recommends the City Council adopt the Resolution (Attachment 2) which facilitates the requested appropriation of funds and authorization to enter into these agreements.

OPTIONS:

The City Council has the following options to consider on this matter:

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1. Approve the staff recommendations.
2. Approve the staff recommendations with modifications.
3. Direct staff to return with more information.
4. Take no action.

RECOMMENDED ACTION:

1. Waive the reading and introduce the Ordinance Amending San Rafael Municipal Code Chapter 19.50 — Camping on Public Property.

2. Adopt the Resolution appropriating $2,256,400 from the Grants Fund 283 to support the initial costs and contracts associated with the Sanctioned Camp Area and authorizing the City Manager to execute contracts in the amount of $2,002,400 for the first phase of the Encampment Resolution Fund Round 3 (ERF3) grant program and other homelessness program services.

ATTACHMENTS:

1. Ordinance
2. Resolution
3. Exhibit A to the Resolution – Defense Block
4. Exhibit B to the Resolution-The Other Junk Co.
5. Exhibit C to the Resolution- WeHope
6. Exhibit D to the Resolution- Downtown Streets Team 7. Sanctioned Camp Site Plan
8. Draft Sanctioned Camp Code of Conduct
9. Correspondence