Novato Advance photo
Novato Advance
The homeless in Lee Gerner Park in Novato will be confined to a space surrounded by a 6-foot-high solid wall, according to an agreement reached in Federal Court last week.
The area will be improved to ensure the health and safety of those who choose to live in the pen.
In a press release issued late in the afternoon of Oct. 19, the City of Novato announced the agreement.
“On October 18, Judge Gonzalez-Rogers, presiding over the federal lawsuit filed against the City of Novato by the California Homeless Union and several occupants of Lee Gerner Park, authorized the City of Novato to establish a Temporary Camp within Lee Gerner Park for those currently residing at the park,” said the announcement.
Homeless advocates hailed the move as a victory.
“This is the latest in a string of victories for the California Homeless Union,” a press release from the Union said. It said “The city ‘blinked.’” Supporters of the homeless in the park characterized the 6-foot wall about the homeless campers as a “gated community.”
City Manager Adam McGill would not characterize the pact beyond the city’s press release, citing the ongoing lawsuit
The city’s press release continued: “Originally filed in July 2021, the federal lawsuit temporarily delayed actions previously approved by the Novato City Council to provide immediate housing and support services to Novato’s unhoused and enforcement of two newly Council approved City ordinances that prohibited day camping and camping within 50 feet of streams and critical infrastructure.”
The pen for Lee Gerner Park inhabitants was “agreed upon by both the City and the California Homeless Union,” said the city. It called it a “temporary solution in place while the lawsuit continues through the federal court process.”
The deal allows Novato “to improve and regulate” the conditions at Lee Gerner Park by establishing the space with a 6-foot high “solid wood fence.” It will be erected within 45 days and “all persons camping within Lee Gerner Park as of Oct. 18” will be offered the chance to relocate to it. As part of the agreement, the city is also allowed to police a “code of conduct” within the pen.
Alternatively, Lee Gerner Park campers can accept a shelter bed at Homeward Bound of Marin or lawfully camp somewhere other than Lee Gerner Park should they choose not to reside within the homeless pen.
“Those who refuse to accept a campsite assignment or other housing opportunities,” the city said in a statement,” are required to remove themselves and their property from Lee Gerner Park. The City is permitted to involuntarily remove those who refuse to accept the options available per the Court Order. The City is not required to offer campsites at the Temporary Camp to any person not residing at Lee Gerner Park on October 18, and all areas outside of the established Temporary Camp must be kept clear of encampments, personal property and other obstructions.”
The City and other service providers will continue to offer wrap-around services to Novato’s unsheltered community, as well as comply with new requirements to offer additional resources and services to those within the Temporary Camp at Lee Gerner Park, including but not limited to: tents, personal storage areas, personal hygiene facilities, and trash collection. All costs with establishment of the Temporary Camp and associated ongoing costs to operate it will be funded from the City’s allocation of American Rescue Plan federal dollars that included guidance to be spent on homeless services.
The city added: “Earlier this year, the Novato City Council approved a set of actions for how our community can continue to proactively address homelessness. These actions are intended to continue providing access to resources, services and housing to unhoused community members while also protecting the environment and services essential for continuity of government and use of facilities by all persons not just those unhoused. As part of these actions, the Novato City Council approved an agreement with Novato-based nonprofit Homeward Bound of Marin to provide immediate housing and support services for Novato’s homeless, including job placement and training, medical coordination, and transitional/permanent housing referrals with priority for those residing at Lee Gerner Park and other city encampments. Since establishing this partnership, 16 individuals from Lee Gerner Park and other unhoused community members have accepted services from Homeward Bound of Marin.”
The City Council has also approved the allocation of up to $240,000 in one-time American Rescue Plan stimulus monies to support the County of Marin in hiring additional case managers to help unsheltered community members secure and maintain housing through Marin’s Housing First policy.
“While the Temporary Camp provides an interim solution, the City’s goal is to remain engaged in offering compassionate alternatives to the unhoused and improving the quality of life for all members of the Novato community. The Temporary Camp will remain in place until all persons residing at the camp have been housed or otherwise vacated the camp, the CDC modifies or rescinds its guidelines on homeless encampments, the federal lawsuit is resolved, or the Court modifies the Order. Additional information on homeless outreach in Novato, assistance for those currently experiencing homelessness and a listing of community partners and resources, as well as prior news releases related to this topic is available at novato.org/homelessness.”
The developments stem from a tussle between homeless advocates and the city over a move to restrict camping within city limits. The rules would have made camping illegal in most of Lee Gerner Park. Campers who spent much of the COVID pandemic in the park and made it a permanent home said they would not move and they had a right to camp anywhere they wanted in Novato. One of the homeless leaders said could not move from the shady park because of a skin condition that is aggravated by direct sunlight. The validity of that reasoning has yet to be determined by the federal judge. The lawsuit was filed and remains pending.
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