San Rafael rules help, but won't fix issue

San Rafael city officials have been trying to answer the challenges of homelessness for many years.

After a federal court hamstrung the city's enforcement of its “no camping” rules, the city has been seeking a solution to the rights of the homeless who are pitching tents on public lands and public safety issues, such as criminal activity and sanitation.

The city's challenges predate, by years, the federal court ruling that forbids municipalities to prohibit camping on public lands if there is no other housing available.

The rate of homelessness has long outpaced the available shelter.

Striking a balance has not been easy, bringing complaints from the homeless that they've been rousted from campsites with no place to go and from park users who complain about security, litter and pollution.

The city says the federal court ruling left the door open for local limitations based on protecting the environment and public safety.

The city's elimination of the Albert Park encampment in the spring, just before the park would play host to youth baseball and softball leagues, essentially just moved the problem.

An encampment has taken root along the Mahon Creek path, from Andersen Drive to the intersection of Second Street and Francisco Boulevard West. The city estimates that there are more than 30 camps.

In recent weeks, there have been criminal incidents involving campers that underscore concerns about public safety. Last week, a camper was arrested on suspicion of attacking a man with a machete and lighting a tent on fire. Last month, a suspected methamphetamine dealer was arrested at the camp.

In response, the City Council has taken action and approved rules, including banning camping from within

100 feet of a playground and within 10 feet of public utility equipment. In addition, camps must be at least 200 feet apart.

The rule does provide for group campsites, but not larger than 200 square feet.

Violators would be given 72 hours to vacate, but the problem is they probably don't have any place else to go. Likely, they will set up camp on open land nearby, but the new rules also ban campers from Boyd Park, city open space lands and parking garages.

The goal is to disperse the campsites with the hope of reducing complaints about open drug use, vandalism and thefts that officials say have increased as the Mahon Creek camps have grown in number.

Of course, there are those who want the city to be even tougher. They don't sympathize with the legal tightrope City Hall is trying to walk.

The city is trying to balance the federal court's ruling and the public's right to their park, public safety and environmental protection.

Marin cities have been pulled into lawsuits filed by homeless residents and their advocates complaining that local rules and enforcement are too heavy handed, especially in the face of the court's ruling.

The city is hoping that enforcement of the new rules will encourage campers to seek other ways of living.

The city is also living up to its responsibility to protect the health, safety and welfare of its residents, whether they live in a huge mansion or a tent.

For Mayor Kate Colin, this challenge has been a top priority for many years.

She's been a steadfast champion of the strategy that the best long-term solution is permanent housing, not campsites or shelters.

That's why construction is currently underway to convert a Kerner Boulevard office building into a 40-apartment supportive housing complex.

The project will help, but the math still belies that there are not enough beds, in either shelters or permanent housing, to meet the local need.

This community challenge is far from solved.