After more than two hours of discussion and fiery public comment last week, Novato’s city council approved the permanent shutdown of its only sanctioned homeless encampment.
At the Feb. 11 city council meeting, about 25 members of the public spoke on the issue, with most opposed to the camp closure in Lee Gerner Park. They especially bristled at city manager Amy Cunningham’s recommendation to give the homeless residents notice to leave within 72 hours—without providing another place for them to go. Commenters called the proposed action “inhumane,” “discriminatory,” “inequitable,” “harsh” and “draconian.”
But the City of Novato no longer has a place for homeless folks to go. In December, the council unanimously voted to make it unlawful for people to use camping gear on public property. Those who violate the ordinance are subject to fines or arrest, essentially criminalizing homelessness.
Even the few people who spoke in favor of removing the campers from the park—located next to the public library and several businesses on Novato Boulevard—noted that the city should allow more than three days for relocation.
Councilmember Pat Eklund suggested the city could permit the seven homeless people living in Lee Gerner Park to remain for four to six months, giving the city time to work with nonprofits and the county to find housing or alternative shelter for the campers.
Cunningham, questioned by Eklund, conceded that the city has just under $300,000 in grant funds designated for homeless initiatives that could be used to keep the camp open. It costs $13,000 to $15,000 monthly to operate the camp with its 17-person capacity, Cunningham said.
Several advocates reminded the city council that the Lee Gerner Park encampment has successfully served as a staging ground for homeless people to obtain housing and services. County data indicates that 28 people from the camp have been housed. At the same time, the Marin Homeless Union maintains that another dozen were housed before the city officially sanctioned the camp in October 2022, bringing the total to 40.
Ultimately, the council voted unanimously to close the camp in 60 days and gave the Novato police discretion to provide an additional 30 days on a case-by-case basis. The city has already posted a “Notice to Vacate” at Lee Gerner Park, directing homeless residents to remove their property and relocate by April 19.
Is 60 to 90 days enough? Homeless people in Marin often wait years for housing because veterans and those considered the most vulnerable move to the top of the list. Section 8 housing vouchers remain in short supply. And Marin has 161 emergency shelter beds, which remain perpetually full.
The county’s 2024 Point-In-Time count estimates that 1,090 homeless people live in Marin, 788 of whom are unsheltered. In the last 12 months, the county has housed 74 people. The process is slow.
Eklund, who seemed to understand the lengthy process better than her colleagues on the city council, has received praise from homeless advocates for postponing the camp closure date and insisting that the city work with the county to find shelter or housing for the seven people remaining at Lee Gerner Park.
Marin County data from Feb. 7 reveals that only two of the people “are on an identified housing pathway.” The others likely need to enter the county’s coordinated entry system, the first step to housing, or they await a case manager assignment. Again, all of this takes time.
Since late 2019, homeless people have occupied Lee Gerner Park, living in a loosely self-governed community. The city tried to close the area to camping several times, which resulted in the Marin Homeless Union filing a lawsuit against Novato. In October 2022, the two parties entered into a settlement agreement requiring the city to operate the camp for two years and outlining specific terms for closing it.
The camp provides a stable environment for its homeless residents, and case managers know where to find their clients. This uninterrupted connection with a case manager is essential in keeping a person on their housing path.
Not surprisingly, the Marin Homeless Union is working on a lawsuit against Novato, contending the city did not follow the settlement agreement’s terms before voting to close the camp.
“We are going to hold the city legally accountable for violating the settlement agreement and for passing the ordinance banning camping,” Anthony Prince, attorney for the Marin Homeless Union, said in an interview. “Closing the camp will put people at an increased risk of harm, even more so now than three years ago because the city has this 24-hour [a day] camping ban.”
In a draft of the lawsuit provided to the Pacific Sun, claims include breach of contract and negligence, among others. It states campers will “face catastrophic injury” without alternative shelter and be subject to arrest if “they use blankets, tents, and sleeping bags elsewhere in the City.”
Some homeless residents of Lee Gerner Park are especially vulnerable, relying on the camp for survival, the lawsuit asserts. It cites that a woman suffers from dementia and a man recently underwent spinal fusion surgery.
According to Jason Sarris, a former camp resident and union leader, litigation is a last resort for the union, yet Novato’s actions have backed them into a corner.
“The union is always willing to work together with the city on humane solutions that will help people living outside move into durable housing,” Sarris said in an interview.
Some quick math indicates that Novato has enough left in its homeless initiative funding to keep the camp open for about two years and possibly longer if the city seeks additional grants. More than 130 homeless people remain unsheltered in Novato, according to the last Point-In-Time count.
Still, the city council seems committed to closing the camp. Even Eklund said she wants to house the remaining people, call the camp a 100% success and then shut it down.
“If Novato wants to continue going down this dark path, the union is not going to sit idly by and let the city criminalize or sweep people from one place to another just for trying to exist somewhere,” Sarris said. “We are going to push back on the city every step of the way. Novato should already know this by now. We mean business. And if it’s a fight they want, then it’s a fight they are going to get.”
With such firm resolve on both sides, it appears they will need a judge to help sort out the issues.
