Fairfax Town Council Homelessness Subcommittee Report

Background and Current Status

The Town of Fairfax maintains an active partnership with Marin County and neighboring jurisdictions to address and prevent homelessness while ensuring support and safety for all residents. This report summarizes key initiatives, partnerships, the status of homeless services in Fairfax, and recommendations for next steps

Fairfax Homeless Encampment Overview

Since 2021, a small encampment has been established in Fairfax, maintaining a stable population of 4-5 individuals. Most of Fairfax’s unhoused individuals do not live in the encampment.

Fairfax’s homeless population has fluctuated over time. (See Figure 1 below).

Table 1. Fairfax’s Homeless Population Over Time

	2015	2017	2019	2022	2024
Fairfax	17	13	5	13	17

 Source: Marin County Point in Time Count Reports, 2017-2024[1]

[1] Point In Time counts are conducted in January of each year. However, two years were skipped due to the COVID-19 pandemic. https://housingfirst.marinhhs.org/point-time-count

County Partnership and Services

Marin County Health and Human Services, through their Division of Homelessness and Whole Person Care, provides comprehensive support services. Fairfax receives the highest per capita homeless services support from the County.

Outreach Services

• Two dedicated outreach care teams operating since March 2022
• Enhanced outreach frequency with teams visiting three times weekly

Housing-Based Case Management

Fairfax participates in the Central Marin Area High Utilizer Case Management Program, alongside Corte Madera, Larkspur, Ross, and San Anselmo. This collaborative program:

• Provides case management for chronically homeless individuals who frequently utilize municipal services
• Facilitates access to housing vouchers through Marin Housing Authority
• Achieved significant success with 38 individuals housed out of 68 enrollees county-wide
• Maintains active housing pathways for the remaining 30 participants

Fairfax Engagement

• The Fairfax Police Department conducts regular foot patrols of the area as part of their daily beat assignments, maintaining positive relationships with encampment residents.
• The Fairfax Public Works Department has worked with encampment residents to collect and remove debris left at the campsite on a regular basis.
• Fairfax also participates in the Marin Mobile Free Shower Program, which provides service on Thursday afternoon at the Fairfax Library.

 Significant Achievements

• In 2023, two of the original encampment residents were housed through the collaboration between Fairfax and the County of Marin.
• As of 2024, three more encampment residents are currently on a structured housing pathway.

Local Government Response

The Fairfax Homelessness Subcommittee, established October 4, 2023, includes:

• Vice Mayor Blash
• Council Member Cutrano

Both representatives also serve on the Marin County Council of Mayors & Councilmembers (MCCMC) Homelessness Ad-Hoc Committee, ensuring coordinated regional response to homelessness issues. Novato, San Rafael, and Sausalito, and the County have all pursued different policies over the last four years at great cost to taxpayers and with varied success.

Vice Mayor Blash and Councilmember Cutrano have:

• Met regularly with town staff, including the town attorney, police chief, public works director, and town manager to review how the town is addressing the encampment and what potential strategies could be implemented
• Met with constituents about their concerns and visited the encampment regularly.
• Discussed the legal and financial challenges associated with prior homelessness policy and implementation in Marin and the surrounding region with other Marin elected officials and experts
• Investigated new pathways for shelter and housing within Town limits (sites on private land)
• Developed partnerships with Marin service providers (securing additional funding for case management through the High Utilizer Case Management program earlier this year).
• Engaged with Homeward Bound leadership regarding shelter bed availability

Legal Developments

As of June 28, 2024, the U.S. Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson has overturned previous Ninth Circuit restrictions on regulating camping on public property. The Supreme Court’s decision has clarified that anti-camping ordinances do not constitute cruel and unusual punishment under the U.S. Constitution.

While some legal risks remain, several regional municipalities have begun implementing such ordinances. The Town is currently:

1. Reviewing implications for local homeless policy enacted by neighboring jurisdictions following the Supreme Court’s decision
2. Maintaining close coordination with Marin County Health and Human Services
3. Evaluating potential changes to address homelessness within the community

Recent Developments and Opportunities

1. Marin has had an historic shortage of shelter beds and housing affordable to extremely low-income residents
2. There are more than 922 chronically homeless individuals on the waiting list for Permanent Supportive Housing in Marin
3. A lack of housing vouchers to pay for housing has meant that unhoused individuals frequently stay in local shelters for months, unable to move into permanent housing. This situation has further limited the availability of shelter beds.
4. Homeward Bound is the primary provider of shelter beds in Marin
5. Homeward Bound recently re-opened its San Rafael shelter, Jonathan’s Place, with additional shelter beds and supportive housing, in addition to its Novato shelter.
6. Homeward Bound’s new veterans housing development in Novato has effectively ended veteran homelessness in Marin, providing dozens of new permanent housing units with support services
7. Recent federal voucher distribution for this veteran housing project is finally freeing up additional shelter beds
8. Homeward Bound will be opening additional housing in 2025
9. More housing vouchers should come online in 2025

With changes in the shelter and housing voucher situation there may be increased capacity to accommodate Fairfax encampment residents in coming months.

Proposed Action Plan

The Homelessness Subcommittee shares the community’s concerns about the impact of regional changes to homelessness policy, the potential for an influx of unhoused residents to Fairfax as a result, and potential impacts on the Towns resources and abilities to ensure safe public spaces and successful Housing First strategies. Fairfax is a very small town that lacks the land and resources to pursue many of the strategies adopted by some of our larger neighbors.

As such, the Committee recommends that the Town Council consider directing staff to:

1. Develop an anti-camping ordinance that would:
   1. Prohibit camping in town parks
   2. Include a specific effective date
   3. Align with current legal precedent
2. Implement a coordinated transition plan including:
   1. Offering available shelter beds to current encampment residents
   2. Setting a clear departure date from the park
   3. Ensuring continuity of case management services through the High Utilizer Case Management program

Important Considerations

Voluntary Participation. While shelter will be offered, encampment residents:

• Cannot be compelled to accept shelter placement
• May choose not to remain at Homeward Bound facilities
• May not be eligible for Homeward Bound facilities
• Will still be subject to anti-camping ordinance restrictions regardless of shelter acceptance

Impact on individuals and surrounding communities.  Implementation of anti-camping ordinances may result in:

• Displacement of unhoused individuals to communities without such ordinances
• Displacement of unhoused individuals to more remote locations in Fairfax
• Trauma and disruption of services for displaced individuals
• Need for regional coordination and response

Recommendation

The Homelessness Subcommittee recommends that the Town Council direct staff to:

1. Draft an anti-camping ordinance
2. Establish an implementation timeline
3. Develop a coordinated transition plan with service providers
4. Return to Council with specific ordinance language and implementation strategy for review and approval at the next Town Council meeting

This approach balances the Town’s responsibility to maintain public spaces with the need to provide humanitarian support and services to unhoused individuals.