San Rafael, Marin County approve agreements for shelter site

In the face of fierce opposition, San Rafael and Marin County officials are pressing forward with plans to construct a temporary village of cabins for homeless people in Terra Linda

The San Rafael City Council voted 4-0 on Monday to declare a homeless shelter emergency and authorized the purchase of the 2.5-acre lot at 350 Merrydale Road to establish the temporary site. Councilmember Eli Hill was absent.

The council also locked in a contract accepting up to $8 million from the county for property acquisition and startup costs. The arrangement commits the city to develop at least 80 affordable apartments at the same site after winding down the shelter.

The public hearing Monday night lasted nearly four hours and included dozens of speakers on both sides of the debate.

“We asked for dialogue. We got an infomercial. We asked for transparency. We got procedure,” resident Janet Shirley said, asking the council to pause its vote. “Trust is like air: When it’s gone, everyone feels it. And through secrecy and avoidance, the city has suffocated the trust of our community.”

Project proponents — including social workers, nonprofits and formerly homeless residents — urged approval of the project, asking neighbors of the Terra Linda site to keep an open mind.

“I think the best way to get people off the streets is to house them,” said Dan Lazarus, who lives in an apartment complex near the site. “This is, as everyone has said, it’s a nice, safe neighborhood. And I want to welcome them to the neighborhood, because if we do that, if we extend a hand, I do believe that it will allow them to transition back into society.”

Ahead of the hearing, the City Council adopted a resolution responding to a letter from a group called Marin Citizens for Solutions not Secrecy that demanded it rescind all decisions on the project that were made outside public meetings.

Its attorney, Paul Nicholas Boylan, accused city officials of violating the Brown Act, the government transparency law. He alleged they conducted “a series of unlawful secret meetings with the purpose of avoiding the public’s attendance, participation and oversight.”

The resolution confirms the city’s “unconditional promise to refrain from violating the Brown Act” and “commitment to transparency and community engagement.” But it admits no violations, said City Attorney Rob Epstein.

Epstein said negotiations for property acquisition in closed sessions started in March, and there was no reportable action after the closed sessions because no decisions were made.

Ken Dickinson, a member of Marin Citizens for Solutions not Secrecy, filed a motion for preliminary injunction against the city last week in Marin County Superior Court to prevent the purchase of the property until it is determined whether the decision violated the Brown Act.

A court order issued by Judge Sheila Shah Lichtblau on Nov. 14 sets a public hearing for the preliminary injunction on Nov. 24. The City Council must defer signatures on the approvals until the date of the hearing. Epstein said, though, that the resolution is intended to serve as a step to dismiss the case.

According to the filing, on Oct. 15 the city “held an organized and apparently well-planned press conference to announce the city’s plans to build temporary homeless shelters on the property, followed by building permanent housing. Defendants made their decisions to purchase the property and carry out the project without providing the public with the opportunity to observe and participate in those decisions before they were made.”

“The money was in place over a year ago, and together you built this plan behind closed doors in secret, all laid out neatly in your agreement with the county,” Dickinson told the City Council.

Dickinson said he is not against helping the homeless population. The problem is that the neighborhood most affected was left out of the decision process.

Epstein said he was not consulted ahead of the press conference.

“If I had been given the opportunity, I would have recommended that the press conference be handled differently,” Epstein said. “I have watched the video, and having now seen it, I appreciate why the plaintiffs in the lawsuit and other members of the public may believe that the 350 Merrydale decision has already occurred. As I just explained respectfully, their belief is 100% incorrect, but it is entirely understandable and it’s unfortunate.”

Mayor Kate Colin apologized for her part in the confusion.

“I will 100% own that I would redo the approach and my excitement of sharing a vision, a possibility for what we could be doing here in San Rafael,” Colin said. “I was exuberant and I was insensitive. I own that and I apologized and I have learned.”

The cabins would be placed on an empty lot next to a vacant office building, and the building would be used for services for the shelter occupants.

Officials said there would be round-the-clock security, staff-controlled entry, perimeter fencing and lighting. The site would have a code of conduct and “good neighbor policy” to ensure good standing with the surrounding community.

Case management and housing support services would be provided by nonprofits such as the St. Vincent de Paul Society of Marin and the Ritter Center.

The shelter site could open early next year. It will remain in place until the summer of 2027 with options to extend the operation until the summer of 2029. It is expected to cost $2 million a year to operate.

The city plans to secure an affordable housing partner in 2026 to develop the permanent housing plans. The project must be entitled by June 30, 2028, or the city would be obligated to repay the county the $8 million grant. If a housing development with fewer than 80 residences is entitled, the city must repay the county $100,000 per dwelling not built.

In 2021, the city established a support services area. Out of 47 participants, 31 of them were housed, officials said.

The city opened the Mahon Creek encampment in 2024. So far, eight participants in that program have been housed. The remaining inhabitants will be among the first to move into the Merrydale Road site, officials said.

San Rafael resident Jason Sarris, who was homeless for 12 years and suffered drug addiction, says the turning point in his life was accessing a sanctioned homeless camp where critical services were provided.

“I am living proof that when you combine safety, stability and services, people truly can rebuild their lives,” Sarris said. “The Merrydale interim shelter will give others the same opportunity I was given, and it will save lives.”

The city explored more than 20 properties for the project, including the Northgate mall parking lots, the City Hall parking lot, the Albert Park tennis courts and others. A full list is published on the city’s project site.

Officials say the Merrydale Road site was selected because it is a flat, accessible lot large enough for the 65 cabins, and the cost was within the city and county budget. Also, the property has structures for office and meeting space; it has electricity; and it is listed in the city’s planning documents as a suitable place to develop into dwellings.

Residents expressed worries about safety, illegal dumping, loitering, parking, the potential for new encampments in neighborhood streets and other concerns.

Officials said that in response to concerns, the main entrance will be at 3833 Redwood Highway rather than 350 Merrydale Road to move a majority of the traffic from the main road. They also said registered sex offenders will not be eligible to participate in the program, and staff will propose an ordinance prohibiting camping in the immediate vicinity of the interim shelter site and at the Mahon Creek path after the camp there is closed.

Staff are developing targeted parking enforcement to prevent overnight RV and car camping on streets. The police homeless outreach unit will also have offices on site.

“Your meeting tonight is simply an attempt to make a predetermined plan look legitimate,” said resident Jennifer Wallace.

Alicia Owens, a formerly homeless resident who benefited from the city and county services to find housing, said she understands the frustration. However, she said she was disappointed and embarrassed by the behavior of the detractors. She said that two years ago, 80 unhoused people died in Marin.

“So if you want to know why the rush, it’s because any more time gone where people are unhoused and untreated is negligence and it’s chaos and it’s the breakdown of a society,” she said. “Knock it off.”

Members of the City Council eagerly supported the project.

“If we can offer a bed, warmth, stability and a path forward, then we must,” Councilmember Rachel Kertz said.

“It is not quick. It is not easy. And wow, it is not cheap, but it works,” Councilmember Maribeth Bushey said of interim shelters.

The Marin County Board of Supervisors unanimously approved the agreements on Tuesday.

Regarding the pending litigation, Marin County Counsel Brian Washington said, “We have no legal concerns in our office,” stating that the process to date “fully complies with the Brown Act.”

The supervisors were united in their support for the project.

“My commitment is to make sure that this is as successful as possible, and I encourage all of the neighbors to partner with us in getting to that outcome,” said Supervisor Eric Lucan.

Supervisor Mary Sackett, whose district includes the shelter site, said, “My door remains open. I want to continue to hear from the neighborhood at every step of the way. If things aren’t working, I’m not going to wait for the next public meeting. I want to hear about them. We want to be responsive to them to the extent that we can.”

Officials are planning community meetings on Dec. 9 and Jan. 14 to collect public comments on the interim shelter site plan, the good neighbor policy, the procurement of cabins and security and the affordable housing development.

More information is at bit.ly/4i84LEf.