Berkeley may start cleaning up problematic homeless camps
"We need to be more aggressive in our approach," Rashi Kesarwani said, adding that the city will continue to offer shelter as often as it can.
The Berkeley City Council is set to vote Tuesday night on what could be a more "aggressive" approach to cleaning up some of its homeless encampments.
The resolution, put forward by council members Rashi Kesarwani, Susan Wengraf and Mark Humbert would allow the city to "take enforcement actions," including arrests and citations, at camps that are deemed hazardous or otherwise in the way.
The city would continue to prioritize its "Housing First" approach to addressing homelessness — but proponents of the item say business as usual isn't working.
Kesarwani, who represents northwest Berkeley, said she has been particularly concerned about encampments in the Harrison Street corridor as well as around Second and Cedar streets and on Fourth Street near Jones and Page streets.
She described those areas as "places where the fire and health hazards are so severe and the safety issues for residents and businesses and workers and visitors are outweighing that desire to provide shelter."
"We need to be more aggressive in our approach," Kesarwani said. "It's just not fair to the neighborhood to allow this to continue."
She said the city would continue to offer shelter as much as possible when an encampment is closed.
"We are trying to do the best we can to offer care," Kesarwani said, "but, when it's refused or when people move around and new people come to an area, we have to be realistic about what we can do to balance our desire to provide care but also ensure public safety."
Read more about homeless camps in Berkeley.
Council members Kesarwani, Wengraf and Humbert all sent email alerts in advance of Tuesday night's meeting to urge constituents to express their support for the item.
"The City is newly able to consider this nuanced approach after The City of Grants Pass v. Johnson decision overturned prior legal precedent," Humbert wrote. "I want to emphasize that I do not support every aspect of that decision or its consequences. Nevertheless, Councilmember Kesarwani’s proposed policy is a balanced approach that continues the City’s commitment to offer shelter whenever practicable, while also allowing City staff to address encampments that pose a fire, imminent health hazard or other serious risk as narrowly defined in the Berkeley Municipal Code."
The resolution lays out six circumstances where enforcement could take place: if BFD determines there is a fire hazard; if environmental health staff determine there is an "imminent health hazard"; if the city declares a public nuisance; if an encampment is "in dangerous proximity to traffic"; or if a camp is too close to authorized construction work or other authorized maintenance work.
In those instances, "The City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e)3; or citation and arrest, even if a shelter offer cannot be made."
Meanwhile, Councilwoman Sophie Hahn has said she believes the policy should go to a committee for consideration before a full council vote — in part because the city already has the tools it needs to enforce the law, she said.
"We can clear that camp today," Hahn said, of the Harrison Street encampment. "We don't need a policy change."
"The tools we already have work," she added. "This is not how we do policy."
Firefighters tackle a recent encampment fire in northwest Berkeley near Eighth and Harrison streets. Berkeley Rep
In recent weeks, a large encampment fire that broke out at about 9:30 p.m. Aug. 21 destroyed several tents near Harrison and Eighth streets and damaged property in the area belonging to Berkeley Rep.
"The fire was so intense that the heat melted a section of the steel fence that protects our facilities, thus compromising the safety and security of our property, staff, and volunteers at that location," Berkeley Rep Managing Director Tom Parrish told city officials in a recent email.
Parrish also noted that the fire could have been much worse — but an employee happened to spot it while working late. She was able to alert Berkeley firefighters so they could respond quickly.
In his email, Parrish said that fire was only the latest in a string of incidents that have posed challenges for the organization at its northwest Berkeley location.
"We have deep compassion for those individuals who, by circumstance or by choice, do not have permanent housing," Parrish wrote, "but their years-long presence on the streets and sidewalks abutting our buildings has deteriorated the safety and security of everyone in the area."
Other nearby businesses have also reported serious challenges, including employees resigning due to safety concerns.
Emilie Raguso
According to Tuesday's resolution, the Harrison Street corridor has averaged one police call a day and one fire call every 4.5 days, levels that are "elevated" compared to a similar area.
From August 2023 to July 2024, more than 250 requests for police service came in, 45% of which were deemed "high priority."
During that same period, BFD got nearly 80 calls for service in relation to 60 fires and 18 requests for medical help, according to the council item.
Second and Cedar saw a similar activity level, according to the resolution.
Emilie Raguso
The council item also lauds Berkeley's efforts in recent years to reduce unsheltered homelessness: From 2022-24, the size of that population dropped 45% while sheltered homelessness fell 54%, according to the item.
Overall, the city has seen a 21% reduction in homelessness — compared to a 3% drop in Alameda County overall.
Current estimates put the city's homeless population at 844 people, 445 who are unsheltered and 339 who are sheltered.
Many of those who are unsheltered stay in West Berkeley, according to the council item, resulting in "significant health and safety impacts in the Harrison Corridor, including dead animals, open food sources and spoiled food, used uncapped drug needles, combustible materials like flammable gas containers inside unsafe wooden structures, bottles of urine, human feces, animal feces, soiled clothing and sheltering material, and other unidentifiable liquid and waste products, according to an August 2023 off-agenda memo from the City Manager."
Emilie Raguso
Critics of the resolution have announced plans to oppose the item in typical Berkeley fashion.
The Berkeley Homeless Union will march to the City Council meeting Tuesday night and hold a rally against the resolution, which the group says will "criminalize living in public."
"Tell Berkeley City Council: Don't sweep and criminalize unhoused community member," one woman wrote on X.
The Berkeley Homeless Union and others will be marching to the City Council meeting on Tuesday night! All are welcome to march along in solidarity with our unhoused neighbors and community members.
— Mama Lisa (@LisTeague) September 9, 2024
Meet at 5pm at Cedar Street and San Pablo Avenue. pic.twitter.com/aOA9IR3brw
The Scanner plans to cover the meeting live. Follow along on X for live tweets from the meeting.
The Berkeley City Council meets Tuesday at 6 p.m. at 1231 Addison St. in the School District Board Room. See the full agenda and other meeting details on the city website.
Note: Councilman Mark Humbert is also an item co-sponsor. This story was updated after publication to reflect this.
