Stop Berkeley’s Anti-Homeless Laws: Berkeley City Council

A rally on the steps at 6:00 PM.
Council meeting begins at 7:00 PM.

Agenda item #28 (anti-homeless ordinances) Improve Conditions on Our Community Sidewalks; Amending Berkeley Municipal Code Chapters 13.36 and 14.4 may not be heard until after 9:00 PM.

Also there will be agenda item #24 City Manager Referral: Implementation of Tier One Recommendations from the Homeless Task Force

Also, check out the press conference the day before.

#28

From: Councilmembers Maio, Capitelli, Droste, and Mayor Bates

Recommendation: Discuss and refer the following services and ordinances to the City Manager for implementation, and adopt first reading of three Ordinances:
1. Adding Section 13.36.085 to the Berkeley Municipal Code prohibiting urination and defecation in public places.
2. Amending Sections 14.48.020 and 14.48.170 of the Berkeley Municipal Code regulating use of sidewalks.
3. Adding Section 13.36.040 to the Berkeley Municipal Code prohibiting obstruction of City-owned planters and trees.
Additional Services:
1. Create a secure storage facility for personal belongings; bins must be of adequate size, of reasonable number (estimate of 50 – 100 at the outset) and ensure reasonable access, with posted hours.
2. Provide additional bathrooms in the Downtown and Telegraph areas.
3. Provide mobile showers and bathrooms for public use.

Ordinances Would Disallow:
1. Urination and defecation in public spaces.
2. The placement of personal belongings on sidewalks and plazas covering more than 2 square feet during the day, from 7 a.m. to 10 p.m. (storage to be provided).
3. The placement of a wheeled mobile unit, no more than 6 square feet in size (i.e. a standard shopping cart) during the day, from 7 a.m. to 10 p.m. for no more than one hour in one location after which time the unit must be moved to a different block face (storage to be provided).
Note: Purpose of #2 and #3: Amend Berkeley Municipal Code Chapter 14.48 so the Traffic Engineer may adopt regulations and ensure that public streets, and especially sidewalks, are fully accessible and usable for the purposes for which they were constructed and intended, specifically the movement of goods and traffic, pedestrians and wheelchairs.
4. Lying inside of planter beds or on planter walls.
5. Personal items affixed to or placed on public fixtures including poles, bike racks (except bikes), planters, trees, tree guards, newspaper racks, parking meters and pay stations. Pet leashes exempt only as not prohibited in BMC 10.12.110.
6. Placement of personal objects in planters, tree wells, or within 2 feet of a tree well to enable tree care and to protect tree trunks.

In Addition:
A. Provide public notice before enforcement, including direct interaction with persons to explain the ordinances, location of storage facilities, and location of services.
B. Prior to issuing a citation regarding personal belongings persons shall receive an initial warning with information regarding available storage.
C. Refer to the budget process extending transition-aged youth shelter hours beyond winter months. D. Make public restrooms available and well publicized. Involve BART in exploring possible locations.
E. Ordinances concerning the placement of personal belongings and wheeled mobile units on sidewalks will not be enforced until storage services are in place.

#24

From: Councilmember Arreguin
Recommendation: Refer to the City Manager to develop a plan to implement the Tier One Recommendations of the Homeless Task Force, which involve expanding the City’s Homeless Outreach Team and Mobile Crisis Team, increasing funding for the Crisis Intervention Training (CIT), increasing the number of public restrooms, and providing additional storage spaces and warming centers for the homeless population.