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Berkeley council adopts encampment policy allowing limited enforcement after broad public debate
Summary
After hours of public comment, Berkeley City Council approved a resolution and first‑reading ordinance changes that preserve a shelter‑first commitment while authorizing enforcement in narrowly defined, high‑risk encampments. Supporters cited fire and health hazards; opponents said sweeps risk harm to medically vulnerable residents.
Berkeley City Council on Sept. 10 adopted an encampment policy resolution and a related first reading of revisions to the municipal code that the author said preserve the city’s commitment to offer shelter "when feasible" while allowing enforcement of state and local laws in narrowly described circumstances.
Councilmember Kesarwani, the item’s author, told the council the measure responds to recent changes in federal case law and is intended to strike a balance between offering shelter and addressing persistent, hazardous encampments. "Now that the Martin v. Boise standard has been overturned, it's important to state our intention to continue to offer shelter when feasible," she said.
The resolution lists six exceptions that, according to the staff report and Kesarwani’s presentation, target sites posing imminent fire, public‑health or other safety hazards and those that repeatedly obstruct the public right‑of‑way. Kesarwani said the on‑dais edits removed explicit phrasing about "citation and arrest" and replaced it with the narrower formulation "enforcement of state and local laws," adding that arrest would remain a tool of last resort as part of normal law‑enforcement authority.
The item drew more than three hours of public comment before deliberations. Clinicians and street‑medicine providers warned that sweeps can interrupt treatment and threaten patient safety. "Please do not pretend that sweeps help the health and safety of my patients. They do not," said Olivia, a nurse practitioner who identified herself as the medical director for street medicine at Lifelong Medical Care.
Service providers and advocates urged alternatives including expanded shelter capacity, sanctioned camp models, better sanitation and sustained outreach. Representatives of several local businesses and arts organizations described fires, blocked egress, rat infestations and other hazards near long‑running encampments on Harrison and 2nd Street and urged tools to address them.
Council debate focused on two themes: reaffirming Berkeley’s shelter‑first approach and ensuring staff have limited, clearly defined authorities to intervene in the most dangerous, persistent situations. After a failed substitute motion to narrow and study enforcement steps further, the council approved the main motion as amended and asked staff for an off‑agenda memo describing the city’s outreach and shelter‑offer procedures before additional enforcement steps are taken.
The final roll call on the resolution was: Kesarwani, Kaplan, Bartlett, Trego, Hahn, Weingraff, Humbert and Mayor Aragon voting yes; Luna Parra voting no. The motion carried.
What happens next: the council approved the resolution and a first reading of the ordinance amending chapter 14.48 of the Berkeley Municipal Code and directed staff to return with administrative regulations and an outreach memo describing how shelter offers and case coordination will be carried out in practice. Councilmembers and staff said the city will continue its housing‑first work and pursue additional shelter capacity through local revenue measures.
The council scheduled no immediate forced clearances as a result of tonight’s vote; staff said that any future actions would follow the newly adopted policy, established administrative regulations, and established outreach procedures.
