Note from Mike Zint of First They Came for the Homeless

August 26, 2018

Please read this. First thing, the wording on 647e is not “unpermitted,” it’s illegal lodging. Lying on public property is illegal, according to the mayor. It’s city property. But the city is owned by the people. Unpermitted objects? You mean poor people’s property is not allowed. A traveler visiting Berkeley will be permitted to put their travel gear there.

Do we let them get away with this, or do we fight for our public property?

To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Enforcement Policy for Downtown Berkeley BART Plaza

RECOMMENDATION

Adopt a Resolution setting enforcement priorities for the Downtown Berkeley BART
Station Plaza (“BART Plaza”) prohibiting lying and camping and directing the City
Manager to enforce Penal Code Section 647(e) at BART Plaza, Berkeley Municipal
Code Section 14.48.020 regarding unpermitted objects obstructing sidewalks, and
Berkeley Municipal Code Chapter 13.36 relating to lying on public property, in addition
to all other applicable laws.

BACKGROUND

Construction of the new Downtown Berkeley BART Station Plaza, on the west side of
Shattuck Avenue between Center Street and Allston Way, is expected to be completed
in September 2018. The $7.6 million project is designed to improve both safety and
walkability, creating more open space and activating underutilized sidewalk space.
The Plaza will serve as the main gateway for many people arriving to Downtown via
BART, AC Transit, or UC Berkeley Bear Transit Shuttle, which combined has a total of
30,000 commuters daily at this location. To ensure the safety and promote a plaza that
is welcoming to all, enforcement of the following regulations is needed:

 California Penal Code Section 647(e): Unpermitted lodging
 Berkeley Municipal Code Section 14.48.020: Items obstructing sidewalks
 Berkeley Municipal Code Section 13.36: Persons obstructing sidewalks

No new laws are being created; the purpose of the Resolution is to prioritize
enforcement of existing laws.

FINANCIAL IMPLICATIONS
Staff time

CONTACT PERSON
Jesse Arreguin, Mayor 510-981-7100

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