In addition, the chart below provides a breakdown of the self -reported vulnerabilities of those in the encampment, relative to the self -reported vulnerabilities in our overall homeless population, showing how disproportionately vulnerable the residents of this encampment are:
By all accounts, these are people who would already otherwise be eligible and prioritized for Permanent Supportive Housing in Alameda County . Importantly, this proposal would not make anyone who is not already on the PSH Priority List eligible for permanent supportive housing. 57 57
66 72 75 78 81 81 84 84 84 84 84 84 87 87 90 90 90 93 93 93 93 96 96 99102102 0 20
40 60
80 100
120
Harrison Street Encampment: Resident CES Assessment Scores
51.7%
65.5%
79.3% 86.2% 82.8%
0.0%
88.9%
18.3%
33.1%
41.4%
62.3%
30.6%
0.8%
24.2%
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
80.0%
90.0%
100.0%
Developmental
Health
Condition
Physical Health
Condition
Substance Use
Condition
Mental Health
Condition
Chronic Health
Condition
HIV/AIDS Chronically
Homeless
Harriosn Street Encampments: Resident Disabling Conditions Harrison Street Berkeley PIT Count
Instead, it would offer those residents in the encampment census who otherwise are already on the priority list the first referrals to any upcoming permanent housing vacancies. In other words, it would, temporaril y and on a pilot basis, limit the County’s priority pool only to those in the encampment census who otherwise qualify for permanent supportive housing under the existing established Federal and CoC Coordinated Entry policies, and keep it that way until everyone has had a housing offer. It does not otherwise change the prioritization algorithm in any way.
(2) This request is allowable under Federal Fair Housing law.
The essence of Federal Fair Housing law is that housing access must not discrim inate against, or cause disproportionate impacts on the basis of, a protected class status. To preempt any Fair Housing concerns associated with the targeting of this encampment for housing resources, the City of Berkeley contacted the HUD Region IX Program Compliance Division for guidance (see Attachment 1). We were advised that such an analysis c an be performed by comparing the demographics (race, ethnicity, disability, and gender) of all residents currently living in encampments in the encampment and who are on the PSH priority list to their representation in the North County and Alameda County PSH priority lists, to determine if any protected class groups will be disproportionately impacted by giving a priority or preference to the encampment.
To this end, Berkeley staff and our nonprofit contractors spent weeks collecting and compiling into HMIS the demographic data of everyone known to be living in the encampment, and found the following demographics for persons on the priority list within the encampment:
4 2.2
48.1 3.1 5.2 1.8
35.5 2.9 2.5
47.3 3.6 3.8 1.7
38.2 4.5
0 50
0 4.5
0 40.9
0 10
20 30
40 50
60 American Indian,
Alaska Native, or
Indigenious
Asian or Asian
American
Black, African, or
African American
Doesn't know/not
collected
Multi-Racial Native Hawaiian
or Pacific Islander
White
Resident Racial Background
Alameda County Housing Queue North County Housing Queue Harrison Street Housing Queue
From these analyses, we see no compelling evidence that this proposal would disproportionately impact any protected racial and ethnic classes; if anything, it would better serve Black/African American and Indigenous homeless residents, those races most dis proportionately represented in Alameda County’s homeless population and the key focus of the County’s own stated racial equity goals for our homeless response system.1
While the gender distribution in our analyses do reveal a skew towards those identifying as male, we have evidence that this skew is not necessarily a result of the Harrison St demographic make- up per se, but could reflect systematic bias in Coordinated Entry access at this encampment: o f
1 See: https://everyonehome.org/wp-content/uploads/2020/10/EveryOneHome_10.20_Summary_FINAL.pdf
1.3 19.1
79.7 2.5
12.4 85.1
0 18.2
81.8 0
10 20
30 40
50 60
70 80
90 Doesn't know/not collected Hispanic/Latin(a)(o)(x) Non-Hispanic/Non-Latin(a)(o)(x) Resident Racial Background
Alameda County Housing Queue North County Housing Queue Harrison Street Housing Queue
0.5 0.2
42.5 56.5
0.30.6 0.6
38.9 59.9
00 0
27.3 72.7
0 0
10 20
30 40
50 60
70 80
A gender other than
singularily female
Data not collected Female Male Transgender
Resident Gender
Alameda County Housing Queue North County Housing Queue Harrison Street Housing Queue
the 12 residents identifying as female at this encampment, 6 have been assessed for CES and 6 have not (50% of females are assessed). Meanwhile, of the 25 residents identifying as male, 22 have been assessed and 3 have not (88% of m ales are assessed).2 The overall distribution of females to males in the encampment is closer to 50%, but females are clearly not receiving assessments at the same rate as m ales—despite a recent sustained “assessment blitz” in early July by the City and its providers to all encampment residents here. Thus, we assert that the slight skew towards males in our analyses do not reflect a Fair Housing concern with the proposal per se, but rather a deeper underlying equity problem in Coordinated Entry access at encampments by gender that is worth further consideration from the CoC , and further underscores the validity of a pilot approach to prioritizing this encampment.
(3) This request is especially urgent because of the considerable fire and life safety hazards at the encampment
Aside from t he fact that these residents are, by and large, already the very residents our Coordinated Entry system would prioritize for permanent supportive housing, they face an unusual exposure to additional health and safety threats simply by virtue of their livin g in this encampment setting: the area was recently declared an imminent health hazard, pursuant to Berkeley Municipal Code 11.36.030, by the City’s Environmental Health Manager, due primarily to the rodent harborage conditions and extensive network of rodent burrows in the encampment (see attachment 2), and according to the Berkeley Fire Marshal is experiencing an unusually high and concerning number of fires and fire -related calls (see attachment 3). In other words, aside from the documented personal vulnerabilities of the people living in this encampment, they are exposed to unusually intense environmental vulnerabilities.
Many years ago, our nation’s health experts realized that health is not simply a factor of personal vulnerabilities; the environment one lives in can expose people to additional health risk factors, and population level health requires the mitigation of environmental risk factors. Indeed, many of our County’s recent public health initiatives have explicitly prioritized communities for interventions on the basis of environmental or geographic risk: most recently, we explicitly prioritized COVID testing and vaccine resources to those ZIP codes most likely to experience socioeconomic conditions, such as crowded housing or employment in an essential service, that made them disproportionately vulnerable to the disease . Ironically, Alameda County homeless service providers often speak about homelessness not just as a housing crisis but a health crisis too, and speak of housing as a healthcare intervention—but we have taken few affirmative steps to explicitly prioritize the environmental factors that also dictate a homeless person’s health when making Coordinated Entry prioritization decisions.
If a chief moral imperative of Coordinated Entry in our CoC is to assist those people who are most vulnerable to serious illness and death on the streets, then by any measure — personal or environmental --the residents of this encampment are as or more vulnerable than any in our County . The urgency of the ir situation, in the opinion of the health and fire experts in our City, should increase their priority for housing.
2 The remaining 10 clients on the census have not provided us with any information as to their gender identity.
CONCLUSION
The City of Berkeley has done—and with the recent State ERF-2 grant announcement, will do— everything within our power to serve and end the homelessness of those living in the deplorable conditions at the Harrison and 8 th St encampments. But we cannot resolve this encampment on our own, which is why we respectfully request a pilot program that would offer these residents— assuming they otherwise qualify for PSH—the first offers for new PSH vacancies, until such time as everyone eligible has been made an offer.
Rationing scarce resources efficiently—which is the fundamental essence of Coordinated Entry— requires that we start somewhere. This memo has argued that starting with the residents of the Harrison and 8th Street encampment is justified, legal, and especially urgent. Necessarily, wh en rationing resources, there will always be “winners” and “losers.” In our current system, residents of entrenched and dangerous encampments have systematically been the “losers” for far too long—and it’s time we put them at the front of the line.
Respectfully submitted,
Peter T. Radu
Assistant to the City Manager - Neighborhood Services
City of Berkeley
2180 Milvia St, 5th Floor | Berkeley, CA 94704
Desk: 510-981-7045 | Cell: 510-853-2368
Email: [email protected]
ATTACHMENTS:
1. Correspondence with HUD Region IX Program Compliance Division on Fair Housing Law analysis guidance, Feb – May 2023
2. Memo from City of Berkeley Environmental Health Division Manager re: Conditions of Imminent Health and Safety Hazards at the Eighth St. and Harrison St. corridor, May 2023
3. Memo from City of Berkeley Deputy Fire Marshall re: Fire Department Incident Responses to Encampment at Harrison, Seventh and Eighth Streets, May 2023
Encampment Map:
2nd St, Page St, Jones St, Cedar St – Berkeley, CA
Areas circled in RED are the streets and sidewalks where encampments currently reside.
Berkeley Police Department
Date: January 10, 2024
To: Peter Radu, Assistant to the City Manager
From: Arlo Malmberg, Data and Policy Analyst, Berkeley Police Department Subject: Public Safety Concerns at the 2nd Street Encampment Zone
The data from the area bounded by Eastshore Hwy, Cedar St., 3rd St., and Page St. indicates a significant public safety concern, with a marked increase in calls for service and crimes over the past year. In 2023, calls for service jumped to 247 from 169 (+46%) in the previous year, and reported crimes rose to 69 from 60 (+15%). Commercial burglary was the most prevalent crime type, with 27 incidents reported. The data suggests a worsening safety situation, particularly around the 2nd St. encampments.
In the opinion of BPD, any resources that can resolve this encampment by moving its residents inside and away from this encampment is likely to improve the public safety issues in this area.
2023:
2023:
Health, Housing &
Community Services Department
Environmental Health Division
Date: January 12, 2024
To: Peter Radu, Assistant to the City Manager
From: Ron Torres, Environmental Health Manager
cc: Amy Davidson, HHCS Deputy Director
Subject: Declaration of Imminent Health Hazard for areas of Second Street between Page and Cedar Streets
Environmental Health staff assessed the conditions of the subject area and found significant areas of concern with regard to the health and safety of the residents in this area and to the public in general. In addition, significant environmental impacts to water quality were observed. These concerns are included in the attached report which identifies several areas along the Second Street corridor between Page and Cedar Streets.
I believe that the conditions documented in attached report rise to the level of an imminent health hazard with significant environmental impacts. Findings include:
• Used hypodermic needles
• Extensive rat burrow systems and harborages with abundant food sources and putrescible waste (rotting food) helping to support a significant rat population • Direct contamination of the of the City’s storm water drainage system To minimize the impact to the residents of this encampment and general public, we strongly recommend prioritizing this encampment for any resources, including the State of California Encampment Resolution Funding program, that can lead to a quick and humane resolution of this encampment and its conditions.
Respectfully,
Ron Torres
Environmental Health Manager
City of Berkeley
January 4, 2024
2nd St Between Cedar St and Second St
2 3
4 5
6 1
7 8
9 10
11
1. Violations:
a. Rodent Harborage: rat burrows
PROPOSED REMEDY: Treatment of CO2
(BMC) 11.32.050. Rodent harborage--Main tenance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin.
b. Ro
dent harborage - food
sources & rubbish
(BMC) 11.32.050. Rodent harborage--Maint enance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health.
2. Violations:
Storm Drain with rubbish
(BMC) 17.20.030 No matter other than stormwater may be discharged into the stor m drain system (BMC) 17.20.050 Affirmative duty to prevent contamination of stormwater by pollutants--Manner of conducting specified activities. Any person engaged in activities which will or may result in pollutants entering the storm drain system shall undertake all practicable measures to reduce or prevent the contamination of stormwater by pollutants. Such measures shall include, but are not limited to, adherence to the following requirements:
(A.) Littering prohibited. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant that enters the storm drain system; provided however, that nothing in this section shall be construed to prohibit the disposal of garbage, rubbish or other waste in a lawful manner as provided in Berkeley Municipal Code Chapter 11.16 (Waste Collection and Disposal) or Chapter 12.32 (Refuse Disposal), or the disposal of recycled materials in the manner provided for pursuant to Chapter 12.36 (Recycled Materials Collection Program), or the disposal of garbage, rubbish or other waste in lawfully established dumping grounds.
3. Violations:
Rodent harborage – rat run & burrow
PROPOSED REMEDY: Treatment of CO2
(BMC) 11.32.050. Rodent harborage--Main tenance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin.
4. Violations:
Rodent harborage - food sources & rodent droppings
(BMC) 11.32.050. Rodent harborage--Maint enance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health.
5. Violations
Rodent harborage - food sources & rubbish
(BMC) 11.32.050. Rodent harborage--Maint enance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health.
6. Violations:
Rodent harborage - rubbish
(BMC) 11.32.050. Rod ent harborage--Maintenance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health.
7. Violations
a. Rodent Harborage – rubbish
(BMC) 11.32.050. Rodent harborage--Maint enance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health.
8. Violations:
Rodent harborage - food sources & rubbish
(BMC) 11.32.050. Rodent harborage--Maint enance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health.
9. Viola
tions:
Rodent Harborage – rub
bish
(BMC) 11.32.050. Rodent harbo rage--Maintenance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health.
10. Violations
Rodent Harborage – rat burrow
(BMC) 11.32.050. Rodent harborage--Main tenance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin.
11. Violations
a. Exposed hypodermic syringes
(BMC) 11.36.030. Imminent health hazards designated.
For the purpose of this chapter, the existence of the following condition is declared to constitute an imminent health hazard: the discharge of sewage, garbage or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom.
b. Rodent Harborage – rubbish, food sources & indications of rat gnawing (BMC) 11.32.050. Rodent harborage--Main tenance prohibited.
No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. (BMC) 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health.
Glossary of Violations:
i. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line.
ii. NFPA 25 – Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2023 Ed.) – Section 5.2.2 Pipe and Fittings, 5.2.2.2 Sprinkler piping shall not be used to support non-system components.
iii. NFPA 25 – Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems (2023 Ed.) – Section 5.4.1 Sprinklers, 5.4.1.7 Sprinklers shall not be altered in any respect or have any type of ornamentation, paint, or coatings applied after shipment from the place of manufacture. iv. California Code of Regulations, Title 19, Division 1, §3.07(a) Clearances.
1. (a) General. No combustible material shall be placed or stored within 10 feet of any building or structure.
2. 304.1.1 Waste material. Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof or in any court, yard, vacant lot, alley,
3. parking lot, open space, or beneath a grandstand, bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure.
v. BFC 114.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.
vi. BFC 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare.
vii. BFC 307.4.3 Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.
viii. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line.
ix. BMC 11.32.050. Rodent harborage--Maintenance prohibited. No person shall possess, occupy or maintain, or cause or permit another person to occupy or maintain, any building, structure, vehicle or any other place in such a condition as will permit the breeding or harboring therein, or thereon, of rodents or any other vermin. x. BMC Sec 11.32.070. Accumulations creating rodent harborage prohibited. No person shall place, leave, dump or permit to accumulate any garbage or rubbish in or upon any building, structure or place so that the same shall afford food and/or harborage for rodents. No person shall accumulate or permit the accumulation on any place, premises or on any open lot any lumber, building material, boxes, paper, rags, excess or dense vegetation, or any material that may be permitted to remain thereon that may serve as a rodent harborage, unless the same shall be placed on open racks that are elevated not less than eighteen inches above the
ground and evenly piled or stacked, or otherwise made reasonably unsuitable as a rodent harborage by such manner as may be approved by the chief of environmental health. xi. BMC 11.36.030. Imminent health hazards designated. For the purpose of this chapter, the existence of the following condition is declared to constitute an imminent health hazard: the discharge of sewage, garbage or any other organic filth into or upon any place in such a manner that transmission of infective material to human beings may result therefrom.
xii. BMC 14.48.020. Obstruction on Streets and Sidewalks. It is unlawful for any person to place or cause to be placed anywhere upon any Sidewalk, Parklet or roadway, any object which obstructs, restricts, or prevents the use of any portion of such Sidewalk, Parklet or roadway, except as set forth in this Chapter or in a regulation promulgated by the City Manager and adopted by the City Council. xiii. BMC 17.20.030. No matter other than stormwater may be discharged into the storm drain system xiv. BMC 17.20.050. Affirmative duty to prevent contamination of stormwater by pollutants--Manner of conducting specified activities. Any person engaged in activities which will or may result in pollutants entering the storm drain system shall undertake all practicable measures to reduce or prevent the contamination of stormwater by pollutants. Such measures shall include, but are not limited to, adherence to the following requirements: (A.) Littering prohibited. No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, or accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private lot of land in the City, so that the same might be or become a pollutant that enters the storm drain system; provided however, that nothing in this section shall be construed to prohibit the disposal of garbage, rubbish or other waste in a lawful manner as provided in Berkeley Municipal Code Chapter 11.16 (Waste Collection and Disposal) or Chapter 12.32 (Refuse Disposal), or the disposal of recycled materials in the manner provided for pursuant to Chapter 12.36 (Recycled Materials Collection Program), or the disposal of garbage, rubbish or other waste in lawfully established dumping grounds.
1 Fire & Emergency Services Department
Fire Prevention Division
Date: January 23, 2024
To: Peter Radu, Assistant to the City Manager
From: Dori Tieu, Deputy Fire Marshal
Subject: Assessment of fire hazards for areas along Second Street between Page and Cedar Streets
On January 9, 2024, Berkeley Fire Department Fire Prevention staff assessed fire safety conditions along the Second Street corridor between Page and Cedar Streets, including half the block of Cedar Street west of Second Street. Staff found some areas of concern with regard fire safety in this area and to the public in general. A majority of the concerns were related to storage of combustible items and rubbish along the corridor providing potential fuel for a fire:
BFC 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare. BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line.
There were a handful of fire code violations related to:
BFC 305.1 Clearance from ignition sources. Clearance between ignition sources, such as luminaires, heaters, flame-producing devices and combustible materials, shall be maintained in an approved manner.
BFC 305.4 Deliberate or negligent burning. It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property.
BFC 305.5 Unwanted fire ignitions. Acts or processes that have caused repeated ignition of unwanted fires shall be modified to prevent future ignition. BFC 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times.
The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
BFC 507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved.
Environmental Health Division Staff completed an assessment of the same area on January 4, 2024. In their memo to Peter Radu, Assistant to the City Manager, they provided an aerial photo of the area and numbered the locations on the map. Below is the photo that Fire will also reference to in this report.
2 2nd St Between Cedar St and Second St
2 3
4 5
6 1
7 8
9 10
11
3 The subsequent photos document examples of the following fire code violations:
BFC 304.2 Storage. Storage of combustible rubbish shall not produce conditions that will create a nuisance or a hazard to the public health, safety or welfare.
BFC 315.4 Outside storage. Outside storage of combustible materials shall not be located within 10 feet (3048 mm) of a lot line.
Area #11 – Encampments along north side of Page Street, east of Second Street
4 Area #11 – Encampments along south side of Page Street, east of Second Street
5 Area #10 – Encampment at southeast corner of intersection of Second Street and Page Street
Area #4 – Storage area approximately a half block south of Jones Street on east side of Second Street
6 Area #4 – Encampments along west side of Second Street, midblock between Jones and Cedar Streets
7 Area #1 – Encampments along south side of Cedar Street, west of Second Street
Area #1 – Encampments along north side of Cedar Street, west of Second Street
8 The following four photos document examples of the following fire code violations:
BFC 305.1 Clearance from ignition sources. Clearance between ignition sources, such as luminaires, heaters, flame-producing devices and combustible materials, shall be maintained in an approved manner.
BFC 305.4 Deliberate or negligent burning. It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property.
BFC 305.5 Unwanted fire ignitions. Acts or processes that have caused repeated ignition of unwanted fires shall be modified to prevent future ignition.
Area #11 – Eastern most encampment along north side of Page Street, east of Second Street
Area #11 – Midblock encampment along south
side of Page Street, east of Second Street
Area #1 – Solar panel charging a DC battery
along the north side of Cedar Street, west of
Second Street
9 The following two photos document examples of the following fire code violations:
BFC 507.5.4 Obstruction. Unobstructed access to fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
BFC 507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved.
Area #1 – Encampment at northwest corner of Second Street and Cedar Street intersection
There have been multiple fires at abandoned warehouses and nuisance fires in proximity to the encampment. A quick search of fires in 2023 resulted in 20 fires within one to two blocks of the encampment. The most recent building fire occurred on January 13, 2024, at 2:15 AM. It became a two- alarm fire with mutual aid that started as an offensive attack and moved to a defensive attack because of the large size of the fire and heavy content loading inside the building. Embers cast from nearby fires could ignite the combustible materials among the encampment and endanger the residents.
The Berkeley Fire Department is concerned about the numerous fire and life safety hazards associated with this encampment, and would recommend prioritizing this encampment for any shelter resources, including the State of California Encampment Resolution Funding program, that can lead to resolution of this encampment and its conditions. We also recommend fire safety education, clean-up of combustible materials, removal of obstructions and tampering of the fire hydrant, and removal of potential ignition sources. We look forward to partnering with you towards a safer future for this encampment Respectfully,
Dori Tieu, Deputy Fire Marshal
CC: Fire Chief David Sprague
Fire Marshal Steve Riggs
Fire Prevention Inspector Shannon Shaffer-Killey
Fire Prevention Files
Harrison Street Corridor RV Operation – Day 1 After Action Report 9/30/21
Harrison between 8th and 7th 8th between Harrison and Gilman
Harrison between 9th and 8th SE Corner of 9th and Harrison
On Wed, Sept 29, 2021, City staff from Neighborhood Services, Public Works, and BPD including Parking Enforcement collaborated in the first of two planned operations to address the RVs encamped along the Harrison St Corridor and neighboring side streets. The City Attorney signed off on the final notice and advised during the planning process. This report provides a brief after-action summary of the operation and its outcomes:
• Reason for operation and timing:
o The operation was planned to coincide with the opening of the Safe RV Parking Program on Grayson Street. A deep cleaning of the area’s streets and sidewalks was planned to help reduce/remove the debris associated with the vehicles after vehicles moved into the program.
o Vehicles in the area were provided a notice of a street sweeping, TNC regulations, and th
e City’s storage policy for unattended belongings on Friday, Sept 24th. Temporary tow- away signage for the day and time of the operation (9/29 and 10/6, 7am – 3pm) was posted on Fri, Sept 24th as well.
• Number of Vehicles and Brief Site Assessment:
o On Sept 23, Neighborhood Services performed a final census of the area. Staff identified 38 oversized vehicles, 35 of which were being used as shelter and potentially eligible for Rv Parking Program referral.
o No vehicles that moved into the area after the census were eligible for referral into the p
rogram.
• History of Outreach/Engagement Attempts:
o Outreach began in preparation for the operation in early September. Neighborhood Services performed numerous visits to advise people of the opening of the Safe RV Parking program, build a referral list, and advise residents there of the possibility of impending parking enforcement.
• Outcomes:
o At the conclusion of yesterday’s operation, Neighborhood Services counted 17 remaining oversized vehicles in the area. This is a roughly 50% reduction in vehicles. The debris/belongings footprint associated with most of the remaining vehicles was substantially reduced.
o A total of 23 vehicles were issued citations for parking violations in the street sweeping zone. Six were dismissed when the vehicle moved. One vehicle was towed. No vehicles being used as shelter were towed.
o Public Works picked up 3.49 tons of debris from Harrison Street, Ninth Street, Eighth Street, Fourth Street and 2
nd Street from Camelia Street to Cedar Street. Harrison Street was mechanically swept and pressure washed.
o As of 5:30pm on 9/29, 6 vehicles from the area had moved into the Safe RV Parking Program. The destination for the other vehicles that relocated is unknown at this time. • Next Steps:
o City staff will reconvene on Friday, Oct 1 to plan for addressing the remaining vehicles. o The second of the two planned operations will be conducted on Wed., October 6th.
Notices will be reposted by Neighborhood Services on Friday, Oct. 1.
City Manager’s Office
2nd Street Deep Cleaning - After Action Report
12/2/21
Page Street - Before Page Street - After
City Manager’s Office
Cedar and 2nd - Cleaned 2nd b/w Camelia and Page - Cleaned
On Wednesday, December 1, 2021, City staff from Neighborhood Services, Public Works, and BPD collaborated to perform a deep cleaning of the 2nd Street Corridor from Cedar to Camelia in West Berkeley. The scope of the operation was to remove the huge accumulation of debris in the area, as well as address an encampment on private property on Page between Eastshore and 2nd. No one on public property was required to move or relocate, nor to part with anything they did not want to. This report provides a brief after-action summary of the operation and its outcomes:
• Reason for the operation:
o A large accumulation of debris, trash, and hazardous materials (large quantities of loose and uncapped syringes, human waste) in the public right of way that required a dedicated crew to fully address.
o An encampment that was located on private property, where the owner had submitted trespassing complaints and requested removal of the encampment pursuant to CA Penal Code 602.
• Scope of the operation:
o The target area was 2nd Street between Camelia and Cedar, as well as an encampment on private property on Page St between 2nd and Eastshore. o The public right of way in the area had roughly 25 RVs and 4 tents/structures on the day of the operation.
o The private parcel had 8 tents/structures on the day of the operation.
City Manager’s Office
• Outcomes:
o 7.47 tons (14,900 pounds) of debris were removed from the area. o One referral for an RV (parked adjacent to the private parcel) was made for the Grayson Street Safe Parking Program and was accepted. One RV, known to be unoccupied, was towed.
o No arrests/citations were issued.
o On the private parcel:
▪ Five tents were unattended and were removed. Nothing was stored as there were serious health hazards including numerous loose and scattered syringes. ▪ Three tents/structures were attended at the time of the operation; two voluntarily relocated. The third did not and so was not removed, and will be addressed at a later time.
▪ Two shelter offers were made to Horizon and one was accepted.
City Manager’s Office
2nd Street Deep Cleaning - After Action Report
4/19/22
2 nd near Cedar - Before 2nd near Cedar - After
2nd near Jones - Before 2 nd near Jones - After
City Manager’s Office
Page St - Before Page St - After
On Tuesday, April 19, 2022 the Homeless Response Team performed a deep cleaning of the 2nd Street Corridor from Cedar to Camelia in West Berkeley. The scope of the operation was to remove the huge accumulation of debris and rodent harborage conditions in the area, which negatively affects both the residents and the surrounding businesses. No one was required to move or relocate, nor to part with anything they did not want to. This report provides a brief after-action summary of the operation and its outcomes:
• Scope and Re ason for the operation:
o The target area was 2nd Street between Camelia and Cedar, as well as Page St between 2nd and Eastshore.
o A large accumulation of debris, trash, and hazardous materials (large quantities of loose and uncapped syringes, human waste, appliances, flammable materials like propane tanks and gasoline containers) and rodent harborage conditions (open and rotting food sources) in the public right of way that required a dedicated crew to fully address. o Recent fires in the area (one on the southwest corner of 2nd and Page that destroyed an RV, another on Page St between Eastshore and 2nd) pose safety risks to the unsheltered as well as the surrounding business community.
• Outreach/Assessment and Notificat ion Efforts:
o Neighborhood Services staff performed a site assessment on April 11 and noted 20 RVs and 8 tents/structures in the target area. On the day of the operation, staff noted 19 RVs and 7 tents/structures.
o Written notice was provided to residents in the area on April 12.
City Manager’s Office
o Outreach was provided by Neighborhood Services on April 12, 13, 15, and 18, to inform residents of the upcoming intervention and make shelter offers. No shelter offers were accepted.
o Neighborhood Services also coordinated with Street Medicine staff from LifeLong Medical Care
in the week prior to the operation, allowing outreach from trusted (non -City) providers and thus providing additional notice and preparation for the operation. • Outcomes:
o 11.67 tons (23,340 pounds) of debris were removed from the area. o Shelter was offered to 2 individuals bu t it was declined. o Animal Services was engaged to assess two RVs with dogs on Page St, including one with a suspected abandoned/neglected dog inside. Notice was provided and Animal Care Services will continue to engage.
o No arrests/citations were issued.
City Manager’s Office
2nd Street & Page St Encampment Closure - After Action Report 11/30/22
2nd Between Page and Camelia - Before
2nd Between Page and Camelia - After
City Manager’s Office
Page St - Before Page St - After
On Tuesday, August 31, 2022 the Homeless Response Team (HRT) closed the vehicle and tent encampments along 2nd and Page Streets in West Berkeley. Beginning in September, this area has been undergoing major street and sidewalk construction as part of the Gilman/I-80 interchange project.
Phase II of this construction project, which includes 2nd St from Camelia to Page and the north side of Page St from 2nd to Eastshore, is scheduled to begin on December 1. To meet this deadline, the scope of the present operation was to remove all tents and vehicles in the construction corridor. This report provides a brief after-action summary of the operation and its outcomes:
• Scope and Reason for the operation:
o The target area for the operation was the north side of Page St between Eastshore Hwy to 2nd St, and 2nd St from Page St north to Camelia St. Beginning in September, the greater area has been undergoing major street and sidewalk construction as part of the Gilman/I-80 interchange project, with Phase II in the target area beginning on December
1. Neighborhood Services and Public Works have been coordinating closely with CalTrans on construction phasing and timing.
o The target area was found to be in violation of the City’s street and sidewalk policies (BMC sections 14.48.020 and 14.48.120).
o Growing accumulation of debris, trash, and hazardous materials (syringes, rodent harborage conditions) in the public right of way.
• Brief Site Assessment
o The Homeless Response Team has performed numerous assessments of the target area alongside outreach efforts. On both November 15 and Nov 12 (date of first and second rounds of written noticing, respectively), staff observed 6 residents and 4 trailers/RVs, and posted 10-12 written notices. On the day of the operation, staff encountered 6 residents and 3 trailers/RVs remaining in the construction area.
City Manager’s Office
o The HRT repeatedly observed numerous health and safety violations in the area, including loose and scattered syringes; live and dead rodents and rodent harborage conditions including accumulated trash and debris and open food sources; and debris and belongings, including tents, spilling into the lane of traffic. • Outreach/Assessment and Notification Efforts:
o The HRT as well as the City’s contracted homeless providers have provided regular outreach to this area for many months, including garbage service and the provision of a port-a-potty and wash station.
o Beginning in August, once the HRT learned of the timeline for construction in the target area, Neighborhood Services convened a weekly case conference of numerous contracted homeless providers and outreach workers, including representatives from HHCS and Alameda County, to build a robust by-name list of everyone in the area, with the goal of (1) connecting them to as many services and housing opportunities as possible; (2) coordinating their care across multiple agencies; and (3) providing thorough and advance notification of the upcoming construction and City encampment interventions to prepare for it.
o Two rounds of written notice of the operation were provided to residents in the area (on Nov 15 and 22), providing 2 weeks of formal notice. This was accompanied by outreach to explain the scope and purpose of the operation to residents in the area, along with the distribution of maps to clearly identify the construction zone to be vacated.
o No Parking/Tow Away signage was posted on November 23, providing more than 72 hours’ notice.
• Outcomes:
o All residents, including those living in vehicles, voluntarily relocated by or before the morning of the operation. Shelter was not offered on the morning of the operation, as the population in the area had been previously offered shelter and had all declined. HRT will continue to collaborate with our nonprofit service providers to assist these residents into permanent housing wherever possible and as outreach resources allow. o No vehicles being used as residences were towed, but three passenger vehicles (all unattended and inoperative) were towed to impound, one after having received targeted treatment to abate rodents living in the vehicle. o 5.75 tons (11,500 pounds) of debris were removed from the area. As residents were given ample notice to vacate, as well as some time during the morning of the operation to remove a last round of wanted belongings, no storage for belongings was provided. o No arrests/citations were issued.
Homeless Response Team
East side of Page at 2nd Partial Closure, and 2nd Street Deep Cleaning Between Cedar and Page - After Action Report
03/22/23
East side of Page at 2nd Street- Before East side of Page at 2nd Street- After
2nd Street – Structural Fire 2nd and Page Street- Burnt RV
Homeless Response Team
2nd and Page Street- Stole Vehicle
On Wednesday, March 22, 202, the Homeless Response Team performed a Partial closure on the East Side of Page (at 2nd St) and a Deep Cleaning on 2nd Between Cedar and Page. This report provides a brief after-action summary of the operation and its outcomes:
Reason for closures and closure’s timing:
• East side of Page at 2nd St.
o Debris and belongings impeding the vehicular right-of-way; excessive trash and debris. o Impeding access to a gate for a City sanitary sewer construction project. o Violation of Shared Sidewalk Policies (BMC sections 14.48.020 and 14.48.120) • 2nd Street Between Cedar and Page
o Debris and belongings impeding the vehicular right-of-way; excessive trash and debris; remains of an RV fire.
o Violation of Shared Sidewalk Policies (BMC sections 14.48.020 and 14.48.120) • Final notice of closure was posted on March 17, 2023 for location listed, providing more than 72 hours’ notice.
Number of Individuals at the Encampment and Brief Site Assessment:
• East Side of Page Street at 2nd St.
o Documented conditions of the encampment include: rotting food; loose and scattered syringes; soiled clothing and bedding; dismantled camping gear; evidence of recent fire activity and excessive debris and personal belongings. o The population at this encampment has remained consistent with approximately 6 individuals, all of whom have resided in the area for over a year and was relocated
Homeless Response Team
from the area of 2nd from Page through Camelia due to construction which began December 2022.
• 2nd Street between Cedar and Page
o Documented conditions of the encampment include: rotting food; soiled clothing and bedding; dismantled camping gear; evidence of recent fire activity; and excessive debris and personal belongings.
o An RV which was burned out completely.
o The population at this encampment remained consistent with approximately 15 RV’s parked at the location. However, the area is a highly sought out encampment location due to being less visible. The area does experience a high level of criminal activity in comparison to other encampments throughout the city.
History of Outreach/Engagement Attempts and Shelter Placements:
• East Side of Page at 2nd St.
o Public Works Clean City staff performs weekly cleanings in order to manage the debris and reduce the footprint that builds up quickly and frequently by both the residences of the area and illegal dumping.
o Offers of housing coordination with City contractor BACS. o Receives care from Lifelong Medical Street Medicine Team. o Connection with local organizations such as HAC, and Where do we Go Berkeley o HHCS provides a mobile shower and laundry services through Dignity on Wheels resource to all residences in the area.
o There has been on going outreach beginning mid- March up until the day of the operation by both Berkeley Police CSB unit and Neighborhood Services staff as a way to gain voluntary compliance.
• 2nd street Between Cedar and Page
o Neighborhood Services has attempted outreach, but since many reside in RV’s. engagement has not been successful since they indicate they do not consider themselves homeless.
o Public Works Clean City staff performs weekly cleaning in order to manage the debris and reduce the footprint that builds up quickly and frequently by both the residences of the area along with illegal dumping.
o Receives care from Lifelong Medical Street Medicine Team o Offers of housing coordination with the City contractors BACS o Connection with local organizations such as HAC, and Where do we Go Berkeley.
o HHCS provides a mobile shower and laundry service through Dignity on Wheels resources to all residences in the area.
Outcomes:
Homeless Response Team
• East Side of Page at 2nd Street
o Upon arrival there had been some voluntary removal. There needed to be a bit more for the sanitary sewer project access gate to be fully accessible for construction equipment to safely come in and out. There was one Berkeley Inn referral to a resident in the area which was accepted. He stated that he would need help transporting his dogs’ belongings which BPD agreed to. He then biked over to the motel where he met with a member of the Neighborhood Services Team and was successfully moved in. While the other residents in the area remained, some did in fact voluntarily reduce their footprint by sorting through belongings and disposing to the Public Works crew.
• 2nd Street Between Cedar and Page
o Upon arrival previously there had been a fire in the area where a vehicle was completely burned and displaced 3 people. The owner of the vehicle stated the vehicle could be removed he would need a notice of when that was to take place so that he had time to salvage some of his personal belongings he wished to keep, that requested was accepted by the Neighborhood Services Team and he was given notice on 3/17/2023 providing him 6 days to gather what he needed. There was no shelter provided, the owner was able to establish shelter for himself within the corridor. The vehicle was stripped of all the metal and was not in the same condition as it was on the day which notice was provided, this was not done by the owner. It was later during the clean-up that the resident stated he would be utilizing a vehicle on scene to transport the material, but the vehicle was determined to in fact be stolen and the owner of the vehicle was contacted. He came to retrieve the vehicle. The individual originally wanting to utilize the vehicle to transport the material stated he was housed and left the scene. The driver of the stolen vehicle is someone which the Neighborhood Services Team is familiar with and had previously placed into a motel, she had left the scene shortly after arriving stating a claim that she had lost the keys and was going elsewhere to retrieve a spare and never returning while staff was on scene. The frame of the burnt RV was towed after being stripped of debris. o On the East side of 2nd between Page and Cedar there was a makeshift structural shelter made of plywood and pallets which caught fire and was engulfed in flames within a matter of seconds. Fire arrived on scene determined there was no one inside and extinguished the fire. The fire captain expressed his safety concern for the recent fires in the area stating they have been responding to fires in the area daily.
• No arrests/citations were issued.
• No storage pursuant to AR 10.1 provided.
Homeless Response Team
• 12.68 tons of debris were removed and discarded by Public Works.
Homeless Response Team
2nd St. between Page and Cedar, and on Page St. East of 2nd St. Deep Cleaning - After Action Report
5/9/23
2nd and Cedar- Before 2nd and Cedar- After
Homeless Response Team
2nd and Jones (Unsafe Structure)- Before 2nd and Jones (Unsafe Structure)- After
2nd and Jones- Before 2nd and Jones- After
Homeless Response Team
2nd and Jones- Before 2nd and Jones- After
2nd and Page (Unsafe Structure)- Before 2nd and Page (Unsafe Structure)- After
Homeless Response Team
2nd and Page- Before 2nd and Page- After
On Tuesday, May 9, 2023, City staff from Neighborhood Services, Public Works, Fire, Environmental Health and BPD collaborated to perform a deep cleaning of the 2nd Street Corridor from Cedar to Page in West Berkeley. The scope of the operation was to remove the huge accumulation of debris, hazardous materials, and unsafe unpermitted structures. No one was asked to relocate from the area. This report provides a brief after-action summary of the operation and its outcomes:
Homeless Response Team
Reason for deep cleaning and removal of structures:
2nd St. between Page and Cedar and on Page St. East of 2nd St. o Violation of Shared Sidewalk Policies (BMC sections 14.48.020 and 14.48.120) o Debris and belongings impeding the vehicular right-or-way. o Berkeley Fire Code 114.1.1 Unsafe conditions
o Berkeley Fire Code 315.4 outside storage
o Berkeley Fire Code 304.2 Storage
o Berkeley Fire Code 307.4.3 Portable Outdoor Fireplaces o California Code of Regulations, Title 19, Division 1, §3.07(a) Clearances o Building Code 116.1
o Berkeley Municipal Code 11.36.030 Imminent Health Hazards Designated o Berkeley Municipal Code 17.20.030
o Berkeley Municipal Code 17.20.050
Final Notice of Deep Cleaning was posted May 5, 2023 for the location listed, providing more than 72 hours’ notice.
Number of Individuals at the Encampment and Brief Site Assessment:
2nd St. Between Page and Cedar and on Page St. East of 2nd St. o The population of this area has remained consistent with approximately 25 RVs and 8 tents and 4 structures on the day of the operation. However, the area is a highly sought out encampment location due to being les visible, we frequently see new encampment pop up once one relocates others move in within a day or so. o Documented conditions of the encampment including; human waste; rotting food; soiled clothing and bedding; dismantled camping gear; and excessive debris and personal belongings.
o Data provided by the Fire Deparments indicates there has been History of Outreach/Engagement Attempts and Shelter Placements:
2nd St. Between Page and Cedar and on Page St. East of 2nd St. o Public Works Department conducts weekly cleanings in order to manage the debris and reduce the footprint that builds up frequently, primarily due to safety concerns of the residents and business whom are impacted due to close proximity and the great concern of rodents which affects their businesses.
o Offers of housing coordination with City contractor BACS. o Receives care from Lifelong Medical Street Medicine Team. o Homeless Response Team conducted daily outreach in the are beginning on April 19th.
o There was weekly meeting with partner organization in which there was discussion around on how to best serve the population at the encampment. o A community meeting was held on April 21, 2023 in the area of 2nd St. present was City staff (Neighborhood Services Team, Fire, and Environmental Health),
Homeless Response Team
advocates, and resident as a way we all could best coordinate on best efforts to assist them with the resources required to sustain a safe environment. There was a report provided to all in attendance which was developed by an assessment conducted within the corridor on April 5, 2023 where Fire and Environment Health documented the conditions of the area and determined the desired outcome of the deep cleaning. o Neighborhood Services had tents on hand for the residents whom structures would need to be removed due to Fire recommendations. As a way to mitigate the rodent activity each resident in the corridor received 2 (27 gallon) storage containers where they would be able to store food and other personal belongings. Outcomes:
o 10.85 of debris were removed from the area.
o One RV parked on the East side of 2nd was towed and one van on the West/North corner of Jones and Eastshore Highway.
o Neighborhood Services offered a motel room to a resident whom had previously been on 3rd and Camelia, after several attempts’ appointments made for intake and him being unavailable, the room remained available for him an additional 3 weeks and he successfully moved in on May 9th.
o May 3rd a meeting was held with Public Works to discuss placement of a dumpster to reduce the debris in the vehicular right-of way and it was agreed upon that one would be placed at the S/W corner of 2nd and Page St. and would receive service weekly.
o No arrests/citations were issued.
Housing Advisory Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/
INFORMATION CALENDAR
September 10, 2024
To: Honorable Mayor and Members of the City Council
From: Housing Advisory Commission
Submitted by: Debbie Potter, Chairperson, Housing Advisory Commission Subject: 2024-25 Housing Advisory Commission Work Plan
INTRODUCTION
The Housing Advisory Commission (HAC) submits its 2024-25 work plan (Attachment 1) as an information item to City Council.
CURRENT SITUATION AND ITS EFFECTS
In July 2016, the City Council directed all commissions (with certain exceptions) to submit work plans detailing goals and objectives for the year. Plans should be submitted at the start of each fiscal year.
At its June 6, 2024 meeting, the HAC approved its FY 2024-25 work plan with the following vote:
Action: M/S/C (Calavita/Braslaw) to adopt the FY 2024-2025 Housing Advisory Commission Work Plan.
Vote: Ayes: Bell, Braslaw, Calavita, and Potter. Noes: None. Abstain: None. Absent:
Mendonca (excused), Ortiz-Cedeño (unexcused), Simon-Weisberg (excused).
The goal of the work plan is to recommend to the City Council affordable housing and community development programs and policies that further social justice and address systemic racism, classism, and inequity in the City of Berkeley.
The FY 2024-25 work plan goal will be achieved through the following work plan activities:
1. Convene year-round subcommittees to work with staff on proposed HTF allocations and CDBG-funded public facilities improvements and make funding recommendations to the full HAC.
2. Work with the Civic Arts Commission, via a joint subcommittee, regarding proposed artist housing initiatives for HAC’s and the Civic Arts Commission’s approval and City Council consideration of any recommended initiatives.
2024-25 Housing Advisory Commission Work Plan INFORMATION CALENDAR September 10, 2024
3. Seek information via presentations, subcommittee work, etc. about Citywide initiatives that impact affordable housing preservation and development and make recommendations to City Council as appropriate. Initiatives include proposed amendments to the demolition ordinance, the San Pablo Avenue Specific Plan, and proposed “upzoning” to provide opportunities for more middle- income housing.
4. As part of the CDBG five-year Consolidated Plan adoption, provide recommendations to the City Council regarding the City’s single-family rehabilitation programs, including emergency home repair, accessibility improvements, and major rehabilitation.
5. Review and make recommendations to City Council regarding various affordable housing policies including inclusionary housing fees, the Housing Preference Program discrimination study report (if funded), etc.
BACKGROUND
The FY 2024-25 work plan reflects the HAC’s mission to:
1. Advise the City Council on housing matters, including affordable housing programs and policies and Community Development Block Grant (CDBG) and Emergency Services Grant (ESG) programs and their funding allocations;
2. Recommend to the City Council Housing Trust Fund (HTF) allocations;
3. Serve as the oversight body for Measure O, the $135 million General Obligation bond to fund development of affordable housing; and
4. Review and make recommendations on items referred by the City Council, HAC members, or other commissions.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no direct environmental effects or opportunities associated with the subject of this report.
POSSIBLE FUTURE ACTION
The HAC will continue to work on this Work Plan in order to refine potential outputs, outcomes, activities, and required resources.
FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
It is possible that adoption of new housing-related programs or policies stemming from City Council referrals or City Council-adopted HAC recommendations could result in fiscal impacts to the City.
CONTACT PERSON
Anna Cash, Commission Secretary, HHCS, (510) 981-5403
2024-25 Housing Advisory Commission Work Plan INFORMATION CALENDAR September 10, 2024
Attachment:
1. Housing Advisory Commission FY 2025 Work Plan
Attachment 1
FY 2024-25 HAC WORK PLAN
Mission Statement:
The Housing Advisory Commission:
Advises the City Council on housing matters, including affordable housing programs and policies and Community Development Block Grant (CDBG) and Emergency Services Grant (ESG) programs and their funding allocations; Recommends to the City Council Housing Trust Fund (HTF) allocations; Serves as the oversight body for Measure O, the $135 million General Obligation bond to fund development of affordable housing; and
Reviews and makes recommendations on items referred by the City Council, HAC members, or other commissions.
In addition, as necessary, the HAC:
Hears matters regarding abatement of substandard buildings pursuant to Chapter
19.40; and
Serves as the appeals board for relocation and correction of code violations as provided in Chapter 19.40.
When advising the City Council, the HAC is committing to addressing past and present racial and social inequities in housing and other community development service delivery and approaching its recommendations through a social justice lens.
Goal:
Recommend affordable housing and community development programs and policies that further social justice and address systemic racism, classism and inequity in the city of Berkeley as outlined in HAC’s FY 2024-25 work plan.
FY 2024-25 Work Plan Activities:
Convene year-round subcommittees to work with staff on proposed HTF allocations and CDBG-funded public facilities improvements and make funding recommendations to the full HAC.
Work with the Civic Arts Commission, via a joint subcommittee, regarding proposed artist housing initiatives for HAC’s and the Civic Arts Commission’s approval and City Council consideration of any recommended initiatives. Undertake a process to: 1) better inform the HAC about General Fund-funded workforce development programs and agencies, and ESG and CDBG-funded agencies, programs, and funding needs, and 2) enhance public participation and the public’s feedback on program effectiveness ahead of recommending five-year and annual program and funding allocations to City Council.
FY 2024-25 HAC WORK PLAN
Increase opportunities for more direct participation, including exploring hybrid meeting access, with community members and groups to gather input to be included in decision-making and recommendations.
Review and make recommendations to City Council regarding various affordable housing policies including the Housing Preference Program discrimination study report (if funded), the proposed amendments to the City’s linkage fees program, etc.
Seek information via presentations, subcommittee work, etc. about Citywide initiatives that impact affordable housing preservation and development and make recommendations to City Council as appropriate. Initiatives include proposed amendments to the demolition ordinance, the San Pablo Avenue Specific Plan, proposed “upzoning” to provide opportunities for more middle-income housing. As part of the CDBG five-year Consolidated Plan adoption, provide recommendations to the City Council regarding the City’s single-family rehabilitation programs, including emergency home repair, accessibility improvements, and major rehabilitation.
Outcomes:
HTF monies pledged to affordable housing projects serving families and housing- insecure households
CDBG-funded public facilities constructed in support of non-profits Proposed initiatives to promote affordable artist housing to retain and build the city’s cultural infrastructure
Five-Year and Annual CDBG/ESG/Workforce Development Plans/programs and funding recommendations that are grounded in service to the city’s low-income and historically marginalized residents
Citywide initiatives that enhance opportunities for affordable housing preservation and development
A more efficient and effective CDBG-funded affordable housing preservation strategy that maximizes services that allow people to stay in their homes and thrive Outcomes that are reflective of the community’s actual needs and concerns through increased consideration and inclusion of community voices.
Communications
All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
Records Online
https://records.cityofberkeley.info/
To search for communications associated with a particular City Council meeting using Records Online:
1. Select Search Type = “Public – Communication Query (Keywords)”
2. From Date: Enter the date of the Council meeting
3. To Date: Enter the date of the Council meeting (this may match the From Date field)
4. Click the “Search” button
5. Communication packets matching the entered criteria will be returned
6. Click the desired file in the Results column to view the document as a PDF