Hi Neighbor,
I’m writing to you this morning with an update on the Ohlone Park Encampment court case. The judge in the case Berkeley Homeless Union v. City of Berkeley issued an order yesterday afternoon denying the plaintiffs request for a preliminary injunction to prohibit the City’s planned encampment closure of Ohlone Park. Our City Manager now has the court’s clearance to proceed with the encampment closure, and is working to do so as expeditiously as possible. The City must provide new notice (of at least 72 hours) prior to closing the Ohlone encampment and must comply with all of its policies and procedures, including as it relates to the storage of personal belongings.
Here is a short summary of the ruling:
The court denied the Berkeley Homeless Union’s motion in its entirety, finding that it failed to raise “serious questions” as to the merits of their claims. On the Americans with Disabilities Act (ADA) claim, the Court credited the timely responses of the City’s ADA Program Coordinator as showing the City’s compliance with the law. Regarding the Fourth Amendment claim related to unreasonable search and seizure of property, the Court accepted the City’s argument that the claims were too speculative. The Court also agreed with the City’s arguments against “state-created danger,” specifically finding that the advance notice of closure and the significant outreach efforts demonstrated that the City was not “deliberately indifferent” to harm that might befall someone required to leave the encampment. In his ruling, Judge Gilliam also recognized the serious hazards the encampment imposes on its residents and park users alike, as well as the significant burden on City resources the encampment poses, holding that the Berkeley Homeless Union failed to prove that the balance of equities tipped sufficiently in its favor.
On the Berkeley Homeless Union v. City of Berkeley case related to the Harrison Corridor encampment, here is a brief update:
On June 4, 2025, City staff moved to implement the closure of Harrison Corridor encampments; however, the Berkeley Homeless Union filed an emergency motion the same day, and the judge issued a new temporary restraining order at that time. On June 10, 2025, Judge Chen held a hearing to decide whether to further extend the injunction, issuing a limited preliminary injunction. For Berkeley Homeless Union members who were residing in the Harrison Corridor at the time of the order, those with pending ADA accommodation requests will have 60 days in which to complete the ADA “interactive process” with the City to determine a reasonable accommodation. Any other individuals encamped within the Harrison Corridor are not protected by the injunction, except that they must be given one week’s notice prior to any further enforcement actions by the City. The City Manager is now working with our Homeless Response Team to evaluate how best to respond to the court’s requirements.
I want to note that the City’s commitment to preventing homelessness, providing shelter, and expanding permanent supportive housing options continues. Here are two upcoming opportunities to learn more about Alameda County and City of Berkeley efforts related to homelessness:
- County Supervisor Nikki Fortunato Bas is hosting a Community Town Hall on Homelessness Solutions with Mayor Adena Ishii and Councilmember Ben Bartlett. The meeting will take place at the Ed Roberts Campus (3075 Adeline Street) from 5:30 to 7 p.m. next Tues., July 1.
- The City Council will hold a Special Meeting to receive a Comprehensive Summary of Homeless Response efforts, presented by the City Manager and City Auditor. The meeting is scheduled for Tuesday, July 29 from 4 to 6 p.m. at the BUSD Board Room, 1231 Addison Street.
At this past Tuesday’s City Council meeting, the Council unanimously approved an advocacy letter to the Alameda County Board of Supervisors requesting Measure W funds to support our ongoing homelessness efforts. Measure W was passed by Alameda County voters in 2020 to establish a half-percent sales tax increase for 10 years, to provide “essential County services, including housing and services for those experiencing homelessness, mental health services, job training, social safety net and other general fund services.” The measure faced legal challenge, but has now cleared the courts with a significant backlog of funding available to allocate and approximately $150 million annually.
In this newsletter:
• REMINDER: Middle Housing Special Council Meeting TONIGHT
• National Night Out Registration Now Open
Middle Housing Special Council Meeting TONIGHT
As a reminder, the City Council will hold a Special Meeting TONIGHT at 6 p.m. at the BUSD Board Room (1231 Addison Street) to consider the Middle Housing Ordinance that has been under development for four years. In April, I prepared an FAQ on the subject, available HERE.
I have also received a lot of e-mail correspondence about the proposal, and I have tried to respond to everyone who wrote to me. I’m sharing below my statement on the matter.
Middle housing will make it easier to create more starter homes like the condo pictured above on Hearst Avenue, which sold for less than $1 million.
The Middle Housing Ordinance seeks to address the lack of affordable homes for our middle-class workers like teachers, nurses, and first responders. These middle-class workers generally earn too much to qualify for below-market-rate deed-restricted affordable housing but too little to afford the median home sale price—now a staggering $1.7 million. And yet, our teachers, nurses, and first responders are essential to keeping our city functioning, and that’s why it’s important to create opportunities for starter homes to own as well as rental homes in which our middle-class workers can raise their families. Contrary to what you may have heard, the concept of middle housing was first introduced by the City Council in 2019 (I was a co-sponsor of that legislation), and community engagement began in earnest by our City’s Planning Department in 2021—with more than 40 public convenings taking place to date.
Here are three key points about the proposed Middle Housing Ordinance that I want you to know:
1) Middle Housing is “Middle” in Scale, Designed to Fit into Existing Residential Neighborhoods. The Middle Housing Ordinance proposes a height limit of 35 feet, or three stories—the same height limit that is currently allowed in our residential neighborhoods. This height limit was proposed by our Planning Department staff after they received community concerns about solar access impediments, overall bulk, and other impacts that could result from larger buildings. Staff further propose that the maximum height step down to 22 feet within 15 feet of the rear property line to promote greater backyard sunlight and solar access for the adjacent rear property. In addition, the side setbacks of four feet as well as the combined front- and rear-setback of 20 feet are consistent with the existing built environment of our residential neighborhoods. I encourage you to take a walk in your neighborhood to observe how these height and setback standards are similar in scale to the existing homes and apartment buildings. By restoring the flexibility that used to exist for the number of units that can be included on a parcel, our intention is to help more of Berkeley’s middle-class workers stay in the community they serve.
2) Middle Housing Will Pave the Way for More Starter Homes, Unlocking Multigenerational Wealth for Communities that Have Traditionally Been Locked Out of Homeownership . . . As I have noted, middle housing is intended for middle-class workers who power our city, particularly the next generation of workers who are priced out of the existing single-family home that sells for $1.7 million. The Middle Housing Ordinance—and a companion piece of legislation I have introduced related to subdividing residential parcels—will make it easier to create smaller starter homes that sell for hundreds of thousands less than $1.7 million. The idea is that a homeowner with a large parcel of, say, 7,000 square feet could subdivide their large backyard to accommodate two starter homes. In the few instances in which this has occurred in our City, the results have been impressive. For example, on Hearst Avenue in District 1, two condos were created on a single parcel—pictured above—with each selling for less than $1 million.
. . . But Will Do So Incrementally. One important factor to keep in mind is that zoning changes alone cannot alter other market factors, such as the high cost of acquiring a parcel, construction costs, and interest rates, along with the simple reality that most homeowners are not interested in developing their parcel in this way. The City’s environmental impact report found that—at most—we could expect about 200 homes citywide to be built per year using the Middle Housing Ordinance, although our Planning Director expects the real amount to be around 100 per year. Recently, in the news, Planning Director Jordan Klein said 10 middle housing projects a year (40 units) would be a success, given the difficulties associated with this type of small-scale development. This is a similar order of magnitude to the number of backyard cottages that are built every year, which are also allowed on all residential parcels citywide. The bottom line: just because the zoning code allows something to be built, other market factors constrain the number of homes. And yet, for the 40 to 100 families who could potentially own a home in our community that they otherwise could not afford, this change will be transformative.
3) Middle Housing Protects Existing Tenants, Pays Fees to Fund Below-Market-Rate Deed-Restricted Affordable Housing, and Pays Fees to Support Our Public Schools. Berkeley has some of the strongest tenant protections in the country. If a property owner wants to redevelop a parcel for middle housing using an existing unit in which a tenant resides, they would be required to provide relocation assistance and a comparable unit at a similar rent level to the tenant as well as a right to return. This protects tenants and also is a strong disincentive for the Middle Housing Ordinance to be used to demolish existing occupied units. Other important community benefits provided by Middle Housing include the requirement to pay into our Housing Trust Fund to support the creation of below-market-rate deed-restricted affordable housing, such as the kind that we are creating at the Adult School for Berkeley Unified workers. Middle housing developments will also be required to pay a fee to support our public schools.
For more, here is commentary and news on the subject:
National Night Out Registration is Now Open
National Night Out is scheduled for Tues., Aug. 5 and registration is now open.
National Night Out is an annual event designed to strengthen our community by encouraging neighborhoods to build stronger relationships with each other and with their local public safety and City officials.
The registration processes this year is again online with an interactive map to assist you in finding an event in your area. In an effort to not double-book, please check your area for other events.
If you register an event, make sure to also apply for a block party permit if applicable. A link with directions to apply is in the registration link.