Spring News: Harrison Encampment Litigation Update, Hopkins Street Council Item & More

08Apr 2026 by Kieryn Darkwater

Dear Neighbor,

Happy Spring! As we enjoy this beautiful time of year in Berkeley, the City Council continues its important fiscal and policy work.

In this newsletter, I will cover:

We also have two events coming up:

The City Council during its March 17th meeting on Saint Patrick’s Day.

Judge Reaches Final Decision on Harrison Encampment Litigation

Last Friday, April 3, U.S. District Court Judge Edward Chen issued a final ruling in the Berkeley Homeless Union (BHU) lawsuit against the City of Berkeley regarding the closure of the Harrison Street encampment. This litigation has stayed (i.e., halted) the closure of the Harrison Corridor encampment since January 2025.

While the ruling affirms the City’s authority to close the Harrison encampment, it also imposes specific new requirements for the abatement process (the Judge’s four-page conclusion summarizes these terms).

The encampments on Harrison Street have been determined to be a public health and safety hazard.

I have provided a brief overview below.

The Court denied several of BHU’s requests, affirming that the City has the authority to close the Harrison encampment under the following conditions:

  • No Housing Requirement: The City may proceed with abatement without first securing non-congregate housing or specific shelter placements for encampment residents.
  • No Sanctioned Encampment Zones Required: The City is not required to designate, create, or identify enforcement-free relocations or a City-sanctioned encampment.
  • No Infrastructure Upgrades Required: The City is not required to install or maintain individualized sanitation or utility infrastructure at the encampment.

Further, the Court granted specific new protections for Harrison encampment residents:

  • Vehicle Towing Restrictions: inoperability or expired registration alone is not sufficient grounds for towing. The City must provide significant evidence that a vehicle obstructs traffic or poses a concrete health and safety threat.
  • Modified Sidewalk Enforcement: The City cannot categorically enforce its sidewalk rule (Administrative Regulation 10.2) requiring belongings to be stored in a nine-square-foot space on our sidewalks and in parklets pursuant to the Berkeley Municipal Code.
  • For encampment residents with disabilities, the City must conduct individual assessments to determine the space necessary for ADA accommodations relative to the width of the sidewalk, while also considering public passage.
  • For encampment residents without disabilities, the City may not enforce space limitations in a way that prevents them from maintaining a tent, provided it does not unreasonably interfere with public passage.
  • Mandatory Relocation Assistance: The City must provide physical packing and moving assistance. Additionally, the City is required to store non-contaminated property for at least 90 days and replace essential items (tents, sleeping gear, basic clothing) destroyed during a closure.

City staff are currently reviewing the requirements imposed by the legal decision to better understand how they can be implemented. If you have any questions, please feel free to contact me (rkesarwani@berkeleyca.gov or 510-981-7110).

Hopkins Corridor Project Revisited

You may have read in Berkeleyside that I have co-authored a Council item (see pgs. 29-33) to provide direction to Public Works staff on paving Hopkins Street with pedestrian safety features. This item does not propose to include the two-way cycletrack that had previously been under consideration as part of the Hopkins Corridor Traffic and Placemaking Study (2020-2022).

My decision to not pursue the two-way cycletrack at this time was driven in large part by the design issues raised by the Fire Department, which were detailed in the April 2023 off-agenda memo from the former City Manager that indefinitely paused the Hopkins Corridor Project.

The pavement condition on Hopkins Street has deteriorated to poor or failing in numerous segments.

In general, I continue to support protected bike lanes as the best option to keep all street users safe. As I told Berkeleyside, in the case of Hopkins, “We need to get that full accounting of: What is the design that is safe and workable, and what is the cost?” My ultimate goal in co-authoring this item is to enable the Council to receive full design and cost information about the prior conceptual design—paving with a two-way cycletrack—as well as the alternative of paving with only pedestrian safety improvements, so that the Council can provide clear direction to our Public Works staff and we can move beyond the current impasse. With ten street segments of Hopkins in either a poor or failed pavement condition, I believe it’s time to pave Hopkins with all of the safety features that can reasonably be achieved without significant redesign or study. Neighbors who live on and near Hopkins and residents who access the street deserve to have the City Council make a decision—with full information—that can be acted upon by our Public Works staff. 

The Council’s Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Policy Committee will hear the item next Wed., April 15 at 2 p.m. at City Hall, 2180 Milvia Street. Click HERE for information about how to attend the meeting in person or via Zoom, which should be posted by this Fri., April 10. During the meeting, Fire Chief David Sprague will be providing an update on the Fire Department’s current perspective on Hopkins, and Interim Public Works Director Wahid Amiri will present further details on cost estimates and design alternatives. I am committed to making a decision on the Hopkins Corridor that considers all of the relevant information we have received to date, including any new information that may be presented at the FITES Committee. As I told Berkeleyside, “I think people are looking for an elected representative who’s going to be thoughtful about their decisions and not make decisions in a vacuum.”

While Berkeley’s budget picture is dire (see the next write-up), we are fortunate that Berkeley voters passed Measure FF to provide an estimated $15 million annually to fund street paving as well as bike and pedestrian infrastructure (although the ballot language stipulates that funds cannot be used for a protected bike lane on Hopkins from Gilman to McGee). These funds would generally be available to cover project costs for paving Hopkins with safety features. 

I want to thank those of you who have taken the time to write to me about this issue, and you can always feel free to contact me (rkesarwani@berkeleyca.gov or 510-981-7110). 

City Facing Approximately $30 Million Budget Deficit

For several years, the City has navigated a structural deficit. We have now exhausted the one-time fixes that allowed for previously balanced budgets. In response, City Manager Paul Buddenhagen has requested that all City departments propose 10 percent to 12.5 percent budget reductions.

While reductions are necessary to ensure a sustainable, structurally-balanced budget, the reality is difficult: the City is anticipating some staff layoffs and reduced service levels. At the same time, I introduced a Council item in January to consider a sales tax increase of 0.5 percent (from 10.25 percent to 10.75 percent) for the November ballot that could offset about a third of the anticipated $30 million in ongoing budget reductions by raising an estimated $10 million annually. As noted in the Council item, our neighboring cities of Albany and Oakland currently have a sales tax rate of 10.75 percent.

The months ahead will be challenging as we finalize the FY 2026-27 and FY 2027-28 budgets. I currently serve on the Council’s Budget and Finance Policy Committee and here is the full calendar of upcoming meetings in which we will discuss and finalize the City’s budget:

Note: Agendas are posted at least 48 hours in advance for Budget and Finance Policy Committee meetings and 12 days in advance for City Council meetings. Please feel free to contact me about the budget process and your priorities (rkesarwani@berkeleyca.gov. or 510-981-7110).

My office has supported this event since its inception, and I am thrilled to see its continued success—last year we welcomed more than 7,000 visitors! This year’s fair will feature bike valet parking, line dancing, live music, and more than 160 vendors (including 31 food stalls).

Volunteer Opportunity: It takes roughly 60 volunteers to make this day a success, and more volunteers are needed. Volunteers receive a free t-shirt and a food voucher from a local Gilman District business. Sign up to volunteer HERE.