​December 1, 2015 Berkeley City Council
voted 6 to 3 to criminalize the homeless
Moore, Capitelli, Maio, Droste, Wengraf and Bates voted yes
Anderson, Arreguin, Worthington voted no

In the spirit of giving, Berkeley City Council voted in the ordinance to criminalize the homeless giving citations for lying or sitting on planters, having possessions that take up more than 2 square feet of space. Only Eric Panzer from Livable Berkeley spoke in favor of the ordinance. The City Council majority was not moved by any of the public testimony including that this action may jeopardize $5 million in HUD grants, the very services that help the homeless. Peeing and pooping on the street is a crime, but opening all public bathrooms 24/7  so people have a place to "go" was rejected. The council postponed once again considering the recommendations from the Homeless Taskforce. 
The City Council did vote to remand 2631 Durant back to the ZAB (Zoning Adjustment Board). The building with 18 rent controlled units that the owner invited the Berkeley Fire Department to perform exercises which destroyed the building.