Tents and belongings were staying in place late Wednesday on the deadline for a large homeless encampment to be cleared at Berkeley's Ohlone Park.
The delay in removing the encampment has left some neighbors frustrated.
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WATCH HERE"When they say they are trying to be just peaceful homeless, that's not the case at all," said Hossein Attar with the Save Ohlone Park group. "The drug use in the back, the stealing -- they have stolen property from my tenants, so it's an ongoing problem."
Attar owns apartment buildings near the park and is part of a group considering legal action to force the city to move forward with plans to clear and clean the area.
"This is a park for children. This is a park for people, students. This is not a park for drug use and that is what it has turned into," Attar said. "I understand that there is homelessness, but there is a solution. There is a way to deal with it. This is not the way to deal with it."
Outreach councilors with Options Recovery Services spent the day trying to connect the estimated 40 unhoused residents living in the park with resources and shelter.
"This is not the first area where we have worked to house residents, but this is the first area where they are clearing it out," said Felix Velasquez with Options Recovery Services. "But there doesn't seem to be anywhere to go right now. I believe they are working on that."
A judge has denied the Berkeley Homeless Union's attempt to block the city enforcement.
Anthony Prince, an attorney for the union, expressed disappointment.
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SIGN UP Prince said another hearing on a preliminary injunction is scheduled for Thursday. The attorney also claims he is in active talks with the city and said both sides seem agreeable to postponing the clearing of the encampment and injunction hearing.
"It's not their fault that they have nowhere to go and Berkeley could have done a better job with the state of California and Gavin Newsom to house these people (and) give them mental healthcare," said Greg Gurnick with Save Ohlone Park.
Gurnick, who is also a business owner, called the encampment a humanitarian crisis. Gurnick said he is one of more than 400 people who have signed a petition demanding the immediate removal of the encampment.
"It's extremely important to get this addressed immediately, with urgency because people are suffering right now," Gurnick said. "People in the park are suffering. The neighbors are stressed. They are afraid to use the park. It is not a safe space."
The City of Berkeley provided the following statement to NBC Bay Area:
"The city was sued on Tuesday, May 27, to prevent further action at Ohlone Park. Since this is now a matter of pending litigation, the city has no further comment."
