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HomeMy WebLinkAboutAgenda Report - May 6, 2015 C-140 AGENDA ITEM 140 �n CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Authorize the Mayor, on Behalf of the City Council, to Send a Letter of Opposition for SB 608 — The Right to Rest Act (Liu) MEETING DATE: May 6, 2015 PREPARED BY: City Clerk RECOMMENDED ACTION: Authorize the mayor, on behalf of the City Council, to send a letter of opposition for SB 608 — The Right to Rest Act (Liu). BACKGROUND INFORMATION: On April 8, 2015, the City received correspondence from the League of California Cities to oppose SB 608 (Liu), legislation pertaining to homelessness. SB 608 contains no solutions for homelessness and has no new programs, no funding for housing, and no effort to improve services. Instead, it creates a special set of exemptions and privileges for one group of people and undermines the equal applicability of laws. State and federal governments have either withdrawn resources previously dedicated for housing and for treating chronic conditions such as mental health and alcohol and drug addictions, or have mismanaged available funding through disorganized bureaucracies. This leaves cities and counties with the difficult challenge of maintaining civil order, public safety, and sanitary conditions, responding to the impacts on private property, and the economic viability of local businesses. The League believes that addressing the root causes of homelessness requires working with State, federal, and other local entities to provide more affordable housing and resources to do so. State efforts to help the homeless should be led by offering the funding to build affordable housing and augment services to treat related underlying issues. Instead of offering resources, SB 608 focuses on limiting local enforcement authority on public and private property. For the reasons stated above and in the attached draft correspondence, it is recommended that the City Council authorize the execution and delivery of the proposed correspondence. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. J ifer M. Verraiolo City Clerk APPROVED' , City Manager N:\Administration\CLERK\Council\COUNCOM\LeagueSupportOpposeMaster.doc Jennifer Ferraiolo From: Stephen R. Qualls <squalls@cacities.org> Sent: Wednesday, April 08, 2015 8:33 PM Subject: Letters Needed OPPOSE SB 608 Attachments: Action Alert SB 608 (Liu) Right to Rest Act.docx; Talking Points SB 608.pdf; Background Information SB 608.pdf; SAMPLE SB 608 (Liu) city letter 4.1.15.docx SB 608 is titled the "The Right to Rest Act". But unfortunately the state's dissolution of redevelopment took funding away from local governments that helped to build affordable housing for those that needed it. SB 608 does nothing to remedy this problem. It provides no new funding for support services or housing. Please send the attached oppose letter to the author Senator Liu and your legislators and ask them to vote no on SB 608. If you could please send me copies of your letters I would appreciate it. Thank you, Stephen Qualls Central Valley Regional Public Affairs Manager League of California Cities 209-614-0118 Fax 209-883-0653 squalls@cacities.org<mailto:squalls@cacities.org> [Description: Description: LCC_Logo_SM] [X] Strengthening California Cities through Advocacy and Education To expand and protect local control for cities through education and advocacy in order to enhance the quality of life for all Californians. <http://www.cacities.org/AC> PLEASE DO NOT distribute political campaign advocacy information from public (city hall) computers, on city time, or using public resources, even if it's from your personal email account. If in doubt, check with your city attorney. ***Disclaimer***Please Note: Please take the following precautions if this email is about a CITIPAC event. Though it is not illegal for you to receive this notice via a city e-mail address, you should not respond to it or forward it using public resources. You may however forward this message to your non-public e-mail account for distribution on non-public time. If you have questions about the event or need additional information, please contact Mike Egan at (916) 658-8271 or egan@cacities.org ACTION ALERT! ! SB 608 (Liu). The Right to Rest Act OPPOSE Background for SB 608 (Liu): Despite this bill being well -intended, SB 608 (Liu) would not solve the challenges of homelessness in our state and within our communities. SB 608 contains no solutions for homelessness. It contains no new programs, no funding for housing, and no effort to improve services. Instead, it creates a special set of exemptions and privileges for one group of people and undermines the equal applicability of laws. To make matters worse, the State and federal governments have either withdrawn resources previously dedicated for housing and for treating chronic conditions such as mental health and alcohol and drug addictions, or have mismanaged available funding through disorganized bureaucracies. This leaves cities and counties with the difficult challenge of maintaining civil order, public safety and sanitary conditions, responding to the impacts on private property, and the economic viability of local businesses. The League believes that addressing the root causes of homelessness requires working with State, federal, and other local entities to provide more affordable housing and resources to do so. State efforts to help the homeless should be led by offering the funding to build affordable housing and augment services to treat related underlying issues. Instead of offering resources, SB 608 focuses on limiting local enforcement authority on public and private property. ➢ WE SUPPORT ALTERNATIVE LEGISLATION: Although we oppose the approach of SB 608 (Liu), we are supporting AB 35 (Chiu and Atkins) which increases affordable housing tax credits by $300 million and AB 1335 (Atkins) which would provide a permanent source of funding for affordable housing. What does SB 608 (Liu) do? • Exempts a homeless person from being guilty of a misdemeanor if they lodge in any building, structure, vehicle or place without permission of the owner or person entitled to the possession and control of it. • Authorizes fines of $1000 and attorney's fees for "harassment" conducted by law enforcement, public or private security personnel, or a business improvement district (BID) agent that "a reasonable person would consider alarming, threatening, tormenting or terrorizing." • Establishes a right to move freely in public spaces without time limitations based upon housing status. Such a change would give anyone meeting the definitions in SB 608 an exemption from time, place and manner" laws and regulations that apply to all others. • Defines "public space" to include property owned, in whole or in part, by any state or local public entity or any property on which there is an easement for public use and that is held open to the public, including but not limited to plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers and parks. • Provides that "civil and human rights that are amply protected in the home and in other private places be extended to the public areas in which homeless persons live." Such a provision could have expansive interpretations. • Defines "homeless persons" in the broadest manner, including many types of people who are actually housed: individuals sharing housing of other persons; people living in motels, hotels and trailer parks; individuals who have moved within the preceding 36 months to obtain temporary or seasonal employment... to a temporary residence." Declares that the "decriminalization of rest allows municipal government to redirect resources from local enforcement activities to activities that address the root causes of homelessness and poverty." This statement reveals a fundamental misunderstanding of the role and function of cities in California. In California, cities provide "municipal services" such as police, fire, water, refuse collection, public works, parks and recreation, and libraries. Social service programs are funded and operated by federal, state and county government, not cities. ACTION: SB 608 is scheduled to be heard in Senate Transportation and Housing Committee on April 7. If you have a Senator on the Senate Transportation and Housing Committee, please send letters of OPPOSITION via fax (fax numbers included below) or letters may be sent through the League's Action Center. Letters are needed ASAP but no later than Monday, April 6 (sample letter attached). SENATE TRANSPORTATION AND HOUSING MEMBERS Member District I Room Fax Allen, Ben 26 2054 916 651 4926 Bates, Patricia 36 4048 916 651 4936 Beall, Jim (Chair) 15 5066 916 651 4915 Cannella, Anthony (Vice Chair) 12 5082 916 651 4912 Gaines, Ted F_1__ 3070 1 916 651 4901 Galgiani, Cathleen F-5 2059 1 916 651 4905 Levva, Connie 20 4061 916 651 4920 McGuire, Mike F 2 — F5064 916 651 4902 Mendoza, Ton v 32 5061 916 651 4932 Roth, Richard 31 4034 916 651 4931 lWieckowski, Bob F _10F3086 F 916 651 4910 Legislator addresses and fax numbers can be searched online by address. Talking Points: 1) This bill exempts a homeless person, as expansively defined in the bill, from being guilty of a misdemeanor if they lodge in any building, structure, vehicle or place without permission of the owner or person entitled to the possession and control of it. o It also repeals language in existing law that clarifies this anti -trespassing law applies to both public and private property. This is a major change. o Respecting laws and property rights are the foundation of our social order. 2) This measure authorizes fines of $1000 and attorney's fees for "harassment" conducted by law enforcement, public or private security personnel, or a business improvement district (BID) agent that "a reasonable person would consider alarming, threatening, tormenting or terrorizing." o This provision does not apply equally to all citizenry. o Besides having a chilling effect on those who are charged with enforcing laws and protecting private property, this definition does not apply should the same conduct by a homeless person have such effects on other members of the public. o Cities may incur significant costs if such actions are brought by homeless persons alleging violation of these new rights. 3) SB 608 establishes a right to move freely in public spaces without time limitations based upon housing status. o Such a change would give anyone meeting the definitions in SB 608 an exemption from time, place and manner" laws and regulations that apply to all others. o This bill appears to allow a homeless person to live in any public space for as long as they wish. 4) This measure defines "public space" to include property owned, in whole or in part, by any state or local public entity or any property on which there is an easement for public use and that is held open to the public, including but not limited to plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers and parks. o This definition, combined with other provisions appear to allow a homeless person to assert that they can live in a public building, on a beach, on a sidewalk in front of a business, in a shopping mall, or on a bus for as long as they wish. 5) SB 608 provides that "civil and human rights that are amply protected in the home and in other private places be extended to the public areas in which homeless persons live." o Such a provision could have expansive interpretations, including the right to protect one's "home" under the Second Amendment with a firearm (D.0 v. Heller, 554 US 570), and raise questions about the ability to enforce other laws which regulate behavior in public as opposed to the home. 6) This bill defines "homeless persons" in the broadest manner, including many types of people who are actually housed. o This includes individuals sharing housing of other persons; people living in motels, hotels and trailer parks; individuals who have moved within the preceding 36 months to obtain temporary or seasonal employment to a temporary residence. 7) SB 608 declares that the "decriminalization of rest allows municipal government to redirect resources from local enforcement activities to activities that address the root causes of homelessness and poverty." o This statement reveals a fundamental misunderstanding of the role and function of cities in California. o In California, cities provide "municipal services" such as police, fire, water, refuse collection, public works, parks and recreation, and libraries. o Since the state eliminated redevelopment agencies in 2011, cities also no longer have resources to dedicate to affordable housing. o Social service programs are funded and operated by federal, state and county government, not cities. CITY COUNCIL BOB JOHNSON, Mayor MARK CHANDLER, Mayor Pro Tempore DOUG KUEHNE JOANNE MOUNCE ALAN NAKANISHI CITY OF L OD I CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk(a)lodi.gov May 7, 2015 The Honorable Senator Carol Liu California State Senate State Capitol, Room 5097 Sacramento, CA 95814 FAX: (916) 651-4925 RE: SB 608 (Liu) The Right to Rest Act Notice of Opposition STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney On behalf of the City of Lodi, I write to inform you of our opposition to your SB 608. While the measure is well -intended, we do not believe it would make a positive contribution to combatting homelessness in our state and within our communities. SB 608 would enact The Right to Rest Act, which would provide homeless persons the right to use public space without discrimination based on their housing status. It would describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions or harassment, including the right to: • Use and to move freely in public spaces... without time limitations that discriminate based on housing status; • Rest in public spaces* and to protect oneself from the elements in a non- obstructive manner; • Eat, share, accept, or give food in any public space in which having food is not prohibited; • Perform religious observances in public spaces without discrimination based on housing status; and • Occupy a motor vehicle or a recreational vehicle legally parked or parked with the permission of the property owner. The bill defines public spaces as "any property that is owned, in whole or in part, by any state or local government entity of any property upon which there is an easement for public use and that is held open to the public including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks." SB 608 would exempt conduct that is protected by the bill, as described above, from the definition of the crime of disorderly conduct. Finally it would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing party injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and attorney's fees and costs. SB 608 contains no solutions for homelessness. It contains no new programs, no funding for housing, and no effort to improve services. It creates a special set of exemptions and privileges for one group of people and undermines the equal applicability of laws. We believe that real solutions lie in providing resources for affordable housing and for treating underlying problems, not creating a special set of exemptions, privileges and rights for the homeless to occupy public and private property without complying with laws that apply to all others in society. Such an approach would create social disorder and undermine the ability of all others to access clean and non -threatening public spaces, while jeopardizing property rights and the economic viability of local businesses. While we oppose the approach of SB 608 we share your desire to address the root causes of homelessness. To do so we must work together to provide more resources for affordable housing such as those proposed by AB 35 (Chiu and Atkins) which increases affordable housing tax credits by $300 million and AB 1335 (Atkins) which would provide a permanent source of funding for affordable housing. These bills represent more constructive approaches to solving this chronic problem. Sincerely, Bob Johnson Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: 916-651-4905 Assemblymember Jim Cooper, Fax: 916-262-0995 Senator Jim Beall, Chair, Senate Committee on Transportation and Housing, Fax: 916-651-4915 Senator Hannah -Beth Jackson, Chair, Senate Judiciary Committee, Fax: 916-651-4919 Dan Carrigg, Legislative Representative, League of California Cities, Fax: 916-658-8240 Stephen Qualls, Central Valley Regional Public Affairs Manager, League of California Cities FACSIMILE COVER SHEET CITY CLERK'S OFFICE gp 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 PHONE (209) 333-6702 FAX (209) 333-6807 cityclrkC)lodi.go or )farrisir),Ipdi.vov DATE: May 7, 2015 FROM: Pamela M. Farris Deputy City Clerk TO: Senator Carol Liu, 916-651-4925 Senator Cathleen Galgiani, 916-6514905 Assemblymember Jim Cooper, 916-22-G49& 3161 - Z►�°I Senator Jim Beall, 916-651-4915 Senator Hannah -Beth Jackson, 916-651-4919 Dan Carrigg, 916-658-8240 Stephen Qualls, 209-883-0653 COMMENTS: Attached please find the Notice of Opposition for SB 608 (Liu) — The Right to Rest Act THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET. forms\aafaxjen.doc CITY COUNCIL BOB JOHNSON, Mayor MARK CHANDLER, Mayor Pro Tempore DOUG KUEHNE JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi._ov_ cityclerkalodi.gov May 7, 2015 The Honorable Senator Carol Liu California State Senate State Capitol, Room 5097 Sacramento, CA 95814 FAX: (916) 651-4925 RE: SB 608 (Liu) The Right to Rest Act Notice of Opposition STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney On behalf of the City of Lodi, I write to inform you of our opposition to your SB 608. While the measure is well -intended, we do not believe it would make a positive contribution to combatting homelessness in our state and within our communities. SB 608 would enact The Right to Rest Act, which would provide homeless persons the right to use public space without discrimination based on their housing status. It would describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions or harassment, including the right to: • Use and to move freely in public spaces... without time limitations that discriminate based on housing status; • Rest in public spaces* and to protect oneself from the elements in a non- obstructive manner; • Eat, share, accept, or give food in any public space in which having food is not prohibited; • Perform religious observances in public spaces without discrimination based on housing status; and • Occupy a motor vehicle or a recreational vehicle legally parked or parked with the permission of the property owner. The bill defines public spaces as "any property that is owned, in whole or in part, by any state or local government entity of any property upon which there is an easement for public use and that is held open to the public including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, shopping centers, and parks." SB 608 would exempt conduct that is protected by the bill, as described above, from the definition of the crime of disorderly conduct. Finally it would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing party injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and attorney's fees and costs. SB 608 contains no solutions for homelessness. It contains no new programs, no funding for housing, and no effort to improve services. It creates a special set of exemptions and privileges for one group of people and undermines the equal applicability of laws. We believe that real solutions lie in providing resources for affordable housing and for treating underlying problems, not creating a special set of exemptions, privileges and rights for the homeless to occupy public and private property without complying with laws that apply to all others in society. Such an approach would create social disorder and undermine the ability of all others to access clean and non -threatening public spaces, while jeopardizing property rights and the economic viability of local businesses. While we oppose the approach of SB 608 we share your desire to address the root causes of homelessness. To do so we must work together to provide more resources for affordable housing such as those proposed by AB 35 (Chiu and Atkins) which increases affordable housing tax credits by $300 million and AB 1335 (Atkins) which would provide a permanent source of funding for affordable housing. These bills represent more constructive approaches to solving this chronic problem. Sincerely, Johnson ayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: 916-651-4905 Assemblymember Jim Cooper, Fax: 916-262-0995 Senator Jim Beall, Chair, Senate Committee on Transportation and Housing, Fax: 916-651-4915 Senator Hannah -Beth Jackson, Chair, Senate Judiciary Committee, Fax: 916-651-4919 Dan Carrigg, Legislative Representative, League of California Cities, Fax: 916-658-8240 Stephen Qualls, Central Valley Regional Public Affairs Manager, League of California Cities