HomeMy WebLinkAboutAgenda Report - February 17, 2016 C-13TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE:
AGENDA ITEM
G�3
Authorize the Mayor, on Behalf of the City Council, to Send a Letter of
Opposition for SB 876 (Liu): Enforcement of Local Ordinances
MEETING DATE: February 17, 2016
PREPARED BY: City Clerk
RECOMMENDED ACTION: Authorize the Mayor, on behalf of the City Council, to send a letter
of opposition for SB 876 (Liu): Enforcement of Local Ordinances.
BACKGROUND INFORMATION: On February 9, 2016, the City received correspondence from the
League of California Cities to oppose SB 876 (Liu): Enforcement of
Local Ordinances.
SB 876 preempts local authority to address important issues affecting public health and safety in public
spaces and on private property that is held open to the public, including, but not limited to, plazas,
courtyards, parking lots, sidewalks, public transportation facilities, public buildings, shopping centers, and
parks. It is understood this measure is well intentioned; however, local agencies must continue to be able
to protect the public health, safety, and welfare of their communities. Moreover, this measure will not
make a positive impact in the effort to address chronic homelessness.
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.
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N:\Administration\CLERK\Council\COUNCOM\LeagueSupportOpposeMaster.doc
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
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.gov cityclerk@Iodi.gov
February 18, 2016
The Honorable Senator Carol Liu
California State Senate
State Capitol, Room 5097
Sacramento, CA 95814
FAX: (916) 651-4925
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
RE: SB 876 (Liu) Enforcement of Local Ordinances
Notice of OPPOSITION
Dear Senator Liu:
On behalf of the City of Lodi, I regret to inform you of our opposition of Senate Bill 876 (Liu).
JANICE D. MAGDICH
City Attorney
This measure preempts local authority to address important issues affecting public health and
safety in public spaces and on private property that is held open to the public, including, but not
limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities, public
buildings, shopping centers, and parks. We recognize that this measure is well intentioned;
however, local agencies must continue to be able to protect the public health, safety, and welfare of
their communities. Moreover, we do not believe this measure will make a positive impact in the
effort to address chronic homelessness.
Removing local enforcement authority as you propose in SB 876 will do nothing to help the
problem and would actually undermine existing efforts. SB 876 contains no solutions for ending
homelessness. In fact, the bill on page 3, line 16, specifically states, "Passing this Act will not
reduce homelessness." Removing local authority could exacerbate the problem by removing
incentives for some to take advantage of existing resources and services being offered.
The key to getting people off of the streets is to provide more shelter. We need resources:
permanent housing, beds, and accompanying social services, such as mental health treatment, job
training, addiction counseling, etc. Cities and other local agencies need more funding and flexibility
to provide these proven programs.
Once again, the City of Lodi regrets to inform you of our opposition to SB 876.
Sincerely,
Mark Chandler,
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: (916) 651-4905
Assemblymember Jim Cooper, Fax: (916) 262-0995
Alison Dinmore, Consultant, Senate Committee on Transportation and Housing, Fax: (916) 445-2209
Doug Yoakam, Housing Consultant, Senate Republican Caucus, Fax: (916) 445-2209
Stephen Qualls, League of California Cities, squalls@cacities.org
Meg Desmond, League of California Cities, mdesmond@cacities.org
N:AAdministration\CLERK\Council\CORRESP\LETTERS\1876.doc
Jennifer Ferraiolo
From: Stephen R. Qualls <squalls@cacities.org>
Sent: Tuesday, February 09, 2016 2:05 PM
Subject: URGENT: CALLS & LETTERS NEEDED
Attachments: League Adopts Housing Affordability as a Strategic Priority-FINAL.DOCX; Talking
Points.pdf; Action Alert SB 876 (Liu).docx; Sample letter of Opposition for SB 876.docx
SB 876 is a bad bill with good intentions. It would allow the homeless to set up camp in almost any public place and
remain there indefinitely. It would preempt local governments ability to provide clean and safe passage for their citizens.
The bill is scheduled to be heard in the Senate Transportation and Housing Committee in the coming weeks. Senators
Cannella and Galgiani sit on the committee so if your city lies in either of their districts, please call their offices and ask
them to vote no on SB 876.
I have attached talking points to update you on the bill.
In addition to requesting that you place personal calls, I have also attached a letter of opposition that your city can send
expressing it's opposition to the bill.
Below is the contact information for the Senator's offices.
Please let me know of any feedback that you might receive.
Thank you,
State Senator Anthony Cannella SD12
Capitol Office: State Capitol, 1303 10th Street, Sacramento, CA 95814 Room 5082 Phone: 916-651-4012 Fax: 916.651-
4912 Ceres Office: 2561 3rd Street, Suite A, 95307 Phone: (209) 581-9827 Fax: 209-581-9832 Salinas Office: 369 Main
St., Ste. 208, 93902 Phone: 831-769-8040 Fax: 831-769-8086
Email: senator.cannella(arsenate.ca.Rov<mailto:senator.cannella@senate.ca.gov>
State Senator Member Cathleen Galgiani SD5 Capitol office: Room 2059, Sacramento, CA 95814-4900; (916) 651-4005
Fax: 916.651-4905 District Offices: 31 E. Channel, Suite 440, Stockton, CA 95202; (209) 948-7930
1010 10th Street, Suite 5800, Modesto, CA 95354; (209) 576-6273
Email: senator.galgiani@senate.ca.gov
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>
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1
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
2
Talking Points
SB 876 (Liu). Enforcement of Local Ordinances
OPPOSE
• Removing local control to address issues associated with the homeless is the wrong approach. It
will make things more difficult in my community and does absolutely nothing to help people get
off the streets.
• The key to getting people off of the streets is to provide more shelter. We need
resources: permanent housing beds and accompanying social services such as mental health
treatment, job training, addiction counseling, etc. Cities and other local agencies need more
funding and flexibility to provide these proven programs. Additionally, these services should be
provided as a coordinated effort. Removing local enforcement authority as proposed in SB 876
will do nothing to help the problem, and would actually undermine existing efforts.
• As an alternative, the Senate should support Senator De Leon's proposal and other options that
provide us something constructive to work with.
• Removing local authority would also remove incentives for some chronically homeless to take
advantage of existing resources and services being offered. For example, some local jurisdictions
host legal clinics where homeless clinic participants can have citations and related fines
removed from their records in exchange for community service and for taking advantage of
housing and other services.
• (Give Examples of things your city is doing) Many cities and counties are finding solutions to
combating homelessness; examples consist of building and developing permanent supportive
housing, working with counties and non -profits, or offering an information center consisting of
difference services that can assist in a variety of ways. Pilot programs have been initiated in
northern California that have evidence showing how successful having permanent housing as an
option can be for helping the homeless end living on the streets.
SENATE BILL No. 876
Introduced by Senator Liu
January 14, 2016
An act to add Part 2.2 (commencing with Section 53.8) to Division
1 of the Civil Code, and to amend Section 11135 of, and to add Section
11139.2 to, the Government Code, relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
SB 876, as introduced, Liu. Homelessness.
Existing law provides that no person shall, on the basis of race,
national origin, ethnic group identification, religion, age, sex, sexual
orientation, color, genetic information, or disability, be unlawfully
denied full and equal access to the benefits of, or be unlawfully subjected
to discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is funded
directly by the state, or receives any financial assistance from the state.
This bill would expand those provisions to also include exclusion or
discrimination based upon homeless status. The bill would prohibit
cities, counties, cities and counties, and municipal agencies that receive
state funds from enacting or enforcing a law that bans resting in a public
space, as defined. The bill would afford persons experiencing
homelessness the right to use public spaces without discrimination based
on their housing status and describe basic human and civil rights that
may be exercised without being subject to criminal or civil sanctions,
including the right to use and to move freely in public spaces, the right
to rest in public spaces and to protect oneself from the elements, the
right to eat in any public space in which having food is not prohibited,
and the right to perform religious observances in public spaces, as
specified. Because the bill would require local agencies to perform
additional duties, it would impose a state -mandated local program.
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SB 876 — 2 —
The bill 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 fees and costs.
The bill would also require all applicants for the United States
Department of Housing and Urban Development's Continuum of Care
Homeless Assistance Program to annually provide to the Department
of Housing and Community Development's Division of Housing Policy
Development a copy of its application for funding from the United
States Department of Housing and Urban Development that includes
the organization's response to the application question regarding steps
that its community is taking to reduce criminalization of homelessness.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) According to the United States Department of Housing and
4 Urban Development's report to Congress, 115,738 people were
5 estimated to be homeless in California in 2014, a rate that is
6 unprecedented following a deep and prolonged economic recession,
7 a severe shortage of safe and affordable housing, a failed veteran
8 and civilian mental health system, and a diminished social safety
9 net.
10 (b) According to the United States Department of Education,
11 284,086 schoolchildren were known to have experienced
12 homelessness in the 2013-14 school year.
13 (c) Homelessness is an independent risk factor for a number of
14 illnesses, making people more susceptible to increased health
15 problems due to high stress, sleep deprivation, unsanitary
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— 3 — SB 876
1 surroundings, lack of access to hygiene facilities, and a myriad of
2 other situational stressors experienced by people without stable
3 housing. Subsequently, people who are chronically homeless are
4 more medically frail and three to four times more likely to die
5 prematurely than their housed counterparts.
6 (d) Throughout California, local governments have enacted
7 ordinances that make it illegal to rest or receive nourishment in
8 public spaces.
9 (e) Ending homelessness in California will require significant
10 state and federal resources and there is ample evidence that policies
11 that invest in ending homelessness, rather than criminalizing and
12 marginalizing people who are experiencing homelessness,
13 adequately balance the needs of all parties: community residents,
14 government agencies, businesses, and men and women who are
15 experiencing homelessness.
16 (f) Passing this act will not reduce homelessness, but neither
17 will local ordinances that criminalize homelessness. Instead,
18 ordinances that criminalize homelessness result in increased
19 incarceration rates and financial indebtedness of people who simply
20 have no means of support and prolong homelessness by making
21 it more difficult for people to secure housing, employment, and
22 medical care. Criminalization policies further marginalize men
23 and women who are experiencing homelessness, fuel inflammatory
24 attitudes, and may even unduly restrict constitutionally protected
25 liberties.
26 (g) That is why, on September 18, 2015, the United States
27 Department of Housing and Urban Development included in the
28 annual Notice of Funding Availability for the Continuum of Care
29 funding competition, provisions that would award additional points
30 to any application that could include steps the community is taking
31 to reduce criminalization of homelessness.
32 (h) It is also why, on August 6, 2015, the United States
33 Department of Justice submitted a rare statement of interest in a
34 United States District Court in opposition to the criminalization
35 of people who are homeless, calling it cruel and unusual
36 punishment to punish someone for a crime with the potential for
37 imprisonment and a violation of constitutional rights.
38 (i) While these ordinances apply to all residents, they
39 disproportionately impact people without homes, who have no
40 private place to rest or seek nourishment, and are often selectively
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SB 876 — 4 —
1 applied by law enforcement to people based upon their appearance
2 or an assumption of homelessness.
3 (j) In practice, these ordinances deprive persons experiencing
4 homelessness and those who may be perceived as homeless of a
5 safe and legal place to rest and seek nourishment, which adversely
6 impacts their health and well-being.
7 (k) Sleep deprivation impairs cognitive processes and puts one
8 at risk for obesity, heart disease, heart attack, heart failure, irregular
9 heartbeat, high blood pressure, stroke, diabetes, and depression.
10 People who are homeless suffer from sleep deprivation and, absent
11 a place to rest, they suffer it more frequently.
12 (1) Because current practices have denied the right to adequate
13 legal representation to people cited or arrested while resting or
14 sharing food, homeless persons are often denied relief or damages
15 through the courts.
16 (m) Both the federal government, through its Interagency
17 Council on Homelessness, and the United Nations have recognized
18 that discrimination and criminalization violate a homeless person's
19 human rights and have called upon state and local governments to
20 cease enactment and enforcement of those laws.
21 (n) Homelessness and the increasing criminalization of
22 homelessness and discrimination against those experiencing
23 homelessness are widespread throughout California and are matters
24 of statewide concern.
25 (o) Section 1 of Article I of the California Constitution provides
26 that "[a]11 people are by nature free and independent and have
27 inalienable rights. Among these are enjoying and defending life
28 and liberty, acquiring, possessing, and protecting property, and
29 pursuing and obtaining safety, happiness, and privacy," without
30 qualification as to whether or not a person is, or appears to be,
31 homeless.
32 (p) Subdivision (a) of Section 7 of Article I of the California
33 Constitution provides that "[a] person may not be deprived of life,
34 liberty, or property without due process of law or denied equal
35 protection of the laws ...."
36 (q) Concordant with this fundamental belief, a person should
37 not be subject to discrimination based on his or her income, housing
38 status, or ability or desire to appear housed. Therefore, it is the
39 intent of the Legislature in enacting this legislation to protect the
40 rights of all Californians, regardless of their housing status, and
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— 5 — SB 876
1 ameliorate the adverse effects caused by the criminalization of
2 homelessness on our communities and our citizens.
3 (r) Decriminalization of rest allows municipal governments to
4 redirect resources from local enforcement activities to activities
5 that address the root causes of homelessness and poverty.
6 SEC. 2. Part 2.2 (commencing with Section 53.8) is added to
7 Division 1 of the Civil Code, to read:
8
9 PART 2.2. HOMELESS PERSONS
10
11 53.8. For purposes of this part, the following definitions shall
12 apply:
13 (a) "Homeless persons," "homeless people," or "persons
14 experiencing homelessness" means those individuals or members
15 of families who lack a fixed, regular, and adequate nighttime
16 residence, including people defined as homeless using the criteria
17 established in the Homeless Emergency Assistance and Rapid
18 Transition to Housing (HEARTH) Act of 2009.
19 (b) "Motor vehicle" means a motor vehicle as defined in Section
20 415 of the Vehicle Code.
21 (c) "Public space" means any property that is owned by a
22 government entity or any property upon which there is an easement
23 for public use and that is held open to the public, including, but
24 not limited to, plazas, courtyards, parking lots, sidewalks, public
25 transportation facilities and services, public buildings, shopping
26 centers, and parks.
27 (d) "Recreational vehicle" means a recreational vehicle as
28 defined in Section 18010 of the Health and Safety Code.
29 (e) "Rest" means the state of not moving, holding certain
30 postures that include, but are not limited to, sitting, standing,
31 leaning, kneeling, squatting, sleeping, or lying.
32 53.81. (a) Persons experiencing homelessness shall be
33 permitted to use public space in the ways described in this section
34 at any time that the public space is open to the public without
35 discrimination based upon their housing status, and without being
36 subject to criminal, civil, or administrative penalties. Permitted
37 use of the public space include, but are not limited to, all of the
38 following:
39 (1) Free movement without restraint.
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SB 876 — 6 —
1 (2) Sleeping or resting, and protecting onself from the elements
2 while sleeping or resting in a nonobstructive manner.
3 (3) Eating, sharing, accepting, or giving food in a space in which
4 having food is not otherwise generally prohibited.
5 (4) Praying, meditating, worshiping, or practicing religion.
6 (b) Nothing in this section shall prevent law enforcement from
7 enforcing laws to protect the right of people to use the sidewalk,
8 pursuant to the Americans with Disabilities Act of 1990 (42 U.S.C.
9 Sec. 12101 et seq.).
10 (c) Nothing in this section shall prevent law enforcement from
11 enforcing the Penal Code, except subdivision (e) of Section 647
12 of the Penal Code, so far as it prohibits rest.
13 53.82. (a) Any person whose rights have been violated pursuant
14 to this part may enforce those rights in a civil action.
15 (b) The court may award appropriate injunctive and declaratory
16 relief, restitution for loss of property or personal effects and
17 belongings, actual damages, compensatory damages, exemplary
18 damages, statutory damages of one thousand dollars ($1,000) per
19 violation, and reasonable attorney's fees and costs to a prevailing
20 party.
21 SEC. 3. Section 11135 of the Government Code is amended
22 to read:
23 11135. (a) No person in the State of California shall, on the
24 basis of race, national origin, ethnic group identification, religion,
25 age, sex, sexual orientation, color, genetic information,—or
26 disability, or homeless status, be unlawfully denied full and equal
27 access to the benefits of, or be unlawfully subjected to
28 discrimination under, any program or activity that is conducted,
29 operated, or administered by the state or by any state agency, is
30 funded directly by the state, or receives any financial assistance
31 from the state. Notwithstanding Section 11000, this section applies
32 to the California State University.
33 (b) With respect to discrimination on the basis of disability,
34 programs and activities subject to subdivision (a) shall meet the
35 protections and prohibitions contained in Section 202 of the federal
36 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
37 and the federal rules and regulations adopted in implementation
38 thereof, except that if the laws of this state prescribe stronger
39 protections and prohibitions, the programs and activities subject
99
— 7 — SB 876
1 to subdivision (a) shall be subject to the stronger protections and
2 prohibitions.
3 (c) (1) As used in this section, "disability" means any mental
4 or physical disability, as defined in Section 12926.
5 (2) The Legislature finds and declares that the amendments
6 made to this act are declarative of existing law. The Legislature
7 further finds and declares that in enacting Senate Bill 105 of the
8 2001-02 Regular Session (Chapter 1102 of the Statutes of 2002),
9 it was the intention of the Legislature to apply subdivision (d) to
10 the California State University in the same manner that
11 subdivisions (a), (b), and (c) already applied to the California State
12 University, notwithstanding Section 11000. In clarifying that the
13 California State University is subject to paragraph (2) of
14 subdivision (d), it is not the intention of the Legislature to increase
15 the cost of developing or procuring electronic and information
16 technology. The California State University shall, however, in
17 determining the cost of developing or procuring electronic or
18 information technology, consider whether technology that meets
19 the standards applicable pursuant to paragraph (2) of subdivision
20 (d) will reduce the long-term cost incurred by the California State
21 University in providing access or accommodations to future users
22 of this technology who are persons with disabilities, as required
23 by existing law, including this section, Title II of the federal
24 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
25 and following), and Section 504 of the Rehabilitation Act of 1973
26 (29 U.S.C. Sec. 794).
27 (d) (1) The Legislature finds and declares that the ability to
28 utilize electronic or information technology is often an essential
29 function for successful employment in the current work world.
30 (2) In order to improve accessibility of existing technology, and
31 therefore increase the successful employment of individuals with
32 disabilities, particularly blind and visually impaired and deaf and
33 hard -of -hearing persons, state governmental entities, in developing,
34 procuring, maintaining, or using electronic or information
35 technology, either indirectly or through the use of state funds by
36 other entities, shall comply with the accessibility requirements of
37 Section 508 of the federal Rehabilitation Act of 1973, as amended
38 (29 U.S.C. Sec. 794d), and regulations implementing that act as
39 set forth in Part 1194 of Title 36 of the Federal Code of
40 Regulations.
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SB 876 — 8 —
1 (3) Any entity that contracts with a state or local entity subject
2 to this section for the provision of electronic or information
3 technology or for the provision of related services shall agree to
4 respond to, and resolve any complaint regarding accessibility of
5 its products or services that is brought to the attention of the entity.
6 (e) As used in this section, "sex" and "sexual orientation" have
7 the same meanings as those terms are defined in subdivisions (q)
8 and (r) and (s) of Section 12926.
9 (f) As used in this section, "race, national origin, ethnic group
10 identification, religion, age, sex, sexual orientation, color, or
11 disability" includes a perception that a person has any of those
12 characteristics or that the person is associated with a person who
13 has, or is perceived to have, any of those characteristics.
14 (g) As used in this section, "genetic information" has the same
15 definition as in paragraph (2) of subdivision (e) of Section 51 of
16 the Civil Code.
17 (h) As used in this section, "homeless status," or `people
18 experiencing homelessness " means those individuals or members
19 of families who lack a fixed, regular, and adequate nighttime
20 residence.
21 (i) As used in this section, `public space" means any property
22 that is owned by any government entity or any property upon which
23 there is an easement for public use and that is held open to the
24 public, including, but not limited to, plazas, courtyards, parking
25 lots, sidewalks, public transportation facilities and services, public
26 buildings, shopping centers, and parks.
27 (j) As used in this section, "rest" means the state of not moving,
28 holding certain postures that include, but are not limited to, sitting,
29 standing, leaning, kneeling, squatting, sleeping, or lying. Rest also
30 includes the act of protecting oneself from the elements, in a
31 nonobstructive manner
32 (k) The Legislature finds and declares that people with a
33 homeless status lack a private space to rest, and, therefore, they
34 must rest in a public space.
35 (1) It is the intent of the Legislature to protect the rights of all
36 people, including those experiencing homelessness, in order to
37 diminish the adverse effects of municipalities engaged in violating
38 the fundamental right to rest.
39 (m) In order to ensure full and equal access to the benefits and
40 protections afforded by this section against discrimination in the
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1 administration of any program or activity conducted, operated,
2 or administered by the state or any state agency funded directly
3 by the state, or that receives any financial assistance from the
4 state, no city, county, city and county, or municipal agency that
5 receives state funds shall enact or enforce a law that bans resting
6 in a public space, as defined in Part 2.2 (commencing with Section
7 53.8) of Division 1 of the Civil Code.
8 SEC. 4. Section 11139.2 is added to the Government Code, to
9 read:
10 11139.2. To improve monitoring of discrimination based upon
11 housing status and violations of Section 11135, and to ensure that
12 people who are experiencing homelessness are not unlawfully
13 denied full and equal access to the benefits of state -funded
14 programs or assistance, or unlawfully subjected to discrimination,
15 all applicants for the United States Department of Housing and
16 Urban Development's Continuum of Care Homeless Assistance
17 Program shall annually provide to the Department of Housing and
18 Community Development's Division of Housing Policy
19 Development a copy of its application for funding from the United
20 States Department of Housing and Urban Development that
21 includes the organization's response to the application question
22 regarding steps that its community is taking to reduce
23 criminalization of homelessness.
24 SEC. 5. If the Commission on State Mandates determines that
25 this act contains costs mandated by the state, reimbursement to
26 local agencies and school districts for those costs shall be made
27 pursuant to Part 7 (commencing with Section 17500) of Division
28 4 of Title 2 of the Government Code.
0
99
FACSIMILE COVER SHEET
CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
cityclrk@lodi.gov or pfarrisL Lodi. pv
DATE: February 18, 2016
FROM: Pamela M. Farris
Deputy City Clerk
TO: Senator Carol Liu, 916-651-4925
Senator Cathleen Galgiani, 916-651-4905
Assemblymember Jim Cooper, 916-26; & 3161- of lOq
Alison Dinmore, Committee on Transportation & Housing, 916-445-2209
Doug Yoakam, Housing Consultant, Senate Rep. Caucus, 916-445-2209
COMMENTS: Attached please find the Notice of Opposition for SB 876
(Liu) - Enforcement of Local Ordinances
THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET.
forms\aafaxjen.doc
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
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.gov cityclerk@lodi.gov
February 18, 2016
The Honorable Senator Carol Liu
California State Senate
State Capitol, Room 5097
Sacramento, CA 95814
FAX: (916) 651-4925
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
RE: SB 876 (Liu) Enforcement of Local Ordinances
Notice of OPPOSITION
Dear Senator Liu:
On behalf of the City of Lodi, I regret to inform you of our opposition of Senate Bill 876 (Liu).
This measure preempts local authority to address important issues affecting public health and
safety in public spaces and on private property that is held open to the public, including, but not
limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities, public
buildings, shopping centers, and parks. We recognize that this measure is well intentioned;
however, local agencies must continue to be able to protect the public health, safety, and welfare of
their communities. Moreover, we do not believe this measure will make a positive impact in the
effort to address chronic homelessness.
Removing local enforcement authority as you propose in SB 876 will do nothing to help the
problem and would actually undermine existing efforts. SB 876 contains no solutions for ending
homelessness. In fact, the bill on page 3, line 16, specifically states, "Passing this Act will not
reduce homelessness." Removing local authority could exacerbate the problem by removing
incentives for some to take advantage of existing resources and services being offered.
The key to getting people off of the streets is to provide more shelter. We need resources:
permanent housing, beds, and accompanying social services, such as mental health treatment, job
training, addiction counseling, etc. Cities and other local agencies need more funding and flexibility
to provide these proven programs.
Once again, the City of Lodi regrets to inform you of our opposition to SB 876.
Sincerely,
Mark Chandler,
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: (916) 651-4905
Assemblymember Jim Cooper, Fax: (916) 262-0995
Alison Dinmore, Consultant, Senate Committee on Transportation and Housing, Fax: (916) 445-2209
Doug Yoakam, Housing Consultant, Senate Republican Caucus, Fax: (916) 445-2209
Stephen Qualls, League of California Cities, sauallsAcacities.orq
Meg Desmond, League of California Cities, mdesmondcacities.org
N:\Admi ni s trati on\CLERK\Council\CORRES P\LETTERS\1876. doc
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
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.c ov citycierk@lodi.goy
March 3, 2016
The Honorable Senator Carol Liu
California State Senate
State Capitol, Room 5097
Sacramento, CA 95814
FAX: (916) 651-4925
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
RE: SB 876 (Liu) Enforcement of Local Ordinances
Notice of OPPOSITION, as Amended 2/22/16
Dear Senator Liu:
On behalf of the City of Lodi, I regret to inform you of our opposition of Senate Bill 876 (Liu).
This measure preempts local authority to address important issues affecting public health and
safety in public spaces and on private property that is held open to the public, including, but not
limited to, plazas, courtyards, parking lots, sidewalks, public transportation facilities, public
buildings, shopping centers, and parks. We recognize that this measure is well intentioned;
however, local agencies must continue to be able to protect the public health, safety, and welfare of
their communities. Moreover, we do not believe this measure will make a positive impact in the
effort to address chronic homelessness.
Removing local enforcement authority as you propose in SB 876 will do nothing to help the
problem and would actually undermine existing efforts. SB 876 contains no solutions for ending
homelessness. In fact, the bill on page 3, line 16, specifically states, "Passing this Act will not
reduce homelessness." The amendments offered in the bill still remove local authority to enforce
ordinances and could exacerbate the problem by removing incentives for some to take advantage
of existing resources and services being offered.
The key to getting people off of the streets is to provide more shelter. We need resources:
permanent housing beds and accompanying social services, such as mental health treatment, job
training, addiction counseling, etc. Cities and other local agencies need more funding and flexibility
to provide these proven programs.
Once again, the City of Lodi regrets to inform you of our opposition to SB 876.
Sincerely,
Mark Chandler,
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: (916) 651-4905
Assemblymember Jim Cooper, Fax: (916) 319-2109
Alison Dinmore, Consultant, Senate Committee on Transportation and Housing, Fax: (916) 445-2209
Doug Yoakam, Housing Consultant, Senate Republican Caucus, Fax: (916) 445-2209
Stephen Qualls, League of California Cities, squalls@cacities.orq
Meg Desmond, League of California Cities, mdesmond[ii?cacities.orq
N:\Admi n istration\CLERK\Council\CORRESP\LETTERS\1876. doc