HomeMy WebLinkAboutSB 876 - HomelessnessCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: CONSIDERATION TO APPROVE A LETTER OF OPPOSITION FOR SB
876 (LIU)-HOMELESSNESS.
SUBMITTED BY: Stephen Y. Aryan, Risk Manager
DATE: March 10, 2016
CONTENTS: 1. SB 876 (Liu) Bill as Amended
2. Draft Letter of Opposition for SB 876 (Liu)
3. League of California Cities Documents related to SB 876 (Liu)
Recommendation
By Minute Motion, approve a letter of opposition for SB 876 (Liu).
Commission Recommendation
On February 26, 2016, the Palm Desert Legislative Review Committee recommended that
the City Council send a letter of opposition concerning SB 876 (Liu).
Background
SB 876 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 (1)
the right to use and to move freely in public spaces, (2) the right to rest in public spaces and
to protect oneself from the elements, (3) the right to eat in any public space in which having
food is not prohibited, and (4) the right to perform religious observances in public spaces.
The bill defines "public space" as any property that is owned by a government entity, or any
property upon which there is an easement for public use and that is held open to the public.
This includes, but is not limited to, plazas, courtyards, parking lots, sidewalks, public
transportation facilities and services, public buildings, shopping centers, and parks.
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/costs.
The League of California Cities opposes this legislation. This measure is viewed as
preempting 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. Homelessness is a
pervasive problem affecting many communities across the state. As a result, many local
governments, non -profits, and social services providers are trying various creative solutions
to get individuals housed and into treatment programs they need to no longer be homeless.
Staff Report: SB 876 (Liu)
March 10, 2016
Page 2 of 2
Last fall, the League formed a statewide working group of city officials to share best practices
and receive input on strategies in reducing homelessness. The consensus was that
legislation seeking to combat homelessness should focus on solutions and provide resources
that help get people off the streets and into shelter and housing.
Despite this bill being well -intended, SB 876 (Liu) would not solve the challenges of
homelessness in our state and within our community. The bill contains no solutions for
homelessness. It offers no new programs, no funding for housing, and no effort to improve
services. In fact, the bill specifically states, "Passing this Act will not reduce homelessness."
Instead, it creates a special set of exemptions and privileges for one group of people and
undermines the equal applicability of laws.
While staff and the League oppose this measure's approach, there is a commitment to
supporting efforts across the state and in communities that address the homeless issue in a
constructive manner. The League is encouraged by Senator de Leon's recent "No Place Like
Home" proposal that will provide much needed funding for housing for the mentally ill
homeless, and augmentations to existing shelter resources.
Removing local control to address issues associated with the homeless is the wrong
approach. It will make things more difficult in the community and does absolutely nothing to
help people get off the streets. Staff respectfully requests the City Council oppose this bill and
authorize a letter of opposition be sent to the author.
Fiscal Analysis
There is no direct fiscal impact related to the City's opposition of SB 876 (Liu).
Submitted By:
f
StepheF� Y. / ryan, Risk *nager
ith, City Manager
AMENDED 1N SENATE FEBRUARY 22, 2016
SENATE BILL
Introduced by Senator Liu
January 14, 2016
No. 876
An act to add Part 2.2 (commencing with Section 53.8) to Division
1 of the Civil Code, and r►...;.. i Seetio - 11135 of, and to add Section
11139.2 to, the Government Code, relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
SB 876, as amended, 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 also1i.,;1"dc, QAz,1ttsiot10diserimination based ttpon homeless status. The bill would pmhibi
• ties, cities
and w ._tie.. r.]
C:7LIti3� LVU[[Ll , , � ali l4a 1a V1IJ lL�iA�v1[v1V5-CII4I-IGeeare
sWe ftmds from enacting or enf;areing a law that bans resting ift ft Fttblie
spaee, 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
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SB 876 — 2 —
specified. DVVKNJV '4tG bill laerl KgVIiViVU to perform
duties,additional ' iz & it
F.;,6.&.... The
bill would state the intent of the Legislature that these provisions be
interpreted broadly so as to prohibit policies or practices that are
discriminatory in either their purpose or effect.
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.
Because the bill would require local agencies to perform additional
duties, it would impose a state -mandated local program.
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
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3 — SB 876
1 and civilian mental health system, and a diminished social safety
2 net.
3 (b) According to the United States Department of Education,
4 284,086 schoolchildren were known to have experienced
5 homelessness in the 2013-14 school year.
6 (c) Homelessness is an independent risk factor for a number of
7 illnesses, making people more susceptible to increased health
8 problems due to high stress, sleep deprivation, unsanitary
9 surroundings, lack of access to hygiene facilities, and a myriad of
10 other situational stressors experienced by people without stable
11 housing. Subsequently, people who are chronically homeless are
12 more medically frail and three to four times more likely to die
13 prematurely than their housed counterparts.
14 (d) Throughout California, local governments have enacted
15 ordinances that make it illegal to rest or receive nourishment in
16 public spaces.
17 (e) Ending homelessness in California will require significant
18 state and federal resources and there is ample evidence that policies
19 that invest in ending homelessness, rather than criminalizing and
20 marginalizing people who are experiencing homelessness,
21 adequately balance the needs of all parties: community residents,
22 government agencies, businesses, and men and women who are
23 experiencing homelessness.
24 (f) Passing this act will not reduce homelessness, but neither
25 will local ordinances that criminalize homelessness. Instead,
26 ordinances that criminalize homelessness result in increased
27 incarceration rates and financial indebtedness of people who simply
28 have no means of support and prolong homelessness by making
29 it more difficult for people to secure housing, employment, and
30 medical care. Criminalization policies further marginalize men
31 and women who are experiencing homelessness, fuel inflammatory
32 attitudes, and may even unduly restrict constitutionally protected
33 liberties.
34 (g) That is why, on September 18, 2015, the United States
35 Department of Housing and Urban Development included in the
36 annual Notice of Funding Availability for the Continuum of Care
37 funding competition, provisions that would award additional points
38 to any application that could include steps the community is taking
39 to reduce criminalization of homelessness.
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SB 876 — 4 —
1 (h) It is also why, on August 6, 2015, the United States
2 Department of Justice submitted a rare statement of interest in a
3 United States District Court in opposition to the criminalization
4 of people who are homeless, calling it cruel and unusual
5 punishment to punish someone for a crime with the potential for
6 imprisonment and a violation of constitutional rights.
7 (i) While these ordinances apply to all residents, they
8 disproportionately impact people without homes, who have no
9 private place to rest or seek nourishment, and are often selectively
10 applied by law enforcement to people based upon their appearance
11 or an assumption of homelessness.
12 0) In practice, these ordinances deprive persons experiencing
13 homelessness and those who may be perceived as homeless of a
14 safe and legal place to rest and seek nourishment, which adversely
15 impacts their health and well-being.
16 (k) Sleep deprivation impairs cognitive processes and puts one
17 at risk for obesity, heart disease, heart attack, heart failure, irregular
18 heartbeat, high blood pressure, stroke, diabetes, and depression.
19 People who are homeless suffer from sleep deprivation and, absent
20 a place to rest, they suffer it more frequently.
21 (n Because current practices have denied the right to adequate
22 legal representation to people cited or arrested while resting or
23 sharing food, homeless persons are often denied relief or damages
24 through the courts.
25 (m) Both the federal government, through its Interagency
26 Council on Homelessness, and the United Nations have recognized
27 that discrimination and criminalization violate a homeless person's
28 human rights and have called upon state and local governments to
29 cease enactment and enforcement of those laws.
30 (n) Homelessness and the increasing criminalization of
31 homelessness and discrimination against those experiencing
32 homelessness are widespread throughout California and are matters
33 of statewide concern.
34 (o) Section 1 of Article I of the California Constitution provides
35 that "[a]ll people are by nature free and independent and have
36 inalienable rights. Among these are enjoying and defending life
37 and liberty, acquiring, possessing, and protecting property, and
38 pursuing and obtaining safety, happiness, and privacy," without
39 qualification as to whether or not a person is, or appears to be,
40 homeless.
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SB 876
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(p) Subdivision (a) of Section 7 of Article I of the California
Constitution provides that "[a] person may not be deprived of life,
liberty, or property without due process of law or denied equal
protection of the laws ...."
(q) Concordant with this fundamental belief, a person should
not be subject to discrimination based on his or her income, housing
status, or ability or desire to appear housed. Therefore, it is the
intent of the Legislature in enacting this legislation to protect the
rights of all Californians, regardless of their housing status, and
ameliorate the adverse effects caused by the criminalization of
homelessness on our communities and our citizens.
(r) Decriminalization of rest allows municipal governments to
redirect resources from local enforcement activities to activities
that address the root causes of homelessness and poverty.
SEC. 2. Part 2.2 (commencing with Section 53.8) is added to
Division 1 of the Civil Code, to read:
PART 2.2. HOMELESS PERSONS
53.8. For purposes of this part, the following definitions shall
apply:
(a) "Homeless persons," "homeless people," or "persons
experiencing homelessness" means those individuals or members
of families who lack a fixed, regular, and adequate nighttime
residence, including people defined as homeless using the criteria
established in the Homeless Emergency Assistance and Rapid
Transition to Housing (HEARTH) Act of 2009.
(b) "Motor vehiele" means it motor vehiele as defined in See
415 of the V1 Mile n_a_
(e)
(b) "Public space" means any property that is owned by a
government entity or 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.
I.-s 1
()
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SB 876 — 6
1 (c) "Rest" means the state of not moving, holding certain
2 postures that include, but are not limited to, sitting, standing,
3 leaning, kneeling, squatting, sleeping, or lying.
4 53.81. (a) 1'e�It is the intent of the Legislature that this
5 section be interpreted broadly so as to prohibit policies or practices
6 that are discriminatory in either their purpose or effect.
7 (b) Persons experiencing homelessness shall be permitted to
8 use public space in the ways described in this section at any time
9 that the public space is open to the public without discrimination
10 based upon their housing status, and without being subject to
11 criminal, civil, or administrative penalties. Permitted use of the
12 public space include, but are not limited to, all of the following:
13 (1) Free movement without restraint.
14 (2) Sleeping or resting, and protecting onself from the elements
15 while sleeping or resting in a nonobstructive manner.
16 (3) Eating, sharing, accepting, or giving food in a space in which
17 having food is not otherwise generally prohibited.
18 (4) Praying, meditating, worshiping, or practicing religion.
19 (bj
20 (c) Nothing in this section shall prevent law enforcement from
21 enforcing laws to protect the right of people to use the -sidewica,"
22 sidewalk pursuant to the Americans with Disabilities Act of 1990
23 (42 U.S.C. Sec. 12101 et seq.).
24 (e)
25 (d) Nothing in this section shall prevent law enforcement from
26 enforcing the Penal Code, except subdivision (e) of Section 647
27 of the Penal Code, so far as it prohibits rest.
28 53.82. (a) Any person whose rights have been violated pursuant
29 to this part may enforce those rights in a civil action.
30 (b) The court may award appropriate injunctive and declaratory
31 relief, restitution for loss of property or personal effects and
32 belongings, actual damages, compensatory damages, exemplary
33 damages, statutory damages of one thousand dollars (S1,000) per
34 violation, and reasonable attorney's fees and costs to a prevailing
35 party.
36 SEC. 3.Seetion 111-3� of the -G:...:..c.:1-�- ;s arricn4ed
37 to read:
38 11135. ,
39 basis ofrnee, national origin, ethnie group identifiestion, .- z2.*6`
40 ,
98
-7—
SB 876
1 or homeless status, be tmhnvf.;11., Al ftill and equal aeeess to
2 s v:.a.;;Y.L.vent-an utiver,
3 , or adfl-kirtist
4 ,
6 , I!zG tJ the Galifornia State
7 University.
8 s V: ll laauia`.on the bitsis of disabihty,
9 progrmns and netivities subject to subdivision (a) shall meet
10 preteet:6..L "d
11 . sal. 121' ,
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and the federal rules M1.Y 1Vb"K1u Y.V LS &
thereof-, emeept that if the laws of this state preseribe stronM
FrOteetions and prohibitions, the r'.uba ia.i.0 a.-J aetivities-subjeet
to sAdivision (it) shall be s*eet to the stronger protections
(e) (1) As used in this section, "disability" means my men
(2) The Legislature finds and deelmvt-t�v iaua v,.Jments
made to this net are deelarative of existing law. The 1:egislome
ua,�,' v:aaa
wrrlj
the Golifemin State University in the same manner th
sttb%L aS.0 aau , , iarkl.av
d to the California State
'ly is subjeet to tea€
stibdiviSiVr/n e.), pit is*,t..e intention of the Legislatum
.l: V: 1.•iLS 1r
tlia. bVf. Vl MV�V•V�/...� V. �/.UYYI.ub V
deL, :,ale of 1Q-i,-,/.c ,:iig-er-proe3ra.:6 J,1✓wvaYaG Jr
information technology, eensider whether teehnology that meets
r,::&"..A t:; pci al, �'2) oFsnbdivisier�
(d) will reduee the long term eest ineurred by the California Stat-e
Univers4y in providing to ftiture users
of this teehnology v'x� & a persons with disab litiri, 4G required
by--exisiirEb lwn, ii-. lading-this-seetton, TIllc H of the fe
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SB 876
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aitiliM VLVi;/'UVLIIV U1 is Oftert aa •VJraAaV1
f6netion for sueeessful employment in the eemnt work world-.
(2) inaiderfio aaiira�'i'v uvLr351IIt��'lliUi�bJ,arid
dividuals with
therefore increase the stteeessfidl elllpl
, in develhard of -he
mamtatrting, o. ttsitti zlzzL oiil�. r i
teehnologyL, either indireetly or through the use of state funds -by
other entities, shall eomply with the meessibility requirentent
Section 508 of the federal Rehabilitation Aet of 1973, as amended
,md regulationslull V111V that a
{� set fort in
Part 1194
194 of
Title
tl�fL.. a'L %-. Cull C\Ac, Vl
(3) Amy entity that corAT-Ilets with it state o lvvl,l �rlldty subjeet
tz th i 3 GFteehnology or foi the rOV'S'Ott of eleetrottie or information
YJ. V 'I // lJl Vla Va 1 VL14Led Jva I av VJ Ja11y
l agme to
'tS Froduets or services that is breught to the aftention of the entity.-
thesatne ___ - at-thcjsQ iQ,: b a..:, 11.�1111
cl✓,., li4�laili a Giil,iiy Ahtx& b�J" Y
identifieation, religion, age, sex, cxuu.l arientation, 1.._
disability" inelud G w 1vi- that u,rv.-0 1w; .L;j Jf these
has, or is �o have, any &f -hartteteristim
(g) As used in this seetion, "genetie information" has the same
definitio/�l p lS
1►J aaa to Va.ab. 4iJ1i k�4a, aJaV as ��\/eeEl�/ll r7l V1
3..Iw,,, �, 'IpeOFie
,, eXmeans those individuals or .Yt___
of fmilies who laek a fixed, regular, and adequate nighttime
(i) As used in this
L( „
�} 1 7 P. U s/1�VaLpL1��►[
dmt aJ V ��I'a1V �" • Vllull VLLL V11L 1{, r•��• ;+•+1V1+
thereis f IG li,?j open to the
public, including, but not4imitcd to, plams, ectirtyards,
paAcmg
iVcb, 111�1r W"1► ,�ai. ta'isu 'Jr ua� 1:_� f__Cl.a: -- -..-1 ./v. i.v...�, pRL7II�
parks.buildings, shopping eenters, and
.!
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— 9 — SB 876
1 "rest" means the state ofriet tneving,-
2 hvldirkgeeAa*;-- r r, d�wes that , sitting,
3 , sleeping, or lying. Rest also
�r �_� t y
4 :..�� J'uLui.lrTL�7ISrlT it � Vllli.ais; -in$
5 .
7 herneless staws laek a private spaee to rest, arid,Trruy
8 must rest irt a publie Vaee-.
9 itent o & c Lcgislature to protect the rights of all
10 peepi:., u:Mkdd-::6 ll..N r/ ::r �::; :;; :i; , in order -ter
11 diminish.L,. AZ .x .., r..aiuii.ciya3:t.ii Z,a:�a
,6ed in violating
12 the fitntimental right to rest.
13 (m) In orde, to ensure full and equal aeeess to the benefits
14viIthe
15 administration of mypi ii 6, a'iu , operated, mr
16 administered by the state or any state agency fttnded diree"
17 the state, oi that �_m the .
iiaao.C�l [tss.sk4.l,,ti `e,
18 no eitr,
n, ,
19 �ds shall �r1;�4r� Va 1r111 V11+1ra law that bans resting in a publie
20 V&za, rz a+i+;.ui; u;►u;ii6
21 BIi,1JlU4 1 U
rth_ Giyil n_a_
22 S FG. 4.
23 SEC. 3. Section 11139.2 is added to the Government Code, to
24 read:
25 11139.2. To improve monitoring of discrimination based upon
26 housing status and violations of Section 1 ;ems Part 2.2
27 (commencing with Section 53.8) of Division 1 of the Civil Code,
28 and to ensure that people who are experiencing homelessness are
29 not unlawfully denied full and equal access to the benefits of
30 state -funded programs or assistance, or unlawfully subjected to
31 discrimination, all applicants for the United States Department of
32 Housing and Urban Development's Continuum of Care Homeless
33 Assistance Program shall annually provide to the Department of
34 Housing and Community Development's Division of Housing
35 Policy Development a copy of its application for funding from the
36 United States Department of Housing and Urban Development
37 that includes the organization's response to the application question
38 regarding steps that its community is taking to reduce
39 criminalization of homelessness.
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SB 876 —10 —
1 SEC.
2 SEC. 4. If the Commission on State Mandates determines that
3 this act contains costs mandated by the state, reimbursement to
4 local agencies and school districts for those costs shall be made
5 pursuant to Part 7 (commencing with Section 17500) of Division
6 4 of Title 2 of the Government Code.
98
March 10, 2016
The Honorable Senator Carol Liu
California State Senate
State Capitol, Room 5097
Sacramento, CA 95814
RE: SB 876 (Liu) Enforcement of Local Ordinances
NOTICE OF OPPOSITION
Dear Senator Liu:
On behalf of the City of Palm Desert I regret to inform you of our opposition of Senate Bill 876
(Liu). This measure is preempting 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 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. 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.
For the aforementioned reasons we oppose this bill. Please contact Stephen Y. Aryan, Risk
Manager, at (760) 346-0611 if we can be of any further assistance in this matter
Sincerely,
ROBERT A. SPIEGEL
MAYOR
cc: City Council
The Honorable Jeff Stone, California State Senate
The Honorable Chad Mayes, California State Assembly
Anthony D. Gonsalves, Joe A. Gonsalves & Sons (gonsaives@gonsalvi.com)
Erin Sasse, League of California Cities (esasse@cacitie;, )
Meg Desmond, League of California Cities, mdesmond @ cacities.ora
John M. Wohimuth, City Manager
Rudy Acosta, Assistant City Manager
Stephen Y. Aryan, Risk Manager
Paul S. Gibson, Director of Finance/City Treasurer
!�.�,
LEAGUE®
.A kv
OF CALIFORNIA
,
aCITIES
February 4, 2016
The Honorable Senator Carol Liu
California State Senate
State Capitol. Room 5097
Sacramento, CA 95814
RE: SB 876 (Liu) Homelessness
Notice of Opposition
Dear Senator Liu:
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916,658.8240
www.cacities.org
The League of California Cities regrets to inform you of our opposition to your SB 876. As we
conveyed to your staff at our recent meeting, we view this measure as preempting 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 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.
Homelessness is a pervasive problem affecting many communities across our state. As a result,
many local governments, non -profits and social service providers are trying various creative
solutions to get people housed and into the treatment programs they need to permanently get off
of the streets. bast fall, the League formed a statewide working group of city officials and staff
who are tackling the problem to share best practices and receive input on what is needed to make
additional progress with strategies that best serve local needs. The consensus was clear:
legislation that seeks to combat homelessness should focus on solutions and provide resources
that help get people off of the streets and into shelter and housing.
The key to getting people off of the streets is to provide more shelter, 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.
We have heard from members of our working group that many cities have formed special task
forces on homelessness that combine city, county, law enforcement, social service providers and
non -profits all working together to come up with creative ways they can partner and address the
homeless problem.
In our discussions with local officials who are working on a daily basis on these issues, the
consensus was clear. 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. 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.
While we oppose this measure's approach, the League is committed to supporting efforts across
the state and in our communities that address the homeless issue in a constructive manner. In that
vein, we are encouraged by Senator de Leon's recent "No Place Like Home" proposal that will
provide much needed funding for housing for the mentally ill homeless, and augmentations to
existing shelter resources. We look forward to supporting such efforts to develop resources to
provide affordable housing and services to actually serve our chronically homeless and help
them get off of the streets.
The League is genuinely interested in finding workable solutions to this growing problem. We
appreciate the meeting we had with your staff where we expressed our concerns, and we look
forward to continued discussions.
If you have any questions or if I can be of any assistance, please call me at (916) 658-8250.
Sincerely,
Ir'
Kendra I larris
Legislative Representative
Cc: Chair and Members, Senate Committee on Transportation and Housing
Alison Dinmore, Consultant, Senate Committee on Transportation and Housing
Doug Yoakam, Housing Consultant, Senate Republican Caucus
League Adopts Housing Affordability as a Strategic Priority; Legislature Also Focusing
on Issue
Proposals under Legislative Discussion Range from Identifying More Resources to Removing
Local Authority
February 5, 2016
Last November the League board of directors, following a policy setting retreat with other League
leadership, identified addressing housing affordability and securing more resources to assist the
chronically homeless as one its top three_policy_.prioritjes for 2016.
The applicable policy reads: Improve Housing Affordability. Increase state and federal financial
support, reduce regulatory barriers, and provide additional incentives and local financial tools to address
chronic homelessness and improve housing affordability and availability in cities throughout the state.
The rationale for this priority is obvious: cities are on the front lines of this issue but there is little to work
with. The causes include growing income disparity, uneven recovery from the recession, fewer jobs
paying a living wage, flawed and disorganized systems of social services and decades of federal
divestment in affordable housing production, coupled with the recent elimination of California's
redevelopment agencies and the exhaustion of state housing bonds.
California has an estimated affordable housing shortage of more than one million homes. Funding for
development and preservation of affordable homes dropped by a whopping 79 percent, from
approximately $1.7 billion annually to nearly nothing. Collectively, it's not a pretty picture.
Recent League Actions
Leadership Meetings: The League's executive officers in early January met with leadership in
the Legislature and Gov. Jerry Brown to discuss League strategic priorities and goals, including
concerns about affordable housing. Executive officers also met with leaders from the California
Building Industry Association to discuss shared priorities and how we can partner, especially
around the need for affordable housing.
Outreach to County Partners: Executive Director Chris McKenzie recently met with the County
Administrative Officers (CAOs) and specifically discussed League priorities around housing
affordability and homelessness. Discussion ensued on the possibility of forming a joint task force
with the CAOs on homelessness issues.
Internal Homeless Working Group: The League convened an informal homelessness working
group last fall comprised of city staff and elected officials from 19 diverse cities to help the
organization craft positions on how state policies can best serve local communities in addressing
this crisis. The committee examined what currently works at the local level, cities' needs and the
ways in which state and federal programs and policies are successful or problematic in the effort
to address homelessness. Local governments, nonprofits and social service agencies are
innovating at the local level with solutions to get people housed and into the treatment programs
they need to permanently get off the streets. Funding is one of the greatest challenges to
success.
The group drafted a series of principles that League policy committees adopted in mid -January.
The principles recommended that the League should support legislation and advocate for
additional funding for emergency housing, affordable housing, mental health, permanent
supportive housing, homelessness prevention programs, etc. Recommendations were also made
to support funding streams that are flexible and that incentivize regional cooperation, policies or
legislation that enhances the use of housing vouchers and changes in problematic policies or
regulations that hinder work in this area to name a few. These principles will be considered by the
board of directors when it meets Feb. 18-19. The consensus is clear — California needs
legislation that combats homelessness should focus on solutions and provide resources that get
people off the streets and into shelter and housing.
Recent Legislative Action
Fall Informational Hearings: During the fall recess, several Senate Transportation and Housing
Committee hearings were held focused on homelessness, housing affordability and crisis, mental
health and other services for veterans.
Senator Kevin de Leon Launches Ambitious Funding Proposal: Senate President Pro
Tempore Kevin de Leon (D-Los Angeles) announced on Jan. 5 a bipartisan proposal to fund
efforts to combat homelessness and help California's lowest income residents. Called No Place
Like Home, the Senate leader projects that this initiative would fund 10,000 or more housing units
throughout the state. This constructive approach would establish a S2 billion bond to build
permanent supportive housing for mentally ill homeless individuals to be funded by the Mental
Health Service Act (Proposition 63 of 2004).
Other Helpful Legislation: Feb. 19 is the Legislative deadline to introduce bills. Numerous bills
are expected to be introduced in the coming weeks aimed at providing additional resources for
affordable housing.
Upcoming Hearing: The Senate Budget and Fiscal Review Committee will hold an informational
hearing on Feb. 25 titled Challenges and Opportunities: Homelessness in California's Local
Communities.
Proposal to Remove Local Authority: Sen. Carol Liu (D-La Canada Flintridge) recently
introduced SB 876, which proposes to reduce local regulatory authority to address homeless
activities in public and private spaces. While the author may be well -intended, the League
disagrees that removing local authority to regulate homeless activities offers a solution; rather it
would compound problems for local communities. The League's opposition letter is online.
Next Steps
City officials should expect a robust discussion in the Legislature this year on how to respond to housing
affordability and chronic homelessness challenges. That's positive and appropriate. The League will
engage in these discussions and advocate for constructive proposals that bring resources and assist local
agencies. While there will be opportunities to secure significant additional resources, clearly local control
and flexibility must be protected as well. Legislators should be encouraged to help not hinder local efforts
to address affordable housing challenges.
ACTION ALERT!!
SB 876 (Liu). Enforcement of local Ordinances
OPPOSE
Background for SB 876 (Liu):
This measure would preempt 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 not limited to,
plazas, courtyards, parking lots, sidewalks, public transportation facilities, public buildings, shopping
centers and parks. In such areas, homeless individuals would be empowered to occupy such spaces
indefinitely, including with tents and other shelter, while reducing access to all other members of the
public.
Despite this bill being well -intended, SB 876 (Liu) would not solve the challenges of homelessness in our
state and within our communities. The bill contains no solutions for homelessness. It offers no new
programs, no funding for housing, and no effort to improve services. In fact, the bill on page 3, line 16,
specifically states, "Passing this Act will not reduce homelessness." Instead, it creates a special set of
exemptions and privileges for one group of people and undermines the equal applicability of laws.
Local agencies must continue to be able to protect the public, health, safety and welfare of their
communities.
This measure will not make a positive impact in the effort to address chronic homelessness.
WE SUPPORT ALTERNATIVE LEGISLATION: While we oppose this measure's approach, the
League is committed to supporting efforts across the state and in our communities that
address the homeless issue in a constructive manner. We are encouraged by Senator de
Le6n's recent "No Place Like Horne" proposal that will provide much needed funding for
housing for the mentally ill homeless, and augmentations to existing shelter resources.
i+ In 2016 the League is engaged in many efforts to respond to the challenge of housing
affordability and addressing chronic homelessness:
htt www_cacities.org/Top/News/News-Articles/2016/February/League Adopts HousinL-
Afford abilitv-as-a-Strategic
ACTION:
SB 876 is expected to be scheduled to be heard in Senate Transportation and Housing
Committee in the coming weeks.
1) If you have a Senator on either of these committees, please GALL your Senator as
soon as possible and urge their opposition to this measure.
2) Please send a letter of CITY OPPOSITION to your Senator. Sample letter is attached or
you may use the Leaeue's Action Center to submit a letter online.
SENATE TRANSPORTATION AND HOUSING MEMBERS
Member Dietrkt I Room ( Phone
Allen. Ben 26 i 2054 I 916 651 4026
Bates. Patricia 36 j 4048 I 916 651 4036
I - - Beall. Jim (Chair) _..
Cannella. Anthonv (Vice Chair)
Gaines, Ted
Galaiani. Cathleen
Lewa, Connie
McGuire Mike
Mendoza. Tonv
Roth. Richard
fWieckowski, Bob
Talking Points:
15
5066 I
916 6514015
12
j 5082
916 651 4012
I 1
{ 3070
916 6514001
5
12059
916 651 4005
20
4061
916 651 4020
2
5064
916 651 4002
32
5061
I
916 651 4032
31
4034
I
916 651 4031
f 10
f 308-6 F
916 651 4010
• 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.