HomeMy WebLinkAboutAB 718 - Vechiles Used for Human HabitationCITY OF PALM DESERT XJ
PUBLIC SAFETY COMMISSION
STAFF REPORT
REQUEST: CONSIDERATION TO APPROVE A LETTER OF OPPOSITION FOR AB 718
(CHU)-REMOVAL OF REGULATORY AUTHORITY: VEHICLES USED FOR
HUMAN HABITATION.
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation
Stephen Y. Aryan, Risk Manager
June 11, 2015
Letter of Opposition
AB 718 (Chu) Bill Text
By Minute Motion, approve a letter of opposition for AB 718 (Chu).
Commission Recommendation
The Palm Desert Legislative Review Committee, at the time this report was prepared, has not
reviewed this matter, as they are scheduled to meet on June 5, 2015.
Background
AB 718 would prohibit local agencies from enforcing laws and ordinances, or otherwise subject to
civil or criminal penalties, the act of people sleeping or resting in a lawfully parked motor vehicle.
While a vehicle may be "lawfully parked" in a residential neighborhood or in the parking lot of a
business, that does not mean that it is acceptable to have people live there. The issues raised by
AB 718 are less about parking, and more about the use of vehicles for human habitation, including
sleeping and "resting" in front of existing homes and businesses.
City parking locations whether on public or private property were never intended or designed for
residential occupancy. Such uses raise major issues of sanitation, as well as the ability of residents
to feel secure in their homes and enable the conduct of business activity.
The City of Palm Desert works diligently to balance all of its community's needs. Staff feels it is not
appropriate for the Legislature to attempt to remove local government authority to appropriately
protect the public health, safety and welfare.
What is most needed to combat homelessness is funding for affordable housing and emergency
shelters. We encourage legislators to support additional funding for affordable housing and
homeless solutions. As this measure would undermine local authority to appropriately protect the
public health, safety and welfare of our residents, we must oppose AB 718.
Staff believes that real solutions lie in providing resources for affordable housing and
supporting Roy's Resource Center, not creating a measure that would undermine local
authority to appropriately protect the public health, safety and welfare. Furthermore, this
legislation creates complications as it contradicts the City's park (curfew) and recreational
vehicle ordinances. Staff recommends opposing this bill for the aforementioned reasons.
Staff Report: AB 718 (Chu)
June 11, 2015
Page 2 of 2
Fiscal Analysis
There is no direct fiscal impact related to the City's opposition of AB 718 (Chu).
Submitted By:
Stephen Y. Aryan, Risk M,Anager
G
M. Wohlmuth, City Manager
June 12, 2015
The Honorable Kansen Chu
California State Assembly
State Capitol, Room 2179
Sacramento, CA 95814
AB 718 (Chu) — Removal of Regulatory Authority: Vehicles Used For Human Habitation
Letter of Opposition
Dear Assembly Member Chu,
On behalf of the City of Palm Desert, I write to inform of our opposition to AB 718,
which would prohibit local agencies from enforcing laws and ordinances, or otherwise subject
to civil or criminal penalties, the act of people sleeping or resting in a lawfully parked motor
vehicle.
While a vehicle may be "lawfully parked" in a residential neighborhood or in the parking
lot of a business, that does not mean that it is acceptable to have people live there. The
issues raised by AB 718 are less about parking, and more about the use of vehicles for human
habitation, including sleeping and "resting" in front of existing homes and businesses.
City parking locations whether on public or private property were never intended or
designed for residential occupancy. Such uses raise major issues of sanitation, as well as the
ability of residents to feel secure in their homes and enable the conduct of business activity.
This measure should be rejected. Cities work hard to balance all of the needs of their
communities. It is simply not appropriate for the Legislature to attempt to remove local
government authority to appropriately protect the public health, safety and welfare of their
residents from issues that arise when people live outside of campgrounds in cars and trucks
parked on public and private property. These are not easy issues to deal with, but they cannot
responsibly be ignored.
While we oppose the approach of AB 718 we share your desire to address the root
causes of homelessness. What is most needed to combat homelessness is funding for
affordable housing and emergency shelters. We encourage legislators to support additional
funding for affordable housing and homeless solutions.
AB 718 (Chu) -Letter of Opposition
June 12, 2015
Page 2of2
As this measure would undermine local authority to appropriately protect the public
health, safety and welfare of our residents, we must oppose AB 718. Please contact Stephen
Y. Aryan, Risk Manager, if we can be of any further assistance in this matter.
Sincerely,
SUSAN MARIE WEBER
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 (gonsalves @ gonsalvi.com)
Erin Sasse, League of California Cities (esasse@cacities.org)
John M. Wohlmuth, City Manager
Rudy Acosta, Assistant City Manager
Stephen Y. Aryan, Risk Manager
Paul S. Gibson, Director of Finance/City Treasurer
AMENDED IN ASSEMBLY MAY 18, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 718
Introduced by Assembly Member Chu
(Coauthor: Assembly Member Gonzalez)
February 25, 2015
An act to add Section 50034 to the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 718, as amended, Chu. Local government: powers.
Existing law authorizes the legislative body of a city or county to
pass ordinances not in conflict with state or federal law and the state or
federal constitution.
This bill would prohibit the legislative body of a city, county, or city
and county from prohibiting, prohibiting or otherwise subjecting to
civil or criminal penalties, or removing or impounding a motor vehicle
by reason of, the act of sleeping or resting in a lawfully parked motor
vehicle. The bill would also find and declare that the provisions of the
bill address the health and safety of homeless individuals, a matter of,
statewide concern, and that therefore, they apply to charter cities,
charter counties, and charter cities and counties.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
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AB 718
The people of'the State of California do enact as.follows:
1 SECTION 1. The Legislature finds and declares that the
2 provisions of this measure address the health and safety of
3 homeless individuals, a matter of .statewide concern, and that
4 therefore, they apply to charter cities, charter counties, and charter
5 cities and counties.
6 SECT�T
7 SEC. 2. Section 50034 is added to the Government Code, to
8 read:
9 50034. The legislative body of a city, county, or city and county
10 shall notlm-el�, prohibit or otherwise subject to civil or criminal
11 penalties, or remove and impound a motor vehicle by reason of,
12 the act of sleeping or resting in a lawfully parked motor vehicle.
O
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