The URL can be used to link to this page

Home My WebLink About5.1 Oppose Vehicle Use for Hman Habitation CA)of1' ; 2 STAFF REPORT CITY CLERK CITY COUNCIL File #660-40 DATE: June 2, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager (1/ ( SUBJECT: Consideration of State Legislation AB 718 (Chu) — Removal of Regulatory Authority: Vehicles Used for Human Habitation Prepared by Roger Bradley, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider sending a letter to members of the California Assembly indicating the City's opposition to Assembly Bill 718, which is proposed legislation that would allow an individual to live within a vehicle anywhere on the City's streets. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council authorize the Mayor to sign and send a letter of opposition to Assembly Bill 718 (Chu) - Removal of Regulatory Authority: Vehicles Used for Human Habitation. , Reviewed By Assistant City Manager DESCRIPTION: The League of California Cities ("League") monitors proposed legislation at the State level on behalf of its member agencies, which includes the City of Dublin. When the League determines that a particular legislative proposal would have an adverse impact on municipalities, it sends out an action alert to its member agencies requesting a letter of opposition be sent. Such letters of opposition inform our representatives of our concerns and often serve as catalysts for change in the legislative language or abandonment of legislation that would be adverse to our communities. Recently, Staff has received and action alert from the League regarding Assembly Bill 718 (Chu) — Removal of Regulatory Authority: Vehicles Used for Human Habitation (Attachment 1). Page 1 of 2 ITEM NO. 5.1 This measure, as drafted, 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. City parking locations whether on public or private property –other than campgrounds—were never intended or designed for residential occupancy. While AB 718 seeks to remove local authority to regulate such activity, the community impacts that will be imposed by this bill cannot be avoided: • By combining the terms "sleeping" and "resting" within a vehicle, to the time that the occupant may be otherwise outside of the vehicle, the bill appears to be designed to allow an individual to live in a vehicle anywhere on either public or private property where it is not otherwise forbidden to park a vehicle. • It is one thing to park an empty car in front of someone's house; it is quite another for an occupied vehicle to be parked "resting" in front of the house for hours and days. The property owner will want to know: Who is this person? What is their intention? How can you tell if they are "resting" under SB 718 versus stalking the home or its occupants? Under AB 718, the bill appears to prohibit a police officer from asking the person to move or issuing a citation if they don't. Presumably, if there were no other parking restrictions, the vehicle and its occupants could remain there until the city adopted an ordinance prohibiting all parking in that area. • Commercial properties would face similar issues. One or more vehicles could park in front of a business removing potential parking spots for customers, and depending on the conduct of the occupants, potentially intimidate the public from visiting the location. • What about public health and sanitation? How is human waste to be addressed? What does the term "resting" apply and not apply to? • Would "rights" reserved to the home, such as keeping and bearing arms, consumption of alcohol, and other private activity extend to someone sleeping or "resting" in an automobile on a public street or on private property? The League recommends and Staff concurs that this measure 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. As a result, Staff recommends that the City Council authorize the Mayor to sign and send a letter of opposition (Attachment 2) to Assembly Bill 718. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Assembly Bill 718 (Chu) - Removal of Regulatory Authority: Vehicles Used for Human Habitation 2. Letter Opposing Assembly Bill 718 Page 2 of 2 June 2, 2015 f�� , The Honorable Kansen Chu California State Assembly CITY OF State Capitol, Room 2179 DUBLIN Sacramento, CA 95814 Via FAX: (916) 319-2125 100 Civic Plaza RE: Notice of Opposition to AB 718(Chu)—Removal of Regulatory Authority Dublin,California 94568 Phone:(925)833-6650 Dear Assembly Member Chu, Fax:(925)833-6651 On behalf of the City of Dublin City Council, I write to inform you 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. Both public and private parking locations within the City, other than campgrounds, were never intended or designed for residential occupancy. Doing so would create major concerns about sanitation, the ability of residents to feel secure in their homes, and its impact on the conduct of business activity. 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 in cars City Council and trucks parked on public and private property. These are not easy issues to deal with, but they (925)833-6650 cannot responsibly be ignored. What is most needed to combat homelessness is funding for City Manager (925)833-6650 affordable housing and emergency shelters. There are several major pending measures that can Community Development help restore funds for affordable housing; I encourage legislators to support additional funding for (925)833-6610 Economic Development affordable housing and homeless solutions. (925)833-6650 Financ e Services (9zs)833-664 o Because this measure would undermine local authority to appropriately p rotect the public health, Fire Prevention safety and welfare of our residents,the City of Dublin City Council must oppose AB 718. (925)833-6606 Human Resources (925)833-6605 Sincerely, Parks&Community Services (925)556-4500 Police (925)833-6670 Public Works/Engineering (925)833-6630 David Haubert Mayor Cc: Dublin City Council Mayor Ruth Atkin,City of Emeryville Dublin Assembly Member Catharine Baker via Mayor Bill Harrison,City of Fremont RII-AmericaCify FAX(916)319-2116 Mayor Barbara Halliday,City of Hayward 1 Sam Caygill, Regional Public Affairs Manager, Mayor John Marchand,City of Livermore East Bay Division,scaygill @cacities.org Mayor Al Nagy,City of Newark Tim Cromartie, League of California Cities, Mayor Libby Schaaf,City of Oakland 2011 tcromartie @cacities.org Mayor Margaret Fujioka,City of Piedmont www.dublin.ca.gov Mayor Trish Spencer,City of Alameda Mayor Jerry Thorne,City of Pleasanton Mayor Peter Maass,City of Albany Mayor Pauline Cutter,City of San Leandro Mayor Tom Bates,City of Berkeley Mayor Carol Dutra-Vernaci,City of Union City 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. 96 AB 718 —2— 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 Sir m�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 notes 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 96