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HomeMy WebLinkAbout _ 4.1(d)--Letter of Opposition for Senate Bill 634 � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: May 6,2025 FROM: Jason Gibilisco, Management ITEIVI NO. 4.1(d) Assistant to the City M�anager ***APPROVED BY*** � 3a�,c �s ,. s�n:sgc�ra� t. ,.av�ant t�J tPa��'�ty�1.�srsqz�r .&?3'3t)'S }�' Ip�ti2,��1 �92 t' ��f��t��{}°7., jgibilisco@cityofredding.org btippin@cityofredding.org SUBJECT: 4.1(d)--Letter of Opposition for Senate Bi11634 Recommendation Authorize the Mayor to sign a letter of opposition to Senate Bill 634 (Perez), which prohibits local jurisdictions from adopting or enforcing ordinances to address homelessness. Fiscal Impact There is no direct fiscal impact to the General Fund as a result of sending the attached letter or future letters of opposition or support. AZteNnative Action The City Council (Council) could decline to authorize the Mayor tio send the letter and provide alternate direction to staff. Background/Analysis Senate Bill (SB) 634 prevents local governments from creating or implementing rules to manage homelessness. Cities are implementing balanced approaches that proteet both the rights of individuals experiencing homelessness and the broader community's needs for safe, clean, and accessible public spaces. SB 634 sets back this progress by blocking local governments from creating any rules,policies, or guidance that penalize people experiencing homelessness, whether through civil or criminal means. If cities are not able to use civil or criminal enforcement remedies, cities wo�uld face increased legal liability and have no meaningful way to respond to urgent health and safety concerns. By eliminating all enforcement mechanisms, SB 634 gives people the right to stand, sit, lay, sleep, or put up a tent in any public place. Report to Redding City Council Apri130,2025 Re: 4.1(d)--Letter of Opposition for Senate Bi11634 Page 2 Environmental Review This is not a project as defined under the California Environmental Quality Act, and therefore no further action is required. Council P�^iority/City IYlccnageN Goccls • Public Safety — "Work to improve a11 aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding." Attachments ^SB 634 Letter of opposition +� I T Y �- �ITY �� �dC�l1�1� � =- ---� �77 Cypress Avenu�, Reddir��, CA �60(�1 "� -' PCJ �C�X 4��{��1, F��dcl�nc�, CA ��04J-�071 C L ( � � ���" ei�yofre�dir�g.c+rc� . ,,`�� W�WIWIW�WN4IVVII�Y Jack Munns,Mayor jmunns@cityofredding.org 530.225.4447 IVtay 6, 2025 The IIonorable Maria Elena Durazo Chair, Senate Local Government Committee California State Capitol, Room 407 Sacramento, CA 95814 RE: SB 634 (Perez) Homelessness: civil and criminal penalties Notice of OPPOSITION (As Amended 03/26/25) Dear Senator Durazo, The City of Redding must respectfully oppose SB 634 (Perez),which would prohibit local jurisdictions from adopting or enforcing ordinances to address homelessness. While we recognize the bill's intent, SB 634 would severely limit cities' ability to respond to the growing homelessness crisis in communities across California. Cities are implementing balanced approaches that protect both the rights of individuals experiencing homelessness and the broader community's needs for clean, safe, and accessible public spaces. SB 634 hinders this progress by prohibiting local governments from adopting any regulation,policy, or guidance that imposes civil or criminal penalties on a person experiencing homelessness. By eliminating all enforcement mechanisms, SB 634 gives people the right to stand, sit, lay, sleep, or put up a tent in any public place. Cities have been sued by business owners for allowing encampments to block access to businesses and by disability rights advocates over encampments that have obstructed sidewalks and public spaces. Without the ability to use civil or criminal enforcement remedies, cities would face increased legal liability and more importantly, have no meaningful way to respond to urgent health and safety concerns. The City of Redding recognizes that we must remain focused on connecting unhoused residents to housing and services, but cities also need basic tools to meet their legal obligations and protect public spaces. SB 634 also directly contradicts cities' efforts to address encampments in response to the Governor's November 2024 executive order. The order directed state departments and agencies to adopt policies to address homeless encampments on state properties and encouraged local governments to adopt similar policies or risk losing access to state homelessness funding. Cities want to help the state to realize our shared vision of reducing homelessness and supporting our most vulnerable residents. However, SB 634 leaves cities without any enforcement tools,hinders a cities ability to carry out the Governor's directive and jeopardizes state funding cities receive to address homelessness. Local jurisdictions are already working within a complex and evolving legal landscape, including recent federal court decisions like Johnson v. Grants Pass, which clarified constitutionallimits on how cities can. address homelessness through enforcement actions. In response to the Grants Pass ruling, the Governor stated: "Today's ruling by the U.S. Supreme Court provides state and 1oca1 officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets. This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities." SB 634 directly undermines this decision by stripping local governments of the authority to tailor enforcement strategies to their unique circumstances. It also disregards the years of legal efforts cities have invested to gain the clarity now provided by the Court. The City of Redding urges the Legislature to support policies that empower 1oca1 governments to act with compassion and urgency—not tie their hands behind their backs. SB 634 does not reflect the nuanced, community-led solutions that are showing promise across the state. For these reasons, the City of Redding must oppose SB 634 (Perez). Sincerely, Jack 1Vlunns City of Redding Mayor cc. The Honorable Megan Dahle (via email) The Honorable Heather Hadwick(via email) League Regional Public Affairs Manager(via email) League of California Cities, cityletters@calcities.org +� I T Y �- �ITY �� �dC�l1�1� � =- ---� �77 Cypress Avenu�, Reddir��, CA �60(�1 "� -' PCJ �C�X 4��{��1, F��dcl�nc�, CA ��04J-�071 C L ( � � ���" ei�yofre�dir�g.c+rc� . ,,`�� W�WIWIW�WN4IVVII�Y Jack Munns,Mayor jmunns@cityofredding.org 530.225.4447 IVtay 6, 2025 The IIonorable Maria Elena Durazo Chair, Senate Local Government Committee California State Capitol, Room 407 Sacramento, CA 95814 RE: SB 634 (Perez) Homelessness: civil and criminal penalties Notice of OPPOSITION (As Amended 03/26/25) Dear Senator Durazo, The City of Redding must respectfully oppose SB 634 (Perez),which would prohibit local jurisdictions from adopting or enforcing ordinances to address homelessness. While we recognize the bill's intent, SB 634 would severely limit cities' ability to respond to the growing homelessness crisis in communities across California. Cities are implementing balanced approaches that protect both the rights of individuals experiencing homelessness and the broader community's needs for clean, safe, and accessible public spaces. SB 634 hinders this progress by prohibiting local governments from adopting any regulation,policy, or guidance that imposes civil or criminal penalties on a person experiencing homelessness. By eliminating all enforcement mechanisms, SB 634 gives people the right to stand, sit, lay, sleep, or put up a tent in any public place. Cities have been sued by business owners for allowing encampments to block access to businesses and by disability rights advocates over encampments that have obstructed sidewalks and public spaces. Without the ability to use civil or criminal enforcement remedies, cities would face increased legal liability and more importantly, have no meaningful way to respond to urgent health and safety concerns. The City of Redding recognizes that we must remain focused on connecting unhoused residents to housing and services, but cities also need basic tools to meet their legal obligations and protect public spaces. SB 634 also directly contradicts cities' efforts to address encampments in response to the Governor's November 2024 executive order. The order directed state departments and agencies to adopt policies to address homeless encampments on state properties and encouraged local governments to adopt similar policies or risk losing access to state homelessness funding. Cities want to help the state to realize our shared vision of reducing homelessness and supporting our most vulnerable residents. However, SB 634 leaves cities without any enforcement tools,hinders a cities ability to carry out the Governor's directive and jeopardizes state funding cities receive to address homelessness. Local jurisdictions are already working within a complex and evolving legal landscape, including recent federal court decisions like Johnson v. Grants Pass, which clarified constitutionallimits on how cities can. address homelessness through enforcement actions. In response to the Grants Pass ruling, the Governor stated: "Today's ruling by the U.S. Supreme Court provides state and 1oca1 officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets. This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities." SB 634 directly undermines this decision by stripping local governments of the authority to tailor enforcement strategies to their unique circumstances. It also disregards the years of legal efforts cities have invested to gain the clarity now provided by the Court. The City of Redding urges the Legislature to support policies that empower 1oca1 governments to act with compassion and urgency—not tie their hands behind their backs. SB 634 does not reflect the nuanced, community-led solutions that are showing promise across the state. For these reasons, the City of Redding must oppose SB 634 (Perez). Sincerely, ��'��t�� ��--._ Jack Munns City of Redding Mayor cc. The Honorable Megan Dahle (via email) The I�onorable Heather Hadwick(via email) League Regional Public Affairs Manager(via email) League of California Cities, cityletters@calcities.org