Loading...
CC SR 20150915 F - Letter Opposing Assembly Bill No. 718 (AB 718)CITY OF MEMORANDUM RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: KIT FOX, AICP, SENIOR ADMINISTRATIVE ANALYST DATE: SEPTEMBER 15, 2015 SUBJECT: LETTER OPPOSING ASSEMBLY BILL NO. 718 (AB 718) REGARDING SLEEPING AND/OR RESTING IN PARKED VEHICLES REVIEWED BY: DOUG WILLMORE, CITY MANAGER 9/w RECOMMENDATION Authorize the Mayor to sign a letter opposing Assembly Bill No. 718 (AB 718) regarding sleeping and/or resting in parked vehicles, which could effectively invalidate the City's current prohibition against using a parked vehicle as a dwelling unit for human habitation. EXECUTIVE SUMMARY The enactment of AB 718 has the potential to invalidate an existing City ordinance prohibiting the use of motor vehicles as dwelling units. Therefore, Staff presents a letter opposing AB 718 for the City Council's consideration and approval. FISCAL IMPACT There is no fiscal impact associated with authorizing the Mayor to sign a letter opposing AB 718. BACKGROUND In February 2015, Assembly Bill No. 718 (AB 718) was introduced by 25th District State Assemblymember Kansen Chu (Milpitas). AB 718 started out making non -substantive changes to the State's Vehicle Code with respect to vehicle impounding. However, by the time that the bill had passed through the State Assembly (by a 56-15-10 vote) and on to the State Senate in June 2015, it had been amended to read as follows: 1 MEMORANDUM: Letter Opposing AB 718 September 15, 2015 Page 2 SECTION 1. The Legislature finds and declares that the provisions of this measure 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. SEC. 2. Section 50034 is added to the Government Code, to read: 50034. The legislative body of a city, county, or city and county shall not prohibit or otherwise subject to civil or criminal penalties, or remove and impound a motor vehicle by reason of, the act of sleeping or resting in a lawfully parked motor vehicle. The mayor and police chief of Palos Verdes Estates sent a letter opposing AB 718 to Assemblymember Chu, which was approved by the Palos Verdes Estates City Council on June 23, 2015 (see attachments). While under review in the State Senate, AB 718 was further amended in July 2015 to provide several exemptions, to wit: Nothing in this section shall be interpreted to do any of the following: (1) Prohibit a law enforcement officer from arresting, citing, or otherwise penalizing an occupant of a motor vehicle for any criminal activity or violation of the Vehicle Code. (2) Exempt an occupant of a motor vehicle from compliance with any state or local law, including those relating to litter, sanitation, alcohol or drug consumption, weapons possession, animal control, or noise control. (3) Exempt a vehicle owner from compliance with a local ordinance that restricts the use of public streets for vehicle storage. As of the date that this report was completed, a third and final reading of AB 718 was expected in the Senate at any time, after which it will be returned to the Assembly for concurrence with the Senate's amendments before (presumably) being presented to the governor for his approval or veto. The League of California Cites (League) has identified AB 718 as a "hot" bill and taken a position opposing it on the basis that it is not appropriate for the Legislature to attempt to remove local government authority to appropriately protect the public health, safety and welfare of residents from issues that arise when people live in cars and trucks parked on public and private property; and that, rather than sanctioning automotive living, the Legislature and Governor should focus on increasing investment in and incentives for the development of affordable, transitional and emergency housing to address the shelter needs of the homeless (see attachments). Staff believes that the enactment of AB 718 has the potential to adversely affect the City, so Staff presents a letter opposing the bill for the City Council's consideration at tonight's meeting. 2 MEMORANDUM: Letter Opposing AB 718 September 15, 2015 Page 3 DISCUSSION As currently proposed, AB 718 would prohibit the City from citing, removing or impounding a vehicle that is otherwise lawfully parked solely because the owner/occupant is sleeping or resting in the vehicle. It would not appear to prevent the City from enforcing existing, otherwise lawful parking restrictions on public streets and in public parks and parking lots. However, it may have the effect of invalidating the following provision of the Rancho Palos Verdes Municipal Code (RPVMC): 10.04.090 - Parking vehicles that are being used as a dwelling unit for habitation — Prohibited. No person shall park any type of motorized or nonmotorized vehicle that is being occupied or used as a dwelling upon any highway, roadway, parkway, street, public right-of-way or parking lot within the city. This section shall not apply to vehicles parked on private property for which a temporary guest permit has been issued by the director of planning, building and code enforcement pursuant to Section 8.24.060(A)(6)(e) of this code. (Ord. 423 § 1, 2005) AB 718 does not define what is meant by "resting," leaving its interpretation and enforceability completely unclear. Furthermore, although AB 718 purports to exempt its enforcement from existing City regulations for the storage of motor vehicles of public streets, this may not offer sufficient protection of residents' health, safety and welfare. In the absence of posted prohibitions regarding the days and hours for on -street parking (such as for street sweeping), motor vehicles may generally be parked on public streets for at least seventy-two (72) hours at any particular location before they are subject to citation. The City has enacted resident -only permit parking in several neighborhoods in order to address area -specific parking issues. Enacting similar restrictions on a broader scale in response to AB 718 might be a possibility, but Staff believes that it will place an unreasonable burden on many City residents. Furthermore, as the City Council has recently seen with the proposal for resident -only permit parking on Channelview Court near the Terranea Resort, it may be difficult or impossible to impose these types of parking restrictions on public streets in neighborhoods located within the City's coastal zone. In addition to the above-described direct conflicts of AB 718 with the provisions of RPVMC Section 10.04.090, Staff believes that AB 718 may also conflict with other Municipal Code provisions regarding the parking of motor vehicles in the City, to wit: 9 MEMORANDUM: Letter Opposing AB 718 September 15, 2015 Page 4 RPVMC Purpose Section 5.28.060 Peddling from a motorized vehicle Section 8.24.060(A)(6) Parking or storage of vehicles on private property Section 10.04.080 Unauthorized parking on public or private property Chapter 10.08 Authority to remove vehicles Chapter 10.12 Abandoned vehicles Chapter 10.36 On -street parking of oversized vehicles As mentioned above, AB 718 was still pending approval in the State Senate at the time that this report was completed. In the event that it has been returned to the State Assembly for concurrence and/or approved for submittal to the governor by tonight's meeting, the attached draft opposition letter will be revised accordingly and provided to the City Council as late correspondence. CONCLUSION In conclusion, Staff recommends that the City Council authorize the Mayor to sign a letter opposing AB 718. If adopted, Staff will transmit this letter to our State legislators and the League. ALTERNATIVES In addition to the Staff recommendation, the following alternative action is available for the City Council's consideration: 1. Do not authorize the Mayor to sign a letter opposing AB 718. This is a "hot" bill that the League and many California cities and counties (including Palos Verdes Estates) are already opposing. Attachments: • Draft letter opposing AB 718 (Chu) (page 5) • AB 718 (Chu), as amended on 7/14/2015 (page 7) • PVE Staff report and opposition letter (dated 6/23/15) (page 9) • Joint opposition letter from League and others (issued 8/20/15) (page 15) MALegislative Issues\AB 718 (Chu)\20150915_StaffRpt_CC.docx 11 September 15, 2015 The Honorable Kansen Chu California State Assembly State Capitol, Room 2179 Sacramento, CA 95814 Via FAX: (916) 319-2125 AB 718 (Chu) — Removal of Regulatory Authority: Vehicles Used For Human Habitation Notice of Opposition Dear Assembly Member Chu: On behalf of the City of Rancho Palos Verdes, 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 _,other than campgrounds — 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. What is most needed to combat homelessness is funding for affordable housing and emergency shelters. There are several major pending measures that can help restore funds for affordable housing; we encourage legislators to support additionalfunding for affordable housing and homeless solutions As current proposed, AB 718 would effectively invalidate key provisions of the Rancho Palos Verdes Municipal Code regarding the use of vehicles as dwelling units. Furthermore, since we are a coastal community, we face both tremendous demand for public parking in the coastal zone and tremendous difficulty in imposing new parking restrictions in order to maintain both the availability of coastal -zone parking and the public health, -safety and welfare of the City's resident and visitors. Because this measure would undermine local authority to appropriately protect the public health, safety and welfare of our residents, we must oppose AB 718. Sincerely, Jim Knight Mayor 5 cc: Assembly Member David Hadley Senator Ben Allen Jeff Kiernan, Los Angeles Regional Public Affairs Manager (via email) Meg Desmond, League of California Cities, mdesmond@cacities.or AMENDED IN SENATE JULY 14, 2015 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 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. 95 7 AB 718 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 —2 The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares that the provisions of this measure 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. SEC. 2. Section 50034 is added to the Government Code, to read: 50034. (a) The legislative body of a city, county, or city and county shall not prohibit or otherwise subject to civil or criminal penalties, or remove and impound a motor vehicle by reason of, the act of sleeping or resting in a lawfully parked motor vehicle. (b) Nothing in this section shall be interpreted to do any of the following: (1) Prohibit a law enforcement officer from arresting, citing, or otherwise penalizing an occupant of a motor vehicle for any criminal activity or violation of the Vehicle Code. (2) Exempt an occupant of a motor vehicle from compliance with any state or local law, including those relating to litter, sanitation, alcohol or drug consumption, weapons possession, animal control, or noise control. (3) Exempt a vehicle owner from compliance with a local ordinance that restricts the use ofpublic streets for vehicle storage. X 95 0&0 ly-s`ft4 INCOAIIOAATED Mb #13. MEMORANDUM Agenda Item #: 13 Meeting Date: June 23, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THRU: ANTON DAHLERBRUCH, CITY MANAGER FROM: JOE MENDOZA, ADMINISTRATIVE ANALYST; -;e -C' SUBJECT: AFFIRMATION OF OPPOSITION TO ASSEMBLY BILL 718 (CHU) - REMOVAL OF REGULATORY AUTHORITY: VEHICLES USED FOR HUMAN HABITATION DATE: JUNE 23, 2015 ISSUE Shall the City Council affirm, receive and file the attached letter opposing Assembly Bill 718 that removes local authority to regulate vehicles used for human habitation? BACKGROUND Every year, numerous bills are introduced by members of the State legislature. While only a fraction of bills make it through assigned Assembly and Senate committees, floor votes and eventually to the Governor for signature, it is important for the City to take early positions on bills that may be supportive or potentially harmful to the community. The City has frequently relied on the League of California Cities (League) to advocate on behalf of the City's interests. As a result, when necessary, the City has weighed in on certain bills joining the League and other member cities to support or oppose proposed legislation that impacts the delivery of municipal services to Palos Verdes Estates residents. DISCUSSION/ANALYSIS On June 1, 2015, AB 718 Removal of Regulatory Authority Vehicles Used for Human Habitation proposed by Assembly Member Chu passed the Assembly with a bipartisan vote of 54-12. The proposed bill prohibits local agencies from enforcing laws and ordinances that prohibit an individual or individuals sleeping or resting in a lawfully parked motor vehicle on the street. The Page 1 of 3 City is joining the League's position that City parking locations whether on public or private property are and were never intended or designed for residential occupancy. Such uses raise major concerns with health and sanitation, the ability for residents to feel secure in their homes/neighborhoods and the potential to negatively impact consumers and commercial activity. As a coastal city, AB 718 would be additionally problematic relative to the safety and welfare of the community due to the interplay with the Coastal Act, that strictly limits the City's ability to impose new on -street parking regulations in the Coastal Zone. Although there is no code section in the Coastal Act that specifically prohibits "No Parking" signs, it is the policies within the Coastal Act that protect public access, in combination with the Act's broad definition of "development" that requires local governments to apply for a coastal development permit before posting signs that prohibit or restrict parking. The California Coastal Commission has approved numerous parking sign plans for cities throughout the coastal zone however, the parking restrictions must not inappropriately restrict the public. The City's Police Department works diligently to protect its community. If AB 718 is enacted, it will negate the City's current municipal code ordinance on overnight sleeping or camping in a motor vehicle. PVEMC Section -12.20.030: Overnight camping on street or alley. It is unlawful for any person to use any public street or alley for the purpose of overnight sleeping or camping in a camper, motor home, van or other vehicle. For the purpose of this section, "overnight" means any portion of the hours between sunset and sunrise. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 326 § 1, 1977) While AB 718 seeks to remove local authority to regulate such activity, the following potential community impacts imposed by the bill cannot be avoided: • By combining the terms "sleeping" and "resting" within a vehicle, the bill appears to be designed to allow an individual or individuals to live in a vehicle anywhere on either public or private property where it is not otherwise prohibited to park a vehicle. The parking of an occupied vehicle for the purposes of "sleeping" or "resting" in front of a home or business for hours or days, would alarm and worry residents and business owners of their safety. In addition, parking in the City's commercial area would impact potential parking spots for costumers. Under AB 718, the bill appears to prohibit a police officer from asking the individual(s) to move or issuing a citation for noncompliance. Presumably, if parking restrictions are not posted, the vehicle and its occupants could remain there until the City adopted an ordinance prohibiting parking in that area. • The concerns with public health and safety. • The consumption and use of drugs and alcohol and other activity while an individual or individuals are "resting" in a motor vehicle. 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 of its community. Page 2 of 3 10 #13. With the Legislature scheduled to discuss AB 718 on Wednesday, June 20, and in consultation with the City Council liaisons for the League of California Cities, per City policy, it was determined appropriate to immediately prepare and send a letter signed by Mayor Goodhart and Chief Kepley to Assembly Member Chu in opposition of AB 718. A copy of that letter was also sent to the League and the City's representatives in the Legislature. Per the City's policy, this matter is before the City Council for information and affirmation of the liaison's direction and letter that was sent. FISCAL IMPACT There is no fiscal impact directly associated with this report. ALTERNATIVES 1. Affirm, receive and file the letter sent to Legislators. 2. Request further information. 3. Provide alternative direction. 4. Take no action. CONCLUSIONS AND RECOMMENDATIONS The issues raised about this bill are about the use of vehicles for human habitation (sleeping and resting) or the ability for criminals to potentially have free rein to watch and analyze other vehicles, homes and businesses. Furthermore, City streets and parking lots were not meant to be used for residential occupancy. This report is for the City Council's receipt and file as affinnation of the City Council liaison's determination to send a letter to Legislators in concurrence with the League of California Cities' recommendation to oppose AB 718 (Chu) — Removal of Regulatory Authority: Vehicles Used for Human Habitation and that a letter addressed to Assembly Member Chu, has been sent to the California State Assembly opposing AB 718. ATTACHMENTS A - Assembly Bill 718 (Chu) — Removal of Regulatory Authority: Vehicles Used for Human Habitation B - Letter Opposing Assembly Bill 718 Page 3 of 3 11 #13. 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 fromprohibiting,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 stateivide 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 #13. ATTACHMENT. _ 12 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 SECTION 1. 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 notTf&h+it, 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. C 96 13 #13. tios vl;��,s #13. 044 1r, CITY OF WTTACHMENT- B 1 � 9J1 OF - V OFFICE WK THE MAYOR 1NCO"OAATED 1838 ,4Z1F01a1%,' Ecopy June 18, 2015 Assembly Member Kansen Chu Via Fax: (916) 319-2125 & U.S. Mail California State Assembly State Capitol, Room 5175 Sacramento, CA 94249-0025 RE: Opposition to AB 718 (Chu) — Removal of Regulatory Authority: Vehicles Used For Human Habitation Dear Assembly Member Chu, We are writing to express opposition to AB 718, which pre-empts municipalities from enforcing their local laws and ordinances and specifically allows vehicles to be used for habitation. Palos Verdes Estates is a coastal city, and as such, AB 718 would be problematic for the safety and welfare of our residents; not only for the constraints the bill would place upon our Police Department, but also due to the interplay with the Coastal Act that strictly limits the City's ability to impose new on -street parking regulations in the Coastal Zone. In our Coastal Zone, this bill would essentially turn any existing street that does not currently have parking regulations into a potential living area. While a vehicle may be "lawfully parked" in a residential neighborhood or in a commercial parking lot, that does not make it acceptable to have individual(s) live in their vehicles. The issues raised by AB 718 are about the use of vehicles for human habitation (sleeping and resting) or the ability for criminals to potentially have free rein to watch and analyze other vehicles, homes and businesses. Furthermore, permitting this type of activity may heighten the use of drugs and alcohol and other activity while an individual or individual(s) are "resting" in a motor vehicle. City parking locations, whether on public or private property, were never intended or designed for residential occupancy. Such a use raises major issues of sanitation as well as the ability of residents to feel secure in their homes and to safely conduct business activity. Because this measure would undermine local authority to appropriately protect the public health, safety and welfare of our residents, we oppose AB 718. Sincerely, James F. Goodhart Jeff Kepley Mayor Chief of Police c: Senator Ben Allen Senator Robert H. Hertzberg Assembly Member David Hadley Palos Verdes Estates City Council Jeff Kiernan, League of California Cities, jkiernan@cacities.org Meg Desmond, League of California Cities, mdesmondng.cacities.org Post Office Box 1086, Palos Verdes Estates, California 90274-0283 340 Palos Verdes Drive West, Palos Verdes Estates, California. 310-378-0383 14 LEAGUE- California OF C'ALIFC?ftN Business MC £. C I T I E S Properties �A Association "S v American Planning Association California Chapter Making Great Communities Happen international Council of Shopping Cenlers V Senate Floor Alert TO: Members of the Senate Re: AB 718 (Chu), Vehicles Used For Human Habitation Request for "NO" Vote—File #160 The undersigned organizations respectfully urge your opposition to AB 718. Reducing local regulatory authority offers no meaningful solution to addressing the difficult challenges of homelessness. This measure prohibits 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 recent amendments have been added in an effort to clarify various aspects, the policies of this bill remain flawed. City parking locations whether on public or private property —other than campgrounds—were never intended or designed for residential occupancy. This measure would promote a "new normal" of vehicle living as a viable option and publicly sanction such uses in state law. People should be living in houses, not cars. The state has woefully underinvested in funds for affordable housing and emergency shelters, and recently eliminated local redevelopment agencies that previously generated $1 billion per year for affordable housing. Rather than sanctioning automotive living in AB 718, the Legislature and Governor should provide more funds to build affordable units by approving AB 35 and AB 1335. This bill is also not restricted to people who are homeless. The bill applies to anyone who is sleeping or "resting" in a vehicle. Such vagueness leaves this law subject to broader interpretation and abuse. For instance, police officers may find it more difficult to deal with suspicious vehicles where the occupants claim to be "resting" but may be in an area for other reasons. Retirees and vacationers with disposable income may begin to view local streets and roads as less costly options than public and private campgrounds. Others may decide to take advantage of California's climate, beautiful coastline and quality of life and live in vehicles (as some do in boats) as a lifestyle choice. It has been argued that locals could respond to this measure by enacting more stringent parking laws. They can, and likely will, but this raises larger questions about what hundreds of thousands more "no parking" signs, residential parking stickers, and parking meters will do other than making mobility more difficult and costly for all other community residents, businesses districts and state tourism. 15 While AB 718 may be well intended, it offers no real solutions to homelessness. Rather than approve this measure, it makes much more sense for the state to identify more funding for affordable housing and emergency shelters. For these reasons, we respectfully request your "No" vote on AB 718. If you have any questions about our position, please call Dan Carrigg at the League at (916) 658-8222; Lauren De Valencia y Sanchez for APA California at (916) 443-5301; Matthew Hargrove for International Council of Shopping Centers and California Business Properties Association at (916) 443- 4676; Lauren Michaels for California Police Chiefs Association at (916) 481-8000; John Lovell for California Association of Code Enforcement Officers and California College and University Police Chiefs Association (916) 261-7188; and Joseph Surges, California Law Enforcement Association of Records Supervisors at (925) 671-3005. Sincerely, Daniel Carrigg Legislative Director League of California Cities Lauren Michaels Legislative Affairs Manager California Police Chiefs Association Matthew Hargrove Legislative Representative International Council of Shopping Centers California Business Properties Association John Terell John Terell Vice President, Policy and Legislation APA California John Lovell, Joseph Surges, Managing Partner President Law Offices of John Lovell Calif. Law Enforcement Assoc. of Records Supervisors Calif. Association of Code Enforcement Officers Calif. College and University Police Chiefs Association 16