CC SR 20230905 C - RPV ACA 10 Fundamental Right to HousingCITY COUNCIL MEETING DATE: 09/05/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter opposing
Assembly Constitutional Amendment (ACA) 10 (Fundamental Right to Housing).
RECOMMENDED COUNCIL ACTION:
(1)Authorize the Mayor to sign a letter oppos ing ACA 10 (Fundamental Right to
Housing).
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Shaunna Hunter, MPA, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A.Draft letter opposing ACA 10 (unless amended) (page A-1)
B.Text of ACA 10 (as amended June 7, 2023) (page B-1)
C.August 15, 2023 staff report
BACKGROUND:
ACA 10, a proposed state constitutional amendment, aims to establish a right to adequate
housing in California, potentially allowing legal action against state or local governments
for housing fulfillment. For background and analysis on this proposed ballot measure, see
the August 15, 2023 Staff Report (Attachment C). The current version of ACA 10,
principally authored by Assemblymember Haney, has passed the Assembly Housing and
Community Development Committee, and needs approval from the Appropriations
Committee, the full Assembly, and the Senate to appear on the 2024 General Election
ballot.
On August 1, 2023, the City Council agreed to review and discuss ACA 10 at the August
15, 2023 City Council meeting. On August 15, 2023, the City Council directed Staff to
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work with the Legislative Subcommittee, comprised of Mayor Pro Tem Cruikshank and
Councilmember Alegria, to draft a letter in opposition to ACA 10.
After working with the Legislative Subcommittee, tonight, Staff is bringing the draft letter
opposing ACA 10 to the Council for consideration.
DISCUSSION:
The California State Assembly is considering whether to place on a future statewide ballot
a measure that would add a new amendment to the California Constitution. The measure,
known as ACA 10, would declare there is a “fundamental human right to adequate
housing for everyone in California.”
If adopted by the voters of California, ACA 10 would add Article XXV to the California
Constitution which, as presently proposed, would read as follows:
“The state hereby recognizes the fundamental human right to adequate
housing for everyone in California. It is the shared obligation of state and
local jurisdictions to respect, protect, and fulfill this right, on a non -
discriminatory and equitable basis, with a view to progressively achieve the
full realization of the right, by all appropriate means, including the adoption
and amendment of legislative measures, to the maximum of available
resources.”
The draft letter expresses the City of Rancho Palos Verdes’ opposition to ACA 10, unless
amended, citing concerns about unintended consequences related to declaring a
"fundamental human right to adequate housing for everyone in California." The City
acknowledges the importance of equitable housing access but raises reservations about
ACA 10's provisions and potential effects on local governance. Specific concerns include
the complex determination of "adequate" housing, the potential for litigation -driven
enforcement, impacts on local autonomy, a potent ial shift in government responsibility,
and the challenge for cities not involved in housing construction.
Furthermore, the letter stipulates that the City is actively engaged in addressing housing
and land use issues locally, aiming for comprehensive solutions that balance housing
rights with land use policies. The letter requests further discussions and considerations
before ACA 10 proceeds, emphasizing the importance of aligning any state constitutional
amendments with diverse community needs and local control.
CONCLUSION:
ACA 10 raises substantial policy concerns, and if approved by voters, the resulting
constitutional amendment's effects on the City remain uncertain and hard to foresee.
Staff recommends the City Council authorize the Mayor to sign the draft letter in
opposition to ACA 10. The letter will be sent to the bill author, Assemblymember Matt
Haney, the Assembly Appropriations Committee, Assemblymember Al Muratsuchi , and
Senator Allen.
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ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
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30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV
September 5, 2023 Via Email
The Honorable Matthew Haney
California State Assembly
1021 O Street, Suite 5310
PO Box 942849
Sacramento, CA 94249-0017
SUBJECT: Notice of Opposition to Assembly Constitutional Amendment 10
Dear Assemblymember Haney,
On behalf of the City of Rancho Palos Verdes, I write to express that the City respectfully
opposes Assembly Constitutional Amendment 10 (ACA 10) due to, among other things,
the unintended consequences in declaring a "fundamental human right to adequate
housing for everyone in California" on local jurisdictions.
While we certainly acknowledge the importance of ensuring equitable access to housing
for all Californians, we have significant reservations about the implications of ACA 10 as
currently outlined. The amendment's provisions and the potential effects on local
governance raise concerns that we believe warrant careful conside ration.
It is vital to address the issues of housing affordability and accessibility, and the City of
Rancho Palos Verdes is committed to being part of productive solutions. However, there
are specific elements of ACA 10 that concern us to the point of opposing the amendment:
• Determining "Adequate" Housing: The concept of determining what constitutes
"adequate" housing is complex and multifaceted. Such a determination could lead
to inconsistent interpretations and difficulties in implementation across diverse
communities leading to cost prohibitive and time-consuming judicial arbitration that
will effectively thwart the advances this amendment seeks to rectify.
• Enforcement Through Litigation: The possibility of legal action against state or local
governments to enforce the right to housing may have unintended consequences.
A-1
30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV
This could strain limited local and state resources and have the potential hinder a
local government’s ability to balance housing needs with other essential services.
• Impact on Local Government’s Autonomy: The potential impact of ACA 10 on local
governance and the principle of "home rule" over matters considered uniquely
municipal is concerning. It is important that local jurisdictions retain the ability to
tailor housing policy solutions according to their own specific needs and
circumstances based on availability of services, infrastructure, and land conditions.
• Scope of Government Responsibility: While we support efforts to address housing
challenges, the potential shift of responsibilities onto state and local governments
may create logistical and financial challenges that could adversely affect other
critical areas of public service determined by local councilmembers and civic
leaders.
• Cities, especially small to mid-size cities are not in the business of constructing
housing.
The City is actively engaged in addressing housing and land use issues within our
community. We believe in finding comprehensive solutions that balance the right to
housing with the broader context of local governance. We are committed to measures
that enhance housing affordability, promote equitable housing practices , and ensure
access to housing options for all residents , while maintaining local control and minimal
impacts to City coffers.
Given the complexity and potential impacts of ACA 10, we respectfully request that further
discussions and considerations be undertaken before the amendment proceeds. We also
urge that local perspectives be taken into consideration to ensure that any amendments
to the state constitution align with the diverse needs of California’s communities
respecting local authority as the mechanism for guiding policy implantation and ultimately
land development.
Thank you for your attention to our concerns. We are ready to explore effective ways to
address housing challenges while preserving local governance principles.
Sincerely,
Barbara Ferraro
Mayor
cc: Assemblymember Chris Holden, Chair, Assembly Appropriations Committee
Al Muratsuchi, Assemblymember, 66th Assembly District
Ben Allen, Senator, 24th State Senate District
Jeff Kiernan, Cal Cities
Sharon Gonsalves, RPPG
Rancho Palos Verdes City Council and City Manager
A-2
california legislature—2023–24 regular session
Assembly Constitutional Amendment No. 10
Introduced by Assembly Member Haney
(Principal coauthors: Assembly Members Bryan and Kalra)
(Principal coauthor: Senator Wahab)
(Coauthors: Assembly Members McKinnor and Quirk-Silva)
(Coauthors: Senators Blakespear, Gonzalez, and Smallwood-Cuevas)
March 6, 2023
Assembly Constitutional Amendment No. 10—A resolution to
propose to the people of the State of California an amendment to the
Constitution of the State, by adding Article XXV thereto, relating to
housing.
legislative counsel’s digest
ACA 10, as introduced, Haney. Fundamental human right to housing.
The California Constitution enumerates various personal rights,
including the right to enjoy and defend life and liberty, acquiring,
possessing, and protecting property, and pursuing and obtaining safety,
happiness, and privacy.
This measure would declare that the state recognizes the fundamental
human right to adequate housing for everyone in California. The
measure would make it the shared obligation of state and local
jurisdictions to respect, protect, and fulfill this right, by all appropriate
means, as specified.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
line 1 Resolved by the Assembly, the Senate concurring, That the
line 2 Legislature of the State of California at its 2023–24 Regular
Revised 6-7-23—See last page.99
B-1
line 1 Session commencing on the fifth day of December 2022, two-thirds
line 2 of the membership of each house concurring, hereby proposes to
line 3 the people of the State of California, that the Constitution of the
line 4 State be amended as follows:
line 5 That Article XXV is added thereto, to read:
line 6
line 7 ARTICLE XXV
line 8 Right to Housing
line 9
line 10 SECTION 1. The state hereby recognizes the fundamental
line 11 human right to adequate housing for everyone in California. It is
line 12 the shared obligation of state and local jurisdictions to respect,
line 13 protect, and fulfill this right, on a non-discriminatory and equitable
line 14 basis, with a view to progressively achieve the full realization of
line 15 the right, by all appropriate means, including the adoption and
line 16 amendment of legislative measures, to the maximum of available
line 17 resources.
line 18
line 19
REVISIONS: line 20
Heading—Line 2. line 21
line 22
O
99
— 2 — ACA 10
B-2