Loading...
HomeMy WebLinkAboutA-200 and Staff ReportCITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. ITEM TITLE: Authorize the City Manager to Send Letter of Opposition to Assembly Bill 5 which would Establish the "Homeless Person's Bill of Rights and Fairness Act" PREPARED BY: Jessica Cissel DEPARTMENT: Community Services Brad Raulston PHONE: (619) 336.4243 EXPLANATION: APPROVED BY: At the request of the California League of Cities, staff has prepared the attached letter of opposition to Assembly Bill 5 (Ammiano) which would establish the Homeless Person's Bill of Rights and Fairness Act. This bill would, among other things, substantially increase costs to local agencies by requiring agencies to comply with the requirements of AB 5. The City believes in the basic rights of homeless individuals and provides basic resources and outreach for homeless individuals that need assistance. The City however, objects to the notion that the bill ascribes a unique set of rights to individuals based on a definition that would, in part, permit: The establishment of homeless encampments; Overnight stays in vehicles parked in public parking facilities; The opportunity to engage in life sustaining activities i.e., "pan handling or other enterprising activities" without a permit; • Access to public restrooms/water 24-hours a day, 7 days a week turning public restroom into hygiene centers. AB 5 would adversely affect the City's ability to maintain safe, enjoyable, clean, and accessible public facilities, parks, and streets. Please see attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize City Managr to send letter of opposition BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1) Staff Report 2) Draft letter of opposition 3) AB 5 Legislation Staff Report for Assembly Bill 5 Assembly Bill 5 would enact the Homeless Person's Bill of Rights and Fairness Act ("Act"). Among other things, the bill would provide that every person has the right to access public property, possess personal property, access public restrooms, clean water, and educational supplies, as specified; have emergency and non -emergency health care, confidentiality of medical records, assistance of legal counsel in specified proceedings, and restitution under specified circumstances. The Act would require every local government within the state to have sufficient health and hygiene centers available 24 hours a day, seven days a week, for use by homeless people. The Act would require every local law enforcement agency to compile and make public information regarding the number of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following: obstructing a sidewalk, whether by a person or personal property; loitering; sitting; lying down; camping; public lodging; sleeping in a public place; soliciting donations; soliciting donations at certain restricted locations, including citing people for panhandling; bathing in public places; sharing or receiving food; inhabiting or sleeping in a vehicle; and violating public park closure law. The local law enforcement agency would be required to report the information to the Attorney General's office on an annual basis. The Act would provide that any person who believes his/her rights have been violated under the Act may a file motion against any person, entity, public entity, or public employee who has allegedly violated the person's rights under the Act. The court may award punitive damages, appropriate injunctive and declaratory relief, actual damages, compensatory damages, general damages, special damages, exemplary damages, statutory damages of $1,000 per violation in addition to reasonable attorney's fees. The California League of Cities, the California Police Chiefs Association, the California Parks and Recreation Society and numerous cities throughout the State have opposed the bill. Analysis The City of National City believes in the basic rights of homeless individuals and provides basic resources and outreach for homeless individuals that need assistance. The City of National City has taken a proactive response to end homelessness by obtaining grants to fund a homeless liaison as well as partial funding for a City staff person to serve as a resource for the homeless. In recent years, the City has experienced the impacts of homeless encampments. These encampments have had an impact on public health and safety issues in National City, including pollution in sensitive riparian corridors, water systems, and public spaces. • AB 5 would adversely affect the City's ability to respond to legitimate public health and safety issues. • AB 5 would make it difficult for the City to respond to business concerns about loitering and panhandling. • AB 5 would divert state resources toward bill implementation and lead to fewer resources for ending homelessness, which should be the main objective of any legislation related to homelessness. • AB 5 would adversely affect the City's ability to maintain safe, enjoyable, clean, and accessible public facilities. If the legislation is enacted, there would be anticipated costs and potential lost revenue to the City, which include: • Increased operational, maintenance, staffing and utility costs for parks and public property that must be accessible 24 hours a day, 7 days a week in order to allow homeless individuals the "right to rest and sleep in public spaces"; • Increased patrolling and policing costs associated with the free assembly of individuals on public property; • Increased costs of cleaning up public property in order to allow for homeless individuals "the right to set down or leave at rest personal property in public spaces"; and Additionally, AB 5 would conflict with several current National City Municipal Code ordinances that pertain to loitering, camping, pan handling, and sleeping overnight in vehicles on public property. Conclusion Homeless individuals — like every other Californian — already have the same protections offered by the U.S. and California Constitutions to protect their civil liberties. This bill creates additional civil rights for a favored class of citizen at the expense of local government and the rights of members of the public to public property. While acknowledging that homeless individuals need help, this legislation is not the answer as it adversely impacts local jurisdictions and does not focus on a remedy for homelessness or address chronic homelessness.