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Home My WebLink AboutSB 634 (Perez) - Homelessness -Civil and Criminal Penalties - Letter of OPPOSOSITIONCity of San Luis Obispo, Office of the City Council, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114, slocity.org April 14, 2025 The Honorable Maria Elena Durazo Chair, Senate Local Government Committee California State Capitol, Room 407 Sacramento, CA 95814 RE: SB 634 (Pérez) Homelessness: civil and criminal penalties Notice of OPPOSITION (As Amended 03/26/25) Dear Senator Durazo, The City of San Luis Obispo (City) must respectfully oppose SB 634 (Pérez), 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. In San Luis Obispo, our approach to homelessness prioritizes housing, services, and compassionate outreach while maintaining access to clean, safe public spaces for all residents. The City invests over $3.5 million annually to prevent and address homelessness, including funding for dedicated outreach teams that connect individuals with housing and behavioral health services and operational support for a 24/7 non-congregate shelter in partnership with the County. The City works in partnership with local service providers to coordinate outreach and service referrals for individuals inhabiting encampments in advance of any mitigation efforts. However, when encampments obstruct sidewalks, create fire hazards in open spaces, or pose risks to public health, the City relies on carefully calibrated enforcement tools as a last resort to mitigate those health and safety risks. SB 634 would remove our ability to respond to these urgent issues — particularly in areas like the Bob Jones Trail, downtown corridors, and near schools — and would severely limit our ability to balance public health and safety with service-based outreach. It would also create uncertainty around our ability to comply with Americans with Disabilities Act (ADA) obligations in public rights-of-way and parks. 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 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. In advance of the Governor’s executive order, the City of San Luis Obispo established a Compassionate Assistance Mitigation and Prevention (CAMP) Standards policy which serves as a framework for field staff to ensure clear and consistent measures are taken to address encampments. 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, hindering cities' ability to carry out the Governor’s directive and jeopardizing 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 constitutional limits 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 local 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 effort cities have invested to gain the clarity now provided by the Court. The City urges the Legislature to support policies that empower local 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 must oppose SB 634 (Pérez). Sincerely, Erica A. Stewart Mayor City of San Luis Obispo Cc: Assemblymember Dawn Addis Senator John Laird Dave Mullinax, League of California Cities League of California Cities, cityletters@cacities.org