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Home My WebLink AboutRESOLUTION 2025-044 N.C.S. 04/21/2025 Resolution No. 2025-044 N.C.S. Page 1 of 2 Resolution No. 2025-044 N.C.S. of the City of Petaluma, California RESOLUTION IN OPPOSITION TO SB 634 (PEREZ) WHEREAS, the City declared a Shelter Crisis in Petaluma on September 13, 2021 in recognition of the urgent need for shelter faced by a significant and growing number of people in the Petaluma community; and WHEREAS, the City has undertaken significant work to reduce homelessness in Petaluma, including the creation of the People’s Village near the Mary Isaak Center and the Studios at Montero providing non-congregate shelter and permanent supportive housing, respectively, with supportive services; and WHEREAS, SB 634 (Perez) would prohibit a local jurisdiction from adopting an ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basis survival; and WHEREAS, SB 634 removes tools and abilities Cities need to manage local situations of homelessness with the appropriate compassion and local solution solutions; and WHEREAS, adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), which established the general rule for projects concerning which it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the City Council. 2. Finds that the adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), which established the general rule for projects concerning which it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 3. Opposes the passage of SB 364 (Perez) and directs staff to submit the executed Letter of Opposition (Exhibit A to this Resolution) to the appropriate members in the California legislative process. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 21 day of April 2025, by the following vote: Approved as to form: __________________________ City Attorney AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs NOES: None Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D Resolution No. 2025-044 N.C.S.Page 2 of 2 ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D April 21, 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 Petaluma 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. 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 Petaluma 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, 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 Exhibit ADocusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D April 21, 2025 Page 2 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 of Petaluma 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 of Petaluma must oppose SB 634 (Pérez). _______________________________ _______________________________ Kevin McDonnell Karen Nau Mayor Vice Mayor _______________________________ _______________________________ Brian Barnacle Janice Cader Thompson Council member Council member _______________________________ _______________________________ Alex DeCarli Frank Quint Council member Council member _______________________________ John Shribbs Council member cc. Senate President Pro Tempore McGuire Honorable Assembly Member Connolly Nancy Hall Bennett, League of California Cities, nbennett@calcities.org League of California Cities, cityletters@cacities.org Docusign Envelope ID: 093A0E70-3CB4-4848-AE37-BFBE91989B4D