CC - Item 7C – Discussion Regarding Ketter of Opposition of Senate Bill 634 (Pérez) Homelessness: Civil and Criminal PenaltiesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER
DATE: APRIL 22, 2025
SUBJECT: DISCUSSION REGARDING LETTER OF OPPOSITION OF SENATE
BILL 634 (PEREZ) HOMELESSNESS: CIVIL AND CRIMINAL
PENALTIES
SUMMARY
This item is presented to the City Council at the request of Mayor Margaret Clark to discuss the
opposition of Senate Bill (SB) 634 (Pdrez) Homelessness: Civil And Criminal Penalties. The
proposed legislation would severely limits cities' ability to respond to the growing homelessness
crisis in communities across California by prohibiting local governments from adopting any
regulation, policy, or guidance that imposes civil or criminal penalties on a person experiencing
homelessness.
STAFF RECOMMENDATION
That the City Council discuss and provide direction to City staff.
FISCAL IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Amanda NRoreno, Administrative Services Manager
Submitted by:
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BryChua, Assistant City Manager/Finance Director
Attachment A: Draft SB 634 Letter of Opposition
AGENDA ITEM 7.0
Attachment A
Draft Letter AB 634 Letter of Opposition
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TELEPHONE (626) 569-2100
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FAX (626) 569-2303
STEVENLY
April 22, 2025
The Honorable Maria Elena Durazo
Chair, Senate Local Government Committee
California State Capitol, Room 407
Sacramento, CA 95814
RE: SB 634 (Perez) Homelessness: civil and criminal penalties
Notice of OPPOSITION (As Amended 03/26/25)
Dear Senator Durazo,
The City of Rosemead must respectfully oppose SB 634 (Perez), 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.
Our outreach teams have experienced multiple times refusal by homeless people with addiction and
mental health issues to leave their encampments and with no way to incentivize them to leave, it has
tragically resulted in their death due to drug overdose, possibly with fentanyl. They instead refuse the
help that could save their lives, so taking away any tools to incentivize them in NOT compassionate
but actually CRUEL. We have no intention or desire to incarcerate them; we want to get them into
lifesaving treatment and turn their lives around.
The proposed bill could significantly reshape how the City of Rosemead addresses homelessness by
posing challenges in terms of local control and resource allocation. 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 Rosemead 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 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 Rosemead 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 Rosemead must oppose SB 634 (Perez).
Sincerely,
Margaret Clark
Mayor
City of Rosemead
cc. Honorable Senator Sasha Renee Perez, 25th District
Honorable Assembly Member Mike Fong, 49th District
Jennifer Quan, League Regional Public Affairs Manager (Via email: jquan@cacities.org)
League of California Cities (Via email: cityletters@cacities.org)