TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
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Introduction of Ordinance No. 2024-009 Amending Chapter 8.80 of the Chino Municipal Code to Address Changes in Law.
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RECOMMENDATION
recommendation
Approve the introduction of Ordinance No. 2024-009 on first reading that will amend Chapter 8.80 (Health and Safety) of the City of Chino Municipal Code (CMC) to address changes in law brought about by the United States Supreme Court's ruling in City of Grants Pass, Oregon v. Johnson, et al., to be read by number and title only, and waive further reading of the Ordinance.
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FISCAL IMPACT
There is no fiscal impact. The cost to enforce the amended codes and provide staff training has been included in the annual Police Department budget for Fiscal Year 2024-2025.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above furthers the City's values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
* Positive City Image
* Responsible Long-Range Planning
* Public Service Excellence through Internal and External Partnerships
Revenue:
Expenditure:
Transfer In:
Transfer Out:
BACKGROUND
The City of Chino is authorized by California Constitution, Article XI, Section 7, to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws and that serve and protect the health, safety, and welfare of the public.
The current version of CMC Chapter 8.80 (Health and Safety) was amended to conform to a now-overruled court ruling in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031 ("Martin"). Martin and later cases expanding on it barred enforcement of the CMC's provisions prohibiting public camping, overnight camping in vehicles, and public storage of personal property where individuals lacked available alternative shelter.
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