TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
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Ordinance 2024-008 Adding Chapter 12.24, "Limitation on Use of City Property", to the Chino Municipal Code.
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RECOMMENDATION
recommendation
Approve the introduction of Ordinance No. 2024-008, to be read by number and title only and waive further reading of the Ordinance, adding Chapter 12.24, “Limitation on Use of City Property”, to the Chino Municipal Code, to permit the City to establish limits on access to City owned or controlled properties, to be established via Resolution.
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FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further 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
BACKGROUND
Government Code section 37359 allows the legislative body of a city to withdraw or place limits on public access to any property owned or controlled by the city. Pursuant to this authority, the City Council may limit the access or use of City property via the area of property that may be accessed, the time that it may be accessed, or by any other reasonable manner deemed necessary by the City. Any person thereafter using the property without permission or in a manner other than that prescribed would be considered a trespasser and may be subject to criminal trespass law and/or punishment as proscribed under the Chino Municipal Code.
The proposed Ordinance, if adopted, would allow the City to limit access to City owned or controlled property by resolution, such as the area around City Hall. This Ordinance would not limit or restrict any person from access or use who has a private right and/or City approval to access or use the City property outside of business hours. Violations of the Ordinance would be able to be enforced through state civil and criminal laws governing trespass and any manner prescribed for violations of the Chino Municipal Code.
ISSUES/ANALYSIS
City staff is recommending the City Council introduce by first reading the proposed Ordinance attached as Exhibit A, which would allow the City to limit access to City owned or controlled properties. In particular, City staff and the Chino Police Department seek to be able to close certain City-owned properties located in downtown Chino overnight.
The Ordinance would permit the City to establish limits on access to City owned or controlled properties via resolution, which provides the City additional flexibility in establishing and amending these limits. The proposed Resolution is attached as Exhibit B and would be brought before the City Council for consideration if the proposed Ordinance is passed. As currently drafted, the proposed Resolution would prohibit public access on the City Hall Complex Property, the Old Fire Station (vacant lot) and Family Services Building Property, the Carolyn Owens Community Center Property, the Chino Branch Library Property, the Chino Senior Center Property, the Seventh Street Theater Property, the downtown Chaffey College Building Property, the Chino Community Building Property, the IT Center Property, the Old Schoolhouse Museum Property, and various City-owned parking lots between the hours of 10:00 p.m. and 6:00 a.m., seven days a week. If a public meeting or City-authorized event located at these properties ends after 10:00 p.m. through approval of a City Rental Facility Permit, the property would be allowed to remain open to those persons authorized to attend the event listed in the Rental Facility Permit for 30 minutes after the conclusion of the event. These proposed limits to public access would not apply to the sidewalks bordering the properties, to allow for free travel in the downtown area.
This Ordinance will place the same hours of operations on the above-listed properties that currently exist for all City parks. The Police Department will use this Ordinance, as they use the current Municipal Codes, to deter vandalism, burglary, drug use, and other crimes that commonly occur on public property during nighttime hours. The Ordinance will enhance the safety of the surrounding neighborhoods and City property by providing Police Officers probable cause to investigate and detain individuals loitering on public property at night. This type of Ordinance has proven successful in deterring crime in the City’s parks and will have the same positive impacts for the parcels that may be designated by Resolution authorized by the Ordinance.
ENVIRONMENTAL IMPACT
The proposed Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that it will not have a significant effect or physical change to the environment.
Attachments: Exhibit A - Ordinance 2024-008
Exhibit B - Draft Resolution Closing City Property During Certain Hours