MEETING DATE:
JUNE 25, 2024
SUBJECT:
Title
ORDINANCE NO. 2024-1546, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, ADDING CHAPTER 10.33 TO THE SAN MARCOS MUNICIPAL CODE PERTAINING TO ENCAMPMENTS ON CITY PROPERTY, AND AMENDING SAN MARCOS MUNICIPAL CODE SECTION 9.04.070
Body
Recommendation
Recommendation
INTRODUCE (First Reading) Ordinance 2024 - 1546, an Ordinance adding Chapter 10.33 to the San Marcos Municipal Code pertaining to encampments on City property, and amending Section 9.04.070 ("Recreational Activities").
Body
Board or Commission Action
Not Applicable
Relevant Council Strategic Theme
Quality of Life
Executive Summary
The City has seen a marked increase in persons erecting encampments on property owned or controlled by the City in recent months. These encampments present risks to the life, health, and safety of those using them, as well as to others in the City. In addition, they pose risks of damage to certain environmentally sensitive areas. The use of these properties for camping or storage of camping-related items also inhibits the rights of others to use the areas as they are intended. In response, City staff has prepared the proposed Ordinance which adds, amends, and repeals certain sections of the San Marcos Municipal Code in order to protect the life, health, and safety of the City's residents and preserve its natural resources, while balancing the rights and needs of its unsheltered population.
Discussion
Legal Backdrop
The legal landscape with respect to unsheltered populations has changed dramatically over the past several years, and even as recently as the last two weeks. This is due in large part to two decisions by the Ninth Circuit Court of Appeals: Martin v. Boise (Idaho, 2018) and Johnson v. City of Grants Pass (Oregon, 2022). These decisions are discussed in brief below.
a. Martin v. Boise
The Martin v. Boise case challenged the City of Boise's enforcement of its Camping and Dis...
Click here for full text