HomeMy WebLinkAbout2018/09/25 Item 4 Revised Resolution REVISED
Item 4 (18-0409)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING A SHELTER CRISIS, WITHIN
THE MEANING OF GOVERNMENT CODE SECTION 8698,
ET SEQ; AUTHORIZING THE CITY MANAGER TO SEEK
HOMELESS EMERGENCY AID PROGRAM (HEAP) FUNDS
TO ADDRESS SAID SHELTER CRISIS AS PROVIDED FOR
IN SB 850 AND THE 2018-19 BUDGET ACT; AND RELATED
ACTIONS
WHEREAS, California's Governor Edmund G. Brown, Jr. and the members of the
California Legislature ("Legislature") have recognized the urgent and immediate need for
funding at the local level to combat homelessness; and
WHEREAS, the Governor and the Legislature have provided funding to local
governments under the Homeless Emergency Aid Program as part of SB 850 and the 2018-19
Budget Act(Chapter 48, Statutes of 2018); and
WHEREAS, the Governor and Legislature require jurisdictions seeking an allocation
through the Homeless Emergency Aid Program to declare a shelter crisis ("Shelter Crisis")
pursuant to Government Code §8698.2; and
WHEREAS, the City of Chula Vista (the "City") has developed a homelessness plan and
undertaken multiple efforts at the local level to combat homelessness; and
WHEREAS, the City finds that 367 persons within Chula Vista are homeless and living
without shelter; and
WHEREAS, the 2018 Regional Task Force on the Homeless Point-In-Time Count,
conducted on January 26, 2018, identified a total of 367 homeless persons within the City,
equating to approximately 4%of the entire homeless population in the San Diego region; and
WHEREAS, 262 of the people counted were unsheltered within the City, living on City
streets, in canyons, riverbeds, parks, or in vehicles; and
WHEREAS, the City finds that the number of homeless is significant, and these persons
are without the ability to obtain shelter and at risk of injury and harm due to exposure to the
elements and other health, safety and welfare-related circumstances and consequences associated
with living outside; and
WHEREAS, the impact of homeless overnight lodging in City parks and on public
sidewalks, parking lots, canyons and riverbeds has an effect on physical environmental
resources, as well as on the use and enjoyment of public spaces for their intended purposes by
the public at-large; and
WHEREAS, such homeless overnight lodging in public spaces also has an adverse effect
on the health and safety of the people in the City, including the homeless population; and
WHEREAS, the City Council affirms the City of Chula Vista's commitment to
combatting homelessness and creating or augmenting a continuum of shelter and service options
for those living without shelter in our communities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that a Shelter Crisis pursuant to Government Code §8698.2 exists in Chula Vista because
the substantial unsheltered homeless population in the City is at risk of injury and harm due to
exposure to the elements and other health, safety and welfare-related circumstances and
consequences associated with living outside and because the impact of homeless overnight
lodging in City parks and on public sidewalks, parking lots, canyons and riverbeds has an effect
on physical environmental resources, as well as on the use and enjoyment of public spaces for
their intended purposes by the public at-large, and such homeless overnight lodging in public
spaces also has an adverse effect on the health and safety of the people in the City; and,
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
does hereby authorize the City of Chula Vista's participation in the Homeless Emergency Aid
Program (HEAP) as part of SB 850 and the 2018-19 Budget Act (Chapter 48, Statutes of 2018),
directs the City Manager, or his designee, to prepare all necessary documents and any actions, as
required for the City's participation in the HEAP, and authorizing the City Manager, or his
designee, to execute any HEAP application, agreement and all associated documents, and other
actions necessary for the City's participation; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the
declaration of a Shelter Crisis implements the provisions of Government Code section 8698.1(b)
which provides that for the term of the Shelter Crisis, "the provisions of any state or local
regulatory statute, regulation, or ordinance prescribing standards for housing, health, or safety
[with regard to specified "public facilities"] shall be suspended to the extent that strict
compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter
crisis." The City Council authorizes the City Manager, pursuant to Government Code section
8698.1(b), at the City Manager's discretion and with City Council approval, to establish and
apply interim health and safety provisions and land use controls (collectively referred to "health
and safety standards") to impacted public facilities to ensure minimal public health and safety;
and
BE IT FURTHER RESOLVED by the City Council of Chula Vista that this Resolution
shall remain in place until SeptembeF 27, 249 June 30, 2021.
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney