HomeMy WebLinkAboutReso 2021-165RESOLUTION NO. 2021-165
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXTENDING THE DECLARATION OF A
SHELTER CRISIS WITHIN THE MEANING OF
GOVERNMENT CODE SECTION 8698
WHEREAS, California’s Governor 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 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 2020 Regional Task Force on the Homeless Point-In-Time Count,
conducted in January 2020, identified a total of 473 homeless persons within the City, equating to
approximately 6.3% of the entire homeless population in the San Diego region; 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, 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; and
WHEREAS, the current number of homeless individuals in Chula Vista far outpaces the
number of existing transitional housing available; and
WHEREAS, unauthorized homelessness encampments are increasing across the City of
Chula Vista within the public right of way, thus exposing homeless individuals to traffic hazards,
crime, risk of death and injury, exposure to weather, lack of adequate sanitation and debris
services, and other conditions that are detrimental to their health and safety; and
WHEREAS, analysis and evidence have demonstrated that providing decent, safe, and
stable housing combined with crucial support services are two primary components of successful
transition from homelessness to a safer and healthier way of living; and
WHEREAS, given the extent of the shelter crisis, the City Council of the City of Chula
Vista finds that more immediate and expeditious efforts are necessary to develop additional shelter
solutions that are safe and meet basic habitability standards and that flexibility and broad based
approaches are essential to increase capacity; and
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WHEREAS, California Government Code section 8698, et seq., allows the governing body
of a city to declare a shelter crisis when a significant number of persons are without the abil ity to
obtain shelter, resulting in a threat to their health and safety; and
WHEREAS, California Government Code section 8698.1 provides that, upon a declaration
of a shelter crisis, the provisions of any state or local regulatory statute, regulation or Resolution
prescribing standards of housing, health, or safety, as applied to 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; and
WHEREAS, California Government Code section 8698.2 provides that, upon a declaration
of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public
facilities (including facilities leased by the city) during the duration of the crisis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that a Shelter Crisis pursuant to Government Code section 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.
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.
BE IT FURTHER RESOLVED by the City Council of Chula Vista that this Resolution
shall remain in place until June 30, 2023.
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Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of August 2021 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2021-165 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 24th day of August 2021.
Executed this 24th day of August 2021.
Kerry K. Bigelow, MMC, City Clerk
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