HomeMy WebLinkAboutReso 2022-203RESOLUTION NO. 2022-203
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA: (1) APPROVING A TEMPORARY 90-DAY
CLOSURE OF HARBORSIDE PARK TO PROTECT PUBLIC
HEALTH AND SAFETY WITH THE OPTION TO EXTEND
CLOSURE AT THE CITY MANAGER’S DISCRETION; (2)
WAIVING FORMAL AND INFORMAL BIDDING
REQUIREMENTS TO PROCURE TEMPORARY FENCING,
SECURITY SERVICES, PUBLIC OUTREACH SERVICES AND
PERMANENT FENCING, AS APPROPRIATE; (3)
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
ENTER INTO CONTRACTS OR EXECUTE DOCUMENTS
NECESSARY TO SECURE THE PARK AND CONDUCT
PUBLIC OUTREACH; (4) APPROPRIATING FUNDS FROM
THE GENERAL FUND THEREFOR
WHEREAS, Harborside Park, at 670 Oxford Street, was dedicated as a City park in 2006; and
WHEREAS, the park is bordered by the County of San Diego’s Health and Human
Services Agency’s Family Resource Center to the west, Walmart to the east, and Harborside
Elementary School to the north, and is near the Palomar Street Trolley Station; and
WHEREAS, because of proximity to County social services, public transportation,
shopping and eateries, and mild weather near the San Diego Bay, the park has long been popular
with the community, including unsheltered individuals; and
WHEREAS, parents of Harborside Elementary School recently have noticed an increase
in the number of unsheltered individuals at the park, have reported incidents of illegal drinking
and drug use by unsheltered individuals to City staff and elected officials, and have asked for the
City’s help to address illegal behavior and to protect school children who may walk through the
park or see illegal behavior from school grounds; and
WHEREAS, Harborside Park has consistently had the highest number of calls for service
(“CFS”) for police compared to all other parks in the City; and
WHEREAS, between January 2019 and July 2022, the park had significantly higher
numbers of citizen-initiated CFS compared to three other parks in the city with high volumes of
CFS; and
WHEREAS, between January 2019 and July 2022, Harborside Park had significantly
higher numbers of crime reports, arrests, and citations compared to the three other parks with high
CFS volumes; and
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WHEREAS, between January 2019 and July 2022, officers spent approximately two times
more hours at Harborside Park addressing citizen-initiated CFS than they did at the three other
parks; and on average, officers spent about 49 minutes per each citizen-initiated CFS at these
parks; and
WHEREAS, the City’s Code Enforcement Unit also has seen an increase in complaints
from private businesses and property owners near the park of trash, debris and encampments with
more than 25 complaints from 2020 to 2022 compared to almost no complaints for these issues
from 2017 to 2020; and
WHEREAS, in consideration of the risks to public health and safety because of illegal
activity at Harborside Park, it is in the best interest of the community to temporarily close the park
by erecting temporary fencing, and hiring private security to help enforce the temporary closure,
and to promptly report illegal activity for a police response when appropriate; and
WHEREAS, during temporary closure, the park would be closed to all uses, would be
posted and noticed as closed, and trespass into the park would be subject to citation for using the
park during temporary closure; and
WHEREAS, temporary closure of the park will allow City staff, and consultants as
appropriate, to engage the community in considering long-term options for the park site, including,
but not limited to, the potential installation of permanent fencing, construction of a recreation
center, redevelopment, or a combination thereof; and
WHEREAS, staff will provide notice of the park’s temporary closure with one-on-one
contact, posted signage, and other City methods of communication, along with community
resources, at least one week prior to closure; and
WHEREAS, the City Council has enacted Chula Vista Municipal Code (“CVMC”)
Chapter 2.66, Park and Facility Rules, with the purpose of governing the use of parks and
recreational facilities in the City to ensure full and equal rights to use and enjoy these public
facilities without regard to the status or condition of the users of the facilities and to recognize that
the community has a right to have public facilities maintained in an orderly and sanitary condition
(CVMC Section 2.66.010); and
WHEREAS, the Director of Recreation, the Director of Public Works, and the City Council
may promulgate reasonable rules and regulations and post signage as necessary to carry out park
rules and regulations (CVMC Section 2.66.010); and
WHEREAS, the Director of Recreation or Director of Public Works is authorized to alter
park hours of operation and close all or part of a park when the Director determines it is necessary
to preserve public property from damage and/or for the public health, safety and welfare, and such
change of hours is effective when the signs are posted (CVMC Section 2.66.270); and
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WHEREAS, the City Council may waive formal and informal bidding requirements by
resolution if it determines such requirements are impractical or that City interests would be
materially better served by applying a different purchasing procedure (CVMC Sections
2.56.070.B.3 and 2.56.090.B.2), and staff is requesting such waiver in order to expedite
procurement and installation of temporary and permanent fencing as well as to procure security
services and public outreach services, as appropriate; and
WHEREAS, the Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act (“CEQA”) and has determined that the
project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15303
Class 3 (New Construction or Conversion of Small Structures) because the proposed actions would
not result in a significant effect on the environment. Thus, no further environmental review is
required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it:
1. Approves a temporary 90-day closure of Harborside Park to protect public health and safety
with the option to extend the closure at the City Manager’s discretion;
2. Waives the competitive or informal bidding requirements, as applicable, in CVMC Chapter
2.56 to procure temporary fencing, security services, public outreach services, and permanent
fencing, as appropriate;
3. Authorizes the City Manager or designee to enter into contracts or execute documents
necessary to secure the park and conduct public outreach, including installation of temporary
fencing, installation of permanent fencing, and security services, as appropriate on forms
approved by the City Attorney; and
4. Appropriates $350,000 from the General Fund therefore.
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Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Deputy City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of August 2022 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
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. 2022-203 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 23rd day of August 2022.
Executed this 23rd day of August 2022.
Kerry K. Bigelow, MMC, City Clerk
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