RESOLUTION NO. __________
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 homel essness plan and undertaken multiple efforts at the local level to combat homelessness; and
WHEREAS, the 2023 Regional Task Force on the Homeless Point -In-Time Count, conducted in January 2023, identified a total of 318 homeless persons within the City; 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 flexi bility and broad based approaches are essential to increase capacity; and
Resolution No. 2023-
WHEREAS, California Government Code sections 8698, et seq., allow the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability 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; and
WHEREAS, once the City has declared a shelter crisis, the City must report, by January 1 of each year, all of the f ollowing to the Senate Committee on Housing and the Assembly Committee on Housing and Community Development:
(A) The total number of residents in homeless shelters within the City;
(B) The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city;
(C)The estimated number of permanent supportive housing units;
(D) The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing within the City;
(E) The number and bed capacity of new homeless shelters built pursuant to this section within the City; The information regarding the bed capacity shall be included in reports due by January 1, 2024, and by January 1 of each year thereafter . Bed capacity shall not include the parking vehicle capacity of a homeless shelter on a parking lot owned or leased by the City, specifically identified as one allowed for safe parking by homeless and unstably housed individuals.
(F) New actions the City , is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that a Shelter Crisis pursua nt 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; and Resolution No. 2023-
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes and directs the City Manager to: (i) pursuant to Government Code section 8698.1(b), at the City Manager’s discretion and with City Council approval, enact municipal health and safety standards to be operative during the Shelter Crisis to ensure minimal public health and safety for additional public facilities open to the homeless pursuant to Government Code Chapter 7.8 ; and (ii) file all reports required by Government Code section 8698.4(a)(6); and
BE IT FURTHER RESOLVED by the City Council of Chula Vista that this declaration of Shelter Crisis shall remain in place until August 8, 2025.
Presented by Approved as to form by
Stacey Kurz Jill D.S. Maland
Director of Housing and Homeless Services Lounsbery Ferguson Altona & Peak Acting City Attorney