At a first reading at the Chula Vista City Council meeting on Sept. 17, Council voted unanimously to move forward with its encampment ban ordinance. The ordinance is set for a second reading at the next city council meeting before it goes into effect.
This comes after the Supreme Court overturned the 9th Circuit Court of Appeals decision in the Johnson v. City of Grants Pass in 2023 by determining that the prohibition of sleeping accessories and the administration of sleeping in public is constitutional. And Gov. Gavin Newsom’s Executive Order N-1-24 directing state departments and agencies under his authority to adopt policies consistent with the California Departments of Transportation’s encampment policy, that bans prohibiting camping and sleeping in public areas may be enforced.
Staff reported that in the last four years, the unsheltered crisis has grown with a number of unsheltered doubling from prior years. Unsheltered persons frequently occupy public spaces and other places not meant for human habitation. In response, the city developed and implemented a multi-faceted approach inclusive of initiatives, programs, and projects to address the needs of the unsheltered. However, the concentration of growing encampments has resulted in a public health and safety hazard that has adversely impacted the surrounding areas. This item presents a proposed ordinance that would prohibit campsites and sitting, sleeping, lying, or storing personal property on public property at specific locations in the city.
Since 2015, the City of Chula Vista has used collaborative multidisciplinary community partnerships that works towards alleviating the effects of homelessness and addresses the short-term needs of those experiencing homelessness to foster long-term housing stability, with a goal of ending homelessness in Chula Vista by providing a consistent, results-based multidisciplinary approach to serving the unsheltered and meeting them where they are.
Mayor John McCann said that Chula Vista is a compassionate city, and as Homeless Outreach Teams go out into the encampments, they continuously offer the unsheltered individuals help. He said that District 4 and District 4 Councilmember Rachel Marineau is affected the most by homeless encampments.
“I think that we are making a good stride,” he said. “Again, this is the beginning, and if there are additional things in the future that we see, we are going to continue to work proactively to try and make sure that we can get homeless off the streets,” he said.
The following provisions will take effect 30 days after the date of passage.
A person shall not sit, lie, sleep, or store personal property on public property as follows:
ADA Access. Upon a street, sidewalk, or other public property in a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990.
City Permit Activity. Obstruction or interference with the use of the right of way for any activity for which the city has issued a permit.
Motor Vehicles or Bike Paths. Upon a street, bike lane, bike path, or other public property open to use by motor vehicles or bicycles.
No person may maintain or occupy a campsite in or upon public property within the following locations:
One thousand feet of a public or private school providing instruction in grades 1 to 12, inclusive.
A city park and the area within five hundred feet of a city park.
Five hundred feet of an area designated by the city as a shelter, safe camping, or safe parking site.
One thousand feet of a public or private school providing instruction in grades 1 to 12, inclusive.
A city park and the area within five hundred feet of a city park.
Any MSCP land, including but not limited to:
Otay Valley Regional Park
Sweetwater Valley Regional Park
A major transit stop and the area within five hundred feet of a major transit stop, including but not limited to:
Palomar Street Trolley stop
H Street Trolley stop
E Street Trolley stop
Rapid Bus Service, Line 225, stops, including:
East Palomar Station
Heritage Station
Lomas Verde Station
Santa Venetia Station
Otay Ranch Station
Millenia Station
Within 1,000 feet of an area designated by the city as a shelter, safe camping, or safe parking site.
