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HomeMy WebLinkAboutCC RES 18-95RESOLUTION NO. 18-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING ESTABLISHMENT, CONSTRUCTION AND OPERATION OF TEMPORARY SHELTER FOR UNSHELTERED INDIVIDUALS AT THE FORMER ARMY RESERVE SITE LOCATED AT 2345 BARRANCA PARKWAY. The City Council of the City of Tustin finds: WHEREAS, the most recent Point in Time Count found that 69 persons within the City of Tustin are homeless and living without shelter; WHEREAS, the City of Tustin has found in Resolution 18-75 that the health and safety of unsheltered persons in the City is threatened by a lack of shelter; WHEREAS, the City has declared that a "shelter crisis" pursuant to Government Code § 8698.2 exists in the City of Tustin and has authorized the City's participation in the Homeless Emergency Aid Program set forth as part of SB 850 and the 2018-2019 Budget Act (Chapter 48, Statutes of 2018); WHEREAS, having declared the shelter crisis, the City is authorized to allow unsheltered individuals to occupy such public facilities including vacant or underutilized facilities which are owned, operated, leased or maintained by the City during the duration of the shelter crisis. Cal. Gov't Code § 8698.2(b); WHEREAS, in addition, the Council's declaration of shelter crisis has the effect of suspending, and the City Council hereby suspends, the provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety, including but not limited to the City's zoning code, building codes, fire codes, and other codes, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Cal. Gov't Code § 8698.1(b); WHEREAS, the City of Tustin owns property that formerly housed the Army Reserve center at 2345 Barranca Parkway, near Tustin Ranch Road, just west of the District Shopping Center parking lot, APN 430-021-30 (the "Army Reserve Site"); WHEREAS, the Army Reserve Site has two existing buildings that are currently used as City Public Works field offices and as a temporary location of the City's Corporate Yard while the permanent yard goes through renovations. The site also has a large paved parking lot that the City Council finds is underutilized. It is on that underutilized parking lot area east of the existing buildings that the temporary homeless shelter will be located. The portion of the Army Reserve Site used for the shelter will be approximately one acre in size. It is not the intent of the City Council, however, to limit the use of the remainder of the Army Reserved Site for purposes that will advance the purposes of this Resolution and/or the operation of the emergency shelter; Resolution No. 18-95 Page 1 of 3 WHEREAS, the Army Reserve Site is located in an urban, developed area and —, utilities including water main, sewage, and other utilities are available on site, with only minor extensions needed to connect to the proposed trailers. The operation of the shelter is anticipated to generate minimal traffic trips and will be subject to all applicable City regulations regarding environmental quality, including noise and water quality; WHEREAS, taking action as soon as possible to ensure that there are adequate secular sleeping alternatives available to those who are willing to accept them will help the City of Tustin ensure that public areas like parks, the civic center, the library plaza and city sidewalks will remain safe, attractive and well-maintained for the public at large; WHEREAS, bringing pre -constructed modular trailers to the Army Reserve Site will enable the City to comply with the terms of the Federal court settlement which requires the City to establish a secular homeless facility within 120 days; and WHEREAS, this project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to: Class 1 (Existing Facility); Class 3 (New Construction/Conversion); Class 4 (Minor Alteration); and Class 32 (Infill Exemption) of the California Code of Regulations (Guidelines for CEQA) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin: (1) that the City -owned Army Reserve Site be used for a secular emergency or bridge shelter for homeless individuals in accordance with the Federal Court settlement in Orange County Catholic Worker et al v Orange County et al, USDC, CD.Cal. Case No. 8:18-cv-00155 DOC; and (2) that the use shall be interim until such time as a long-term secular emergency or bridge shelter for homeless individuals from Tustin in a different location is open and available for use; and (3) that the City Manager or his designee are authorized to take all actions as necessary or appropriate to implement this direction. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 18th day of December, 2018. CHARLES E. PUCKETT, Mayor Resolution No. 18-95 Page 2 of 3 ATTEST: - L, -fi ERICA N. Y UDA, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 18-95 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 18th day of December, 2018 by the following vote: COUNCILMEMBER AYES: Puckett, Bernstein, Clark, Cooper, Lumbard (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) ERICA N. YASU A, City Clerk Resolution No. 18-95 Page 3 of 3