HomeMy WebLinkAboutCC RES 18-97RESOLUTION NO. 18-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AUTHORIZING ESTABLISHMENT, CONSTRUCTION AND OPERATION OF
TEMPORARY SHELTER FOR UNSHELTERED INDIVIDUALS ON THE VACANT
PARCEL LOCATED ADJACENT TO AND SOUTH OF WARNER AVENUE AND
EAST OF ARMSTRONG AVENUE
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 located at the corner of Warner
Avenue and Armstrong Avenue, south of Warner and east of Armstrong, APN 430-371-
40 (the "Warner/Armstrong Site");
WHEREAS, a portion of the Warner/Armstrong Site has an existing soil ramp that
was graded in anticipation of a future pedestrian bridge that is unrelated to this project.
Except for that ramp, the lot is vacant and has been rough graded. The City Council finds
the Warner/Armstrong Site to be underutilized. The portion of the Warner/Armstrong Site
to be used for the temporary homeless 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
Warner/Armstrong Site if such use of additional area will advance the purposes of this
Resolution and/or the operation of the emergency shelter;
Resolution No. 18-97
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WHEREAS, the Warner/Armstrong Site is located in an urban, developed area and
utilities including water main, sewage, and other utilities are available at the site, with only
minor extensions needed to connect to the proposed trailers and facilities. 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 Warner/Armstrong
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;
WHEREAS, this project is Categorically Exempt from the California Environmental
Quality Act pursuant to: Class 3 (New Construction/Conversion); Class 4 (Minor
Alteration); and Class 32 (Infill Exemption) of the California Code of Regulations
(Guidelines for the California Environmental Quality Act).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin:
(1) that the City -owned Warner/Armstrong 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. 18-97
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ATTEST:
ERICA N. YASU ,
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. 18-97 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:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. ASULYA,
City Clerk
Resolution No. 18-97
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Puckett, Bernstein, Clark, Cooper, Lumbard (5)
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