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2017-06-14 VHC Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the Vernon Housing Commission in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California 90058, no prior appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 24 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda Regular Meeting of the Vernon Housing Commission Wednesday, June 14, 2017, 6:00 p.m. Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Melissa Ybarra, Chairperson Kyle Cooper, Vice Chairperson Hector Garcia, Commissioner John Kriste, Commissioner Steven Froberg, Commissioner Steven Florman, Commissioner Frank Gavina, Commissioner CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the Vernon Housing Commission on any matter that is within the subject matter jurisdiction of the Commission. The public will also be given a chance to comment on matters which are on the posted agenda during Commission deliberation on those specific matters. MINUTES 1. Minutes of the Regular Vernon Housing Commission Meeting held December 14, 2016 2. Minutes of the Special Vernon Housing Commission Meeting held February 22, 2017 NEW BUSINESS 3. Establish Procedures for Addressing Damage to Housing Units during a Tenancy Vernon Housing Commission Meeting Agenda June 14, 2017 Page 2 of 2 Recommendation: A. Find that the actions recommended in this staff report do not constitute a “project” pursuant to Section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because such recommendation constitutes an administrative activity; and even if the adoption of the proposed item does constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt the attached Procedures for Addressing Damage to Housing Units during a Tenancy. JUNE LOTTERY AND WAIT LIST 4. In accordance with Section 3, Random Selection of Potential New Leasees, of the Vernon Housing Commission Lease-Up Procedures for New Tenants, separate lottery drawings of all Expression of Interest Forms and Unit-to-Unit Transfer Request Forms received between 5:01 p.m. on December 13, 2016, and 5:00 p.m. on June 13, 2017, will be conducted to create a wait list for all units that become available June 15, 2017 or later. ORAL REPORTS, PRESENTATIONS & COMMENTS FROM STAFF AND COMMISSION MEMBERS 5. Quarterly Housing Report to be presented by Public Works Staff. 6. Brief reports, announcements, or directives to staff from the Commissioners and Commission Officers. 7. Upcoming Meetings: A. Next regular meeting: September 13, 2017 at 6:00 p.m. SECOND PUBLIC COMMENT - The public is encouraged to address the Vernon Housing Commission on any matter that is within the subject matter jurisdiction of the Commission. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 8th day of June, 2017. By: ________________________________ Maria E. Ayala, CMC Secretary MINUTES OF THE REGULAR VERNON HOUSING COMMISSION MEETING HELD WEDNESDAY DECEMBER 14, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Melissa Ybarra, Hector Garcia, John Kriste, Steven Florman, Steven Froberg and Frank Gavina MEMBERS ABSENT: Kyle Cooper The meeting was called to order by Chair Ybarra at 6:00 p.m. and Chair Ybarra also led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT Chair Ybarra announced this was the time allotted for public comment and inquired whether anyone in the audience wished to address the Commission. The public will also be given a chance to comment on matters which are on the posted agenda during Commission deliberation on those specific matters. No comment provided. MINUTES 1. Minutes of the Regular Vernon Housing Commission Meeting held September 14, 2016 It was moved by Garcia and seconded by Gavina to receive and file Minutes of the Regular Vernon Housing Commission Meeting held September 14, 2016. Motion carried, 6-0 Ybarra: Yes Garcia: Yes Kriste: Yes Froberg: Yes Cooper: Absent Florman: Yes Gavina: Yes 2. Minutes of the Special Vernon Housing Commission Meeting held November 9, 2016 Regular Vernon Housing Commission Meeting Minutes December 14, 2016 Page 2 of 4 It was moved by Garcia and seconded by Gavina to receive and file Minutes of the Special Vernon Housing Commission Meeting held November 9, 2016. Motion carried, 6-0. Ybarra: Yes Garcia: Yes Kriste: Yes Froberg: Yes Cooper: Absent Florman: Yes Gavina: Yes NEW BUSINESS 3. Results of the October 2016 Tenant Satisfaction Survey Recommendation: A. Find that the receipt of the results of the October 2016 Tenant Satisfaction Survey is exempt under the California Environmental Quality Act (“CEQA”) because such is not a “project” as that term is defined in the CEQA Guidelines section 15378, and even if it were a project, it would still be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Receive and file the results of the October 2016 Tenant Satisfaction Survey; and C. Provide staff with feedback to increase tenant participation in future years. Administrative Secretary Anthony Zarate reported on the proposed. A lengthy discussion ensued between staff and the Commission about the survey timeline, survey language, incentivizing participation and other details regarding the survey process. It was moved by Gavina and seconded by Froberg to receive and file the results of the October 2016 Tenant Satisfaction Survey. Motion carried, 6-0. Ybarra: Yes Garcia: Yes Kriste: Yes Froberg: Yes Cooper: Absent Florman: Yes Gavina: Yes Regular Vernon Housing Commission Meeting Minutes December 14, 2016 Page 3 of 4 4. Appoint members of the Vernon Housing Commission to a sub-committee to review construction plans and contract specifications for the next City-owned property renovation related to the City Housing Remodel Project Recommendation: A. Find that the approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because such action constitutes an administrative activity and it will not result in a direct or indirect physical changes to the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint no more than three members of the Vernon Housing Commission to a sub- committee that will review construction plans and contract specifications with staff for the next City-owned property renovation related to the City Housing Remodel Project. Public Works, Water and Development Services Director Derek Wieske reported on the proposed. Members Garcia, Florman, and Gavina volunteered to be appointed to a sub-committee. It was moved by Froberg and seconded by Garcia to appoint Members Garcia, Florman, and Gavin to a sub-committee that will review construction plans and contract specifications with staff for the next City-owned property renovation related to the City Housing Remodel Project. Motion carried, 6-0. Ybarra: Yes Garcia: Yes Kriste: Yes Froberg: Yes Cooper: Absent Florman: Yes Gavina: Yes DISCUSSION AND POSSIBLE DIRECTIVES TO STAFF 5. Update on Exide Battery Recycling Facility Cleanup Project Director Wieske provided a brief update on Exide Battery Recycling Facility Cleanup Project. DECEMBER LOTTERY AND WAIT LIST 6. In accordance with Section 3, Random Selection of Potential New Leasees, of the Vernon Housing Commission Lease-Up Procedures for New Tenants, separate lottery drawings of all Expression of Interest Forms and Unit-to-Unit Transfer Request Forms received between 5:01 p.m. on June 8, 2016, and 5:00 p.m. on December 13, Regular Vernon Housing Commission Meeting Minutes December 14, 2016 Page 4 of 4 2016, will be conducted to create a wait list for all units that become available December 15, 2016 or later. City Clerk Maria Ayala explained the new random drawing process via the random.org/list website. The random drawing was conducted, and the names of the newly produced list were read. Only one party was interested in unit-to-unit and placed on the list. ORAL REPORTS & COMMENTS FROM STAFF AND COMMISSION MEMBERS 7. Brief reports, announcements, or directives to staff from the Commissioners and Commission Officers. A discussion ensued between staff and the Commission regarding the frequency of Vernon Housing Commission meetings. 8. Quarterly Housing Report Presented by: Public Works, Water & Development Services Staff Administrative Secretary Zarate provided the report. 9. Upcoming Meetings: A. Special meeting: January 11, 2017 at 6:00 p.m. B. Next regular meeting: March 8, 2017 at 6:00 p.m. SECOND PUBLIC COMMENT No comment provided. Chair Ybarra requested a second walkthrough of the newly remodeled house. With no further business, at 6:57 p.m., Chair Ybarra adjourned the meeting. ________________________ Melissa Ybarra Vice Chair ATTEST: _________________________ Maria E. Ayala, CMC Secretary MINUTES OF THE SPECIAL VERNON HOUSING COMMISSION MEETING HELD WEDNESDAY FEBURARY 22, 2017, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Melissa Ybarra, Kyle Cooper, Hector Garcia, John Kriste, Steven Florman and Steven Froberg. MEMBERS ABSENT: Frank Gavina The meeting was called to order by Chair Ybarra at 6:00 p.m. and also led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT Chair Ybarra announced this was the time allotted for public comment and inquired whether anyone in the audience wished to address the Commission. The public will also be given a chance to comment on matters which are on the posted agenda during Commission deliberation on those specific matters. No comment provided. PRESENTATION 1. Status of City Housing Revenues and Expenditures Presented by: Anthony Zarate, Administrative Secretary Administrative Secretary Anthony Zarate provided an oral presentation. DISCUSSION AND POSSIBLE DIRECTIVES TO STAFF 2. Discussion of Rental Rate and Tenancy for 4323 Furlong Place Recommendation: A. Find that the establishment of a rental rate for 4323 Furlong Place is exempt from the California Environmental Quality Act (“CEQA”), because such action is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378, and that even if such were a project, it would be exempt in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that Special Vernon Housing Commission Meeting Minutes February 22, 2017 Page 2 of 3 CEQA only applies to projects that may have a significant effect on the environment; and B. Provide staff with direction on setting the appropriate rental rate for the newly remodeled City-owned single family home located at 4323 Furlong Place (“the unit”); and C. Provide staff with direction on establishing tenancy parameters for the unit and whether its availability should be reserved solely for disabled individuals. Administrative Secretary Zarate reported on the proposed. A lengthy discussion ensued between staff and the Commission about the appraisal process, rent structure/rate, and factors that affect the rent discount. It was moved by Garcia to propose a rental rate of $1,103 per month; calculated on a base rental rate of $1838, reduced by the adversity discount of HIMEs of 30% plus an additional 10% adversity discount due to the Exide issue, for a total discount of 40% off of the base. Motion failed for lack of a second. It was moved by Ybarra and seconded by Garcia to increase the discount rate to 45% and approve the rental rate of $1,011 per month. Rate would be subject to change based upon conclusion of the Exide issues. Motion carried, 5-1. Ybarra: Yes Garcia: Yes Kriste: Yes Froberg: Yes Cooper: Yes Florman: No Gavina: Absent A lengthy discussion ensued between staff and the Commission about establishing tenancy parameters for the unit, ADA considerations, and determining a method of selecting current tenants for an ADA unit transfer. It was moved by Ybarra and seconded by Cooper to establish tenancy parameters and prioritization for qualified ADA applicants, agendized at a future meeting. Motion carried, 6-0. Member Garica and Member Froberg volunteered to be on the Ad Hoc committee. Ybarra: Yes Garcia: Yes Kriste: Yes Froberg: Yes Cooper: Yes Florman: Yes Special Vernon Housing Commission Meeting Minutes February 22, 2017 Page 3 of 3 Gavina: Absent The committee came to a consensus to create Ad Hoc committee of two Housing Commission members, for the sole purpose of overseeing a random lottery to determine priority for an ADA unit transfer, in the meantime. 3. Report on the Establishment of the Unit-to-Unit Transfer Fee Administrative Secretary Zarate reported on the proposed. ORAL REPORTS & COMMENTS FROM STAFF AND COMMISSION MEMBERS 4. Brief reports, announcements, or directives to staff from the Commissioners and Commission Officers. City Administrator Carlos Fandino reported on the following: Derek Wieske no longer the Director of Public Works, a March 15th Community Event, and future rental rates. 5. Upcoming Meetings: A. Next regular meeting: March 8, 2017 at 6:00 p.m. SECOND PUBLIC COMMENT No comment provided. With no further business, at 7:25 p.m., Chair Ybarra adjourned the meeting. ________________________ Melissa Ybarra Vice Chair ATTEST: _________________________ Maria E. Ayala, CMC Secretary RECEIVED JUN 0 8 2017 C]IY CLERI('S OFflCESTAFF REPORT CITY ADMIMSTRATION DATE: TO: FROM: RE: June14,?,017 Honorable Members of the Vernon Horsing Commission 3l,tT,tX*illi,:;'J,1tr#[ffi i:Sffi V]*""(nG-'e-tt Establish Procedurrs for Addressing Damage 0o Housing Units during a Tenancy Recommendatiom A. Find that the actions recommended in this staff report do not constitute a "project" pursuant to Section 15378(bX2) of the Guidelines to the California Environmental Quality Act ('CEQA"), because such recommendation constitutes an administrative activity; and even if the adoption of the proposed item does constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt the anached Procedures for Addressing Damage to Housing Units during a Tenancy. Backsround At the Special Vemon Housing Commission ('VHC) meeting on April 26,2017, the VHC was pres€nted with the current measures used by the City to address tenants' fiscal responsibility for damages identified in City-owned housing which are caused by lessees, authorized occupants, guests, and/or invitees to units. In general, lessees are responsible for all damages caused by $e lessee, authorized occupans, guests, and/or invitees, except for normal wear and t€ar. Specific tenant responsibilities related to damage on City-owned premises are identified in Section I I (A) of the City's standard form residential lease agreement. hesently, when staff discovers damages during routine inspections for which the City is responsible (for example, an appliance that is malfunctioning through no fault of the lessee), the City will repair and/or replace the appliance at no cost to the lessee. When damages to the premises are caused by the tenant, repairs and/or replacemens will be charged to the tenant. Tenants arc not held fiscally responsible for damages upon discovery at the time of inspection; but rarher they are held accountable upon termination of a tenancy agreement, and only following their subsequent evacuation of a unit. In some cases, long-term tenancies have resulted in housing unis remaining in disrepair for significant periods of time. Without a formal due process to collect for said damages during the lessee's tenancy, the City is unable to ensure that these unis are properly maintained at all times. Following a directive from the VHC, staff has proceeded with drafting the attached Procedures for Addressing Damage to Housing Unis during a Tenancy. Essentially, upon staffs discovery ofdamage to a City-owned housing unit, a written notice shall promptly be delivered to the lessee advising of the time fi:ame to address and correct the damage. If the repair cannot be solely undertaken by the lessee, an estimated cost for the rcpair to be carried out, either by staff or a third-party contracor, shall be delivered with the notice. Following the issuance of the notice, the lessee will have three options: Comply with the Notice, Consent to dre Remedy and Pay Estimated Costs, and/or Dispute the Notice. If a lessee fails to provide consent, the City shall be authorized to take all steps that are reasonable and appropnate to remedy any damage to a housing unit, and the lessee shall be responsible for all costs reasonably incurred to remedy any damage to a housing unit for which the lessec is responsible. Sta.ff recommends that the VHC adopt the subject procedures which have been reviewed and appmved as to form by Special Counsel to the VHC. If adopted, staff would enforce the procedures with all lessees of City-owned housing and address tenant damages accordingly. I'iscal Imoact There is no fiscal impact associated with the adoption of the Procedures for Addressing Damage to Housing Units during a Tenancy. Attac:hment(s) l. Vemon Housing Commission Procedures for Addressing Damage to Housing Units during a Tenancy Page 2 ot 2 Vemon Housing Commission Procedures for Addressing Damage to Housing Units during a Tenancy Proposed June 14,2017 Pursuant to ordinance 1183, as amended, and the vemon Rental Housing Policy C,VRHP), rhe Vemon Housing Commission (.'VHC) hereby adopts the following to establish and to impiement procedures for addressing damage to housing units during the course ofa tenancy. Recitals A. The VHC is committed to managing its housing stock according to "best practices" for private, residential housing. The VRHP requires that all procedures be "neutral, fair and reasonable." B. Generally, Lessees must maintain their housing units and are responsible for any damage they cause to a housing unit, normal wear and tear excepted. C. Housing units are inspected on an annual basis, primarily for the purpose of ensuring that there are no health and/or safety conditions that require attention. During annual inspections, inspectors may also observe damage to housing units for which Lessees are responsible. D. Maintenance staffmay also observe darnage to housing units for which Lessees are responsible during the course of responding to tenant requests for maintenance. E. The VHC wants to adopt a procedure by which damage to housing units for which Lessees are responsible is addressed promptly and not solely at the end ofa tenancy' Procedures l. If staffbecomes aware of any damage to a housing unit for which a Lessee is responsible, whether during the course ofan annual inspection, a maintenance visit, or otherwise, staff shall promptly document the damage, which shall include a written description of the damage and photographs, if appropriate. 2. Staff shall provide written notice ("Notice") to the Lessee of the damaged housing unit (by email, if available, and by regular U.S. mail). The Notice shall include a description ofthe damage, any supporting photographs, a suggested remedy, a timeframe within which the remedy must be completed (the "Cure Period"), and if the remedy is not to be solely undertaken by the Lessee, an estimated cost for the repair to be carried out either by staff or a third-party contractor. 3. Following issuance ofa Notice, a Lessee has three options: a. Comply with the Notice: If a Notice calls for the Lessee to completearemedy,aLesseemaycompletetheremedywithintheCurePeriod and ihen provide written notice to the City that the remedy has been completed. Staffshall be entitled to inspect any remedy to confirm that the remedy is sufficient to address the damage in question' b. Consent to Remedv and Pav Estimated Costs: If a Notice requires a remedy that will be done either by staff and/or a third-party contractor, a iest"" may consent to the remedy and pay to the City any estimated costs associated with the remedy. The Lessee shall remain liable for the actual cost of the remedy. If the deposit is insufficient, the Lessee shall pay any difference in cost. If a part of the deposit is unused, the city shall refund any unused portion of the deposit. c. Disoute the Notice: If a Lessee wishes to dispute a Notice, the Lessee shall have ten (10) calendar days from the date of the Notice to provide a written objection to the City. The Lessee shall provide the grounds for the objection (for example, the tenant did not cause the damage or the suggested remedy is not appropriate) Thereafter, staff and the Lessee shall cooperate in good faith to resolve any disputes. If a dispute is resolved, the Lessee shall either iomply with the Notice, as amended, if amended, pursuant to Paragraph 3(a) above, or consent to the remedy, as agreed upon, and pay estimated costs, pursuant to ParagraPh 3(b) above. 4. Ifa Lessee fails to provide consent as required, the City shall be authorized to take all steps that are reasonable and appropriate to remedy any damage to a housing unit, and the Lessee shall be responsible for all costs reasonably incurred to remedy any damage to a housing unit for which the Lessee is responsible. 5. Ifat the time ofa lease renewal for a lease for a specified term a Lessee has any unresolved issues relating to damage to a housing unit for which the Lessee is responsible, the Lessee may not extend the term ofthe lease until either the damage in question is rimedied or there is a plan in place by which the Lessee will address and be financially responsible for any appropriate and applicable remedy. 6. For any Lessee who has a month-to-month lease, after 60 days following the issuance of a Notice, if the damage is not remedied and if there is no plan in place to remedy the damage, the Lessee shall be given a 30-day notice to the effect that if the damage is not remedied and/or ifrhere is no plan in place to remedy the damage, the lease may be subject to termination. Ifat the end of this extended notice period the damage is still not remedied and/or there is no plan in place to remedy the damage, staffshall take all appropriate steps to terminate the lease and to hold the Lessee responsible for all damage for which the Lessee is liable under the applicable lease.