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2019-12-11 VHC Agenda Packet Page 1 of 3 California 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 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 48 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 City of Vernon Regular Vernon Housing Commission Meeting Wednesday, December 11, 2019, 06:00 PM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra, Vice Chairperson Ronit Edry, Commissioner Steven Froberg, Commissioner Frank Gaviña, Commissioner Jorge Nevarez Jr., Commissioner Marlene Ybarra, Commissioner Vacant, Commissioner CALL TO ORDER ROLL CALL FLAG SALUTE ELECTION 1. Election of Chairperson and Vice Chairperson Recommendation: A. Find that election of a chair and vice chair does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity; B. Elect one member to serve as Chairperson until the Annual Election; and C. Elect one member to serve as Vice Chairperson until the Annual Election. CHANGES TO THE AGENDA Regular Vernon Housing Commission Meeting Agenda December 11, 2019 Page 2 of 3 CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) City of Vernon v. Dennis Roberts, et al., Los Angeles Superior Court Case No. 19NWUD02332 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 City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. CONSENT CALENDAR 3. City Clerk Vernon Housing Commission Minutes Recommendation: Approve the June 12, 2019 Regular Vernon Housing Commission meeting minutes. 2019-06-12 VHC Minutes.docx 4. Public Works Report on Housing Lotteries Held During the Period of June 1, 2019 to August 31, 2019 Recommendation: A. Find that the action recommended in this staff report does not constitute a “project” pursuant to Section 45378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”) because such recommendations constitute an administrative activity; and even if the proposed action 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. Receive and file a report on the housing lotteries held between June 1, 2019 and August 31, 2019. 1. June 18, 2019 Unit Transfer Lottery Results 2. Received Unit Transfer Forms as of May 31, 2019 (Deadline for June 18 Lottery) 3. August 14, 2019 General Lottery Results 4. Received Housing Interest Forms as of August 2, 2019 (Deadline for August 18 Lottery) NEW BUSINESS 5. Public Works Approval of Proposed Amendments to and Repeal of Various Procedures and Form of Standard Lease Recommendation: A. Find that the actions recommended in this staff report do not constitute “projects” pursuant to Section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because such recommendations constitute administrative activity; Regular Vernon Housing Commission Meeting Agenda December 11, 2019 Page 3 of 3 B. Adopt the proposed amended Procedure Regarding Lessee/Authorized Occupant Relocation and related Unit Transfer Request Form; C. Adopt the proposed amended Procedures Regarding Impermissible Subletting or Assigning of Housing Units; D. Adopt the proposed amendments to the standard form of Lease; E. Repeal the Procedures for Tenants under First Responder Priority; and F. Recommend the proposed amendments to Vernon Municipal Code section 2.125(b) for adoption by the Vernon City Council. 1. Amended Standard Lease Redline 12.11.19 2. Amended Procedure re Impermissible Subletting or Assignment of Housing Units Redline 12.11.19 3. Amended Relocation Procedure Redline 12.11.19 4. Amended Unit Transfer Request Form 12.11.19 Redline DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF 6. Public Works Non-Separately Metered Utilities Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it 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 15378; and B. Provide direction on the apportionment of non-separately metered utility cost to tenants. ORAL REPORTS Brief reports, announcements, or directives to staff from the Commissioners and Commission Officers. ADJOURNMENT - Next regular meeting: Wednesday, March 11, 2020, at 6:00 p.m. 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 date set forth on this agenda. Dated this 5th day of December, 2019. By: __________________________________ Lisa Pope, City Clerk Vernon Housing Commission Agenda Item Report Agenda Item No. COV-24-2018 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: December 11, 2019 SUBJECT Election of Chairperson and Vice Chairperson Recommendation: A. Find that election of a chair and vice chair does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity; B. Elect one member to serve as Chairperson until the Annual Election; and C. Elect one member to serve as Vice Chairperson until the Annual Election. Background: At its October 15, 2019 meeting, the Council ratified the Mayor's appointment of three new members to the Vernon Housing Commission. Jorge Nevarez Jr. was appointed to serve in Business Representative Seat No. 1 with a term of July 1, 2019 to June 30, 2023; Ronit Edry was appointed to serve in Business Representative Seat No. 3 with a term of July 1, 2019 to June 30, 2023; and Marlene Ybarra was appointed to to serve in Resident Representative Seat No. 2 with a term of July 1, 2019 to June 30, 2023. Section 2.124(b) of the Vernon Municipal Code states that “The Commission members shall elect the Chairperson and Vice Chairperson at its first meeting and annually thereafter. No Commission member may serve as Chairperson for more than two (2) consecutive terms. The Chair shall preside over all Commission meetings and shall have the power to appoint subcommittees and the presiding chairs of those subcommittees. The Vice Chair shall, in the absence of the Chairperson, perform the duties of the Chairperson. The Chair and Vice Chair must be from different appointment categories. The members of the four appointment categories are as follows: Council Member 1. Melissa Ybarra Resident Representatives 1. Steven Froberg 2. Marlene Ybarra Employee of a Business 1. Vacant Business Representative 1. Frank Gavina 2. Jorge Nevarez Jr. 3. Ronit Edry Fiscal Impact: There is no fiscal impact associated with this report. ATTACHMENTS  Vernon Housing Commission Agenda Item Report Agenda Item No. COV-360-2019 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: December 11, 2019 SUBJECT Vernon Housing Commission Minutes Recommendation: Approve the June 12, 2019 Regular Vernon Housing Commission meeting minutes. Background: Staff prepared draft minutes and hereby submits the minutes for Commission approval. Fiscal Impact: There is no fiscal impact associated with this report. ATTACHMENTS 2019-06-12 VHC Minutes.docx MINUTES VERNON HOUSING COMMISSION REGULAR MEETING COUNCIL CHAMBER, 4305 SANTA FE AVENUE JUNE 12, 2019, 6:00 PM CALL TO ORDER & FLAG SALUTE The meeting was called to order at 6:02 p.m. by Chair Cooper. Vice-Chair Ybarra led the Flag Salute. Members Present:Kyle Cooper, Melissa Ybarra, Steven Froberg, Steven Florman Members Absent:Hector Garcia, Frank Gaviña CHANGES TO THE AGENDA City Clerk Ayala announced that there were no changes to the agenda. PUBLIC COMMENT None. MINUTES 1.Minutes of the Regular Vernon Housing Commission Meeting Held on March 13, 2019 Recommendation: A. Receive and File MOTION Vice Chair Ybarra moved and Commissioner Froberg seconded a motion to receive and file the Minutes of the Regular Vernon Housing Commission Meeting held on March 13, 2019. The motion carried 4-0, Members Garcia and Gaviña absent. NEW BUSINESS 2.Report on Housing Lotteries Held During the Period of March 1, 2019 to May 31, 2019 Recommendation: A. Find that the action recommended in this staff report does not constitute a “project” pursuant to Section 45378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”) because such recommendations constitute an administrative activity; and even if the proposed action 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. Receive and file a report on the housing lotteries held between March 1, 2019 and May 31, 2019. Regular Vernon Housing Commission Minutes Page 2 of 4 June 12, 2019 Director of Public Works Wall reported on the housing lotteries. MOTION Vice Chair Ybarra moved and Commissioner Froberg seconded a to: A. Find that the action recommended in this staff report does not constitute a “project” pursuant to Section 45378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”) because such recommendations constitute an administrative activity; and even if the proposed action 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. Receive and file a report on the housing lotteries held between March 1, 2019 and May 31, 2019. The motion carried 4-0, Members Garcia and Gaviña absent. 3.Approval of Proposed Amendments to Lease-Up Procedures for New Tenants of City- Owned Units, Procedure Regarding Lessee/Authorized Occupant Relocation, and related Request Forms 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 recommendations constitute an administrative activity; and even if the adoption of the proposed items did 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; B. Adopt the proposed amended Lease-Up Procedures for New Tenants of City-Owned Units and related City Housing Interest Form; and C. Adopt the proposed amended Procedure Regarding Lessee/Authorized Occupant Relocation and related Unit Transfer Request Form. Director of Public Works Wall reported on the proposed Amendments to Lease-Up Procedures. A dialogue ensued between Commissioners and staff as to the need to revise the leasing procedures. MOTION Vice Chair Ybarra moved and Commission Froberg seconded a motion to: 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 recommendations constitute an administrative activity; and even if the adoption of the proposed items did 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; B. Adopt the proposed amended Lease-Up Procedures for New Tenants of City-Owned Units and related City Housing Interest Form; and C. Tabling adoption of the proposed amendment Procedure Regarding Lessee/Authorize Occupant Relocation and related Unit Transfer Request Form to the next regular scheduled meeting to bring back recommended revisions to the unit transfer list. The motion carried 4-0, Members Garcia and Gaviña absent. Regular Vernon Housing Commission Minutes Page 3 of 4 June 12, 2019 DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF 4.Discussion and Possible Directives to Staff Regarding the Possible Implementation of a Live/Work Mixed Use Overlay Zone in the City of Vernon Recommendation: A. Find that the discussion of a potential Live/Work Mixed Use Overlay Zone in the City of Vernon is exempt under the California Environmental Quality Act (“CEQA”) because the evaluation of such zoning discussion is a continuing administrative activity that will not result in direct or indirect physical changes in the environment and does not commit the City to a definite course of action, and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; and B. Hold a discussion to receive feedback from the Vernon Housing Commission on the possible implementation of a Live/Work Mixed Use Overlay Zone in the City of Vernon. Director of Public Works Wall reported on the possible Live/Work Mixed Use Overlay Zone. In response to Commission questions, Director of Public Works Wall discussed geographical areas that would be impacted by the proposed overlay, availability of current studies, surveys, and input received from businesses regarding the impact to surrounding businesses. The Commission discussed the proposed ordinance, City’s collaborate efforts to approach stakeholders to obtain feedback, creation of a subcommittee to address concerns, impact to the City, and environmental concerns. City Administrator Fandino stated staff would issue a Request for Proposals for a feasibility study of live-work in the City of Vernon. Director of Public Works Wall stated an update could be provided at the next meeting. ORAL REPORTS 5.March - May 2019 Quarterly Housing Report By: Public Works Staff Recommendation: A. No action required by the Commission. This is a presentation only. Director of Public Works Wall provided the Quarterly Housing Report. Chair Cooper asked the process for removing applicants from the list. Director of Public Works Wall stated the applicants were listed on the City’s website. CONSENSUS By consensus, the Commission directed staff to provide an email with information regarding the applicants for housing that fell off the lottery list. Regular Vernon Housing Commission Minutes Page 4 of 4 June 12, 2019 In response to Commission questions, Director of Public Works Wall explained maintenance of appliances. Michael Maurer, Legal Counsel, Best & Krieger, advised the Commission of the City's duties and responsibilities for maintenance of rental units as the landlord; which included notice to tenantsfor entry and overall maintenance only. A brief discussion ensuedbetween Commissioners and staff regarding the tenant’s responsibilities as to the repair and maintenance of the units versus the landlords’ duties. SECOND PUBLIC COMMENT Marissa Olguin, Vernon Chamber of Commerce, indicated the Chamber supported a study of the Live/Work Mixed Use Overlay Zone to be conducted with minimal intrusion to businesses and supported strategic planning. ADJOURNMENT MOTION Vice Chair Ybarra moved and Commissioner Florman seconded a motion to adjourn at 6:55 p.m. The motion carried 4-0, Members Garcia and Gaviña absent. ________________________ KYLE COOPER, Chair ATTEST: _________________________ LISA POPE, City Clerk (seal) Vernon Housing Commission Agenda Item Report Agenda Item No. COV-401-2019 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: December 11, 2019 SUBJECT Report on Housing Lotteries Held During the Period of June 1, 2019 to August 31, 2019 Recommendation: A. Find that the action recommended in this staff report does not constitute a “project” pursuant to Section 45378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”) because such recommendations constitute an administrative activity; and even if the proposed action 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. Receive and file a report on the housing lotteries held between June 1, 2019 and August 31, 2019. Background: On March 14, 2018, the Vernon Housing Commission (“VHC”) adopted the Lease-Up Procedures for New Tenants for City of Vernon Housing Units (“Lease-Up Procedures”) in order to simplify the methodology used for the lottery system and secure tenants more expeditiously. Essentially, any person interested in a housing opportunity shall submit an Interest Form, confirm their interest in a specific lottery upon notification from the City, and successfully complete the application process including a criminal background check and credit check. Interest Forms may be submitted at any time, which shall be valid for up to fifteen (15) months. In order to ensure a fair and transparent process for the random selection of potential new lessees, each time a housing unit becomes available, staff proceeds with the notification and lottery processes as outlined in Section 3b of the Lease-Up Procedures that results in a General Lottery List for that specific unit. In accordance with various procedures adopted by the VHC, when a vacant housing unit is ready for leasing, units are leased in the following order: 1.Existing Tenant with a Financial Hardship (provided a Financial Hardship exists and the available housing unit is more affordable than the housing unit the Tenant is currently leasing) 2.Existing Tenant on Unit Transfer Waitlist 3.First Responder on General Lottery List (provided no more than 4 units are concurrently occupied by a First Responder) 4.General Lottery List The following is a summary of the unit transfer lottery held on June 18, 2019. Since two (2) existing tenants on the Unit Transfer Wait List were interested in the three-bedroom unit, staff only conducted one lottery for the Unit Transfer Waitlist. Lotteries are held in an open forum where the public is able to witness the proceedings. All participants are invited to the lottery but attendance is not a factor in determining an applicant’s eligibility to lease a City housing unit. Lottery for 3357 Fruitland Avenue (three-bedroom) Date: June 18, 2019 Location: City Hall Council Chambers (Open to the Public) Number of Interest Forms Received: 39 Number of Confirmed Entries Included in Lottery: 2 Number of Existing Tenants with a Financial Hardship: 0 Number of First Responders in Lottery: 4 Number of Tenants on Unit Transfer Wait List: 4 Lessee Selection Result: Of the four (4) applicants on the Unit Transfer Waitlist, two (2) declined the subject unit. Ultimately, the unit was offered to and leased by the first person on the Unit Transfer Lottery List. The following is a summary of the general lottery held on August 14, 2019. Since no one on the Unit Transfer Wait List was interested in a one-bedroom unit, staff conducted one lottery for the general list. Lotteries are held in an open forum where the public is able to witness the proceedings. All participants are invited to the lottery but attendance is not a factor in determining an applicant’s eligibility to lease a City housing unit. Lottery for 3384 E. 50th Street (one-bedroom) Date: August 14, 2019 Location: City Hall Council Chambers (Open to the Public) Number of Interest Forms Received: 46 Number of Confirmed Entries Included in Lottery: 13 Number of Existing Tenants with a Financial Hardship: 0 Number of First Responders in Lottery: 5 Number of Tenants on Unit Transfer Wait List: 3 Lessee Selection Result: The top ranking first responder on the General Lottery List was interested in the subject unit. City staff is now actively working with the prospective tenant as outlined in Section 4 of the Lease-Up Procedures. Ultimately, if the prospective tenant successfully completes the screening process, the unit will be offered and leased by the top ranking first responder on the General Lottery List. If for any reason, the top ranking first responder does not qualify for the subject unit, staff will proceed with the second ranking first responder until a tenant is secured. Fiscal Impact: None. ATTACHMENTS 1. June 18, 2019 Unit Transfer Lottery Results 2. Received Unit Transfer Forms as of May 31, 2019 (Deadline for June 18 Lottery) 3. August 14, 2019 General Lottery Results 4. Received Housing Interest Forms as of August 2, 2019 (Deadline for August 18 Lottery) True Random Number Service Do you own an iOS or Android device? Check out our app! List Randomizer There were 2 items in your list. Here they are in random order: 1. Garcia Arnold Rodrigo 2. Macias Jorge lP: 104.129.792.100 Timestamp: 2019-06-18 23:06:11 UTC Don't use this service for video giveaways! Use Multi-Round Giveaways instead More lnfo @ 1998-2019 RANDOM.ORG Follow us: Twitter I Facebook Terms and Conditions About Us Received Unit Transfer Forms as of May 31, 2019 Listed in Alphabetical Order by Last Name Last Name First Name Garcia Arnold Rodrigo Macias Jorge Macias Nelson McCormick William 8/14/2019 RANDOM.ORG - List Randomizer https://www.random.org/lists/1/1 Do you own an iOS or Android device? Check out our app! List Randomizer There were 13 items in your list. Here they are in random order: 1. Torres, Luis Mendes 2. Gutierrez, Mackayme 3. Macias, Jr., Victor M. 4. Cox-Obee, Vatrenia Lynn 5. Larios, Crystal 6. Perez, Nicole Shannon 7. Fernandez, Eric 8. Cervantes, Ana 9. Owens, Shanysa Marie 10. Escobedo, Yadira 11. Godoy, Raymond 12. Espinal, William 13. Scarritt, Mallory Hunt IP: 104.129.192.100 Timestamp: 2019-08-14 23:00:26 UTC Don't use this service for video giveaways! Use Multi-Round Giveaways instead More Info Again! Go Back © 1998-2019 RANDOM.ORG Follow us: Twitter | Facebook Terms and Conditions About Us Search RANDOM.ORG Search True Random Number Service Home Games Numbers Lists & More Drawings Web Tools Statistics Testimonials Learn More Login Last Name First Name Preferred Method of Contact Amaya Johana no answer Armand Elsa Phone Benavidez Esmeralda Phone Campos Antonia Phone Cervantes Ana Phone Contreras Luis Alfredo Email Cox-Obee Vatrenia Lynn Email Davila Martha Phone De Landavazo Blanca Erehilda Phone Escobedo Yadira Both Espinal William Both Fernandez Eric Phone Garcia Deborah Phone Garcia Hector Jose Email Godoy Raymond Email Gonzalez Jaime Phone Gordon Jacquelyn Email Gutierrez Mackayme Email Gutierrez Virginia Phone Harvey Kenya Email Hood David Wayne Phone Hwang Alexis Both Larios Crystal Phone Lopez Erika Email Macias Michelle Both Macias, Jr.Victor M.Phone Martha Saucedo Phone Martinez (Selva)Vanessa Email Miguel Flor Email Munoz Ramiro Both Munoz Alfredo Onate Phone Odonnell Duane LeRoy Email Owens Shanysa Marie Phone Perez Mercedes Phone Perez Nicole Shannon Email Perez Yanet Email Perez Jacqueline Email Scarritt Mallory Hunt Email Segal Sayuri Phone Tenorio Angela Phone Torres Karen Both Torres Mirna Phone Torres Luis Mendes Phone Vega Diana Both Ybarra Susana Email Received Expression of Interest Forms as of Aug 2, 2019 Listed in Alphabetical Order by Last Name Vernon Housing Commission Agenda Item Report Agenda Item No. COV-541-2019 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: December 11, 2019 SUBJECT Approval of Proposed Amendments to and Repeal of Various Procedures and Form of Standard Lease Recommendation: A. Find that the actions recommended in this staff report do not constitute “projects” pursuant to Section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because such recommendations constitute administrative activity; B. Adopt the proposed amended Procedure Regarding Lessee/Authorized Occupant Relocation and related Unit Transfer Request Form; C. Adopt the proposed amended Procedures Regarding Impermissible Subletting or Assigning of Housing Units; D. Adopt the proposed amendments to the standard form of Lease; E. Repeal the Procedures for Tenants under First Responder Priority; and F. Recommend the proposed amendments to Vernon Municipal Code section 2.125(b) for adoption by the Vernon City Council. Background: Procedure Regarding Lessee/Authorized Occupant Relocation and related Unit Transfer Request Form At the March 13, 2019, Vernon Housing Commission (“VHC”) meeting, the VHC was advised that the current lottery procedures place no limitations on the number of Unit Transfer Forms or City Housing Interest Forms submitted per household. The issue was raised by a resident who expressed concern about the potential for skewed housing lottery outcomes when an unrestricted number of forms from the same household are entered in the lotteries. Staff explained that without any restrictions or limitations in place, a household with numerous authorized occupants and/or lessees may submit multiple City Housing Interest Forms and/or Unit Transfer Forms, thereby placing households that submit only one (1) application at a disadvantage. On June 12, 2019, the VHC adopted the Lease-Up Procedures for New Tenants for Units Located Within the City of Vernon, placing a limit of one Housing Interest Form per household, but had additional revisions to the Procedure Regarding Lessee/Authorized Occupant Relocation (hereinafter the “Relocation Procedure”), and directed staff to bring this item back to the next VHC meeting. Revisions include limiting Unit Transfer Request Forms to one per household and placing an expiration date on the “grandfather policy” created by the City Administrator/VHC Director at the December 12, 2018, VHC meeting, honoring the Market Rent Implementation Schedule adopted by the VHC on June 12, 2013, to all lessees submitting a Unit Transfer Request Form. The Relocation Procedure was first adopted by the VHC on September 14, 2016, and established the protocol for processing City-initiated and tenant-initiated, temporary and permanent relocations. The proposed amendments to the Relocation Procedure would (i) place a restriction of no more than one (1) Permanent Relocation Request Form submittable per household, per calendar year and (i) establish a clause that would allow any tenant-initiated permanent relocation to a different unit to require the lessee to immediately pay the then-established market rent for the unit to which the lessee has relocated, unless the lessee was placed on the Unit Transfer Wait List prior to December 13, 2018. The proposed amendment would place an expiration date of December 31, 2019, on the Unit Transfer Wait List. Any existing lessees interested in a tenant-initiated permanent relocation will be required to resubmit a new Unit Transfer Request Form and will be subject to the rent schedule under Resolution No. VHC-8. The lessee shall still be required to pay the $1,000 transfer fee, and a review and determination of the lessee’s creditworthiness to lease such unit shall be conducted as conditions for the unit transfer. The amended Relocation Procedure is presented to the VHC for adoption. Additionally, staff has updated the Unit Transfer Form to reflect the proposed procedural changes. The amended procedure and related form have been approved as to form by the City Attorney’s Office. Procedures Regarding Impermissible Subletting or Assigning of Housing Units In March 2019, it came to staff’s attention that a certain tenant of Vernon housing was not using his single-family home as his primary residence, but rather living in Riverside County and allowing his son (an authorized occupant under the lease) and his son's significant other to live in and use the Vernon house as their primary residence. The City Administrator/VHC Director has given notice of termination of the subject lease but expects the tenant to challenge the City in eventual eviction proceedings. In order to deter such behavior in the future and ensure that people who qualify as tenants are on notice that they must actually use their Vernon homes as primary residences or risk termination, staff recommends adoption of the proposed amendments to the Procedures Regarding Impermissible Subletting or Assigning of Housing Units – including broadly defining the terms “subletting” and “assignment.” Standard Form of Lease In addition to reflecting the changes to the Procedures Regarding Impermissible Subletting or Assigning of Housing Units in the Lease itself, staff recommends some other clarifications about the legal rights and responsibilities of tenants under the lease and “authorized occupants,” as well as a new provision to protect the City from waiver of its rights in eviction proceedings if it inadvertently collects and accepts rent from a tenant subject to eviction. Procedures for Tenants under First Responder Priority Staff recommends repealing this policy as it has not been proven to provide any real benefit for the City, since Vernon first responders’ response times are not linked at all to where they live. Moreover, in this time of restricted affordable housing for low-income, working-class people, repeal of this policy will provide more opportunity to those who truly need Vernon’s valuable government-subsidized housing. Concurrent with a decision to repeal this policy, staff recommends that the Commission recommend to the City Council amendment of Vernon Municipal Code section 2.125(b) to delete any reference to the policy in that law. Fiscal Impact: There is no fiscal impact associated with the adoption of any of the proposed amendments. ATTACHMENTS 1. Amended Standard Lease Redline 12.11.19 2. Amended Procedure re Impermissible Subletting or Assignment of Housing Units Redline 12.11.19 3. Amended Relocation Procedure Redline 12.11.19 4. Amended Unit Transfer Request Form 12.11.19 Redline Page 1 of 19 Adopted 1/25/12 RESIDENTIAL LEASE THIS RESIDENTIAL LEASE (the “Lease”) is dated as of , 20__, and is entered into between the CITY OF VERNON, a California municipal corporation (“Landlord”) and _____________ _____________________ (collectively, “Tenant”). 1. PROPERTY: A. Landlord rents to Tenant and Tenant rents from Landlord, the property located at __________________________________, California (the “Premises”). B. The Premises are for the sole use as a personal residence by the Tenant and following named person(s) only: (the “Authorized Occupants”). Occupancy shall be limited to no more than two persons per bedroom, plus one additional person. Authorized Occupants are not Tenants under this Lease. 2. TERM: The term of this Lease shall begin on __________________ (“Commencement Date”) and shall continue until , 20___ (“Expiration Date”). The term of the Lease may not be for a period longer than one (1) year. A. At the end of any term, at Tenant’s option, so long as Tenant is not in breach of any material obligation under this Lease, Tenant may renew the term of the Lease for a period not to exceed one year. If Tenant wishes to renew the Lease for a specified term, at least 30 days prior to the expiration of the current term, Tenant shall give Landlord written notice of Tenant’s intent to renew the Lease, and the length of the renewal, not to exceed one (1) year. B. If Tenant remains in occupancy after the Expiration Date, or any extension thereof, and Landlord accepts the monthly rent (other than past due rent), then the Lease shall continue as a month-to-month tenancy on the terms of this Lease terminable by either party upon at least 60 days’ prior written notice. Tenant shall vacate the Premises upon expiration of this Lease and shall promptly remove all personal property. 3. RENT; RENT ADJUSTMENT: The capitalized term “Rent” shall mean all monetary obligations of Tenant to Landlord under this Lease, except the security deposit. A. Tenant agrees to pay monthly rent in the amount of $ ____________ per month, subject to adjustment as described in Section 3B below, in advance on the 1st day of each calendar month, by personal check, money order, or cashier’s check to City of Vernon at 4305 Santa Fe Avenue, Vernon, CA 90058 (or at any other location subsequently specified by Landlord in writing to Tenant). If any payment is returned for non-sufficient funds (“NSF”) or because tenant stops payment, then, after that Landlord may by written notice to Tenant require Tenant to pay all future Rent by cashier’s check. Page 2 of 19 Adopted 1/25/12 B. It is Landlord’s policy to charge Tenant “market” rent. As such, Landlord reserves the right to adjust the Rent to reflect Landlord’s current assessment of “market” Rent. Notwithstanding the foregoing, Landlord may not adjust the Rent more than once in any 12 month period of time. 4. SECURITY DEPOSIT: A. Concurrently with Tenant’s execution of this Lease, Tenant shall pay one month’s rent to Landlord as a security deposit. B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant’s default in payment of Rent (which includes late charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; and (iii) clean the Premises, if necessary, upon expiration or earlier termination of the tenancy. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH’S RENT. If all or any portion of the security deposit is used during the tenancy, Tenant agrees to reinstate the total security deposit within five (5) days written request to Tenant. Within 21 days after Tenant vacates the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition and supporting documentation as required by California Civil Code Section 1950.5(g); and (2) return any remaining portion of the security deposit to Tenant. C. After giving or receiving notice of termination of a tenancy, or before the end of this Lease, Tenant has the right to request that an inspection of the Premises take place prior to termination of the Lease or rental. If Tenant requests such an inspection, Tenant shall be given an opportunity to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement. Any repairs or alterations made to the Premises as a result of this inspection (collectively, “Repairs”) shall be made at Tenant’s expense. Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The work shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. (iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the date of such Repairs; and (c) provide copies of receipts and statements to Landlord prior to termination. This Section does not apply, however, when the tenancy is terminated pursuant to California Code of Civil Procedure § 1161 (2), (3) or (4). D. The security deposit will not be returned until all Tenants and occupants have vacated the Premises and all keys have been returned. Any security deposit returned by check shall be made jointly to all Tenants named in this Lease. Page 3 of 19 Adopted 1/25/12 E. No interest will be paid on the security deposit. 5. INITIAL PAYMENTS; FIRST AND LAST MONTH’S RENT AND SECURITY DEPOSIT: Upon execution of this Lease, Tenant shall pay the first partial month’s rent (if applicable), first full month’s rent, last month’s rent (equal to one full month of rent) and the security deposit to Landlord by personal check, cashier’s check, or money order. 6. LATE CHARGE; RETURNED CHECKS: A. Tenant acknowledges that either late payment of monthly rent or issuance of a returned check may cause Landlord to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses. If any installment of Rent due from Tenant is not received by Landlord within five (5) calendar days after the date due, or if a check is returned, Tenant shall pay to Landlord, respectively, an additional sum of five percent (5%) of the Rent due as a late charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check, all of which shall be deemed additional Rent. B. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant’s late or NSF payment. Any late charge or NSF fee due shall be paid with the current installment of Rent. Landlord’s acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord’s right to collect a late charge or NSF fee shall not be deemed an extension of the date monthly rent is due under Section 3A above or prevent Landlord from exercising any other rights and remedies under this Agreement and as provided by law. 7. PARKING: If the Premises consist of an apartment, Tenant shall have two assigned parking spaces, specifically the two spaces labeled with the corresponding address of the Premises, and Tenant shall park only in such assigned spaces. Parking areas are to be used for parking properly licensed and operable motor vehicles, but not for trailers, boats, campers, buses or trucks (other than pick-up trucks). Parking areas used by Tenant are to be kept clean, and vehicles leaking oil, gas or other motor vehicle fluids shall not be permitted. Mechanical work or storage of inoperable vehicles is not permitted. 8. STORAGE: If the Premises consist of an apartment, Tenant shall have the right to use storage unit labeled with the corresponding address of the Premises. Tenant shall store only personal property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall not store any improperly packaged food or perishable goods, or any flammable materials, explosives, hazardous materials or wastes or other inherently dangerous material, or any illegal substances. 9. UTILITIES: Tenant shall pay for all utilities. If any utilities are not separately metered, Tenant shall pay Tenant’s proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered, Tenant shall place utilities in Tenant’s name Page 4 of 19 Adopted 1/25/12 as of the Commencement Date. Tenant shall pay any cost for conversion from existing utilities service provider. 10. CONDITION OF PREMISES: Tenant represents and warrants that Tenant has examined the Premises and, all appliances, landscaping and fixtures, including smoke detector(s) and carbon monoxide detectors, and Tenant acknowledges these items are in good and operable condition. 11. MAINTENANCE: A. Tenant shall properly use, operate and safeguard the Premises, including maintaining any landscaping and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well ventilated. Tenant shall be responsible for checking and maintaining all smoke detectors and carbon monoxide detectors and any additional phone lines beyond the one line and jack that Landlord shall provide and maintain. Tenant shall immediately notify Landlord’s Building Maintenance Department of any problem, malfunction or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises resulting from failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines. B. Tenant shall maintain, repair as necessary and water the garden, landscaping, trees and shrubs. C. Tenant’s failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform such maintenance, and Tenant shall reimburse Landlord for Landlord’s actual cost thereof, as additional Rent, within ten (10) days after written demand. 12. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant. 13. PETS: Unless otherwise provided in California Civil Code § 54.2, Tenant may keep no more than two dog(s) and/or three cat(s) on the Premises as pets, subject to Landlord’s separate Pet Agreement attached hereto as Exhibit “A”, which must be signed by Tenant Page 5 of 19 Adopted 1/25/12 and is incorporated herein by reference. Except as expressly so provided herein, no other animal or pet shall be kept on or about the Premises without Landlord’s prior written consent. 14. WATERBEDS: If the Premises were constructed on or after January 1973, then Tenant may use a waterbed in the Premises provided: (i) Tenant obtains a replacement value $100,000 waterbed insurance policy and delivers a copy to Landlord; (ii) the waterbed does not exceed the floor load for the Premises; (iii) the waterbed is held together by a pedestal or frame; (iv) the Tenant installs, maintains and moves the waterbed in accordance with the manufacturer's retailer's standards; (v) the Tenant gives Landlord at least 24 hours' prior written notice of Tenant's intention to install, move or remove (as applicable) the waterbed and arranges for a Landlord representative to be present when this occurs; (vi) the waterbed has a label certifying that it conforms to construction standards imposed by the State Bureau of Home Furnishings; and (vii) the waterbed was constructed after January 1, 1973. 15. SMOKING: If smoking occurs on the Premises, Tenant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; and Tenant acknowledges that in order to remove odor caused by smoking, Landlord may need to take certain actions such as replacing carpet and drapes and painting entire premises regardless of when these items were last cleaned or replaced. Such actions and other necessary steps will impact the return of any security deposit. 16. RULES/REGULATIONS: A. Tenant shall comply with the Rules and Regulations attached hereto as Exhibit “B” B. Tenant agrees to comply with all other Landlord rules and regulations that are delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger or interfere with other tenants (if any) or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about the Premises. 17. (If checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT: The Premises is a unit in a condominium, planned unit development, common interest subdivision or other development governed by a homeowners’ association (“HOA”). The name of the HOA is ___________________. Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions, and Landlord has provided or shall provide Tenant with copies of them. Tenant shall reimburse Landlord for any fines or charges imposed by HOA or other authorities due to any violation by Tenant, or the guests or licensees of Tenant. 18. EQUIPMENT; ALTERATIONS; REPAIRS: Unless otherwise required by law, without Landlord’s prior written consent: (i) Tenant shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or Page 6 of 19 Adopted 1/25/12 changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials; (ii) Landlord shall not be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant shall not deduct from Rent the costs of any repairs, alterations or improvements; and (iv) any deduction made by Tenant shall be considered unpaid Rent. Any equipment, fixtures, or improvements (including, without limitation, water treatment and water filtration equipment) installed by the Landlord (whether purchased by the Landlord or the Tenant) shall remain the property of the Landlord and shall remain on the Premises after the expiration or earlier termination of the Lease. Any equipment, fixtures, or improvements (including, without limitation, fencing) shall only be installed by the Tenant after written approval by the Landlord and shall become the property of the Landlord at the expiration or earlier termination of the Lease. The Landlord may require the Tenant to remove any such equipment, fixtures, or improvements (whether installed by the Landlord or the Tenant) and restore the Premises to their original condition at the Tenant’s expense. Any appliances installed or placed in the Premises by the Landlord shall remain the property of the Landlord and shall not be removed by the Tenant. 19. KEYS; LOCKS: A. Tenant acknowledges receipt of (or Tenant will receive prior to the Commencement Date): ________ key(s) to the Premises ______ remote control device(s) for garage door/gate opener(s) for apartments and condominiums, ________ key(s) to mailbox for apartments and condominiums, ________ key(s) to common area(s) for apartments, ________ key(s) to storage unit(s) B. If Tenant re-keys existing locks or opening devices (with or without Landlord’s consent), Tenant shall immediately deliver copies of all keys to Landlord. Tenant shall pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by Tenant. 20. ENTRY: A. Tenant shall make Premises available to Landlord or Landlord’s representative for the purpose of entering to make necessary repairs, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Page 7 of 19 Adopted 1/25/12 B. Landlord and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except that 48-hour written notice is required to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided Tenant has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral notice may be given to show the Premises. No notice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents at the time of entry or (iii) if the Tenant has abandoned or surrendered the Premises. No written notice is required if Landlord and Tenant orally agree to an entry for agreed services or repairs. 21. SIGNS: Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises. 22. ASSIGNMENT AND SUBLETTING: Tenant shall not sublet all or any part of Premises, or assign or transfer this Lease or any interest in it. Any assignment, transfer or subletting of Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall be grounds for Landlord to terminate this Lease. For purposes of this Lease, “assignment and subletting” shall be defined as set forth in the Procedures Regarding Impermissible Subletting or Assigning of Housing Units adopted by the Vernon Housing Commission (“VHC”) as of December 12, 2012 and as modified by the VHC from time to time. 23. JOINT AND SEVERAL OBLIGATIONS: lf there is more than one Tenant, each one shall be completely responsible for the performance of all obligations of Tenant under this Lease, jointly and severally with every other Tenant, whether or not in possession. Any such joint and several obligations do not extend to Authorized Occupants, who are not Tenants under the Lease. 24. LEAD-BASED PAINT (If checked): The Premises were constructed prior to 1978. In accordance with federal law, Landlord gives and Tenant acknowledges receipt of the disclosures on the attached Exhibit “C” and a federally approved lead pamphlet. 25. PERIODIC PEST CONTROL (If checked): Landlord has entered into a contract for periodic pest control treatment of the Premises and shall give Tenant a copy of the notice originally given to Landlord by the pest control company. 26. MEGAN’S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Landlord is not required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.) Page 8 of 19 Adopted 1/25/12 27. MOLD AND MILDEW WARNING NOTICE: Mold and mildew may be injurious to one’s health; therefore, Tenant acknowledges that: (a) Tenant has inspected the Premises, and every part thereof, at the outset of the tenancy; (b) Tenant has found no signs of moisture, mold or mildew therein; (c) Tenant shall: (i) keep the Premises well-ventilated, clean and dry any signs of mold or mildew from all surfaces, (ii) promptly notify Landlord of any dampness (from leaks, overflows, water intrusion, etc.); and (iii) promptly notify Landlord of any mold, as well as any malfunction of ventilation, air conditioning or heating systems. Tenant shall be liable for any costs, expenses, injuries, damages and claims that may result from any failure to perform the foregoing duties. 28. TOXIC SUBSTANCE WARNING: Landlord is required to give you notice that areas on this property contain or may contain one or more of some 700 + toxic substances and chemicals substances, such as swimming pool disinfectant, cleaning substances, automobile exhaust fumes, barbeque or second-hand cigarette smoke, laundry room fluids or emissions, lead paint, asbestos, etc., known to the State of California to cause cancer, reproductive toxicity, birth defects and reproductive harm. 29. TENANT’S OBLIGATIONS UPON VACATING PREMISES: A. Upon the expiration or earlier termination of this Lease, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including any mailboxes, pools, gates, common areas and all garage door openers; (ii) vacate and surrender Premises to Landlord, empty of all personal property and persons; (iii) vacate any/all parking and/or storage space; (iv) clean and deliver Premises to Landlord in good and broom-clean condition; (v) remove all debris; and (vi) give written notice to Landlord of Tenant’s forwarding address. B. All alterations/improvements made by or caused to be made by Tenant and/or Authorized Occupants, with or without Landlord’s consent, shall become the property of Landlord upon the expiration or earlier termination of this Lease. At Landlord’s discretion, Landlord may, but is not obligated to, restore the Premises to the condition they were in prior to any alterations/improvements that were not approved in writing by Landlord. In such a case, Tenant shall reimburse Landlord, as additional Rent, within ten (10) days after written demand for costs of restoration of the Premises to the condition they were in prior to any alterations/improvements that were not approved in writing by Landlord. 30. TEMPORARY RELOCATION: Subject to local law, Tenant agrees, upon demand of Landlord, to temporarily vacate Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate Premises. Unless Landlord expressly agrees in writing to pay relocation benefits, Tenant hereby waives any and all rights it may have to relocation benefits under California law. Page 9 of 19 Adopted 1/25/12 31. DAMAGE: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this Agreement by giving the other written notice and Rent shall be abated as of the date Premises become totally or partially uninhabitable. If the Premises is an apartment unit or condominium, then Landlord may terminate this Lease upon written notice to Tenant if damage to the apartment or condominium complex occurs which will cost in excess of 20% of the replacement cost of the complex to repair. If this Lease is not terminated, Landlord shall promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant’s reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant’s guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made. 32. INSURANCE: Tenant’s, Authorized Occupant’s, or guest’s personal property and vehicles are not insured by Landlord, manager or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is advised to carry Tenant’s own insurance to protect Tenant from any such loss or damage. Tenant shall comply with any requirement imposed on Tenant by Landlord’s insurer to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance. 33. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. Landlord does not waive any rights by accepting rent or by failing to enforce any terms of this Lease. Landlord’s acceptance of rent with knowledge that Tenant has violated the Lease shall not waive or affect Landlord’s right to evict Tenant. 34. NOTICES: Notices may be served at the following address, or at any other location subsequently designated: Landlord: City of Vernon 4305 South Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk Tenant: To the Premises 35. TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return, from time to time, a tenant estoppel certificate delivered to Tenant by Landlord, containing such information regarding this Lease and the Premises as Landlord may request, within five (5) business days. Failure to comply with this requirement shall be deemed Tenant’s acknowledgment that the tenant estoppel certificate is true and correct, and may be relied upon by Landlord and a lender or purchaser. 36. TENANT REPRESENTATIONS; CREDIT REPORTS: Tenant warrants that all statements in Tenant’s rental application are accurate, and Tenant hereby authorizes Landlord to obtain Tenant’s credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord may cancel this Lease: (i) before occupancy begins, upon disapproval of the credit report(s); or (iii) at any time, Page 10 of 19 Adopted 1/25/12 upon discovering that material information in Tenant’s application is false. A negative credit report reflecting on Tenant’s record may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of payment and other obligations under this Agreement. 37. MEDIATION: A. Subject to Section 37B below, Landlord and Tenant agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally between Landlord and Tenant. If, for any dispute or claim to which this Section applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover its attorneys’ fees, even if they would otherwise be available to that party in any such action. B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) any matter within the jurisdiction of a probate, small claims or bankruptcy court; (iii) an action for injunctive relief; (iv) an action for attachment. 38. ATTORNEYS’ FEES: In any action or proceeding arising out of this Lease, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorneys’ fees and costs, except as provided in Section 37A above. 39. ENTIRE CONTRACT; SEVERABILITY; AMENDMENTS: All understandings between the parties are incorporated in this Lease. The terms are intended by the parties as a final, complete and exclusive expression of their agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Lease is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing. 40. TERMINATION OF EXISTING LEASE (If checked): Upon the Commencement Date, the existing Lease between Landlord and Tenant dated ___________ shall terminate. 41. LANDLORD IS ACTING IN ITS PROPRIETARY CAPACITY (NOT GOVERNMENTAL CAPACITY): In entering into this Lease, Landlord is acting in its proprietary capacity as a party to a contract, and not in its governmental capacity; consequently, nothing in this Lease shall be construed to modify or waive Landlord’s rights in its governmental capacity, all of which are hereby reserved. 42. INDEMNITY: Tenant shall defend, indemnify and hold Landlord harmless from and against any and all claims, liabilities, Leases, damages, costs and expenses arising from, or relating to, any act or omission by Tenant or any Authorized Occupant, or guest, licensee, contractor, sublessee or assignee of Tenant, in, on or about the Premises. 43. TIME OF ESSENCE: Time is of the essence of each and every provision of this Lease in which time is a factor. Page 11 of 19 Adopted 1/25/12 44. EXECUTION IN COUNTERPARTS: Counterpart originals of this Lease may be executed, each of which, and all of which together, shall constitute one and the same agreement. 45. POSSESSORY INTEREST TAX: Landlord hereby informs Tenant that a form of property tax called a “possessory interest tax” may apply to Tenant’s interest under this Lease. Tenant shall pay all such possessory interest taxes, as assessed to Tenant, before they become delinquent, and may submit proof of payment of such tax to Landlord for prompt reimbursement. 46. WAIVER OF RELIEF FROM FORFEITURE: To the extent not prohibited by law, Tenant hereby waives and agrees not to assert any rights or benefits under California Code of Civil Procedure Section 1179 permitting a court to relieve a tenant from forfeiture of a Lease and restore him to or her to tenancy in the case of “hardship”. 47. COMMISSION AUTHORITY TO AMEND: The Vernon Housing Commission (“VHC”) shall have the authority (but not any obligation) to amend this Lease on behalf of the City; provided the amendment is express, in writing and executed by the VHC Director and the Tenant. 48. Compliance With Laws: Neither Tenant, nor Tenant’s guests or invitees, shall violate any law or commit or permit any waste, damage to, or nuisance in or about, the Premises, or in any way annoy any other tenant, or operate any business in or about the Premises, or do or keep anything in or about the Premises that will obstruct the common areas or usage thereof, or increase Landlord’s insurance premiums. 49. Non-Curable Breach of Agreement: The following, by way of illustration and not limitation, shall constitute a non-curable breach of this Agreement: (a) Police raid upon the Premises resulting in the arrest and conviction of Tenant for possession/sale/storage of any illegal narcotic/controlled substance/chemical or herbal contraband, in or about the Premises, or for aiding and abetting any family member, occupant, guest or visitor in any such activity; (b) Misrepresentation or material omission on Tenant’s Rental Application vitiating the tenancy; (c) violation of paragraph 22 of this Lease. 50. Priority Right to Purchase Housing Units for Tenants Who First Leased a Housing Unit on or before July 7, 2011: If Tenant first Leased and occupied the Premises on or before July 7, 2011, regardless of the effective date of this Lease, and if the Premises is offered for sale, Tenant shall have a priority right to purchase the Premises, subject, however, to the California Attorney General approving of this grant of a priority right. If the California Attorney General does not approve of the granting of this priority right, no such priority right shall exist. (Continued on Next Page) Page 12 of 19 Adopted 1/25/12 IN WITNESS WHEREOF, Landlord and Tenant have executed and delivered this Lease as of the date first written above. LANDLORD: CITY OF VERNON, a California municipal corporation By: Carlos R. Fandino, Jr. City Administrator and VHC Director ATTEST: Maria E. AyalaLisa Pope, City Clerk TENANT: Print Name: Print Name: Page 13 of 19 Adopted 1/25/12 EXHIBIT “A” PET AGREEMENT (Attached; to be completed by Tenant, and executed and dated by Tenant and Landlord.) Page 14 of 19 Adopted 1/25/12 PET AGREEMENT LANDLORD: _________________________________________________________________ TENANT: ____________________________________________________________________ PREMISES: __________________________________________________________________ DOG(S): CAT(S): Breed(s): ____________________________ Breed(s): ______________________________ Name(s): ____________________________ Name(s): ______________________________ Tenant, in consideration of this agreement which is incorporated into the rental agreement, shall abide by the following terms, each of which is material: 1. Pet(s) allowed: The only pet(s) which the tenant shall keep on the premises are described above. 2. Repair and/or Replacement: Tenant shall either, at the sole election of the landlord, repair in a workmanlike manner or reimburse the landlord for the costs of said repair, upon a demand contained in a three day notice to perform or quit, any damages to the premises or its furnishings and improvements, caused by the pet(s). 3. Dogs: Dogs must be neutered. Dogs must be leashed, at all times, outside the premises. Dogs shall not be allowed to defecate on or about the premises. Any such defecation must be immediately removed and either wrapped or bagged. Unwrapped defecation shall not be placed in any trash container. Dogs must not bark or howl or in any way become a nuisance or threat to the other tenants of the premises. Dogs shall be kept free of fleas and tenant is responsible for the costs of any and all flea infestation treatment which may be required, at the sole discretion of the landlord. Tenant represents that their dog(s) is/are housebroken. 4. Cats: Cats must be neutered. Cats must be kept inside the premises at all times unless the premises is a single family dwelling. A litter box must be maintained inside the premises and it must be kept clean. Litter must be bagged before being placed into trash. 5. Feeding: No pet may be fed outside the dwelling unit except if the unit is a single family dwelling, or fed over any uncovered carpeting. 6. Laws and ordinances: Tenant shall obey all pertinent laws and ordinances. Page 15 of 19 Adopted 1/25/12 7. Breach of Covenant: The breach of any covenant of this agreement, following the service of a three day notice to perform or quit on the tenant, shall be deemed a material breach of the rental agreement and will entitle the landlord to restitution of the premises, and such other damages as may be recoverable pursuant to the terms of the rental agreement. 8. Unattended Pet: No pet shall be left unattended for more than twenty-four hours. When tenant is on vacation or away from the premises for more than twenty-four hours, the pet must be taken to a pet care facility. Strangers to the tenancy shall not be allowed to enter the premises to care for the pet. 9. Abandonment of Pet: Any pet left at the premises following either voluntary vacation by the tenant or lockout pursuant to court order shall be deemed abandoned. The landlord has no responsibility for the care, feeding, and maintenance of the pet, and may immediately turn the pet over to any local animal control authority. 10. Complete Agreement: This is the complete agreement between the parties concerning pet(s). 11. Modification of Agreement: This agreement may only be modified by an agreement in writing signed by both parties. 12. Waiver: The acceptance of rent by the landlord from the tenant after a breach or purported breach of this agreement shall not be considered a waiver of any covenant herein. 13. Indemnity and Hold Harmless: The tenant shall indemnify the landlord and hold the landlord harmless from any and all damages, inconveniences, and nuisance which may be caused by the pet, and will reimburse landlord for all expenses occasioned thereby. 14. Liability insurance covering injuries or damages caused by Tenant’s pet(s), with a minimum limit per incident as specified by Landlord, showing Landlord as an additional insured, shall be purchased by Tenant and kept in effect during the tenancy on Landlord's demand. ____________________________________ ______________________________ Tenant Date ____________________________________ ______________________________ Tenant Date ____________________________________ ______________________________ Landlord Date Page 16 of 19 Adopted 1/25/12 EXHIBIT “B” RULES AND REGULATIONS 1. Landlord is not responsible for providing any security, and shall not be responsible for fire, theft of personal property, including jewelry, money, apparel or other items in the Premises, storage areas, carports, garages, common area or mailboxes. 2. No unnecessary noise is allowed at any time. All musical instruments, television sets, radios, stereos, etc. are to be played only at a volume that does not disturb neighbors and other residents. 3. All appliances including garbage disposal and dishwasher are to be operated only in accordance with factory recommendations, instructions delivered to you or posted instructions. 4. No alterations may be done without prior written consent from Landlord. Any drapes and carpets must be given good care and kept free of spots, burns and other damage. Notwithstanding the foregoing, if a Tenant paints a unit, upon move-out, the Tenant must re-paint the unit in its original color, or will be held financially liable for the cost of re- painting the unit. 5. Cost of repairs to or stoppage of, waste pipes or drains, water pipes, plumbing fixtures or overflow therefrom caused by negligent or improper usage, or the introduction of foreign articles or materials into the system, will be the responsibility of and must be paid for by the Tenant. 6. With respect to apartments and condominiums, no rugs, towels, articles of clothing or other such items are to be draped over the rails of balconies, and no mops or rugs are to be shaken from same or through window openings. 7. The storage of gasoline or other combustibles is prohibited. 8. Residents are responsible for the conduct of their licensees, guests and contractors and the adherence to these rules at all times. Intoxication, disorderly conduct, objectionable language or other disturbance by residents or visitors are not permitted. 9. No trash or other material may be accumulated that will create a hazard or be in violation of any health, fire or safety ordinance or regulation. Premises must be kept clean and sanitary and free from objectionable odors. 10. Vehicles parked in violation of the Lease may be towed away at the Tenant’s expense. 11. If the Premises consists of an apartment or condominium unit, no personal belongings, including bicycles, equipment or other items may be placed in halls, stairways or any common areas except in areas where expressly allowed by posted signage. Page 17 of 19 Adopted 1/25/12 EXHIBIT “C” EPA LEAD BASED PAINT DISCLOSURE FORM (Attached; to be completed by Landlord, and executed and dated by Tenant.) Page 18 of 19 Adopted 1/25/12 Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor’s Disclosure (a) Presence of lead-based and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the lessor (check (i) or (ii) below): (i) Lessor has provided the lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). (ii) Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Lessee’s Acknowledgment (initial) (c) Lessee has received copies of all information listed above. (d) Lessee has received the pamphlet Protect Your Family from Lead in Your Home. Agent’s Acknowledgment (initial) (e) Agent has informed the lessor of the lessor’s obligations under 42. U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Premises: _____________________________________________________________________ Lessor: City of Vernon By: Date: Lessee Date Lessee Date Page 19 of 19 Adopted 1/25/12 1 of 3 Vernon Housing Commission Procedures Regarding Impermissible Subletting or Assigning of Housing Units Adopted December 12, 2012 Rev August 29, 2019 Pursuant to Ordinance 1183, as amended, and the Vernon Rental Housing Policy (“VRHP”), the Vernon Housing Commission (“VHC”) hereby adopts the following procedures regarding the impermissible subletting or assigning of housing units. 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. Every lesasee is prohibited by his or her lease from subletting and/or assigning his or her housing unit to another person or persons. B.C. For purposes of these procedures, “subletting” or “assignment” shall include formal or informal arrangements, whether in writing or oral, for any consideration or no consideration, by which the lessee is not using the housing in Vernon as his/her primary residence, but individuals other than the lessee are using the housing as their primary residence, regardless of who is paying the monthly rent. For purposes of these procedures indicia of “primary residence” shall include, but not be limited to, (i) receiving mail at the Vernon address; (ii) auto registration at the Vernon address; (iii) voter registration at the Vernon address; (iv) property tax rolls reflecting lessee’s name at the Vernon address; and (v) residing at the Vernon address at least four (4) days a week. C.D. The VHC desires to adopt procedures with respect to the impermissible and unauthorized subletting and/or assigning of housing units that are “neutral, fair and reasonable.” The VHC recognizes that unless it uniformly enforces all leases with respect to this issue, it will not be treating all lesasees and prospective lesasees neutrally and fairly. Procedures 1. If the VHC Director, or his or her designee (the “Director”), suspects or believes that a lesasee is impermissibly subletting and/or assigning his or her housing unit to another person or persons, the Director shall contact the lesasee by a means reasonably calculated to make actual contact, and inquire as to whether any such impermissible subletting and/or assignment has, in fact, occurred. A lesasee shall be given no less than ten (10) calendar days and no more than 15 calendar days to respond to any such inquiry. 2. The Director may initiate an inquiry either based on a credible report to the Director that an impermissible act subletting or assignment has occurred or is occurring, or if the Director otherwise has sufficient information from which the Director 2 of 3 may reasonably conclude that an impermissible act subletting or assignment has occurred or is occurring. Any inquiry authorized by this Procedure is in addition to any verification of occupancy conducted in connection with the initial leasing or the renewal of any lease. 3. If, following an inquiry and any response, if any, the Director is satisfied that no impermissible act subletting or assignment has occurred or is occurring, no further action shall be taken. 4. If, following an inquiry and any response, if any, the Director is satisfied that an impermissible act subletting or assignment has occurred or is occurring, the Director shall take the following steps: a. Declare the subject lease void based on the impermissible act;Give notice of the voiding of the subject lease to the named lesasee on the subject lease; b. Give statutory notice to any occupants of the subject housing unit of the need to vacate the subject housing unit within the minimum statutory timeframe; c. If following statutory notice, any occupants remain in the subject housing unit, take all appropriate legal actions i. to evict any remaining occupants of the subject housing unit who do not have a legal right to occupy the subject housing unit; ii. to recover possession of the subject housing unit; and iii. to recover all damages, costs, and attorneys’ fees from all responsible parties as are recoverable; d. To take such other and further steps as may be appropriate to effectuate the purpose of this Procedure. e. No further action by the VHC shall be required to proceed with the foregoing steps. 5. Prior to initiating any legal action, the Director shall advise the Chair and the Vice-Chair of the VHC of the pending initiation of legal action. Failure to so advise, however, shall not void or otherwise invalidate any act by the Director that is otherwise consistent with this Procedure. 6. Any compromise or settlement of any legal action, or any compromise of any claims against any person, with a value in excess of $2,500, must be approved by the VHC. If the VHC fails to approve any such compromise or settlement, the Director is authorized and required to proceed with appropriate legal action until its conclusion, including any appeal, if in the opinion of the Director, an appeal is appropriate. 7. The Director is authorized to compromise or settle any legal action, or otherwise compromise any claim against any person, if the value of the claim is less than $2,500, and if, in the discretion of the Director, such compromise or settlement is appropriate under the circumstances and consistent with the VRHP. 3 of 3 8. The Director shall report to the VHC at each regularly scheduled meeting of the VHC on the status of any pending legal actions and the compromise or settlement of any claims. The Director shall provide such additional reports to the VHC as may be requested by the Chair. Vernon Housing Commission Procedure Regarding Lessee/Authorized Occupant Relocation Adopted September 14, 2016 Pursuant to Ordinance 1183, as amended, and the Vernon Rental Housing Policy (“VRHP”), the Vernon Housing Commission (“VHC”) hereby adopts the following procedure to address any lease/authorized occupant’s need/desire to be re-located, either temporarily or permanently. 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. Every lesasee/authorized occupant is entitled to a habitable rental unit. C. On September 19, 2012, the VHC adopted its Unit-to-Unit Transfer Procedures (“Transfer Procedures”). D. On December 10, 2014, the VHC adopted its Procedures Regarding Temporary Relocation of Lessees and Authorized Occupants (“Temporary Relocation Procedures”). E. Since the adoption of the Transfer Procedures and the Temporary Relocation Procedures, the VHC has concluded that there is a need for a single, comprehensive, relocation procedure covering both temporary and permanent relocations. This Comprehensive Relocation Procedure is intended to and does supersede both the Transfer Procedures and the Temporary Relocation Procedures. F. This Comprehensive Relocation Procedure is intended to apply to the following situations: 1. Temporary Relocation – City Initiated: If, through no fault of a Lessee, Authorized Occupant, and/or Guest, a rental unit becomes temporarily uninhabitable, as determined by the City, the Lessee and any Authorized Occupants shall be entitled, at the Lessee’s option, to be re-located to housing accommodations comparable to the rental unit in good condition for so long as the rental unit is uninhabitable. 2. Permanent Relocation – City Initiated: Any lessee of a City of Vernon owned housing unit may request a permanent relocation to any other City-owned unit on a priority basis. 3. Permanent Relocation – Tenant Initiated: Any lessee of a City of Vernon owned housing unit may request a permanent relocation to any other City-owned unit upon availability. Procedure Regarding Leasee/Authorized Occupant Relocation 2 | P a g e G. The VHC desires to adopt procedures with respect to the relocation of Lessees and Authorized Occupants that are “neutral, fair, and reasonable.” The VHC recognizes that unless it uniformly applies a relocation procedure to all lessees, it will not be treating all lessees neutrally and fairly. Procedures A. Temporary Relocations 1. When Temporary Relocation is Authorized. Temporary relocation shall be authorized, at City expense, only if a rental unit is uninhabitable or if it is determined that in light of required repairs to a rental unit, temporary relocation will facilitate more expedient and cost effective repairs, even when the cost of temporary relocation is taken into account. Whether relocation should be authorized shall be determined on an objective basis in light of best practices for a private landlord, and shall be determined by disinterested City staff and/or consultants who have expertise with respect to the subject repair(s). a. Required Relocation. If the City determines that a rental unit is uninhabitable, relocation shall be required until such time as the rental until is returned to a habitable condition. Habitability shall be determined in light of the rental unit’s current condition and in light of the effect any needed repairs may have on the habitability of the rental unit during the course of repairs. b. Optional Relocation. If a rental unit is otherwise habitable, a Lessee shall have an option either to accept relocation or to decline relocation, at the Lessee’s sole discretion, even if the total cost to repair to the rental unit shall be higher in light of the non-relocation. 2. Types of Alternative Housing. Generally, the type of alternative housing to which a Lessee and an Authorized Occupant is entitled shall be determined by the expected length of time alternative housing is required. As a general rule, if a temporary relocation is expected to last no more than 30 days, the relocation shall be presumed to be “short-term.” As a general rule, if a temporary relocation is expected to last for more than 30 days, the relocation shall be presumed to be “long-term.” Any presumption created by this procedure may be overcome if, as determined by the City, and based on the facts and circumstances of any particular case, an alternative categorization is appropriate. a. Temporary Short-term Relocation. As a general rule, if temporary short-term relocation is authorized, the alternative housing shall be in the form of a qualifying hotel or other short-term housing option, as provided for in the ERP, discussed below. b. Temporary Long-term Relocation. As a general rule, if temporary long-term relocation is authorized, the alternative housing shall be in the form of a comparably furnished apartment with a comparable number of bedrooms and bathrooms as the subject rental unit. Procedure Regarding Leasee/Authorized Occupant Relocation 3 | P a g e 3. Reimbursable Relocation Expenses. If temporary relocation is authorized, the City shall bear all reasonable costs associated with the relocation, including the cost of alternative housing, the reasonable cost, if any, of moving personal possessions from and to the rental unit to the temporary housing, and any reasonable increase in food costs, if any, necessitated by the relocation. To the extent the City’s Expense Reimbursement Policy then in effect (“ERP”) covers a subject expense, the ERP shall govern the type of expense that may be covered and the amount of coverage. To the extent the ERP does not cover a subject expense, an expense may be covered only if it is actually incurred, is reasonable as determined by the City, and only for the actual amount of the expense. 4. Rent Abatement as an Alternative. If a Lessee who is otherwise entitled to temporary relocation instead chooses to re-locate on his or her own, the Lessee shall be entitled to rent abatement for the length of time temporary relocation would have otherwise been authorized. 5. Approval Required by City Attorney or Outside Counsel. If the amount of expected reimbursable relocation expenses is in excess of $5,000, prior approval of the expenditure from the City Attorney or outside counsel to the VHC shall be required. B. Permanent Relocations City Initiated Permanent Relocations 1. If a temporary long-term relocation becomes necessary as set forth in this procedure, the lessee, at the lessee’s sole option, may request a permanent relocation to a then vacant City-owned housing unit in lieu of a temporary long-term relocation. 2. A lessee shall have 10 days from the date of receiving notice of the need for a temporary long-term relocation to elect a permanent relocation. A permanent relocation may be elected only if a housing unit is vacant at the time of the election and the vacant unit can be occupied within 30 days of the election. 3. If a lessee elects a permanent relocation, the lessee shall have priority over all other existing or potential new lessees to select a vacant housing unit. 4. No transfer fee shall be due for a City initiated permanent relocation. 5. Any lessee permanently relocating to a different unit will immediately pay the then established market rent for the unit to which the lessee has relocated. This will require a review and determination of the lessee’s credit worthiness to lease such unit. Lessee Initiated Permanent Relocations 1. All permanent relocation requests initiated by a lessee must be submitted in writing by filling out a Unit Transfer Request Form. Procedure Regarding Leasee/Authorized Occupant Relocation 4 | P a g e 2. A lessee must have occupied his/her then current unit for a minimum of one year prior to submitting a Permanent Relocation Request Form. 3. A maximum of one Permanent Relocation Request Form per lessee household will be accepted in any calendar year and shall be valid for that calendar year only. 4. Permanent Relocation Request Forms shall be accepted anytime throughout the year and shall be randomly rank ordered onto a wait list through the same lottery process conducted each June and December for potential new lessees. There shall be no priority given to first responders for lessee initiated permanent relocation requests. 5. After the priority given to existing lessees with a Financial Hardship pursuant to Section 4 of the Appeal Procedures for Existing Tenants Experiencing Transitional Hardship adopted July 18, 2012, the following order shall be followed. When a vacant housing unit is ready for leasing, the vacant unit shall first be offered to the lessee who is first on the Tenant Initiated Permanent Relocation Wait List that was in effect at the time the housing unit became vacant. If that lessee either does not want to occupy the vacant unit, or does not qualify for the vacant unit, then the vacant unit shall be offered to the next lessee on the Tenant Initiated Permanent Relocation Wait List. If the vacant unit has been offered to all lessees on the applicable Wait List, and none of the lessees either wants to occupy the vacant unit or qualifies for the vacant unit, then the vacancy shall be offered to the appropriate person on the wait list for potential new lessees in accordance with the procedures for that wait list. 6. A transfer fee of $1,000 shall be due upon approval of a transfer request to cover the costs associated with preparing the unit for new occupancy. 7. Any lessee permanently relocating to a different unit will immediately pay the then established market rent for the unit to which the lessee has relocated, unless the lessee was placed on the Unit Transfer Wait List prior to December 13, 2018. This exception will expire on December 31, 2019. This will require a review and determination of the lessee’s credit worthiness to lease such unit. 2019 Vernon Housing Commission Unit Transfer Request Form One Per Household Full Lessee Name:___________________________________________________ Current Unit Leased:_________________________________________________ Transfer Unit(s) or Unit Type(s) Requested:_______________________________ __________________________________________________________________ Reason(s) for Transfer Request:_________________________________________ __________________________________________________________________ __________________________________________________________________ TO CONFIRM your name is on the waitlist, you may check our housing website at: www.cityofvernon.org/HousingWaitlistshttp://www.cityofvernon.org/government/public-meetings/vernon-housing- commission/agendas-minutes/429housing-lottery Please allow up to 10 calendar days from date of submittal before checking. If your name does not appear on the waitlist after a minimum of 10 days, please call (323) 826-1472 or email us at cityhousing@ci.vernon.ca.us PLEASE NOTE: There is a $1,000 transfer fee and tenant shall immediately pay full market rent for the new unit, except lessees placed on the Unit Transfer Waitlist prior to December 13, 2018 and expiring December 31, 2019. Unit Transfer Request Forms are effective only for the calendar year in which they are submitted. Once a Unit Transfer Request Form expires, a new Form must be submitted in order to be considered for a housing unit. Upon City notification via current contact information on file with the City of an available housing unit, applicants have five (5) business days to confirm interest in the specific available housing unit. Applicants must update contact information if it changes. No lottery will be required if only one applicant confirms an interest in an available housing unit. If more than one applicant confirms an interest in an available housing unit, all such applicants shall be entered into a lottery. All confirmed participants of the lottery will be given at least a 24 hours’ notice of the date, time and location of the lottery. Attending the lottery will not be considered in determining an applicant’s eligibility to lease a City housing unit. Pursuant to VMC Section 2.125b, if less than four housing units are currently occupied by First Responders, priority to lease a housing unit will be given to a First Responder. Please submit completed forms to the Commission Secretary/City Clerk’s Office via:  Regular mail: Vernon City Hall, 4305 Santa Fe Avenue, Vernon, CA 90058; or  Email: cityclerk@ci.vernon.ca.us Updated 126/112/19 Vernon Housing Commission Agenda Item Report Agenda Item No. COV-529-2019 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: December 11, 2019 SUBJECT Non-Separately Metered Utilities Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it 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 15378; and B. Provide direction on the apportionment of non-separately metered utility cost to tenants. Background: The 18 single-family homes owned by the City of Vernon have separately metered utilities. The utility bills for these homes are paid for directly by the tenants occupying them. The City also owns an eight-unit apartment building. While electricity to each apartment is separately metered, water and natural gas are not. The apartment complex has two water meters, one delivering water to the eight apartments and one for the laundry room serving those eight apartments. There is a single natural gas meter for the entire complex. Currently, the City pays for all water and natural gas at the apartment complex. At the City Council meeting on November 19, an item was presented to the City Council to raise water rates in order to pay for necessary improvements to the water system infrastructure. During Council deliberations, staff was directed to bring an item to the VHC to ensure that the tenants in the apartments pay their fair share of the rate increases. While the tenants in the apartments have not previously paid for the non-separately metered utilities, the leases contain the following paragraph: "Utilities: Tenant shall pay for all utilities. If any utilities are not separately metered, Tenant shall pay Tenant’s proportional share, as reasonably determined and directed by Landlord..." After the January 1, rate increase, it is estimated that the combined monthly cost of water and natural gas for the apartment building will be $300. There are two methods that immediately present themselves in determining a tenant's proportional share. The first method is based on the number of apartments in the building. The second method is based on the number of bedrooms in the building. In the first method, each apartment would pay an equal share of a utility bill. In this method if the utility bill for the apartment complex was an estimated $300, each apartment would be charged $37.50. The second method would divide the utility bill by the number of bedrooms in the apartment building and allocate that cost to each apartment based on the number of bedrooms in an apartment. There are four 2-bedroom apartments and four 1-bedroom apartments; for a total of 12 bedrooms in the apartment building. In this method the estimated $300 utility bill for the apartment complex would be divided by 12 with each bedroom being charged $25.00. Using this method, 1-bedroom apartments would pay $25.00 and 2-bedroom apartments would pay $50.00. Fiscal Impact: Requiring the tenants in the City-owned apartments to pay for non-separately metered utilities would result in savings of an estimated $3,600 per year. ATTACHMENTS 