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2019-12-11 VHC MinutesMINUTES VERNON HOUSING COMMISSION REGULAR MEETING WEDNESDAY, DECEMBER 11, 2019 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER & FLAG SALUTE Vice Chair Ybarra called the meeting to order at 6:00 p.m. and led the Flag Salute. ROLL CALL PRESENT: Ronit Edry Frank Gaviña, Chair Jorge Nevarez Jr. Marlene Ybarra Melissa Ybarra ABSENT: Steven Froberg, Vice Chair 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. MOTION Vice Chair Melissa Ybarra moved and Commissioner Nevarez seconded a motion to elect Frank Gaviña to serve as Chair. The question was called and the motion carried 5-0, Vice Chair Froberg absent. MOTION Commissioner Marlene Ybarra moved and Chair Gaviña seconded a motion to elect Steven Froberg to serve as Vice Chair. The question was called and the motion carried 5-0, Vice Chair Froberg absent. CHANGES TO THE AGENDA City Clerk Pope announced that Public Comments would be taken prior to Closed Session. Regular Vernon Housing Commission Minutes Page 2 of 4 December 11, 2019 PUBLIC COMMENT Marisa Olguin, Vernon Chamber of Commerce President, welcomed the new Commissioners and thanked staff for briefing the Commission on the Dennis Roberts case. 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 RECESS Chair Gaviña recessed the meeting to Closed Session at 6:08 p.m. The meeting reconvened at 6:28 p.m. with Vice Chair Froberg absent. Senior Deputy City Attorney Byun reported that the Commission discussed the Closed Session Item and no reportable action was taken. CONSENT CALENDAR MOTION Commissioner Melissa Ybarra moved and Commissioner Nevarez seconded a motion to approve the Consent Calendar. The motion carried 5-0, Vice Chair Froberg absent. The Consent Calendar consisted of the following items: 3. Vernon Housing Commission Minutes Recommendation: Approve the June 12, 2019 Regular Vernon Housing Commission meeting minutes. 4. 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. Regular Vernon Housing Commission Minutes Page 3 of 4 December 11, 2019 NEW BUSINESS 5. 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. Public Works Director Wall presented the staff report. In response to Commission questions, Public Works Director Wall explained the purpose of repealing the first responder policy. City Administrator Fandino discussed City employed first responders and the lack of interest from businesses for first responder housing. Ms. Olguin suggested contacting businesses to determine the need for first responder housing. Diana Gonzales asked if her son could remain in his home if something happened to her or her husband, the lessees. Elizabeth Hull, Legal Counsel, Best Best & Krieger, explained lease provisions when tenants vacate. The Commission discussed housing for first responders and terms of leases. Commissioner Melissa Ybarra suggested revising the lease to include first responders; asking business interest in first responder housing; changing the cap for first responder priority to one fire, one police, and one business; and possibly changing the definition of first responder. MOTION Commissioner Melissa Ybarra moved and Commissioner Marlene Ybarra seconded a motion to continue Recommendations E. Repeal of the Procedures for Tenants under First Responder Priority; and F. Recommendation on the proposed amendments to Vernon Municipal Code section 2.125(b) for adoption by the Vernon City Council to allow staff to Regular Vernon Housing Commission Minutes Page 4 of 4 December 11, 2019 conduct a survey of businesses on interest in first responder housing. The question was called and the motion carried 5-0, Vice Chair Froberg absent. MOTION Commissioner Melissa Ybarra moved and Commissioner Edry seconded a motion to: A. Find the actions exempt under CEQA; 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; and D. Adopt the proposed amendments to the standard form of Lease. The motion carried 5-0, Vice Chair Froberg absent. DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF 6. 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. Public Works Director Wall presented the staff report and requested Commission direction on whether to apportion the metered utility cost on units or number of bedrooms. MOTION Commissioner Melissa Ybarra moved and Commissioner Nevarez seconded a motion to find the action exempt under CEQA and recommend apportionment of non-separately metered utility cost to tenants based on the number of bedrooms. The motion carried 5-0, Vice Chair Froberg absent. ORAL REPORTS City Administrator Fandino distributed the December 2019 City of Vernon Resident Newsletter. ADJOURNMENT Chair Gaviña adjourned the meeting at 7:24 p.m. ________________________ FRANK GAVIÑA, Chair ATTEST: _________________________ LISA POPE, City Clerk (seal)