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Resolution No. 74701 RESOLUTION NO. 7470 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON AUTHORIZING THE INITIATION OF A FORMAL APPEAL TO THE SOUTHERN CALIFORNIA ASSOCIATION OF 4 GOVERNMENTS ("SCAG") TO RECONSIDER THE FINDINGS OF THE 1999 DRAFT REGIONAL HOUSING NEEDS ASSESSMENT 5 6 7 WHEREAS, the City Council adopted a General Plan for the City 8 of Vernon, including the Housing Element, by Resolution No. 5609 on 9 April 18, 1989, as revised by Resolution No. 6109 on June 16, 1992; 10 and 11 WHEREAS, the City Council, by adoption of Ordinance No. 982 12 on April 18, 1989 and Ordinance No. 973 on May 2, 1989, enacted the 13 Comprehensive Zoning Ordinance, which is codified as Chapter 26 of the 14 Vernon City Code; and 15 WHEREAS, the Housing Element of the General Plan concludes 16 that "...residential development is unlikely in Vernon due to the city's 17 pervasive industrial character;" and 18 WHEREAS, said finding in the Housing Element of the City's 19 General Plan was supported by the following documents: 20 1. The City of Vernon Housing Feasibility Analysis dated 21 August 30, 1988, as prepared by Agajanian & Associates, identified 22 only very limited opportunities for residential development in the 23 short- and long-term future for the following reasons: 24 a. The City has developed as an industrial city, 25 which did not and does not preclude residential development. However, 26 the industrial uses over time have gradually reduced the amount of 27 residential use, and additional residentialdevelopmenthas not 28 occurred. I b. The available sites for short- and long-term 2 residential development in the City are too costly for unassisted 3 development, too environmentally impacted for safe residential 4 habitation, and unable to be competitively marketed. 5 2. The 1988 revised Regional Housing Needs Assessment 6 recognized Vernon's uniqueness and limited opportunities for housing 7 and projected a local and regional housing need of zero percent (0%) 8 for the City of Vernon; and 9 WHEREAS, the General Plan, including the Housing Element, was 10 approved by the California Department of Housing and Community 11 Development pursuant to Government Code § 65585; and 12 WHEREAS, pursuant to Resolution No. 7347, adopted on June 15, 13 1999, the City Council adopted the 1999 Annual Report of the Director 14 of Community Services & Water to the City Council on the Status of the 15 City of Vernon General Plan for the Fiscal Year 1998-99 ("Annual 16 Report"), in compliance with Government Code § 65400; and 17 WHEREAS, the Annual Report indicates that the development of 18 substantial numbers of new housing units in Vernon is unlikely based 19 on the City's unique character as an exclusively industrial City and 20 the constraints on new housing development due to the absence of 21 available land and environmental conditions; and 22 WHEREAS, the industrial nature of Vernon results in noise, 23 dust, vibration, odors, and toxic or chemical storage and wastes from 24 local industries, many of which operate around the clock; and 25 WHEREAS, these environmental conditions restrict the 26 availability of appropriate locations for new housing development in 27 Vernon; and 28 WHEREAS, pursuant to Resolution No. 7127 adopted on May 19, - 2 - 1 1998, the City Council, acting as the Planning Commission for the City 2 of Vernon, adopted a Report and Recommendation which found that the 3 Amended Redevelopment Plan conformed to the General Plan of the City 4 of Vernon, and recommended approval of the Amended Redevelopment Plan; 5 and 6 WHEREAS, pursuant to Section 33334.2 of the Community 7 Redevelopment Law, the legislative body of the community adopting a 8 redevelopment plan must either include property within the Project 9 Area suitable for low- and moderate -income housing or make a finding 10 that the provision of low- and moderate -income housing outside the 11 Project Area will be of benefit to the Project Area; and 12 WHEREAS, the land uses designated for the Project Area in the 13 Amended Redevelopment Plan, and in the City's General Plan do not 14 permit the development of housing; and 15 WHEREAS, because of the industrial nature of the Project 16 Area, as well as the City of Vernon as a whole, it has been determined 17 that it is inappropriate to develop housing within the Project Area; 18 and 19 WHEREAS, during the past two years, the City of Vernon's 20 staff has deliberated with SCAG's staff regarding the need for 21 additional housing in the City; and 22 WHEREAS, SCAG's staff has advised City's staff that it agrees 23 that the City's housing additional requirement should be zero (0), but 24 SCAG has recently submitted its 1999 Draft Regional Housing Needs 25 Assessment ("Assessment Report") which indicates that, by the year 26 2005, the City of Vernon shall be required to add an additional three 27 (3) housing units to conform with this plan; and 28 WHEREAS, for the reasons identified above, it is the City of ra I Vernon's conclusion that additional housing units in the City are not 2 practical or feasible; and 3 WHEREAS, in order to contest the decision rendered in the 4 Assessment Report, a formal appeal must be initiated requesting that 5 SCAG change their conclusion that additional housing units are 6 required within Vernon; and 7 WHEREAS, the City of Vernon desires to initiate formal appeal 8 procedures with SLAG. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 10 CITY OF VERNON AS FOLLOWS: 11 SECTION 1: The City Council of the City of Vernon hereby 12 finds and determines that the recitals contained hereinabove are true 13 and correct. 14 SECTION 2: The City Council of the City of Vernon hereby 15 finds that the housing needs assessment for the City of Vernon should 16 be revised to zero (0) units. 17 SECTION 3: The City Council of the City of Vernon hereby 18 approves the initiation of formal appeal procedures with SCAG and 19 authorizes the City Administrator to execute any documents to 20 implement said appeal. 21 SECTION 4 Based on the foregoing, the City of Vernon 22 requests that SCAG re-evaluate its housing needs assessment criteria 23 for Vernon and accept the revised housing allocation of zero (0). 24 SECTION 5: The City Clerk of the City of Vernon shall 25 certify to the passage of this resolution, and thereupon and 26 thereafter the same shall be in full force and effect. 27 28 - 4 - APPROVED AND ADOPTED this 4th day of January, 2000. f LEONIS C. MJkLBURG,YMayor ATTEST: BRUCE V. MALKENHORST, City Clerk - 5 - li l E l: l� L li 1' E 1 21 2 I 2: 2, 2: I 2' I STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7470, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, January 4. 2000, and thereafter was duly signed by the Mayor of the City of Vernon. BRUCE V. MALKENHORST, City Clerk (SEAL) - 6 - 0 SUPPORTING DOCUMENTS k CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern Wm. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 December 28, 1999 City Council City of Vernon Honorable Members: DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 The Southern California Association of Governments (SLAG) has submitted their 1999 Draft Regional Housing Needs Assessment for our review. The report indicates that by the year 2005 the City of Vernon shall be required to add an additional three (3) housing units to conform with this plan. In 1996 we performed a housing study which concluded that due to our industrial nature, appropriate sites for housing were unavailable. In 1998 we were advised by a SCAG representative that they agreed with our opinion, and that Vernon should be assigned a zero growth rate for housing needs. In order to contest the decision, a formal appeal must be prepared and signed by the City Administrator before February of 2000. The attached letter formally requests an appeal based ,on the physical constraints of the City, and that no additional housing units be required within Vernon. It is hereby recommended that the attached formal appeal letter be approved, and authorization be given to the City Administrator to sign said document. BVM:gst enclosures Very truly yours, Bruce V. Malkenhorst City Clerk comma 4 &nlmw & %,w Memo To: Bruce V. Malkenhorst, City Administrator From: -Samuel "Kevin" Wilson, Director of Community Services & Water Date: December 9, 1999 Re: Recommendation that SCAG reconsider housing need During the past two years, we have deliberated with SCAG to reconsider Vernon's need for additional housing. Recently they have submitted their 1999 Draft Regional Housing Needs Assessment for our review. The report indicates that by the year 2005 the City of Vernon shall be required to add an additional three (3) housing units to conform with this plan. In order to contest the decision a formal appeal must be prepared and signed by the City Administrator before February of 2000. The attached letter formally requests such an appeal based on the physical constraints of the City. We are requesting no additional housing units be required within Vernon. The attached letter shall be sent on behalf of the City of Vernon pending your signature. If you have any questions don't hesitate to contact at extension 245. Cc: City Attorney • Page 1 CWy DWxnentsll e#m%SCAGVutenn requesting City Adn in Sig itum.doc V < ca=e, sMIO. & TAW Memo To: Eddie Olivo, City Attorney From: Samuel "Kevin" Wilson Director of Community Services & Water Date: December 9, 1999 Re: Request to Review Formal Appeal that SCAG reconsider Housing Need The attached Memo to the City Administrator and Letter to SCAG have been prepared to initiate a formal appeal at SCAG. The appeal is to contest their decision to require Vernon to construct additional housing units by 2005. Please review them before we submit them to the City Administrator for authorization. • Page 1 CWy D=ffsntsU,- ter =AGWddibord Hawing CarespondarweW am requesting City Attaney Remew.doc CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 December 9, 1999 SLAG Regional Council 818 West Seventh Street 12th Floor Los Angeles, CA 90017-3435 Gentlemen: KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 The City of Vernon would like to thank you for the opportunity to reply to your 1999 Draft Regional Housing Needs Assessment. According to your study, the City of Vernon's housing construction need is three (3) housing units by 2005. Based on the physical constraints of the City this request is not practical. In June of 1996 a housing study was performed for the City of Vernon. It concluded that due to the industrial nature of the City, appropriate sites for housing units are extremely limited. A heavy concentration of above and below ground hazardous materials are concentrated around the City which preclude these areas for housing units. Figure H-2 details all the Hazardous Material Sites in the City. Vernon also has numerous businesses that generate noxious odors related to the slaughtering and rendering of animals. These industries are pervasive throughout the City and detour sensitive land uses such as residential. A high ambient noise level throughout the City is also a major deterrent. Stationary noise associated with industrial activities and mobile sources such as roadway and railroad noise emanate throughout the City creating a noise threshold that discourages sanative land uses such as housing. Figure H-3 details the noise contours throughout the city created by the City's streets. In addition, the lack of adequate and safe access to residential services acts as a constraint to housing opportunities in Vernon. Figure H-4 details the major transportation corridors that make it difficult and dangerous for pedestrian traffic and residential services. The City of Vernon has been in contact with your office regarding this matter for some time. In 1998, the Citysent Richard Powers a letter regarding our constraints on housing development. We were notified by Vivian Dosh that SCAG had agreed with our opinion that Vernon should be assigned a zero growth rate for housing needs. The only discrepancy was the actual number of housing units in Vernon that currently exited. In a letter dated Jun 29,1999 we notified Mr. Jacob Lieb that our current number of housing units is 31 units. Finally, we were notified by SLAG that we would have to go through the formal appeals process in order to have our housing needs reconsidered. SCAG Regional Council Page 2 December 9, 1999 The City of Vernon, hereby formally requests that, based on the physical constraints of the City, no additional housing units be required to be constructed within Vernon. Please note that S.CA.G. did not require any additional housing units in the last regional housing needs assessment. Attached is a housing report on the housing constraints within the City of Vernon that explains, in more detail, why additional housing units are not encouraged. If you have any questions you may contact Kevin Wilson at (323) 583-8811 at extension 245. Sincerely, Bruce V. Malkenhorst City Administrator BVMSKW-pp Enclosure r �, t t �' Post -it® Fax Note 7671 Date l To � # of Pages From r l Co./Dept. i t" G Co. Phone # Fax # Phone # Fax # 2.2 Constraints on Housing Development Governmental The City's zoning ordinance imposes some constraints on Constraints housing. However, new residential development is permitted anywhere in the City. Because of the industrial nature of the City, health and safety codes may also constrain housing location or siting. New attached and detached residential units are permitted throughout the General Industry and Commercial-lndustriai zones. Residential dwelling unit standards for single family detached units include 5,000 square foot minimum lot size, maximum two stories or 35 -feet in height, and a one -car garage minimum per dwelling unit Standards for multiple -family units include minimum 4,000 square foot lot size per dwelling, maximum three stories or 45 feet in height, and at least one garage space per dwelling unit plus additional parking at one space for each two units. Residential uses are required to be equipped with air conditioning and sound insulation to protect residents from exposure to adverse environmental conditions. New housing is permitted in the Heavy Industry zone as a conditional use, subject to more stringent standards to ensure land use compatibility. The zoning ordinance permits a temporary residential unit (not to exceed 180 days) related to construction upon the same lot, and in addition allows an attached residential unit on the premises of a non-residential use, business, plant or facility to house an owner, caretaker, guard or night watchman. While Vernon seeks to retain its industrial orientation, it specifically permits residential uses in the City. The City's permit processing fees and procedures do not unreasonably constrain residential development Fees are comparable to those within the region, and have been set at a level necessary to cover the costs to the City. Non- In Vernon, there is virtually no land available which would be governmental suitable for the development of housing. Although the current Constraints to inventory of unimproved or underutilized sites identified 28 Housing sites, serious environmental conditions render these sites unsuitable for residential development Selected sites are discussed in detail in Section 2.3. Environmental factors affecting potential residential development are related to hazardous materials storage and processing, background contamination, noxious odors, noise pollution, and truck and railroad traffic generated by the City's pervasive industrial land uses. Inadequate access to residential services is an additional constraint to residential development in the City. These factors which tend to preclude the use of land for residential purposes in Vernon must be considered in establishing where housing might be located in the City. Hazardous Materials With a history as an industrial City, Vernon's heavy and prolonged industrial use is reflected in the following conditions (refer to Figure H-2): • A high concentration of both underground and above ground hazardous material storage tanks throughout the City. • Numerous underground pipelines throughout the City, many carrying potentially explosive materials. • Residual soil contamination resulting from prior manufacturing activities on the site and from previously abandoned chemical waste open disposal pits, aeration ponds, landfills or petroleum related activities. (A high lead content in the soil is common.) Twenty sites are on the State hazardous waste Superfund List, with one additional site on the Federal hazardous waste Superfund List. • Approximately 137 miles of railroad track historically treated with herbicides for weed control. Right -of ways show patterns of contamination from spilling; overfilling or transfer of chemicals. • Five California EPA -permitted hazardous waste treatment, storage and disposal facilities. Ten closed landfill sites. Overfilling storage tanks, leaking pipes and leaking tanks have resulted in residual ' soil contamination in Vernon. Sixteen sites have been declared Proposition 65 sites (determined by laboratory tests to have excessive chemical contamination). Remediation plans are required to decontaminate the soil. Due to high background and other petroleum contamination and lack of feasible clean-up options, several sites were remediated with covenants being recorded to advise future purchasers of the presence of contamination, and due to public health concerns, these sites would be unsuitable for future sensitive land uses such as housing. Due to the high concentration of underground storage tanks in Vernon, (98 businesses currently store hazardous materials in the City), there is significant potential for chemical spills or accidents. The City's Underground Tank Program has milted in the removal of 909 tanks on 311 sites since May 1984. Additionally, where structures were threatened by tank removal, 59 underground tanks were filled in place. Even where these chemical storage tanks have been removed or filled, there is the potential -for residual contamination from the overfilling of tanks during their usage. The City is currently in the process of identifying additional sites with soil contamination problems. Another component of hazardous materials control in Vernon is the "right to know" program. All businesses in the City are required to submit inventories of all hazardous materials used or stored. Businesses are then classified as A, B. or C depending on the volume of chemicals handled According to the City's record of businesses with hazardous materials permits, as of June 1995 Vernon had 81 Class A businesses, handling less than 220 pounds of hazardous materials per month, 242 Class B businesses which handle between 220 and 2,200 pounds, and 402 Class C businesses which handle over 2,200 pounds of hazardous materials on a monthly basis. The number of "Class B" and "Class C" businesses has increased sharply since 1989. City officials believe than this is due primarily to higher public awareness of toxic hazard and more complete reporting of chemical usage. The risk of upset from businesses handling such high volumes of chemicals, many of which are toxic, is a factor which must be considered in land use planning. Figure H 2 indicates the location of Class C Hazardous Material Storage Sites in Vernon. The locations of businesses throughout the community with underground storage tanks and/or use or storage of -chemical materials indicate that the entire City is subject to chemical spills or accidents, thereby illustrating its inappropriateness for future residential development. In summary, Vernon's prolonged history as an industrial City has resulted in significant background contamination. Industrial uses which store or use hazardous materials are pervasive throughout the City. These conditions make Vernon a highly unsuitable environment for sensitive land uses such as housing. Noxious Odors Vernon has numerous industries which generate noxious odors, primarily related to the slaughtering and rendering of animals. Overlay districts have been designated m the City's Proposed General Plan in attempts to isolate the locations of offensive industrial uses responsible for excessive noise and odors. These overlay districts include a "Slaughtering Over- lay" for uses which involve the slaughtering of animals, and a "Rendering Overlay" for the location of rendering facilities, fertilizer facilities, junk yards 0dmcydWw&oUWe& These uses generate significant adverse effects related to odor and noise, making residential land uses highly incompatible within their vicinity. Noise As could be expected in a highly industrial city, Vernon is exposed to high levels of noise emanating from stationary industrial activity, as well as from trucks, automobiles, and railroad operations. Numerous companies in the City operate equipment, such as large presses and pumps, which produce excessive vibrations and generate noise well beyond the level of acceptability for noise -sensitive land uses within the vicinity. Arterial roadways in Vernon have, a very high proportion of truck traffic (approximately 30'/6), thereby in- tensifying noise levels surrounding the City's roadways. In addition, four main railroad lines and a number of switching operations pass through the City, generating significant levels of noise. Figure 13-3 derived from the Noise Element presents noise contours developed for Vernon in 1986; existing conditions are virtually the same. The 60 dB CNEL contour and higher represents the Noise Referral Zone adopted by the City for which any proposed land use within the zone shall be evaluated on a project specific basis. The City's policy is that residential development in areas between 60 and 65 CNEL should be undertaken only after detailed analysis of the noise reduction requirements are made and necessary noise insulation features in the project's design are determined. In areas where noise levels exceed 70 CNEL (those areas bordered on more than one side by 65 CNEL contours), residential development should be discouraged. As evidenced by the contour map, a large portion of the City falls within the Noise Referral Zone, and is thereby only marginally acceptable for sensitive land uses such as housing. The noise contours are based on roadway traffic, and do not account for stationary noise sources. The probability is that areas mapped as being outside the 60 dB CNEL may in fact experience excessive noise levels from intermittent or other sources. Track and Railroad Tm is The City of Vernon is traversed by approximately 137 mules Of railroad tracks, with approximately 114 at -grade and one grade -separated railroad crossings. As previously mentioned, truck traffic is extremely heavy, comprising nearly one-third of all traffic in the City. These conditions not only contribute to excessive noise levels, but also create safety hazards for pedestrians, particularly a problem for the elderly, handicapped individuals and families with children. Although the planned construction of the Alameda Corridor will consolidate rail traffic between the Ports of Los Angeles and Long Beach and downtown Los Angeles, no plans have been announced to vacate existing mainline railroads. Some spur tracks will be eliminated, but will be replaced by truck transportation. Figure H-4 indicates the principal transportation elements which contribute to noise and pollution in the City of Vernon: the Long Beach Freeway, arterial roadways, collector streets and mainline railroads. Residential Service Adequacy Residential development requires the provision of services to meet the needs of the resident population. Services provided at the municipal level include education, recreation, and local retail goods and services. While few such residential services are situated within Vernon, they are located within close enough proximity to adequately serve potential residential development in the City. However, access to these residential services is along roadways with high levels of truck traffic, railroad crossings, and loading activities. These conditions make pedestrian access to residential service facilities difficult and unsafe, particularly for children. The City lacks any area suitable for residential development which has safe access to necessary residential services. The closest commercial corridor is Slauson Boulevard to the south which has convenience retail as well as community retail nodes located at major intersections. These commercial areas are located in the neighboring jurisdictions of Huntington Park and Maywood. Summary of Constraints to Residential Development Extensive industrial development throughout Vernon has resulted in severe environmental conditions which render virtually any site in the City unsuitable for residential development. Environmental degradation related to hazardous materials and background.contamination, noxious odors, noise pollution and truck and railroad traffic present significant land use conflicts for future residential development in the City. In addition, the lack of adequate, safe access to residential services acts to constrain housing opportunities in Vernon. Based on these significant constraints to residential development in Vernon, SCAG approved a future housing need in the City of zero for the 1989-1994 period. SELAC projections through the year 2020 continue to document zero households growth in the City. a. m - C� N m � m 3 C � tt1 y L O • U U 2 as z U ((� t a v MYF• M� R uA n n N w w b 7 October 27, 1999 G-4 TO: Bruce V. Malkenhorst, City Administrator ,,rrd FROM: Samuel "Kevin" Wilson;Director of Community Services & Water SUBJECT: REGIONAL HOUSING NEEDS ASSESSMENT The Southern California Association of Governments (SCAG) has performed the 1999 Regional Housing Needs Assessment. Their study shows that the City of Vernon has a total construction need of three units. The Community Services Department, for the past year, has continually mailed documentation to SCAG showing why Vernon should have a construction need of zero. SCAG staff has verbally agreed that Vernon's construction need should be zero. However, they have stated that they cannot change the formulas that generate the numbers without impacting other cities. They have stated that we should go through the appeals process once the housing numbers are established. Therefore, when the housing numbers are adopted by SCAG some time in November I will formally appeal on the City of Vernon's behalf. I will work with the City Attorney's office on an as needed basis in order to resolve this matter. Additionally we may need some assistance from Cotton/Beland, who performed our most recent preliminary housing element. /ps CC: City Attorney C:\My DocumentS\MEMOS\G4.doc CITY COUNCIL LEONIS C. MALBURG ' Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE V MALKENHORST CITY HALL BRUCE W. OLSON City Administrator /City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Ponce Chief FAX (323) 581-7924 TELEPHONE (323) 583-8811 FAX: (323) 583-5236 August 3, 1999 S7 Joe Carreras SCAG 818 w. Seventh Street Los Angeles, CA 90017 Dear Mr. Carreras: The City of Vernon was recently requested by Maryann Avalos of SCAG staff to review the City of Vernon's household occupancy rate in January of 1998. Our records indicate that all 31 units within the City were occupied at that time. The City of Vernon recently received its Regional Housing Needs Assessment (RHNA) preliminary numbers., The City of Vernon has continually documented the fact that Vernon is not an appropriate location for housing due to its industrial nature. The City of Vernon, as you may be aware, has numerous sites that are contaminated, a majority of the businesses store hazardous materials and generate hazardous waste, the noise level is inappropriate for housing units along with the fact that several businesses emit noxious odors. I had previously been advised by Vivian Dosh of SCAG staff that SCAG had agreed that Vernon would be assigned zero additional units. She had advised me that it was only necessary to clarify the actual number of housing units within Vernon. Please see my letter dated June 29, 1999 that clarified the number of housing units currently existing within Vernon. r Joe Carreras -2- August 3, 1999 The City of Vernon hereby protests the housing unit construction requirement of 4 units as shown in the preliminary RHNA. City staff can submit any documentation necessary to support our position and would like to meet with you as soon as possible to 'resolve this matter. Very yours, Samue vi ids ft . E . Director of Community Services & Water SKW:ps Enclosure cc: City Administrator CM COUNCIL LEONIS C. MALBURG Mayor ""HOMAS A. YBARRA Mayor Pro -Tern Wm. 'BILL" DAVIS councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX (323) 588-2761 KENNETH J. DeDARiO Director of Municipal Utilities FAX{ (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 CITY HALL BRUCE W OLSON 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief TELEPHONE (323) 583-8811 FAX (323) 583-5236 June '29, 1999 < "1 Jacob Lieb SCAG 818 W. Seventh Street Los Angeles, CA 90017 Dear Mr. Lieb: The City of Vernon was pleased to learn that SCAG has agreed with our opinion that Vernon should be assigned a zero growth rate for housing units and that this will be reflected in the Regional Housing Needs Assessment. However,we have learned that there is a misunderstanding of the number of housing units within Vernon. The City of Vernon has only 31 housing units and therefore it is quite easy for the City to track the status'of each unit. The City ascertained that the Bureau of the Census had not counted the number of units within Vernon accurately during the 1990 Census and requested that the numbers be corrected. -On June 23, 1993 the Bureau of the Census mailed an official letter to the City revising the 1990 Census Population and Housing Units. On August 6, 1993 the State of California Department of Finance sent a letter to the City stating that they had been notified by the Bureau of the Census of the revision and that the numbers would be incorporated into their data base. Enclosed for your records is the City's correspondence with the Bureau of the Census and Department of Finance. The City of Vernon is most confident that the number of housing units within Vernon is 31_ Again we are pleased that SCAG has recognized that Vernon should have a zero growth rate. -2- Please correct your housing numbers to accurately show that Vernon currently has 31 housing units. Thanking you in advance for your assistance. If you have any que tions please call me. Very y u Samu a on, P.E. Director of Community Services & Water SKW:ps Enclosure -CITY 00UNCIL LE6NIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern Wrn. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 CITY HALL BRUCE W. OLSON 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX: lice Chief 36 TELEPHONE (323) 583-8811 January 13, 2000 SCAG Regional Council Zev Yaroslvsky, President 818 West Seventh Street 12th Floor Los Angeles, CA 90017-3435 Dear President Yaroslvsky: INTRODUCTION The City of Vernon (the "City") has received the Southern California Association of Governments' ("SLAG") 1999 Draft Regional Housing Needs Assessment (the "Assessment"). The City would like to thank the SLAG Regional Council for the opportunity to reply to the Assessment. The Assessment has concluded that the City s construction need is three (3) housing units by 2005. Pursuant to Resolution No. 7470 adopted on January 4, 2000, the Vernon City Council authorized me to appeal this conclusion in the Assessment. The City's Staff has been in contact with the SCAG staff ff and Gateway Cities regarding this matter for some time. example, in 1998, the City sent Richard Powers a letter regarding the City's constraints on housing development. In that letter, the City pointed out that, due to the existing environmental constraints, the City should be assigned a zero growth rate for housing needs. The City was subsequently notified by Vivian Dosh that SLAG agreed that Vernon should be assigned a zero _growth rate. The City was advised that the Assessment would, nevertheless,' conclude theneedfor three housing units. Although SCAG staff agreed with the City, they advised that the City would be able to have this conclusion changed through the formal appeals process. SCAG Regional Council January 13, 2000 Page 2 STANDARDS FOR APPEAL The appeals process is reviewed in the Assessment. According to the Assessment, within 90 days following a determination of the region's existing and projected housing needs by the SCAG Regional Council, a city within the subregion may request that the SCAG Regional Council redetermine the City's share of housing need consistent with the considerations set forth in Government Code Section 65584(a). Such a request may be submitted by the City Administrator or the Mayor before February 2, 2000. Government Code S 65584(a) provides that: "The distribution of regional housing needs shall, based upon available data, take into consideration market demand for housing, employment opportunities, the availability of suitable sites and public facilities, commuting patterns, type and tenure of housing needs It Subdivision (d)(1) of Section 65584(a) provides that: "An ordinance, policy, or standard of a city or county that directly limits, by number, the building permits that may be issued for residential construction, or limits for a set period of time the number of buildable lots that may be developed for residential purposes, shall not be a justification for a determination or a reduction in the share of a city or county of the regional housing needs." The City of Vernon has not adopted ordinances or policies designed to limit the development of housing within its boundaries. Nevertheless, as discussed herein, the development of the City as an exclusively industrial city has resulted in the unavailability of suitable sites. CONSTRAINTS ON RESIDENTIAL DEVELOPMENT Vernon is an exclusively industrial city. The extensive industrial development throughout the City has resulted in severe environmental conditions which render virtually any available site in the City unsuitable for residential development. The noise, dust, vibration and toxic or chemical wastes and odors from local industry (many of which operate around the clock) serve as a deterrent to housing development in the City; moreover, housing should not be encouraged in close proximity to heavy industry for SCAG Regional Council January 13, 2000 Page 3 health and safety reasons. Pollution and truck and railroad traffic also present significant land use conflicts for future residential development in the City. The lack of adequate, safe access to residential services also acts to constrain housing opportunities in Vernon. The City of Vernon General Plan, which was adopted in 1989 and revised in 1992, includes a housing element which reflects the unique realities in Vernon. The housing element concludes that 11 . . residential development is unlikely in Vernon due to the City's pervasive industrial character . . . " The basis for this conclusion was two fold. First, SCAG's 1988 Revised Regional Housing Needs Assessment recognized Vernon's uniqueness and limited opportunities for housing and projected a local and regional housing need of zero percent for the City. Second, on August 30, 1988, Agajanian & Associates prepared a Housing Feasibility Analysis (the "Feasibility Study") for the City which identified only very limited opportunities for residential development in the short run and the long term future. The basis for this conclusion was that: 1. The City is developed as an industrial city, which did not and does not preclude residential development. However, the industrial uses over time have gradually reduced the amount of residential use and additional residential development has not occurred. 2. The adjacent local housing market currently provides more than enough affordable housing to accommodate the needs of Vernon workers. 3. The available sites for short and long term residential development in the City are too costly for unassisted development, too environmentally impacted for safe residential habitation, and unable to be competitively marketed. (Feasibility Study, pp. 1-2.) In 1996, a City Housing Element Study was prepared by Cotton Beland and Associates. The Housing Element Study concluded "Although Although the current inventory of unimproved or under- utilized sites identified twenty-eight (28) sites, serious environmental conditions render these sites unsuitable for residential development." (§ 2..2) The environmental factors affecting potential residential development are related to hazardous material storage and processing, background t t : SCAG Regional Council January 13, 2000 Page 4 contamination, noxious odors, noise pollution, and truck and railroad traffic generated by the city's pervasive industrial land uses. Vernon"s history as an industrial city and a prolonged industrial use is reflected in the following conditions: • A high concentration of both underground and above ground hazardous material storage tanks throughout the City. • Numerous underground pipelines throughout the City,` many carrying potentially explosive materials. • Residual soil contamination resulting from prior manufacturing activities on the site and from previously abandoned chemical waste open disposal pits, aeration ponds, landfills or petroleum related activities. Twenty sites are on the State Hazardous Waste Superfund List, with one additional site on the Federal Hazardous Waste Superfund List. • Approximately 137 miles of railroad track historically treated with herbicides for weed control. Right-of- ways show patterns of contamination from spilling, overfilling or transfer of chemicals. • Six California EPA -Permitted hazardous or infectious waste treatment, storage and disposal facilities. • Ten closed landfill sites. (Housing Element, S 2.2.) Figure H-2 depicts all the hazardous material sites in the City; currently there are 548 sites in the City with hazardous materials permits. The Housing Element Study determined that, due to public health concerns, any available sites in the City would be unsuitable for future sensitive land use such as housing. (Zd_• at S 2.2) The Housing Element concludes that: "In summary, Vernon's prolonged history as an industrial City has resulted in significant background contamination. Industrial uses which store or use hazardous materials are pervasive throughout the City. These conditions make Vernon a highly unsuitable environment for sensitive land uses such as housing." SCAG Regional Council - January 13, 2000 Page 5 As should be expected in a highly industrial city, Vernon is also exposed to high levels of noise emanating from stationery industrial activity as well as from trucks, automobiles and railroad operations. The Housing Element Study concluded that "a_ large portion of the City falls within the Noise Referral Zone, and is thereby only marginally acceptable for sensitive uses such as housing." Figure H-3 details the noise contours throughout the City. Truck and railroad traffic is also a significant impediment to the development of additional housing in the City. Vernon is traversed by approximately 137 miles of railroad tracks, with approximately 114 at -grade and one grade - separated railroad crossings. Truck traffic is extremely heavy, comprising nearly one-third of all traffic in the City. These conditions not only contribute to the excessive noise levels, but also create safety hazards for pedestrians, particularly a problem for the elderly, handicapped individuals and families with children. Figure H-4 details the major transportation corridors that make it difficult and dangerous for pedestrian traffic and residential services. Based on these significant constraints to residential development in Vernon, in 1988 SCAG approved a future housing need` in the City of zero for 1989-1994. SELAC projections through the year 2020 documented zero household growth in the City. CONCLUSION The City of Vernon's industrial development has benefitted surrounding residential communities, which constitute one of the poorest areas in the County of Los Angeles, by providing various job opportunities. Vernon has not adopted policies. designed to limit housing. Nevertheless, as demonstrated herein, Vernon's industrial character has resulted in a situation which makes it difficult to develop further residential housing. A copy of supporting, documentation and/or studies will be provided upon request. SCAG staff and Gateway Cities' staff have agreed that Vernon's housing requirement through the year 2005 should be zero. To conclude otherwise would mean that housing would need to, be developed in areas with extremely problematic environmental conditions. Such development would be extremely costly and potentially hazardous to the occupants of such residential units. Further, once built, the other factors identified above, such as SCAG Regional Council January 13, 2000 Page 6 noxious odors, noise, railroad and truck traffic would make such housing units extremely undesirable. For all of the reasons stated' herein, the Assessment's housing requirement should be revised to indicate the development of zero housing units by the City of Vernon through the year 2005. The City of Vernon thanks the SCAG Regional Council for the opportunity to provide this important information. if youhave u any questions, or if additional information is required, y y contact the City's Director of Community Services and Water, Kevin Wilson at (323) 583-8811 ext. 245. Very truly ��Z�L yours, /,f ' i Bruce Malkenhorst City Administrator for the CITY OF VERNON BM: cc: Mr. Joe Carrera, Manager, SCAG Ms. Marian Avalos, Associate Planner, SCAG v«OWscAo.00, APPEAL • • a • • ' NAME OF JURISDICTION city of Vernon DATE January 12, 2000 CONTACT PERSON NAME Kevin Wilson PHONE 323 583-8811 ADDRESS 4305 Santa Fe Avenue FAX 323 588-2761 Vernon, CA. 90058 E-MAIL KWilson@ci.vernon.ca.us APPEAL AUTHORIZED BY: PLEASE CIRCLE Chief Chair of Administrative County Officer City Board of Name: Bruce Malkenhorst Mayor (County) upervisors Other BASIS • ' APPEAL Construction Need Adopted RHNA change Requested HHD Growth 98 Households 31 No Chamge 05 Households 34 Growth 3 0. Explain basis for change (Brief) Zero housing growth, consistant w/ 1989-94 RHNA, due to Environmental Constraints within the Vacancy Need 0 No change city Explain basis for change (Brief) Replacement Need 0 No change Explain basis for change (Brief) Other Explain basis for change (Brief) Existing Need No breakdown was provided for the following items: 1998 Households w/ Housing Problems 0 no change 1998 Lower Income Households w/ Housing Problems 0 no change 1998 Lower Income Households w/ Overpayment 0 no_-hange 1998 Lower Income Households w/ Overcrowding 0 no change Explanation (Brief) No breakdown was provided for the Other city & no c ange is requested Explanation (Brief) No breakdown was provided for the City & no change is requested 2.2 Constraints on Housing Development, Governmental The City's zoning ordinance imposes some constraints on Constraints housing. However, new residential development is permitted anywhere in the City. Because of the industrial nature of the City, health and safety codes may also constrain housing location or siting. New attached and detached residential units are permitted throughout the General •Industry and Commercial -Industrial zones. Residential dwelling unit standards for single family detached units include 5,000 square foot minimum lot size, maximum two stories or 35 feet in height, and a one -car garage minimum per dwelling unit Standards for multiple -family units include minimum 4,000 square foot lot size per dwelling, maximum throe stories or 45 feet in height, and at least one garage space per dwelling unit plus additional parking at one space for each two units. Residential uses are required to be equipped with air conditioning and sound insulation to protect residents from exposure to adverse environmental conditions. New housing is permitted in the Heavy Industry zone as a conditional use, subject to more stringent standards to ensure land use compatibility. The zoning ordinance permits a temporary residential unit (not to exceed 180 days) related to construction upon the same lot, and in addition allows an attached residential unit on the premises of a non-residential use, business, plant or facility to house an owner, caretaker, guard or night watchman. While Vernon seeks to retain its industrial orientation, it specifically permits residential uses in the City. The City,s permit processing fees and procedures do not unreasonably constrain residential development. Fees are comparable to those within the region, and have been set at a level necessary to cover the costs to the City. Non- In Vernon, there is vrrtuaUy no land available which would be governmental suitable for the development of housing. Although the current Constraints to inventory of unimproved or underutilized sites identified 28 Housing sites, serious environmental conditions render these sites unsuitable for residential development Selected sites are discussed in detail in Section 2.3. Environmental factors affecting potential residential development are related to hazardous materials storage and processing, background contamination, noxious odors, noise pollution, and truck and railroad traffic generated by the City's pervasive industrial land uses. Inadequate access to residential services is an additional constraint to residential development in the City. These factors which tend to preclude the use of land for residential purposes in Vernon must be considered in establishing where housing might be located in the City. Hazardous Materials nth a history as an industrial City, Vernon's heavy and prolonged industrial use is reflected in the following conditions (refer to Figure H 2): • A high concentration of both underground and above ground hazardous material storage tanks throughout the City. • Numerous underground pipelines throughout the City, many carrying potentially explosive materials. • Residual soil contamination . resulting from prior manufacturing activities on the site and from previously abandoned chemical waste open disposal pits, aeration ponds, landfills or petroleum related activities. (A high lead content in the soil is common.) Twenty sites are on the State hazardous waste Superfund List, with one additional site on the Federal hazardous waste SuperfUnd List • Approximately 137 miles of railroad track historically treated with herbicides for weed control Right -of ways show patterns of contamination from spilling; overfilling or transfer of chemicals. • Five California EPA permitted hazardous waste treatment, storage and disposal facilities. Ten closed landfill sites. Overfilling storage tanks, leaking pipes and leaking tanks have resulted in residual ' soil contamination in Vernon. Sixteen sites have been declared Proposition 65 sites (determined by laboratory tests to have excessive chemical contamination). Remediation plans are required to decontaminate the soil. Due to high background and other petroleum contamination and lack of feasible clean-up options, several sites were remediated with covenants being recorded to advise future purchasers of the presence of contamination, and due to public health concerns, these sites would be unsuitable for fure sensitive land uses such as housing. Due to the high concentration of underground storage tanks in Vernon, (98 businesses cx=cntly store hazardous materials in the City), there is significant potential for chemical spills or accidents. The City's Underground Tank Program has resulted in the removal of 909 tanks on 311 sites since May 1984. Additionally, where structures were threatened by tank removal, 59 underground tanks were filled in place. Even where these chemical storage tanks have been removed or filled, there is the potential -for residual contamination from the overfilling of tanks during their usage. The City is currently in the process of identifying additional sites with soil contamination problems. Another component of hazardous materials control in Vernon is the "right to know" program. All businesses in the City are required to submit inventories of all hazardous materials used or stored. Businesses are then classified as A, B, or C depending on the volume of chemicals handled. According to the City's record of businesses with hazardous materials permits, as of June 1995 Vernon bad 81 Class A bins, handling less than 220 pounds of hazardous materials per month, 242 Class B businesses which handle between 220 and 2,200 pounds, and 402 Class C businesses which handle over 2,200 pounds of hazardous materials on a monthly basks. The number of "Class B" and "Gass C" businesses has incxrased sharply since 1989. City officials believe that this is due primarily to higher public awareness of toxic hazard and more complete reporting of chemical usage. The risk of upset from businesses handling such high volumes of chemicals, many of which are toxic, is a factor which must be considered in land use planning. Figure H 2 indicates the location of Class C Hazardous Material Storage Sites in Vernon. The locations of businesses throughout the community with underground storage tanks and/or use or storage of chemical materials indicate that the entire City is subject to chemical spills or accidents, thereby illustrating its inappropriateness for future residential development. In summary, Vernon's prolonged history as an industrial City has resulted in significant background contamination. Industrial uses which store or use hazardous materials are pervasive throughout the City. These conditions make. Vernon a highly unsuitable environment for sensitive land uses such as housing. Noxious Odors Vernon has numerous industries which generate noxious Odors, primarily related to the slaughtering and rendering of animals. Overlay districts have been designated in the City's Proposed General Plan in attempts to isolate the locations of offensive industrial uses responsible for excessive noise and odors. These overlay districts include a "Slaughtering Over- lay" for uses which involve the slaughtering of annuals, and a -Rendering Overlay" for the location of rendering facilities, fertilizer facilities,' junk yards These uses generate significant adverse effects related to odor and noise, making residential land uses highly incompatible. within their vicinity. Noise As could be expected in a highly industrial city, Vernon is oWsed to high levels of noise enoM&9 from stationary industrial activity, as well as from trucks, automobiles, and railroad operations. Numerous companies in the City operate equipment, such as large presses and pumps, which 'produce excessive vibrations and generate noise well beyond the level of acceptability for noise -Sensitive laud uses within the vicinity. Arterial roadways in Vernon have a very high proportion of truck traffic (approximately. 30'/0), thereby in- tensifying noise levels surrounding the Crty's roadways. In addition, four main railroad lines and a number of switching operations pass through the City, generating sigaific W levels of noise. Figure 13-3 derived from the Noise Element presents noise contours developed for Vernon in 1986; existing conditions are virtually the same. The 60 dB CNEL contour and higher represents' the Noise Referral Zone adopted by the City for which any proposed land use within the zone shall be evaluated on a project specific basis. The City's policy is that a residential development in areas between 60 and 65 CNEL should be undertaken only after detailed analysis of the noise reduction requirements are made and necessary noise insulation features in the proje Ws design are determined In areas where noise levels exceed 70 CNEL (those areas bordered on more than one side by 65 CNEL contours), residential development should be discouraged. As evidenced by the contour map, a large portion of the City falls within the Noise Referral Zone, and is thereby only marginally acceptable for sensitive land uses such as housing. The noise contours are based on roadway traffic, and do not account for stationary noise sources. The probability is that areas mappexl as being outside the 60 dB CNEL may in fact experience excessive noise levels from intermittent or other sources. Truck and Railroad Traffic The City of Vernon is traversed by approximately 137 miles of railroad tracks, with approximately 114 at grade and one grade -separated railroad crossings. As previously mentioned, truck traffic is extremely heavy, comprising nearly one-third of all traffic in the City. These conditions not only contribute to excessive noise levels, but also create safety hazards for pedestrians, particularly a problem for the elderly, handicapped individuals and families with children. Although the planned construction of the Alameda Corridor will consolidate rail traffic between the Ports of Los Angeles and Long Beach and downtown Los Angeles, no plans have been announced to vacate existing mainline railroads. Some spur tracks will be eliminated, but will be replaced by trunk transportation. Figure H-4 indicates the principal transportation elements which contribute to noise and pollution in the City of Vernon: the Long Beach Freeway, arterial roadways, collector streets and mainline railroads. Residential Service Adequacy Residential development requires the provision of services to meet the needs of the resident population. Services provided at the municipal level include education, recreation, and local retail goods and services. While few such residential services are situated within Vernon, they are located within close enough proximity to adequately serve potential residential development in the City. However, access to these residential services is along roadways with high levels of truck traffic, railroad crossings, and loading activities. These conditions make pedestrian access to residential service facilities difficult and unsafe, particularly for children. The City lacks any area suitable for residential development which has safe access to necessary residential services. The closest commercial corridor is Slauson Boulevard to the south which has convenience retail as well as community retail nodes located at major intersections. These commercial areas are located in the neighboring jurisdictions of Huntington Park and Maywood. Summary of Constraints to Residential Development Extensive industrial development throughout Vernon has resulted in severe environmental conditions which render virtually any site in the City unsuitable for residential development. Environmental degradation related to hazardous materials and background.contamination, noxious odors, noise Pollution and truck and railroad traffic present significant land use conflicts for future residential development in the City. In addition, the lack of adequate, safe access to residential services acts to constrain housing opportunities in Vernon - Based on these significant constraints to residential development in Vernon, SCAG approved a future housing need in the City of zero for the 1989-1994 period. SELAC projections through the year 2020 continue to document zero households growth in the City. rr t cn cs 3 a ��aao�eot.oa�$' mow.... «. '�O.� D O U 0 0co- ,o m 4 e It CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem Wm. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 9005 TELEPHONE (323) 583-8811 March 8, 2000 Southern California Association of Governments 818 W. 7th Street Los Angeles, CA 90017-3435 RE: Regional Housing Needs Assessment Appeal Gentlemen: ��Yfo DAVID B. BREARLEY City Attorney FAX: (626) 330-5818 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583-1983 DAVE TELFORD Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON 8 Police Chief FAX: (323) 583-5236 Please be advised that Kevin Wilson, Director of Community Services & Water, and Mr. Eduardo Olivo, City Attorney, are authorized to represent the city in connection with the City of Vernon's appeal on the Draft Regional Housing Needs Assessment. This authorization applies to the "Meet and Confer" meeting to take place on Monday, March 13, 2000, as well as all matters related to the city's appeal. Very truly yours, CITY OF VERNON v. r ce V. Malkenh r"st-e-�4 City Administrator BVM/gjo Director o ty Services City Attorney March 8, 2000 TO: Gloria Orosco, Chief Deput City Clerk $A ; FROM: Samuel Kevin Wilson, Director of Community Services & Water SUBJECT: SCAG Eddie Olivo and I will be attending the meeting and conference being held by SCAG on March 13, 2000 to discuss the City of Vernon's housing needs. I understand the City Administrator is out of town, however I need a letter from the City Administrator advising that I have been given authority to enter into a consensus. The bottom line is that unless the City is given a zero housing need, there will be no consensus between Vernon and SCAG. I only received the fax requiring the letter on March 7, 2000. Is it possible to get such a letter? SKW:ps Attachment C:\My Documents\MEMOS\gloria.doc $' K _> 513[r�761 Kevin Wilson 31a7188 89:34:11 w-�-m 18263482ie; 03/06/00 2:31P1�;#105; by: Gateway Cities r A GROUND RULES FOR APPEALS — MANDATORY �RCR QQO CONFER" 1JTMEap CAUf01;N1A FEBRUAR ►SSOCiATtON of iOVERNMENTS page tug Page 2/i1 6 ti P� i a I, PURPOSE The and confer" (as required by Article V of the Agreement between SCAG and the. subregion for delegation of responsibilities ns of resolving disputes over needs assessment) is designated to provide proposed housing needs allocations without resource to formal administrative appeals or to litigation. Main Offike II. PARTICIPANTS it8 west Seventh street to all jurisdictions in a subregion that may be affected by inh AWC Notice will be given allocation that is in dispute. All impacted parties are L,s AWW., CBWOMia a change in the proposed to attend the "meet and confer" session. 9oo=7•3435 required to send a representative that could be impacted by the decision reached are r t2%0 2 *15t5 All parties potentially invited and encouraged to attend the "meet and confer". for a limited amount of Interested parties may also attend and participate be a part of the consensus. time in the "meet and confer" but will not by a member of the �.w. - -^•� ,..Y.rww�►Y • If SCAG is a party, there SCAG will be represented .ye. ,d.•Y • .yr YW YM� y�r �e M..yNn. iq W Lr WnMuw ���Lrw..+r ADR Committee. to legal and technical «.1Yrsl+ri.�=rW•'r A SCAG staff member will be available provide .> assistance. ROLE. OF PARTICIPANTS " ".w'" '' .,. w. • ants should be prepare d to resent alternative data at t'lte "meet and .png y„•, , . ,,o, �.. �. ..✓.w wr..A • tnr Iw•YM 4r A"µd" . :„,,,,,, � ►,- �.«- • *� .,•° The Porte et concerning confer" which would support their .requested changes. Wti found in the guidelines n the Draft • "•`�-" *,*,L" • " `." the process for resolving issues can be booklet, which should be "` "'""" "'"'`' Regional dousing Needs Parties Assessment have the authority to. enter • ""'� ° ' ' "" consulted before the appeal. A representative must ........w..>•,�.,�• H4W. ..e•wtai...�rw.. • ►�. � wd,� ..�. - into cortsensu ., �.. �., �,.,,,,. ,.- .�.. • H,. DIY. SIY.ECTION OF MEIIIATOR availability will be provided • A roster of neutrals with their Qualifications and w.�I C� lhtA.• i.r.8. aM..ry{. Cdwr for the consideration of each of the affected subregions. wH..�, yYn. s•1cd - x.e.►wrt a...+t. t.v a+et'e.Mt for mediator or indicate if MY r....w -Ar OJc... N.a. • alwkr Parties may indicate a preference a �. r„.n due to bias). Mediator would be inappropriate (..e- d SCAG staff will select a mediator based »-+�•.•-'"' ""'""" '""" ,,� r...... ...�w•w< parties have no reference, • If the parti p ons. considerati •, �..�.,,«.. on qualifications, availability and geographical the legal..issues which. -„-�,.;�,•�",'°",`""`H""•r `"W�r�` "" H Mediators must be familiar with and understand they are facilitating. -,,. M..•'" .'"°. • are the bases for the meet and confer read the draft RiINp► • • Mediators should visit the R.HN A website and ..ru P....., 7w �...+wur.. • Awb- .•w Kr. booklet.