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Resolution No. 2010-185RESOLUTION NO. 2010-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW (HEALTH & SAFETY CODE §33200, ET. SEQ.) WHEREAS, on March 1, 2010, the Redevelopment Agency of the City of Vernon adopted its Redevelopment Implementation Plan for the years 2010-2014; and WHEREAS, it appears that the City of Vernon is not deficient in the number of lawful units of low and moderate housing required under State law; and WHEREAS, certain residents have occupied unsafe and unsanitary premises under code violations, but pursuant to a court order in Los Angeles Superior Court Action No. BS101423; and WHEREAS, an unknown number of persons, of which not less than ten persons are presently registered to vote, may be residing at in such premises; and WHEREAS, the Vernon Redevelopment Agency currently has surplus of monies required by law to be utilized in furtherance of satisfying enforcing the community's low and moderate housing needs; and WHEREAS, the Vernon Redevelopment Agency will continue to receive tax increment on an annual basis, which by law must be. utilized in the improvement and maintenance of lawful low and moderate housing existing within the community; and WHEREAS, a Housing Authority already exists within the community by way of State. Legislative enactment; and WHEREAS, State Law provides the Housing Authority with jurisdiction within the entire City of Vernon, and beyond; and WHEREAS, the Housing Authority, once established, will have powers to implement the provisions of the Redevelopment Plan, as to its housing element, and may contract with the City, the Vernon Redevelopment Agency, and other public and private entities for the providing of this function. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: .SECTION 1: The City Council of the City of Vernon does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon finds that the most effective and efficient way to insure State low and moderate housing mandates is to utilize the provisions and powers of a Housing Authority. SECTION 3: The City Council of the City of Vernon hereby declares that there is a legitimate function and purpose for a Housing Authority to be established in the City of Vernon, to provide for improvement and maintenance of lawful existing, low and moderate housing stock for residents of the community. SECTION 4: The Vernon Housing Authority is hereby established, and is authorized to transact business and to exercise all of the powers provided it under State Law, pursuant to Chapter 1, Part 2, Division 24, of the Health & Safety Code of the State of California, sections 34200, et seq., known as the Housing Authorities Law, and any and all other laws that may be utilized in furtherance of the performance of the functions of the Vernon Housing Authority. 2 SECTION 5: Pursuant to Health & Safety Code §34290, the City Council of the City of Vernon declares itself to constitute the Commissioners of the Vernon Housing Authority, with all the rights, powers, duties, privileges and immunities vested in the members of the City Council of the City of Vernon, while serving as Commissioners of the Vernon Housing Authority, as provided in the Housing Authorities Law. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this Resolution, and the City Clerk of the City of Vernon shall cause this Resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of December, 2010. Name: Hilario Gonzales Title: Mayor Al and GZaIag6jci, City Clerk 3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-185, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, December 6, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this /P day of December, 2010, at Vernon, California. (SEAL) Willard G. m guc ', City Clerk -4_ CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: December 13, 2010 TO: Mike Montgomery, RDA Executive Director/Legal Counsel Mark Whitworth, City Administrator/Fire Chief FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2010-185 — A Resolution of the City Council of the City of Vernon Establishing a Housing Authority in Accordance with the California Housing Authorities Law (Health & Safety Code §33200, ET. SEQ.) Transmitted herewith is a copy of Resolution No. 2010-185 referenced above, which was approved by the City Council on December 6, 2010. Thank you. WY:dj Attachment c: Resolution No. 2010-185 STAFF REPORT REDEVELOPMENT AGENCY DATE: December 1, 2010' TO: Honorable Chair and Board Members FROM: Mike Montgomery, Executive Director RE: California Housing Authority On March 1 2010 the Redevelopment Agency of the City of Vernon adopted its Redevelopment Implementation Plan for years 2010 — 2014. While the City of Vernon is not deficient in the number of lawful units of low and moderate housing required under' State law, certain persons have occupied unsafe and unsanitary premises under code violations, but pursuant to a court order in Los Angeles Superior Court Action No. BS101423. While many have apparently moved away, including an unknown number of persons, ten persons presently registered to vote, may still be residing in such premises. The Vernon Redevelopment Agency currently has surplus of monies required by law to be utilized in furtherance of satisfying enforcing the community's low and moderate housing needs and requirements. The Agency will continue to receive tax increment on an annual basis, which by law must be utilized in the improvement and maintenance of lawful low and moderate housing existing within the community. Housing Authorities already exist within the community by way of State Legislative enactment, and the Housing Authority, once established, will have powers to implement the provisions of the Redevelopment Plan, as to its housing element, and may contract with the City, the Vernon Redevelopment Agency, and other public and private entities, for the providing of this function. The City Council of the City of Vernon will constitute the Commissioners of the Vernon Housing Authority. Recommendation: Approve the attached resolution establishing a Housing Authority. If approved, proposed by-laws and related documents will be provided at the January meeting. MM:va CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Willard Yamaguchi, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: Resolution No. 2010-185 - A Resolution of the City Council of the City of Vernon Establishing a Housing Authority in Accordance with the California Housing Authorities Law (Health & Safety Code §33200, ET. SEQ.) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this day of January 2011. SEAL: Wfllard G. - agfc i City Clerk SUPPORTING DOCUMENTS RESOLUTION NO. 2016-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ABOLISHING THE VERNON HOUSING AUTHORITY WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on December 6, 2010, the City Council of the City of Vernon adopted Resolution No. 2010-185 establishing a Housing Authority (the "VHA") in accordance with the California Housing Authorities Law (Health & Safety Code §33200, et. seq.); and WHEREAS, the VHA was established to implement the housing element of the Redevelopment Implementation Plan covering the period 2010 - 2014; and WHEREAS, currently all City -owned housing issues are vetted through the Vernon Housing Commission (the "VHC"), and abolishing the VHA will have no impact on the VHC; and WHEREAS, by memorandum dated June 21, 2016, the City Clerk has recommended that the VHA be abolished since the VHA has no present purpose; and WHEREAS, the City Council of the City of Vernon desires to abolish the VHA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this 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 section 15378. SECTION 3: The Vernon Housing Authority is hereby abolished. SECTION 4: Any resolution or parts of a resolution in conflict with this Resolution are hereby repealed. SECTION 5: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 21st day of June, 2016. Name: William J. Davis Title: Mayor ATTEST: r Maria Ayala City Clerk / APPROVED AS TO FORM: i Zayn�3 Moussa, Senior Deputy City Attorney - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala, City Clerk / 4�epitT ri�-�� k of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-34, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 21, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2j�day of June, 2016, at Vernon, California. (SEAL) - 3 - Ma is E . A la City Clerk / DP�t=}le-czk_> RECEIVED JUN 15 2016 CITY CLERK'S OFFICE STAFF REPORT CITY CLERK DEPARTMENT DATE: June 21, 2016 TO: Honorable Mayor and City Council FROM: Maria E. Ayala, City Clerk RE: Abolishment of Vernon Housing Authority Recommendation ,J�d I - RECEIVED JUN 15 2015 CITY ADMINISTRATION A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. B. Adopt resolution abolishing the Vernon Housing Authority. Background On January 19, 2016, a presentation was brought before Council with the purpose of familiarizing Council with the functions of the various Vernon City Council appointed governing bodies — commissions and committees. At present the City operates the following governing bodies: 1. Green Vernon Commission 2. Business & Industry Commission 3. Vernon CommUNITY Fund Grant Committee 4. Vernon Housing Commission 5. Vernon Housing Authority 6. Public Benefits Resource Committee 7. Industrial Development Authority 8. Vernon Historic Preservation Society 9. Library Board of Trustees Staff conducted a thorough research of each entity. The research included reviewing the following from the inception of the various governing bodies: resolutions, public meeting agendas and minutes, and City Municipal Code. After reviewing the information, staff determined that three (3) of the governing bodies, Vernon Housing Authority (VHA), Public Benefits Resource Page 1 of 3 Committee, and the Industrial Development Authority, were inactive and dormant in nature with no business being presented before those bodies. In further dialogue with various staff members, it was concluded that other governing bodies had been established more recently that were addressing some of the items that would have otherwise been brought to these aforementioned bodies, thereby making these older entities no longer necessary and obsolete. The proposal to abolish the three specific bodies is going to be presented to Council in the form of three separate staff reports. The rationale behind this being that two of the governing bodies will require a change to our City's municipal code via ordinance; and, thus, require a first reading, with a second reading and adoption to follow at a subsequent Council Meeting. The third governing body, VHA, was established via a resolution and does not necessitate that the recommended action be presented for first, and second reading, etc. Vernon Housing Authority (VHA) The VHA is not a governing body that is cited in the City's Municipal Code. It was established in 2010 via Resolution No. 2010-185. The original purpose of the VHA was to implement the housing element of the Redevelopment Implementation Plan covering the period 2010 — 2014. At present, the VHA is dormant and its original intended purpose no longer applies to the City. In light of the foregoing, Staff recommends that the VHA be abolished. If in the future a need for a housing authority once again becomes necessary/appropriate, the City can establish a new housing authority that is appropriate for the then current needs of the City and structured in a way that is most responsive to the City's then current needs. Separate from the VHA, in 2011, according to the VHA meeting Minutes, the City's General Counsel recommended that an independent body (not the City Council) be appointed to have oversight over any city -owned housing issues. As a result, Council appointed the Vernon Housing Commission (VHC), a 7-member body. Consequently, the VHC also has independent legal counsel. All city -owned housing issues are currently vetted through the VHC. Depending on the subject matter encompassed within the VHC's jurisdiction, the VHC may act independently of the City Council (for example, setting market -rate rents), and/or it may make recommendations to the City Council (for example, sale of the Huntington Park housing units; repair and/or rehabilitation of housing units), and/or it may provide directives and feedback to staff on a variety of issues and/or topics brought before them. Since the VHC is a creation of the City Council, the City Council retains the ultimate authority over items related to city -owned housing. Because the VHA has no present purpose, Staff recommends the adoption of the proposed resolution abolishing the VHA. Should the City Council abolish the VHA, this will have no impact on the VHC, which is a separate body with a separate purpose. Fiscal Impact There is no fiscal impact for the abolishment of the Vernon Housing Authority. Page 2 of 3 Attachment(s) - Draft Resolution to abolish VHA - Resolution No. 2010-185, A Resolution of the City Council of the City of Vernon Establishing a Housing Authority in Accordance with the California Housing Authorities Law (Health & Safety Code §33200, ET. SEQ.) Page 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ABOLISHING THE VERNON HOUSING AUTHORITY WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on December 6, 2010, the City Council of the City of Vernon adopted Resolution No. 2010-185 establishing a Housing Authority (the "VHA") in accordance with the California Housing Authorities Law (Health & Safety Code §33200, et. seq.); and WHEREAS, the VHA was established to implement the housing element of the Redevelopment Implementation Plan covering the period 2010 - 2014; and WHEREAS, currently all City -owned housing issues are vetted through the Vernon Housing Commission (the "VHC"), and abolishing the VHA will have no impact on the VHC; and WHEREAS, by memorandum dated June 21, 2016, the City Clerk has recommended that the VHA be abolished since the VHA has no present purpose; and WHEREAS, the City Council of the City of Vernon desires to abolish the VHA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this 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 section 15378. abolished. SECTION 3: The Vernon Housing Authority is hereby SECTION 4: Any resolution or parts of a resolution in conflict with this Resolution are hereby repealed. SECTION 5: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 21St day of June, 2016. Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zayn�a4 Moussa, Senior Deputy City Attorney - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 21, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of June, 2016, at Vernon, California. (SEAL) - 3 - City Clerk / Deputy City Clerk RESOLUTION NO. 2010-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING A HOUSING AUTHORITY IN ACCORDANCE WITH THE CALIFORNIA HOUSING AUTHORITIES LAW (HEALTH & SAFETY CODE §33200, ET. SEQ.) WHEREAS, on March 1, 2010, the Redevelopment Agency of the City of Vernon adopted its Redevelopment Implementation Plan for the years 2010-2014; and WHEREAS, it appears that the City of Vernon is not deficient in the number of lawful units of low and moderate housing required under State law; and WHEREAS, certain residents have occupied unsafe and unsanitary premises under code violations, but pursuant to a court order in Los Angeles Superior Court Action No. BS101423; and WHEREAS, an unknown number of persons, of which not less than ten persons are presently registered to vote, may be residing at in such premises; and WHEREAS, the Vernon Redevelopment Agency currently has surplus of monies required by law to be utilized in furtherance of satisfying enforcing the community's low and moderate housing needs; and WHEREAS, the Vernon Redevelopment Agency will continue to receive tax increment on an annual basis, which by law must be utilized in the improvement and maintenance of lawful low and moderate housing existing within the community; and WHEREAS, a Housing Authority already exists within the community by way of State Legislative enactment; and WHEREAS, State Law provides the Housing Authority with jurisdiction within the entire City of Vernon, and beyond; and WHEREAS, the Housing Authority, once established, will have powers to implement the provisions of the Redevelopment Plan, as to its housing element, and may contract with the City, the Vernon Redevelopment Agency, and other public and private entities for the providing of this function. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: .SECTION 1: The City Council of the City of Vernon does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon finds that the most effective and efficient way to insure State low and moderate housing mandates is to utilize the provisions and powers of a Housing Authority. SECTION 3: The City Council of the City of Vernon hereby declares that there is a legitimate function and purpose for a Housing Authority to be established in the City of Vernon, to provide for improvement and maintenance of lawful existing, low and moderate housing stock for residents of the community. SECTION 4: The Vernon Housing Authority is hereby established, and is authorized to transact business and to exercise all of the powers provided it under State Law, pursuant to Chapter 1, Part 2, Division 24, of the Health & Safety Code of the State of California, sections 34200, et seq., known as the Housing Authorities Law, and any and all other laws that may be utilized in furtherance of the performance of the functions of the Vernon Housing Authority. E SECTION 5: Pursuant to Health & Safety Code §34290, the City Council of the City of Vernon declares itself to constitute the Commissioners of the Vernon Housing Authority, with all the rights, powers, duties, privileges and immunities vested in the members of the City Council of the City of Vernon, while serving as Commissioners of the Vernon Housing Authority, as provided in the Housing Authorities Law. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this Resolution, and the City Clerk of the City of Vernon shall cause this Resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of December, 2010. Name: Hilario Gonzales Title: Mayor ATT T : ----- Wil and Gag . a i, City Clerk 3 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-185, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Monday, December 6, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of December, 2010, at Vernon, California. W-Illard G. r gu ', City Clerk (SEAL) -4