Loading...
CHC 10-09-03 MINUTES OF THE REGULAR MEETING OF THE CUPERTINO HOUSING COMMISSION October 9, 2003 CALL TO ORDER Chairperson Abdalah called meeting to order at 6:33 p.m. Members Present: Richard Abdalah, Julia Abdala, Sarah Hathaway-Feit, Mahesh Nihalani Members Absent: Frances Seward Planning Commissioner Present: None Staff Present: Vera Gil Written Communications: None Oral Communications: None Approval of Action Minutes: July 10, 2003 minutes Action: Approve July 10, 2003 minutes. Motion made by Commissioner Nihalani; seconded by Commissioner Hathaway-Felt Vote: Ayes: Abdala, Abdalah, Hathaway-Feit and Nihalani Noes: None UNFINISHED BUSINESS: None NEW BUSINESS: 1. Review of anonymous complaint regarding Cupertino Community Services (CCS) and the administration of the Below Market Rate (BMR) Program. The Housing Commission reviewed two complaints received regarding the administration of the BMR program by CCS. One of the complaints was an anonymous letter and staff was unable to discuss the issue with the complainant. The second complaint was not anonymous and staff was able to meet with the complainant and respond to her concerns in writing. Both CCS and the City of Cupertino were able to offer the second complainant assurance that changes in the way CCS screens applicants would occur so that applications are reviewed promptly. Both complaints and any City response to these complaints have been attached to these minutes. After reviewing and discussing the two complaints, the Housing Commission made the following observations and recommendations. Observations: Security is an issue with the anonymous complaint. It is apparent that someone that has access to CCS's employee information or BMR records is providing the information to the complainant. Minutes of the Cupertino Housing Commission Page 2 October 9, 2003 The anonymity also poses a problem. The City is unable to meet and discuss the problem with the complainant. The second complaint mentions CCS's hiring practices and the Housing Commission believes that it is not appropriate for the Commission to address CCS's hiring practices. They encourage CCS to evaluate the complaint on hiring practices and address that portion of the complaint separately. In regard to the second complaint, the City of Cupertino and CCS staff suggested five procedures to be implemented that should improve the application process. These five procedures are discussed in the attached e-mail correspondence from Vera Gil to the complainant. The Housing Commission made the following recommendations: a. Request the City's auditor, Maze and Associates, complete a procedural audit of CCS. If the City receives and unusual amount of complaints, a firm may be hired to do an in depth management and operations study. This study will cost approximately $10,000 as opposed to the $3,000 charged by Maze and Associates. This study will be a more in-depth analysis of the BMR program and a review of the BMR procedural manual. The outcome of this study should include recommendations for improving the application process and suggestions for making the program more applicant friendly. As a method of documenting the City's current practices, the Housing Commission suggests that the City Manager or City Council immediately refer all complaints regarding the BMR program to the appropriate Community Development Department staff. Staff will work with CCS to resolve the complaint. The Housing Commission will review the complaint and resolution of the complaint. After reviewing the complaint and resolution, the Housing Commission will comment and forward the information to the City Council. Action: Approve the above-mentioned recommendations. Motion made by Commissioner Abdalah; seconded by Commissioner Hathaway-Feit Vote: Ayes: Abdala, Abdalah, Hathaway-Feit and Nihalani Noes: None 2. Discussions regarding the BMR program sale rate formula and the Nexus Study Request for Proposals (RFP). Staff informed the Housing Commission that a Request for Proposals (RFP) has been issued for an updated Nexus Study justifying the housing mitigation fees. Staff also is requesting a proposal for updating the sale and rental rates for BMR units. Staff is recommending that the current rental and sale rates be frozen until the study is completed. Action: Approve the above-mentioned recommendations. Motion made by Commissioner Hathaway-Feit; seconded by Commissioner Nihalani. Minutes of the Cupertino Housing Commission Page 3 October 9, 2003 Vote: Ayes: Abdala, Abdalah, Hathaway-Feit and Nihalani Noes: None Committee Member Reports: 1. Commissioner Nihalani discussed his participation in the General Plan Task Force. The Task Force has been meeting on most Wednesday nights in July, August and September. The final meeting for the Task Force will be on October 15, 2003 at the Cupertino Senior Center. At that time, the Task Force will make their final recommendations. These recommendations will be transmitted to the City Council in November. 2. Chair Abdalah discussed the last Mayor's tea and shared with the Commission the updates from the other Commissions. Announcements: None Adjournment: Meeting adjourned at 7:30 p.m. to regular meeting of November 13, 2003. SUB ~I~IITTED BY: Vera G~,-S~nior ~lann~r Richard Abdalah, Chairperson . Vera Git From: Vera Gil Sent: Friday, September 19, 2003 11:28 AM To: 'elaina~jack @ hotmail.com' Cc: City Council; David Knapp; Steve Piasecki Subject: RE: Cupertino Community Services (Unfair Practices) Elaina, I was a pleasure to meet with you yesterday. Although it was most likely an uncomfortable situation for you, I appreciate the fact that you had the courage to sit down with us and share your feelings about our program. It is feedback such as yours that helps us improve our program. After we met with you yesterday, Jaclyn Fabre, Richard Lowenthal, Sonja Schurr and I discussed ways to make the program and the application process more applicant friendly. We have agreed that the following five policies shall be implemented by Cupertino Community Services (CCS) within the next few weeks. 1. Each applicant shall schedule a face to face appointment with a CCS staff person. At this meeting, the applicant shall submit their application to CCS and have the application reviewed for completeness. The purpose of this meeting is to give the applicant immediate feedback about the completeness of the application and their status on the waiting list. The applicant will leave this meeting with a checklist showing that either the application is complete or that certain information must be delivered to CCS staff within a specified time period. A formal letter to the applicant shall be mailed within one week of the appointment. 2. A checklist indicating which documents are required for a complete application shall be attached to the front of all application packets. 3. A copy of CCS's grievance policy shall also be attached to all applications packets. 4. Wording shall be added to the application packet indicating that all applications must be deemed complete within a certain time period. 5. Wording shall be added to the application or grievance policy stating that the City of Cupertino audits CCS's affordable placement program annually. The addition of these five new policies should make the program more applicant friendly and should help future applicants avoid the problems that you experienced. As for your application, it is my understanding that CCS is awaiting some additional paperwork. After the receipt of this paperwork, a letter should be sent to you updating your status on the waiting list. If you have any other questions or concerns, please do not hesitate to contact me directly. I am including my contact information for your convenience. Thanks again for your time. -Vera Vera Gil Senior Planner City of Cupertino Department of Community Development 10300 Torte Avenue Cupertino, CA 95014 Direct Line: (408) 777-3251 Fax: (408) 777-3333 e-mail: [maiito:Ve raG @ cu pertino.org] h!!P;//_ww~ W~up~rti~9~org~ ..... Original Message ..... 10/9/03 * 'Vera Gil From: Linda Lagergren Sent: Tuesday, September 09, 2003 3:26 PM To: Vera Gil; Steve Piasecki Subject: F~V: Cupertino Community Services (Unfair Practices) FYI ..... Original Message ..... From: Elaina & .lack [mailto:elaina_jack@hotmail.com] Sent: Tuesday, September 09, 2003 3:23 PM To: Michael Chang; Sandra .lames; Patrick Kwok; Richard Lowenthal; Dolly Sandoval Subject: Cupertino Community Services (Unfair Practices) Dear Council Members, I would like to bring to your attention that Cupertino Community Services are supposed to be there to help the Iow income families of the community. Instead some of them are there to help their family and friends. Other than experiencing unfairness myself, I have known others with the same grievances about this organization. A previous employee brought to our attention that the BMR department routinely bumps people down the list unfairly so that their own family and friends can get priority. I turned in an application about a month ago. The same day I turned in the application, I called Erica Mayor to make sure she received it. She replied yes, and that it's somewhere on her desk. I asked if she could look through it to see if anything was missing or if she needed more information. She said that she would be going through the applications and will notify us in writing within a week. It's been more than a month, and I had not heard nor received anything from her. Today I called Erica Mayor to find out about the status of our application. She said that she still hasn't gotten around to it, and that she will get to it whenever she has time. I asked if she could please look through our application to let me know if I need to bring anything else in. She said that she would look through all the applications at her convenience and that she would then let me know if she needs more information. I thanked her and enquired if they were hiring. She said that there is a position available, but she has somebody in mind already. I asked if I could turn in my resume'. She told me no, and I would be wasting my time as she already knows who she will be hiring. Not only are they unfair in the way they handle the BMR list, but also in their hiring tactics. Would you please investigate this "non-profit" organization, and let me know what you find. Thank you for your time, Elaina Najeeb-Brush 10/9/03 CUPERTINO COMMUNITY SERVICES, INC. August 25, 2003 David Knapp City Manager City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 Dear Mr. Knapp: I am writing to you in response to the enclosed letter dated August 7', 2003. The statement that three CCS staff live in the same complex, on the same floor, next and near to each other is tree. However, only two are participants in the Below Market Rate Program. I have lived at Arioso for over two years, but I am not and have never been a participant in the Program. Also, once I refer a BMR applicant to the apartment management, it is up to them to place their tenants in available units. I do not have a say in this matter. I have been managing the BMR rental placement program since joining CCS in September of 2000. At that time, CCS requested confirmation from the City Senior Planner, Veto Gil and the City Attorney, Chuck Kilian, that CCS staff can participate in the BMR program. We were informed that any staff not directly involved in the Program administration would be eligible. I am not eligible because I manage the BMR placement program Jaclyn Fabre, CCS executive director, oversees my work and she is not eligible. No other CCS staff is directly involved in the BMR placement program. Eligible CCS staff who would like to apply for the BMR Program must go through the same point system ranking, application, review and placement process as all other BMR applicants. Additionally, their application must be reviewed not only by me but also by the CCS executive director. There is currently three CCS staff in the BMR program, two of whom reside at Arioso. Usually, BMR un/ts am designated in each complex. However, during the past year, Arioso had difficulty maintaining high occupancy. The management came to me and requested that I fill some market rate units with BMR applicants. These units would be in addition to the designated 20 required units. I jumped at the chance to give more people this oppommity. I filled five more units with the understanding that the next unit to move out would be reverted to market rate should the general Serving the Corarnunit~es of Cupertino, West San .lose, Los Gatos, Saratoga and Monte Sereno 10104 Vista Drive, Cupertino, California 95014' 408-255-8033. Fax 408-366-6090' www. CupertinoCommUmtyServices.org ~.85 03 1~:23p 8RXOSO 8PSRTMEMT ~4081873-7377 p.1 ARIOSO CUP£RTINO Dear Eric~, In regards to our conversation this morning about units 9303 and 9304, I know I clidn't try to group all of your co-workers in one building it's just the way it worked out. What ever units I have available to rent is the ones I offer. I'm very well aware of Fair Housing Laws and one of the law is I can't steer prospects to a certain location. Included with this letter I am giving you a copy of the property map with a "X" mark by the units that belong to BMR rentals. I hope this letter well clear things up in your depiu'ta,sent. Sunita Bhawan Property Manager 8u~,25 03 12:23p BRIOSO RPRRTMEMT (~08}873-7377 p.~ 18 August 2003 To the Attention of Vera Gil: I am writing to thank you for your role in the Cupertino Below Market Rate Housing program. With the assistance of Erica Mayer at Cupertino Community Services, our family will be moving into the Verona Apartment complex at Stevens Creek and DeAnza Blvds. next week. We are thrilled to be able to move our daughter into such a high quality living environment, and we are deeply appreciative of the community support that makes it possible. Kevin is working full time and going to school at night. Luisa is also a full time student, as well as the caregiver of two year old Aislan. We are working hard to ensure a better future for our family. We also look forward to being active in the community at Verona and in the wider Cupertino community. This has been an unexpected blessing to us, and we want you to know what a difference it will make for us. May you and your family also be blessed. Please feel free to contact us if there is anything we can do to help you in return. Sincerely, Kevin and Luisa Garrett 20488 Stevens Creek Blvd. #1215 Cupertino, CA 95014