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