HC Resolution No. 16-07 Regarding the Appeal of Ms. Kimberly SandstromRESOLUTION NO. 16-07
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF
CUPERTINO REGARDING THE APPEAL OF MS. KIMBERLY SANDSTROM
WHEREAS, the City of Cupertino (the "City") administers a Below Market-
Rate (BMR) housing program; and
WHEREAS, the City contracts with West Valley Community Services ("WVCS")
to manage the BMR program, including the determination of eligibility of potential
applicants;
WHEREAS, the Policy and Procedures Manual for Administering Deed-Restricted
Affordable Housing Units (the "BMR Manual"), adopted by the City Council, serves as
the day-to-day operational manual for both City staff and WVCS in administering the
BMR program; and
WHEREAS, applicants who desire to rent or purchase a BMR unit in the City
must complete an application demonstrating that the applicant's annual gross income
does not exceed the maximum published limit for the BMR unit; and
WHEREAS, WVCS maintains a waiting list of qualified applicants who wish to
rent or purchase a BMR unit; and
WHEREAS, Kimberly Sandstrom applied to purchase a BMR unit that became
available; and
WHEREAS, based on the BMR Manual, WVCS determined that Ms. Sandstrom's
annual gross income exceeded the established income limit to purchase the BMR unit;
and
WHEREAS, Ms. Sandstrom has completed three levels of appeal at WVCS; and
WHEREAS, Ms. Sandstrom has further appealed to the Housing Commission,
which will make a recommendation to the City Council for the final decision.
NOW, THEREFORE, BE IT RESOLVED, after careful consideration of the facts,
exhibits, staff report, testimony and other evidence submitted in this matter, that the
Housing Commission recommends that the City Council affirm the determination that
Kimberly Sandstrom was ineligible to purchase a BMR unit because her income exceeds
the established income limit, as calculated consistent with the BMR Manual in effect at
the time of the determination of her income; and
BE IT FURTHER RESOLVED that, because the appeal procedures then in place
did not allow Ms. Sandstrom to complete her appeal before the affected BMR unit was
sold, the Housing Commission further recommends that the City Council permit Ms.
Sandstrom to retain her current position on the BMR waiting list.
PASSED AND ADOPTED this 11th day of August 2016 at a regular meeting of the
Housing Commission of the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Ben Fu
Assistant Dir. of Community Development
APPROVED:
Harvey Barn
Housing Co
the established income limit, as calculated consistent with the BMR Manual in effect at
the time of the determination of her income; and
BE IT FURTHER RESOLVED that, because the appeal procedures then in place
did not allow Ms. Sandstrom to complete her appeal before the affected BMR unit was
sold, the Housing Commission further recommends that the City Council permit Ms .
Sandstrom to retain her current position on the BMR waiting list.
PASSED AND ADOPTED this 11th day of August 2016 at a regular meeting of the
Housing Commission of the City of Cupertino by the following roll call vote:
A YES: Chair Barnett, Vice Chair Raman, Commissioner Bose
NOES: Commissioner Daruwalla
ABSENT: none
ABSTAIN: none
ATTEST:
/s/Ben Fu
Ben Fu
Assistant Dir. of Community Development
APPROVED:
/s/Harvey Barnett
Harvey Barnett, Chair
Housing Commission