HC Packet 11-14-2019CITY OF CUPERTINO
HOUSING COMMISSION
AGENDA
10300 Torre Avenue, City Hall Conference Room C
Thursday, November 14, 2019
9:00 AM
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Draft Minutes of July 25, 2019
Recommended Action: Approve or modify the Draft Minutes of July 25, 2019
Draft Minutes of July 25, 2019
STUDY SESSION
2.Subject: Presentation from Housing Trust of Silicon Valley
Recommended Action: receive presentation and provide any input to Staff
3.Subject: Study Session regarding the proposed policy document for the City of
Cupertino Ethics Protocol for Elected and Appointed Officials
Recommended Action: Review the policy and provide any input to the City Council
Staff Report
A - Draft Ethics Protocol
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the commission on any matter not
on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the
commission from making any decisions with respect to a matter not listed on the agenda
WRITTEN COMMUNICATIONS
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the
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Housing Commission Agenda November 14, 2019
next meeting who is visually or hearing impaired or has any disability that needs special assistance
should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for
assistance. Upon request, in advance, by a person with a disability, meeting agendas and writings
distributed for the meeting that are public records will be made available in the appropriate alternative
format. Also upon request, in advance, an assistive listening device can be made available for use
during the meeting.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City .
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment .
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City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
DRAFT MINUTES OF THE SPECIAL MEETING OF
THE HOUSING COMMISSION HELD ON JULY 25, 2019
CALL TO ORDER
Chair Zhao opened the meeting at 9:02am.
ROLL CALL
Commission Members present: John Zhao, Chair
Nina Daruwalla, Vice Chair
Sue Bose, Commissioner
Connie Cunningham, Commissioner
Staff present: Kerri Heusler, Housing Manager
APPROVAL OF MINUTES
1. Minutes of the July 11, 2019 Housing Commission meeting were approved as written. Commissioner
Cunningham made a motion and Commissioner Daruwalla seconded the motion.
APPROVE: Zhao, Daruwalla, Bose, Cunningham
ABSENT:
ABSTAIN:
VOTE: 4-0-0
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
None
NEW BUSINESS
2. Below Market Rate (BMR) Linkage Fees Update for the Cupertino BMR Housing Program
The Commission accepted a presentation from staff member Kerri Heusler, Eric Phillips of Goldfarb &
Lipman, and Sujata Srivastava of Strategic Economics. Staff and the consultant team answered questions
from the Commissioners and members of the public. Public comments were received from Leanna
Crabtree and Jennifer Griffin.
The Commission proposed the following changes:
Residential
Prohibit in-lieu fees entirely for residential 7+ units
Recommend the following inclusionary policies:
o Single Family- 20%
o Townhomes/Condos- between 20-25% defending on feasibility
2
o Rental- no change
Explore specific inclusionary percentages in between 15%, 20%, 25% for prototypes 1, 2 & 3
Include additional language in alternative means of compliance:
o Developer has to require an equivalent number of offsite units
o Acquisition of existing unit with a requirement to rehabilitate as BMR units
o Land donation option
Decide implementation date of new policy with consideration for the BMR units at the Oaks
Review existing parking policies with the goal of removing barriers to affordable housing with a
focus on reducing development costs and creating incentives around parking
Explore a prototype of apartments without retail to see if it is feasible
Non-Residential
Recommend the following fees:
o Office / R&D- between $25-30
o Hotel- $15
o Retail- no change
Commissioner Cunningham made a motion and Commissioner Daruwalla seconded the motion.
APPROVE: Zhao, Daruwalla, Cunningham
ABSENT:
DISAPPROVE:
ABSTAIN: Bose
VOTE: 3-0-1
STAFF AND COMMISSION REPORTS:
Staff member Heusler provided information about the following items:
1. Santa Clara County Homeless Census & Survey
2. Housing Commission recruitment
3. RHNA Subregion update- 2/1/20 deadline for regions to form and notify ABAG
4. Upcoming Events:
The Veranda Dedication- August 12
th
BMR Workshop- September 12
th
ADJOURNMENT:
The meeting was adjourned at 11:52am to the next regularly scheduled Housing Commission meeting.
Respectfully submitted:
/s/Kerri Heusler
Kerri Heusler
Housing Manager
1
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • www.cupertino.org
HOUSING COMMISSION STAFF REPORT
November 14, 2019
Subject
Study Session regarding the proposed policy document for the City of Cupertino Ethics
Protocol for Elected and Appointed Officials
Recommended Action
Conduct Public meeting; and
1. Review the policy to provide any input to the City Council
Background
At the July 16, 2019 meeting, City Council directed the City Manager and City Attorney
to draft an ethics protocol document. The attached Draft Ethics Protocol has been
developed for this purpose and would apply to City Council, appointed officials
(including commissions), and staff. The Draft Ethics Protocol is largely a statement of
already existing legal obligations.
The Housing Commission has the opportunity to review the draft document and
provide input for City Council consideration.
Next Steps
It is expected that the Draft Ethics Protocol will be brought before Council for adoption
at the December 3, 2019 Council meeting.
Prepared by: Kerri Heusler, Housing Manager
Reviewed and Approved for Submission by: Benjamin Fu, Director of Community
Development
Attachments:
A -Draft Ethics Protocol
______ _ _
CITY OF CUPERTINO ETHICS PROTOCOL
The citizens, businesses and organizations of the City are entitled fair, ethical and
accountable local government that has earned the public’s full confidence for integrity.
To this end, the City Council has adopted this Ethics Protocol for City Council, appointed
officials, and staff of the City of Cupertino to promote public confidence in the integrity
of local government and its effective and fair operation.
A. Comply with Law
City elected/appointed officials and staff comply with the laws of the nation, the State of
California and the City in the performance of their public duties. These laws include, but
are not limited to: the United States and California constitutions, the Cupertino Municipal
Code, City ordinances and policies, and laws pertaining to conflicts of interest, election
campaigns, financial disclosures, employer responsibilities and open processes of
governments. The City ensures its elected/appointed officials and staff receive regular
training on ethics as required by state law.
B. Conduct of Members
The professional and personal conduct of City elected/appointed officials and staff
should be above reproach and avoid even the appearance of impropriety. City
elected/appointed officials and staff should refrain from abusive conduct, personal
charges, or verbal attacks upon the character or motives of others, including members
of the Council, boards and commissions, the staff, or the public.
C. Respect for Process
City elected/appointed officials and staff perform their duties in accordance with the
processes and rules of order established by the City Council governing the deliberation
of public policy issues, meaningful involvement of the public, and implementation of
policy decisions of the City Council by City staff.
D. Decisions Based on Merit
City elected/appointed officials and staff base their decisions on the merits and
substance of the matter at hand, rather than on unrelated considerations.
E. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good,
City elected/appointed officials and staff do not use their official positions to participate
in or influence decisions in which they have a material financial interest, an
organizational responsibility, or a personal relationship, which may give the appearance
of a conflict of interest.
F. Gifts and Favors
City elected/appointed officials and staff limit and report gifts as required by state law,
and follow advice provided by the City Attorney.
______ _ _
G. Confidential Information
City elected/appointed officials and staff respect the confidentiality of information
concerning the property, personnel, and affairs of the City. They neither disclose
confidential information without proper legal authorization, nor use such information to
advance their personal, financial or other private interests.
H. Use of Public Resources
City elected/appointed officials and staff do not use public resources, such as City staff
time, equipment, supplies or facilities, for private gain or personal/political purposes.
I. Representing the City & Advocacy
When formally authorized to represent and/or advocate for the official policies or
positions of the City, elected/appointed officials and staff must do so accurately and in
a limited fashion that does not go beyond the scope of their authority. By contrast, when
City elected/appointed officials and staff are presenting their individual opinions and
positions on issues potentially relevant to the City, they must explicitly state they do not
represent their body or the City and must not allow any inference that they do.
J. Positive Work Place Environment
City elected/appointed officials and staff support the maintenance of a positive and
constructive work place environment for City employees and for citizens and
businesses dealing with the City. City elected/appointed officials recognize their special
role in dealings with City staff, taking care not to create any perception of inappropriate
direction to staff.
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