HC Packet 12-12-2019CITY OF CUPERTINO
HOUSING COMMISSION
AGENDA
10300 Torre Avenue, City Hall Conference Room C
Thursday, December 12, 2019
9:00 AM
ROLL CALL
APPROVAL OF MINUTES
Subject: Draft Minutes of October 10, 2019
Recommended Action: Approve or modify the Draft Minutes of October 10, 2019
draft Minutes HC 10-10-19.doc
Subject: Draft Minutes of November 14, 2019
Recommended Action: Approve or modify the Draft Minutes of November 14, 2019
draft Minutes HC 11-14-19.doc
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
Subject: Commission Proposals for FY 2020-21 City Work Program
Recommended Action: Conduct the Public Meeting; and
1) Provide a list of proposed City Work Program items, identifying the top three
proposals
Staff Report
A - City Work Program Flow Chart
B - Guidance on Commission Proposals for City Work Program
C - FY 2019-20 Housing Commission Work Program
D - Cupertino Municipal Code Chapter 2.86
E - Commission Proposals for FY 2020-21 City Work Program
NEW BUSINESS
STAFF AND COMMISSION REPORTS
Page 1
Housing Commission Agenda December 12, 2019
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the
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 .
Page 2
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE REGULAR MEETING OF
THE HOUSING COMMISSION HELD ON OCTOBER 10, 2019
CALL TO ORDER
Commissioner Cunningham opened the meeting at 9:03am.
Vice Chair Bose joined the meeting at 9:21am.
ROLL CALL
Commission Members present: Sue Bose, Vice Chair
Connie Cunningham, Commissioner
Siva Gandikota, Commissioner
Sanjiv Kapil, Commissioner
Commission Members absent: Nina Daruwalla, Chair
Staff present: Kerri Heusler, Housing Manager
Erika Poveda, Associate Planner
APPROVAL OF MINUTES
1. Minutes of the July 25, 2019 Housing Commission meeting were continued to the next regularly
scheduled meeting due to a lack of quorum.
2. Minutes of the September 26, 2019 Housing Commission meeting were approved as written.
Bose moved and Gandikota seconded.
AYES: 3
NOES: 0
ABSTAIN: Cunningham
ABSENT: Daruwalla
VOTE: 3-0-1-1
ORAL COMMUNICATIONS
Member of the public Jennifer Griffin spoke on issues regarding public outreach with the recent PG&E
event.
WRITTEN COMMUNICATIONS
None
OLD BUSINESS
None
NEW BUSINESS
3. Fiscal Year (FY) 2019-20 Housing Commission Work Program Item: Identifying a list of City owned
parcels to be considered for affordable housing (APN, lot size, land use)
2
The Commission accepted a presentation from staff members Kerri Heusler and Erika Poveda. Staff
answered questions from Commissioners. Member of the public Jennifer Griffin spoke on this item.
Bose moved and Kapil seconded.
AYES: 4
NOES: 0
ABSTAIN: 0
ABSENT: Daruwalla
VOTE: 4-0-0-1
STAFF AND COMMISSION REPORTS:
Staff member Heusler provided information about the following items:
Below Market Rate Application/Waitlist
Vice Chair Bose reported back from the monthly Mayor’s meeting. Commissioner Cunningham
reported attendance at the following meetings: Chamber of Commerce and Cupertino for All.
ADJOURNMENT:
The meeting was adjourned at 10:14am to the next regularly scheduled Housing Commission meeting.
Respectfully submitted:
/s/Kerri Heusler
Kerri Heusler
Housing Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
ACTION MINUTES OF THE REGULAR MEETING OF
THE HOUSING COMMISSION HELD ON NOVEMBER 14, 2019
CALL TO ORDER
Vice Chair Bose opened the meeting at 9:00am.
Chair Daruwalla joined the meeting at 9:03am.
ROLL CALL
Commission Members present: Nina Daruwalla, Chair
Sue Bose, Vice Chair
Connie Cunningham, Commissioner
Sanjiv Kapil, Commissioner
Commission Members absent: Siva Gandikota, Commissioner
Staff present: Kerri Heusler, Housing Manager
Lauren Ninkovich, Associate Planner
APPROVAL OF MINUTES
1. Minutes of the July 25, 2019 Housing Commission meeting were approved as written.
Daruwalla moved and Cunningham seconded.
AYES: 3
NOES: 0
ABSTAIN: Kapil
ABSENT: Gandikota
VOTE: 3-0-1-1
STUDY SESSION
2. Presentation from Housing Trust of Silicon Valley
The Commission accepted a presentation from Housing Trust of Silicon Valley. Staff answered
questions from Commissioners. Members of the public Kitty Moore and Jennifer Griffin spoke on this
item.
3. Study Session regarding the proposed policy document for the City of Cupertino Ethics Protocol for
Elected and Appointed Officials.
The Commission accepted a presentation from staff member Heusler. Staff answered questions from
Commissioners. Commissioner Cunningham provided written communications and read them aloud
during the meeting. Written communications also included an email from member of the public Brock
Carpenter. Member of the public Jennifer Griffin spoke on this item.
The Commission recommended the following:
2
Use word “shall” instead of “should” throughout entire document
Review and make recommendations on prior Ethics Documents as part of the record
ORAL COMMUNICATIONS
Member of the public Jennifer Griffin spoke on difficulties with public hearings.
WRITTEN COMMUNICATIONS
None
OLD BUSINESS
None
NEW BUSINESS
None
STAFF AND COMMISSION REPORTS:
Staff member Heusler provided information about the following items:
BMR Waitlist
ADJOURNMENT:
The meeting was adjourned at 10:57am to the next regularly scheduled Housing Commission meeting.
Respectfully submitted:
/s/Kerri Heusler
Kerri Heusler
Housing Manager
HOUSING COMMISSION STAFF REPORT
December 12, 2019
Subject
Commission Proposals for FY 2020-21 City Work Program
Recommended Action
Conduct Public meeting; and
1.Provide a list of proposed City Work Program items, identifying the top three
proposals.
Background
In the December/January timeframe, each Commission will submit proposed ideas for
the City Work Program for the upcoming fiscal year (FY). These proposals will be taken
into consideration by Department Heads and the City Manager when developing the
proposed City Work Program for City Council’s consideration. Commissions should
identify their top 3 proposals and limit proposals to no more than 10.
When the proposed City Work Program is brought to Council in March, the proposals
submitted by Commissions will be provided as attachments with indications as to which
proposals are reflected in the proposed City Work Program. Once the City Work
Program is adopted by Council, Commissions will then develop their Commission Work
Programs based upon the items relevant to them in the approved City Work Program.
Next Steps
It is expected that Commission proposals will be evaluated by the Department Head and
City Manager in February and brought to City Council in March for approval. In April,
Commissions will develop their Commission Work Programs based on the City Work
Program.
Prepared by: Kerri Heusler, Housing Manager
Reviewed and Approved for Submission by: Benjamin Fu, Director of Community
Development
Attachments:
A -City Work Program Flow Chart
B -Guidance on Commission Proposals for City Work Program
C -FY 2019-20 Housing Commission Work Program
D -Commission Proposals for FY 2020-21 City Work Program
E -Cupertino Municipal Code Chapter 2.86
City Work Program Flow Chart
• Note:
o If ideas for work program items come up throughout the year, they should be suggested in the following year’s WP
process in Dec/Jan. If the idea/item requires earlier consideration, Council approval would be required.
o Smaller items that do not require staff time or budget may be added to the Commission Work Program even if they are
not part of the larger City WP.
July (Beginning of Fiscal Year)
•Begin implementation of approved
City Work Program (WP) and
commission WPs for the current
fiscal year (FY).
December-January
•Ideas from staff and commissions
for upcoming FY's City WP
due to Departments (Depts.).
•Depts. update Council on
current City WP.
February
•Council prioritizes City goals at
Priority Setting Session.
•With City goals in mind, Depts.
evaluate City WP ideas and develop
a proposed City WP for the Council's
consideration.
March
•Depts. present proposed City WP to
Council at a study session.
•Feedback from the study session is
incorporated and the final City WP is
brought for Council approval.
April -June
•Commissions develop their WPs
based on approved City WP items.
•Commission WPs brought for
Council's approval as consent
items.
Any additional ideas that come
up throughout the year should
be accumulated for submission
in the following Dec/Jan.
GUIDANCE ON COMMISSION PROPOSALS FOR CITY WORK PROGRAM
Overview of the Process
In the December/January timeframe, each Commission will submit proposed ideas for the
City Work Program for the upcoming fiscal year. These proposals will be taken into consideration
by Department Heads and the City Manager when developing the proposed City Work Program
for Council’s consideration. When the proposed City Work Program is brought to Council in
March, the proposals submitted by Commissions will be provided as attachments with
indications as to which proposals are reflected in the proposed City Work Program. Once the City
Work Program is adopted by Council, Commissions will then develop their Commission Work
Programs based upon the items relevant to them in the approved City Work Program. Smaller
items that do not require staff time or budget may be added to the Commission Work Program
at this point in the process. Final Commission Work Programs should be brought for Council’s
approval as consent items before July. For a flow chart of this process, see the City Work Program
Flow Chart.
Guidance on Commission Proposals for the City Work Program
Commission proposals for the City Work Program should be within the purview of the
Commission, have timelines of 12 months or less, and identify projects or deliverables the
Commission would be interested in addressing over the course of the next fiscal year. When
developing proposals, consider constraints related to:
• Staff resources,
• Budget, and
• Demands from routine business of the Commission.
If there are existing City Work Program items that the Commission would like to propose
continuing into the upcoming year, the Commission should include these items in their list of
proposals. Please identify:
• The Commission’s top three proposals to aid in the prioritization process and
• No more than 10 proposals total for submission. There is no minimum number of
proposals required. Please note that not all proposals will be included in the proposed
City Work Program. When the proposed City Work Program is brought to Council, the
proposals submitted by Commissions will be provided as attachments with indications as
to which proposals are reflected in the proposed City Work Program.
Dec/Jan
•Commission
submits
proposals for
City Work
Program
Feb
•Proposals
evaluated by
Dept Head
and City
Manager
March
•City Council
approves City
Work
Program
April
•Commissions
develop their
Commission
Work Programs
based on City
Work Program
GUIDANCE ON COMMISSION PROPOSALS FOR CITY WORK PROGRAM
Suggested steps to develop Commission proposals for the City Work Program:
1. Review the purpose of the Commission as defined by the Cupertino Municipal Code in
Chapter 2.
2. Discuss and outline any priorities established by Council such as from prior City Work
Programs.
3. Brainstorm proposals relating to the Commission and determine the following:
a. Identify potential projects and deliverables relevant to the Commission.
b. Determine the benefit if the project or deliverable is completed.
c. Is it mandated by State or local law or by Council direction/priority?
d. Would the task or item require a policy change at the Council level?
e. Identify resources needed for completion such as staff time, creation of
Commission subcommittees, coordination with other Commissions etc.
f. What is the timeline to completion? (1 year, 2 year, or longer term?)
i. Proposals should be completable within the upcoming fiscal year (within
12 months). If a project or deliverable will take more than a year, it should
be broken up into phases and the proposal submission should only
include what can be accomplished in the upcoming fiscal year.
g. Determine measurement and evaluation criteria. How will you know you are on
track? How will you determine success?
4. Prioritize projects from urgent to low priority.
5. Identify the top three proposals from the Commission that can reasonably be
accomplished or worked on in the coming year.
6. Submit the Commission Proposals for City Work Program Form.
Project/Task Project ObjectiveDriven by mandate, law, or Council priority/direction? (If yes, please specify)Resources Needed(e.g. funding and # of staff hours)Estimated Completion DateMeasurement Criteria(How will we know how we are doing?)Housing StrategiesExplore the development of strategies that provides a variety of products across the affordability levels including housing for the developmentally disabled, as well as those with moderate, low, very low, and extremely low income.City Work Program FY 2019-20 $20,000 / 50 hours Spring 2020 Draft of effective strategies and tools presented to Housing Commission, Planning Commission, and City Council.HomelessnessConduct audit of services available in Cupertino for the homeless community; confirm estimates of homelessness in Cupertino; explore solutions for homeless students.City Work Program FY 2019-20 $10,000 / 25 hours Spring 2020 Report on status of homelessness presented to Housing Commission and City Council.Engage with Philanthropic Organizations to find a way to build ELI housing units for Developmentally Disabled and Engage with Habitat for Humanity (or other nonprofit) to build ownership housing at 10301 Byrne Avenue1) Identify ways to build ELI housing units for developmentally disabled.2) Look at possibility of building 6-8 affordable ownership townhomes.City Work Program FY 2019-20 $150,000 plus additional development costs to be determined after feasibility study / 150 hoursSpring 2020 / Summer 2020Assist developers/nonprofits, completion of feasiblity study.BMR Linkage Fees UpdateConsider increasing linkage fees for residential and non- residential projects to provide funding for BMR affordable units.City Work Program FY 2019-20 $175,000, 100 hours Summer 2019 Housing Commission study session, Planning Commission study session, City Council study session.Incentives to Build Accessory Dwelling Units (ADUs)Provide incentives to build ADUs (which provide affordable housing opportunities) by reviewing ordinance and reducing fees.City Work Program FY 2019-20 $0, 40 hours Dec-19 Housing Commission presentation and recommendation, Planning Commission item, City Council item.Short-Term Rentals (STRs)Develop a regulatory program to regulate and collect Transient Occupancy Tax (TOT) from STRs.City FY 2019-20 Work Program $17,000, 500 hours Fall 2019 Housing Commission presentation and recommendation.Identifying a list of City owned parcels to be considered for affordable housing (APN, lot size, land use)Identify sites for potential affordable housing developments.N/A $0 / 2 hours Fall 2019 Housing Commission presentation and recommendation.Invite community groups to present affordable housing topicsLearn about organizations that serve Cupertino.N/A $0 / 2 hours Ongoing Housing Commission presentations.Monitor, Participate and Report on regional housing meetings including ABAG, RHNA, and HCD.Commissioners to follow meetings and participate in the process when possible.Council direction $0 / 2 hours Ongoing Commissioner reporting on regional housing meetings including ABAG, RHNA, and HCD.Housing Commission FY 2019-20 Work Program
Cupertino, CA Municipal Code
CHAPT ER 2.86: HOUSING COM M ISSION*
Section
2.86.010 Established-Composition.
2.86.020 Members-Re sidency-Selection.
2.86.030 Terms of office.
2.86.040 Members-Vacancy prior to expiration of a term.
2.86.050 Chairpe rson.
2.86.060 Meetings.
2.86.070 Compensa tion-Expenses.
2.86.080 Majority vote required.
2.86.090 Records.
2.86.100 Duties-P owers-Responsibilities.
2.86.110 City staff assistance.
2.86.120 P rocedural rules.
2.86.130 Effect.
* Editor's note: The title of this chapter was ame nded from Housing Committee by Ord. 1892, and from Afforda ble Housing
Committee by Ord. 1722.
2.8 6 .010 Es tablis he d-Co mpos itio n.
A. The Housing Commission of the City is esta blished. The Housing Commission shall consist of five me mbers as follows:
1. Representative from a Cupertino financial institution,
2. Representative from a Cupertino busine ss,
3. Three community members,
B. The representatives from a financial institution, Cupertino business, and the community members shall not be officials or
employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage, to a ny member of the Commission, the
City Manager or the staff person(s) assigne d to this Commission.
C. The Direc tor of Community Developme nt, or his or her designee, shall provide technica l assistance to the Commission.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .020 M e mbe rs -Re s ide ncy-Se le ctio n.
A. Housing Committee me mbers who are representatives of a financial institution or a busine ss are not required to be Cupertino
residents, but the financial institution and the business represe nted must be loca ted in Cupertino. The three community membe rs must
be residents of Cupertino.
B. In selection of community members, the City Council may give priority to:
1. Applicants who represent the Community Development Block Grant (CDBG) target areas as described in the city's
Consolidated P la n.
2. Applicants who are fa miliar with the operation of affordable housing;
3. Applicants who represent non-profit community organizations; and
4. Applicants who are knowledgeable about the housing nee ds of groups ta rgeted for affordable housing development which
include, but are not limited to, the following:
1. Se niors,
2. Single parent families,
3. Homeless persons,
4. Fa milies of low inc ome,
5. Disabled persons,
6. Renters,
7. First time homebuyers.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .030 Te rms of Office .
A. Housing c ommissioners serve at the pleasure of the City Council. The term of office of the members of the Housing
Commission shall be for four yea rs commencing on the date of their respective appointments to the Housing Commission or its
predecessor Commission and shall end on January 30th of the year their terms are due to expire. No member shall serve more than
two consecutive terms except that a member may serve more than two consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the Housing Commission are governed by
Resolution No. 8357 of the Cupertino City Counc il.
(Ord. 2062, (pa rt), 2010; Ord. 1974, § 3, 2006; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576,
§ 1 (part), 1992)
2.8 6 .040 M e mbe rs -Vacancy Prio r to Expiratio n of a Te rm.
If a vacancy occurs other tha n by expiration of a term, it sha ll be filled by the City Council's appointment for the unexpired portion of
the term.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .050 Chairpe rs on.
The Chairperson and Vice Chairperson shall be elected from among Commission members. Terms shall be for one year.
(Ord. 2062, (pa rt), 2010; Ord. 2015, § 4, 2008; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .060 M e e tings .
A. The Housing Commission shall establish a regular time and place of meeting and rules of conduct thereof and shall hold a t least
one regular meeting each quarter.
B. A majority of the Housing Commission shall constitute a quorum for the purpose of transacting the business of the Commission.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part), 1994; Ord.
1576, § 1 (part), 1992)
2.8 6 .070 Co mpe ns ation-Ex pe ns e s .
Members shall serve on the Housing Commission without c ompe nsation.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part), 1994; Ord.
1576, § 1 (part), 1992)
2.8 6 .080 M ajo rity Vote Re quire d.
A majority vote of the quorum is required to a pprove a recommendation on any matter that is presented to the Commission which
requires a vote.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .090 Re c o rds .
The Commission shall keep an a ccurate record of its proceedings and transactions and shall render such reports to the City Council
and P lanning Commission a s may be required.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .100 Dutie s -Powe rs -Re s pons ibilitie s .
The powers and functions of the Housing Commission shall be as follows:
A. To a ssist the P lanning Commission and the City Counc il in developing housing policies and strategies for implementation of
general plan housing element goals;
B. To recommend policies for implementation and monitoring of affordable housing projects;
C. To facilitate innovative approaches to affordable housing development and to generate ideas and interest in pursuing a variety of
housing options;
D. When re quested by the Director of Community Deve lopment or the City Council, to make re commendations to the P lanning
Commission a nd the City Council regarding a ffordable housing proposals in connection with applications for development including, but
not limited to, recommendations for possible fe e waivers, other incentives, the number and type of affordable units and the targe t
groups to be served. Any referral to the Housing Commission shall be limited to consideration of affordable housing proposals which
exceed normal housing requirements under the applicable provisions of the City's general plan or ordinances related thereto;
E. To make recommenda tions regarding requests for money from the CDBG and Affordable Housing Funds;
F. To provide information about affordable housing;
G. To meet with neighborhood, community, re gional and business groups a s ne cessary to receive input and assist in generating
affordable housing;
H. To help identify sources of funds to de velop and build affordable housing;
I. To perform any other advisory functions a uthorized by the City Council.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .110 City Staff As s is tance .
The Housing Commission shall have available to it such assistance of City staff a s may be required to perform its functions, the staff
assignments a nd administrative procedures to be under the general direction a nd supervision of the Director of Community
Development.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .120 Proce dural Rule s .
The Housing Commission may adopt from time to time such rules of procedure as it may de em necessary to properly exercise its
powers and duties. Such rules shall be kept on file with the chairperson of the Housing Commission, the Mayor, and the City Clerk,
and a copy there of shall be furnished to any person upon request.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.8 6 .130 Effe ct.
Nothing in this chapter shall be construed a s restricting or c urtailing any powers of the City Council, P lanning Commission or City
officers.
(Ord. 2062, (pa rt), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
Project/Task Project Objective
Driven by mandate, law, or Council
priority/direction?
(If yes, please specify)
Resources Needed
(e.g. funding and # of staff
hours)
May be updated by Dept as
appropriate.
Estimated Completion Date
May be updated by Dept as
appropriate.
Measurement Criteria
(How will we know how we are doing?)
[Commission] Proposals for
FY 2020-21 City Work Program