CC Resolution No. 19-009 Indicating intent to support formation of a housing subregion of SCC Local and County Governments (2)_revised 8/11/23RESOLUTION N0. 19-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
INDICATING INTENT TO SUPPORT FORMATION OF A HOUSING
SUBREGION OF SANTA CLARA COUNTY LOCAL AND COUNTY
GOVERNMENTS TO FACILIT ATE AND IMPLEMENT COUNTYWIDE
HOUSING PRODUCTION CONSISTENT WITH THE REGIONAL
HOUSING NEEDS ALLOCATION (RHNA) FORMULA CURRENTLY
ASSIGNED BY THE ASSOCIATION OF BAY AREA GOVERNMENTS
(ABAG)
WHEREAS, Housing Element Law (Gov. Code Sections 65580 - 65589.8) provides for a
Regional Housing Need Allocation process (RHNA); and
WHEREAS, to implement such RHNA process in the San Francisco Bay Area, the State
of California has delegated to the Association of Bay Area Governments (ABAG)
responsibility to adopt an allocation methodology, then use the adopted methodology to
assign to each jurisdiction in the Bay Area the obligation to zone enough housing
development capacity to accommodate production of a specific number of housing units
during the period from 2023 through 2031;a and
WHEREAS, Government Code Section 65584.03 provides that certain combinations of
local governments may form a subregion to perform RHNA for themselves in order to
allocate among themselves the total number of housing units assigned to them
collectively by ABAG; and
'l/VHEREAS, the City of Cupertino is interested in exploring the formation of a Regional
Housing Needs Allocation (RHNA) subregion consistent with the California
Government Code Section 65584 et seq and acceptable to the Association of Bay Area
Governments (ABAG) and the California Department of Housing and Community
Development (HCD) to facilitate collaboration with the county and all cities in the County
of Santa Clara, to efficiently and effectively deliver housing production goals; and
WHEREAS, the Board of the Cities Association of Santa Clara County has directed the
review of the benefits of such a subregion and subsequently representatives of the Cities
Association of Santa Clara County (CASCC) have formed a committee to evaluate and
make recommendations regarding the importance of and opportunities for success
through shared housing strategies which could be facilitated by a subregional effort; and
Resolution 19-009
Page 2
WHEREAS, the committee formed by the CASCC has proposed draft by-laws for the
RHNA subregion which have been reviewed by the City Council of the City of Cupertino
at its duly noticed February 5, 2019 City Council meeting;
WHEREAS, housing is a countywide challenge, and housing production types, numbers,
density, appropriateness and affordability levels can vary in different communities, and
the Cities' recognize all production types are important to the housing supply of the
County and its related economic and social health; and
WHEREAS, Cities are individually accountable for, and retain full local authority for,
identifying sites for housing development and for adopting and implementing housing
policies intended to facilitate production of housing to meet local, regional and state
policy objectives embodied in the numbers prescribed by ABAG the Sustainable
Community Strategy thatwill be adopted by ABAG and the Metropolitan Transportation
Commission (MTC) in 202j; and
WHEREAS, through mutual cooperation and planning, the production of these housing
units may be enhanced through collective efforts and resources, therefore creating a
forum for developing countywide policy consensus on matters related to the Sustainable
Community Strategy;
NOW, THEREFORE, upon review of all the documents and information presented to the
City Council, the City Council of the City of Cupertino does hereby find, determine,
resolve and order as foIlows:
Section I: That it is in the best interest of the City to join with other cities in Santa Clara
County to explore creation of the RHNA subregion and that by working together to plan
for housing growth, the stage is set for implementing housing and more housing will
ultimately be built to meet the needs of the entire County.
Section 2: That the City Manager is hereby authorized and directed to enter into
discussions regarding the formation of a RHNA subregion and the development of a
workplan and budget, and schedule of actions leading to the countywide, self-
administration of the housing needs allocation process, allocating the countywide total
housing needs allocation among all the Cities and unincorporated County by consensus
The item will be scheduled before the City Council for the ultimate decision whether to
join a RHNA subregion.
(i
Resolution 19-009
Page 3
PASSED AND ADOPTED this 5th day of February, 2019, at the Regular Meeting of the
City Council of the City of Cupertino, State of California, by the following roll call vote:
Vote Members of the City Council
AYES:
NOES:
Scharf, Chao, Paul, Sinks, Willey
None
ABSENT:None
ABST AIN:None
ATTEST:APPROVED:
e- .,SJ!.'+t
Grace Schmidt, City Clerk Steven Scharf, Mayor,
City of Cupertino
By-laws of the Santa Clara County Subregional RHNA Process
PURPOSE & BYLAWS
The cities within the County of Santa Clara, and the County of Santa Clara, have adopted
resolutions to participate as a Subregion (hereinafter referred to as "Subregion") in the
Regional Housing Needs Allocation (RHNA) Process. The Cities Association of Santa Clara
County (hereinafter referred to as "CASCC") will act as the representative for the Subregion.
The Subregion hereby adopts the following bylaws for the purpose of providing for the orderly
conduct of its affairs.
ARTICLEI NAME
The name of the separate entity established by the resolutions is the "Santa Clara County Sub-
Regional RHNA Process" and may be referred to as "Subregion".
ARTICLEII PURPOSES
Section 1. Subregion shall have the following purposes:
(a) Plan, organize, and maintain the work of the Subregion and be responsible for its overall
operation;
(b) Advise City Managers, City Councils and the Board of Supervisors of all significant
activities of the Subregion;
(c) Prepare, review, monitor, present to the cities and the County, and facilitate a
consensus on the Regional Housing Needs Allocation housing shares for all the cities and
the County for the 2021 Housing Element;
(d) Submit to the Association of Bay Area Governments (ABAG) for approval the housing
shares for Santa Clara County (cities and County).
(e) Provide a forum for developing a countywide policy consensus, to the greatest extent
possible, on matters related the Sustainable Communities Strategy process of which the
Regional Housing Needs Allocation is a part; and a channel for communicating such
consensus to the Joint Policy Committee of the Metropolitan Transportation
Commission and the Association of Bay Area Governments overseeing the Sustainable
Communities Strategy process from time to time when such a consensus is requested or
required by the Joint Policy Committee.
Section 2. Subregion shall not participate in or endorse any political activity involving any
individual candidate for public office. The selection of officers within Article IV herein shall not
be considered a political activity subject to this section.
ARTICLE Ill MEMBERS
Section 1. The County of Santa Clara and each city which has adopted a resolution of
participation shall be members of the Subregion.
Section 2. The RHNA Policy Committee (PC) of the Subregion shall consist of a member of the
City Council of each participating city to be selected by that city, and one member of the Board
of Supervisors to be selected by the Board of Supervisors.
Section 3. Each member City Council and the Board of Supervisors may select one alternate
member from its body who shall participate when the regular member is absent.
Section 4. If both the member and the alternate will be absent, the City or County, respectively,
may designate a substitute for that meeting and notify CASCC, in writing, of the designation.
Section 5. Any member may withdraw from the Subregion by adopting a resolution and
providing a written notice ofintention to do so to the chairperson of the PC. The rights and
obligations of any such member shall terminate 30 days after acceptance by the PC.
Section 6. If any member, or designated representative, fails to attend two consecutive
meetings, without notification of the Chairperson or the Executive Director, the Chairperson
will notify the City Council or Board of Supervisors to encourage future participation.
ARTICLE IV- OFFICERS
Section 1. The officers of the PC shall consist of a chairperson and vice chairperson.
Section 2. The chairperson and vice chairperson shall be elected by the PC and shall serve at the
will of the PC.
Section 3. Nomination for officers of the PC shall be made from the floor. Nominations shall be
made by voting members of the PC only.
Section 4. The chairperson and vice chairperson must be voting members of the PC.
Section 5. Nominations and election of the chairperson shall precede nominations and election
of the vice chairperson. Voting shall be public.
Section 6. The chairperson shall preside at all meetings and may call special meetings when
necessary.
Section 7. The vice chairperson shall perform the duties of the chairperson in the absence of the
chairperson.
Section 8. A special election shall be called by the Board of Directors if the chairperson and/or
vice chairperson is unable to serve.
Section 9. All officers shall serve without compensation.
Section 10. The chairperson or vice chairperson may be removed from office at any time by a
majority vote of those members present.
ARTICLE V ST AFF SUPPORT
Section 1. The CASCC Executive Director, CASCC staff and contractors shall provide support to
the Subregion and all the established committees.
Section 2. The PC shall have dealings with staff and contractors through the CASCC Executive
Director.
Section 3. All participating jurisdictions will share in the cost.
ARTICLE VI COMMITTEES/ ST AKEHOLDER REVIEW
Section 1. The following standing committees shall assist in accomplishing the goals of the
SANTA CLARA COUNTY SUB REGIONAI RHNA PROCESS:
* RHNA Policy Committee
* RHNATechnicalAdvisoryCommittee
* City Managers Association
* CityCouncilsandBoardofSupervisors
* Association of Bay Area Governments
Section 2. RHNA Policy Committee (PC) - 16 Members, one member from each city and the
county, composed of elected officials. The primary role is to provide initial policy input to the
process, review the RHNA TAC recommendations and adopt a policy consensus for transmittal
to the cities and the County for ratification.
Section 3. RHNA Technical Advisory Committee (RHNA TAC) - 16 Members - One member from
each city and the county. Composed of senior staff technical experts in the field of housing and
land use. Member agencies may flexibly assign different technical experts as a function of the
subject being discussed. However, it is important that there be good communications between
the different representatives such that issues do not need to be repeated or there are no
conflicting positions from the representatives. Primary role is technical development of the
issues and solutions.
Section 4. City Managers Association - Monthly reports will be provided to the City Managers
through the City Managers Association. This will allow ongoing input by the City Managers in
the process. The final product will be presented to the City Managers for their recommendation
to the RHNA PAC for approval of the final product. Primary role of the City Managers is
practical assessment of the issues and solutions.
Section 5. City Councils/ Board of Supervisors - Primary role is ratification of the RHNA Final
Allocation prior to submittal to Association of Bay Area Governments (ABAG).
Section 6. Association of Bay Area Governments (ABAG) - Final approval of RHNA Final
Allocation.
Section 7. An appeals process will be established by the PC in conjunction with ABAG to hear
appeals by any cities or the County that disagree with their housing share as allocated by the
Subregion.
ARTICLE Vll MEETINGS
Section 1. The PC shall establish by resolution the date, time, and place for regular PC meetings.
Section 2. The PC may hold special meetings called in accordance with Article IV, Section 6.
Section 3. All meetings of the PC shall be held in accordance with the Brown Act, Government
Code section 54950 Ct seq.
ARTICLE Vlll CONDUCT OF BUSINESS
Section 1. A quorum shall consist of at least a majority of the members and shall be required for
all meetings of the PC.
Section 2. Except as state otherwise in these by-laws, all decisions of the PC shall be by majority
vote of those present.
Section 3. Adoption of the Final Regional Housing Needs Allocation shall require:
1. consentofamajorityofallcitiesandtheCountyparticipatingintheSubregion,and
2. consentofeachjurisdictionthathasbeenallocatedagreatershareofhousingthan
the ABAG default allocation.
Section 4. Upon adoption ofthe final regional housing numbers, the subregion will
share support for outcome and support each other, for example the subregaion releasing a
resolution, annual report, and press event.
Section 5. Except as provided in these bylaws, or by a majority vote of those present, Roberts
Rule of Order Revised shall constitute the parliamentary authority for the PC.
Section 6. These by-laws may be amended by a two-thirds majority vote of members present
and who represent a majority of all cities and the County.
ARTICLE IX OTHER M ATTERS
Section 1. No member shall receive compensation or reimbursement from PC or CASCC for
expenses incurred in attending any meeting or other function.
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