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01. Mary Ave Rotary Housing study sessionOFRCE OF ADMIld1STRATIVE SERVICES CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3220 • FAX: (408) 777-3366 CUPERTINO Agenda Item No: Meeting Date: January 19, 2010 SUBJECT AND ISSUE 1 Hold a study session to review a potential project from the Cupertino Rotary Housing Corporation (CRHC) to construct approximately 18 to 20 affordable senior housing units within a portion of the public right-of--way on the west side of Mary avenue. This area is currently being used as diagonal parking and an undeveloped strip of land behind the existing curb. BACKGROUND On December 15, 2009, the Council heard a proposal from the Cupertino Rotary Housing Corporation to consider entering into a partnership with CRHC to develop 18 affordable senior rental units along the west side of Mary Aven~ie. Subsequent to this item being heard, the Council set a study session to inform the public and answer questions that arose during discussion of the item. In addition, CRHC has revised and simplified their request for City participation to reflect a more typical non-for-profit housing developer ~~roposal. Staff has included the following information or- this item: 1. Attachment A: Power Point on the pote;ntial project; 2. Attachment B: Summary of Council comments from December 15, 2009; 3. Attachment C: Display ad in the Courif;r; 4. Attachment D: City-wide notice ad for Feb. 2 MOU agenda item; 5. Attachment E: Comparable matrix for ether housing projects; 6. Attachment F: Title report. RECOMMENDATION Hold a study session to review a potential project from the Cupertino Rotary Housing Corporation (CRHC) to construct approximately 18 to 20 ai:fordable senior housing units within a portion of the public right-of--way on the west side of Mary Avenue. roved by: David W. Knapp City Manager 1-1 Attachment A 1/11/201Q .~---_ __ - ~.:: ~ w Rotary Structure Cupertino Rotary Rotary Club Endowment Foundation Of Cupertino (CREF) So~(c)(3) SO1(c)(7) (charitable) (social) 1-2 1/11/2010 r other Rotary Crab Models ~_ .. ~.::~ Novato Rotary: •Nova Ro (, 30 apartments, 1975 •Nova Ro ll, 56 apartments, 1985 •Nova Ro Ill, 40 apartments, 2003 Sausalito Rotary: •Rotary Place, 10 units, 1992 •Rotary Vllage, 22 units, 2002 res ~~,..=_~~...:~,..°'T•f--_ "fin }sn-.y ~ M+•'a#~~ .. x. a ~:,:~,~.r •:. x~ Mary Avenue Village Project: • i8-~.o single story attractive and affordable senior cottages along tree-lined street and green park spaces. Features: • Wallcable amenities to Cupertino Senior Center, DeAnza College/Flint Center, Memorial Park, and Local Businesses as well as public transit options for seniors Cost: • Estimate of ~5-6M 1-3 2 1/11/2010 Small Cottage Housing Concept . •Craftsman look and feet • Single family • Efficient use of space • Greenscaped ~`; ~~' ._._._ _ ., r s3-SC~ _..... Mary Avenue Site i/3 acre will accommodate z8-2z units of small, 800 square feet, affordable senior housing. 'r ~~_w s 1-4 3 1/11/2010 Cottage Views r, .. :_. :.. .. .. f.. t. r _..Y'_. _... f... 1N!!~S~P~~ii•_.._~"5i1c1lS~~S~,.S~L~L`.3~!l$2=1~11R.:.~~.Xll~ty?4. _ - . _ .,. 1-5 ~ 1/11/2Q10 ~ ~ '~k ;~ \\„ 2'+«. .K~. :: ~~ 1 ~.~ -~ ~. ~. "..»~ i ~~'_~. -.. ~y-'J~.rY~.~.. ~."~J~~^`2~!S ,.I"MO" Tu]LM2YV~^'SL`SxS~°SSa ~:~ a Ll-'. -.F l-~..~--~- _ _ ~itional Bene its o a~~_ Avenue Site ~ Avoid School Impacts Re-stripe Mary Avenue into a slower and safer 2-lane neighborhood street ~ Provide parallel parking and bike lanes ~ Add trees and greenscape 1-6 5 Aeria I View 1/11/2010 How it Works • CRHC builds, owns and maintains the property; • "Rents" are used to pay down development costs, future revenue in excess of expenses goes to CREF for charitable purposes to be used back in the community; Housing fund restrictions will apply • Eligibility requirements and other criteria still to be established with assistancf~ from West Valley Community Services • Cupertino residents receive priority as renters. Community Concerns • Parking • Traffic • Air Quality • Property Values • Quality of Maintenance • Senior Housing Needs ~_~ 6 1/11/2010 - - -!--Fem.-'.°x-.^=: .___..k......_.... _ . -' _.. .. .. ,~. ..~..... ~~~z.......» Parking • Per DeAnza College representatives ample parlting is available on campus for students/visitors. • Occasional overflow to Mary Avenue is for free parking seekers. • Most stalls north of The Oalcs used by buses, big rigs, etc. • Annual Festivals at Memorial Park have decreased - Current: Lunar New Year, Cherry Blossom Festival, World Journal Festival, and Diwali Festival - Old: Olctoberfest, Moon Festival, Art & Wine Festival. DeAnza Parking "Thanks to our local voters who supported our Bond Measures, DeAnza College now has sufficient parking on-site to meet the needs of students and employees:' DeAnza Coi leggy Donna Jones-Dulin Associate Vice President Educational Resources & College Operations __ _~ :--~. 1-8 7 1/11/2010 --ems ~- ~,,;~a"~ s-: rn..~v es~,~~~_..~,~r~-+~. rs e~ _..... r -r - ~. ~:: __ :: - ' ... . Traff i c • Seniors typically drive less - no children, retired, or work only part-time. • Small homes with single pf1ople living in them (vs. single family homes} may generate less than half the traffic of single family homes. • Easy walking distance to senior services and bus lines may reduce car use. r,..__ _.- - .. .. Property Values • Architectural standards an~~ adequate maintenance also strongly influence pro~~erty values, particularly as they apply to affordable rer.~tal properties. • Properly maintained affordable housing developments, designed anal built with sensitivity to the architectural and aesthetics standards desired by the community, may even increase property values. 1-9 ~ 1/11/2010 Quality of Maintenance • Rotary seeks high quality of care for building and grounds maintenance. • The look and feel will mirror Glenbroolc Apartments. • Owners {CRHC) is a locally invested partner in community. Senior Housing Needs • io,ooo of Cupertino residents are age 5~ and older • 3,60o are renters; 62% of seniors pay mare than 30% of income on rent • 821 currently Iive only on social security; 250 live below the poverty line • Cupertino has only ioS subsidized affordable senior apartments • z5% on housing waiting list at WVCS are seniors 1-10 9 1/11/2010 c¢rx ^-.w Y:..r:c..- .~.. ~r: ra.-~tz~ t: ~r::in =.-:'sue=~ _. _ att. _..-... c_S_ v -~ i` - _ ~~ F. .. ~_,. er, .-. , --y'T+r Need for Senior Housing "At WVCS we have seen a dramatic increase of seniors requesting and qualifying for assistance. Many seniors are "cash poor" and Iive on fixed incomes...which do not rise v~rith the basic cost of living. Affordable senior housing is a critical need in our community." Na~,~ Nakara Matswnotq ExeaAive Director. YVest VaAey Commuti~y Ssri+ces :wErd~ ..:c:5tr_Y.~.:d.4`44a4~~~dl~~:.4.~%ti.'95i~i~~lit°r.A:-~Sli'~it47ti. complishment o i y_ -_..~unc Goals & objectives • General Plan - Transportatio~l, Medium Density Housing and Park Site objectives; • Housing Element -Affordable Housing objectives - An adequate supply of residential units for all economic segments {Section'7.a) - Program 5: Finance afford~ible housing projects - Program 8: Develop a list of surplus/underutilized property that have the potE~ntial for residential housing Y 1 - 11 10 1/11/2010 .µ :>:~. mplishment o i Y oun ~l Goals & objectives • Implement Wallcability Concept; • Promote Green Projects within the Community; • Install Traffic Calming Opportunities; • Promote Beautification Projects; and • Pursue Community Partnership Opportunities. i~ ,..~..~ ~. wr__ ~.. - _. ~~ ~~ ,~ _. .,u =~ --- _ .......__... City Contributions • Donate or lease the surplus land area through abandonment of a portion of the right of way; - Rezone land to R3; - Clear Title; - Place deed restriction; Give first priority on undesignated housing funds for this project; 1 - 12 11 1/11/2010 ___..__ .......... L .c ~ - s..~ "s~ _ -~ Y~r~cn issa '3'" 'j,~ r.av'L.~~ ~ a ..~ ~. / 'fi't' ,~~...,~..v.J .. } ': ~,~ -ASR" -~ ~-. b CRHC Contribution • Provide i8-ZO single story attractive and affordable senior housing units. • Assemble funding of approximately ~6 million in grant funds, donations, permanent financing and other sources. _~, .~ ._ ,r ~__:::~~~ _.. ,. ~~~ .... _ - .. . _. , -_ 'fir.-.,- _.-s"~~,"_= CRHC Goals • Authorize CRHC to proceed with the application, • Approve a Memorandum of Understanding between the City and CRHC on February z, Zoio. 1-13 1Z Mary Avenue Village Senior Housing Project Council Comments for MOU December 15, 2009 Comments Chan Mahone Santoro Wan Won Status 1. Deed Restrictions on Land X Restriction inco orated into MOU For Senior Housin P oses X X X X X 2. Lease Land X X O tion inco orated into MOU 3. Donate Land X O tion inco orated into MOU 4. Re wire studies for: a. Air ollution X X CRHC will a for and erform all re wired studies b. Noise ollution X c. Parkin X X 5. Public Notification a. Residents b. Other non- rofits X X City- wide X City- wide 1/19/10 Study Session-display ad in Courier (Attachment A). 2/2/10 -- city-wide notice done for MOU a enda item Attachment B). 6. Ci Contribution X X X X CRHC askin onl for housin rants 7. Narrowin Road X Road width will be required standard 8. Cost benefit for project X X X See comparable matrix for other housing contracts (Attachment C) 9. Title report results X Title report attached. Referred to City Attorney Attachment D T,fl. A Cost estimates for waived fees X X X N/A - CRHC is only asking for housing money at this time. They will ay for all fees. rt w n m On January 19,.,:.2010, the Cupertino City; Council is holding a study session to review a potential project from the Cupertino Rotary Housing Corporation (CRHC) to construct approximately' 18 to 20 affordable senior housing units within a portion of the public right-of -wav on the west side of Mary Avenue. This area is currently being used ns diagonal parking and an undeveloped strip of land behind the- existing curb. For additional information, please contact Leslie Gress at 408.777.1356 or IesliegCcupertina.org. .~ .- . ~ n rt ~ ~ ~ s N m rt n On February 2, 2010, the Cupertino City Council will consider a potential Memorandum of Understanding (MOV) with the Cupertino Rotary Housing Corporation (CRHC) to make land available to construct approximately 18 to 20 affordable senior housing units within a portion of the public right-of-way on the west side of Mary Avenue. This area is currently being used as diagonal parking and an undeveloped strip of land behind the existing curb. For additional information, please contact Leslie Gross. at 408.777-1356 or lesliea@cuper#ino.org. City Council Review of MOU Tuesday, February 2, 2010, b:45 P,M. Cupertino Community Halt, 10350 Torre Ave (next to the library) LIVE Web Cast: www.cupertino.ar /q webcast Please check the City's website at www.cuper#ino.orq/MASH prior to the public hearing far updated information in the event of any changes and/or any additional follow up hearing dates. r - ._ ~~:. . ~, ;^ ..._- 1-~_ CITY OF CUPERTlIVO Mary Avenue Village Project Attachment E Comparison of City Contributions for Other Affordable Housing Projects West Valley Community Services - Vista Village 24 units of affordable multifamily rental housing; Serves approximately 72-80 people; City Contribution $2,705,207 plus transfer of 7 Sprinl;s land valued at $650,000; Total $3,355,207. Total project cost $7,000,000 ($255,000 per unit}. % of City contribution = 48%. Cleo Avenue 4 units of extremely low income ownership units; Sf~rves approximately 12-16 people; City Contribution $246,801 plus purchased land valuE~d at $615,000; Total $861,801. Total project cost $888,207 ($222,052 per unit}. %oFCity contribution = 97%. Maitri dour- plex in Cupertino to provide transitional housing for victims of domestic violence; Serves approximately 16 people; City Contribution $800,000; ' Total project cost $1,992,000 ($498,000 per unit}. % of City contribution = 409'0. Senior Housing Solutions Single family home in Cupertino providing congregatf~ living for seniors; Serves 5 people; City Contribution $1,080,000; Total project cost $1,270,000 ($254,000 per unit}. % of City contribution = 85%. 1-17 rtov 30 09 01:25p Kathy Hollis 40721921 `-~' ~ , F~i~~.li~ . ~ation~,l Tit1~ dam ~ ~ ~ ~`~tEL~ArTA~tY ~t~PpRT In respartse to -the applicattan for a j~olicy ojtltle 1»surance refercncecl , Company hrrchy reports that tt is prcriarcd tv r'.ssue, or cause to bE isxucd, a policirs vftitle insurance describr'ng the land and the estate orinterest there, a~~uir,st loss which may be sustained by raason ofany defect, lirn ur erecutnbr an exceptia>7 heron or not excluded from cuverabv pursuant to ilia prin. S'tipulationx ar Cc~ndtttons ofsaid policy farms. The printed Rxceptions and lrkelu~iuns{Jram the covarage and Limitations ar policies arL set forth in Attachment One. The policy to be issued may contain Rmnunt of Insurance is lcsx than thrxl set forth In the arbitrattnn clause,. arhitrated at the option of ether the G'omparry or the !neared as the ex lamitations ort Covcrrd Rislts~ applicable to flee CL7ii and AI.TA Homeown which establish a lkductble.4r»aunt and aMaxfmum Dn1larLimit ofliabili set forth in ~tttpch,nant vne. Copies a, j'the pr~llay forms should be rcau! ?he which issued this report. This rapart (and any +uppl~ments or amendments herctvJ is issued solely fi,, issuance of a policy of titta irtse~rancc` and no lipbility Is assumed lecreby. assumed prior to ilia issuance ofa policy of title 1na~uranee, a Binder nr eon { The policy(.(} t~f title insurance to be issued hereunder will be pallcy(.s) ofT Company, a C:altforntb corporation. Pleases rend 1kC arr.epllons .shaw,r or preferred to heron and the exceptiv; Attachrttent (fret of this report carefully The exceptir,ns and txctttrio~ are, of matterx whiel, are not covered unrtcr flit trrtres of the tntlc inSt~rant~! cansid~rCat It is i~nparlant to teotE that thiYlirelirtllnary report is not a »rtterr rtprrxc-et~ and may nr~t li~r# all-lierr,~, def~ts and e~cunrhrarrees affedinb~ ti#tc to the le FidlNlt}f I ~~ •r ., $~-~ ,~.~ r~ ., rr COUetbeT5ig11e'.d i ~ CL Attachment F mein, 1~<delity Natioteal x"etlr of the data hareof, a policy rr heretnajtarset Earth, Jrrsuring nce not shown ar rc (erred to as d Schedules, Conditions and :overed Risks afsafrllivllt~!pr y arbitrativa clauses Whur the !1 arbitrable mattr~rs shall be 'ustve rv,nedy aj'the, parties. ~'ar policies of Title Insurance for certain coveragesare also cite available tram thc• office the purpose o, ffa+.•lttating the rit is desired that ltabtltty be esltmentshoultl be rcgutrsted Nattorial Titlri lnsura>rce and orclusiart~t set forth en ant to pe~ovldeyorr with rluticc Pcy and should ,br c~rrfally. . os to the corrdFtiatt' of tulle ~oAUI Tf#1'e Company. I -` ~P6~1 t sow- u~ivi~ros~. p.2 1-18 hia~ 30 09 O1 : C5p Kathy hle I I f s 4D uls~~Ir Us or- o:,ir wekslte rv,-w.~nc.com ~id~~it~ ~Vatlbt~i~~ ~'i~~e Coy ~T53:i/t/NG Q1~7R'IQFn 2099 Gaitlw2iy Pla~re, Suite 100 • San J9SC, t !40$ 436.2700 • FAJ; 408-573-7175 FORSFtI"LFI~lENTXNQIJ~Rl~fy CiOwI.aCT.• Fitleiity nbfsonil Title (br 10300 5. E1e!Anxa BoWevartl, Sate A -Cupertino, CA 9S0 908996.7177 • FA); ~ 252.8029 P~'t,ELIMXNAR,Y REP'CRT Escrow Officer; LUtI Fredericks it?CBte Na.: CAFf\i Escrow Na.: d8-a02933I3-LF TO: City df Cupertinp IU300 Terre Ave Cupertino, CA 95014 i i AT7N: (;ail Seeds PROPERTY _ADDI~ESSp Vacant land and~ortion of_Nlary Avent~ Cuperti Ei~CYlVE DATE: lNaveml~et• 26, ~b08, 07:34 A.NI. The farm of pt)fK.y or policies of dde ln~rance canieimplated by this repoR i i j 1. THE ESTATE OR INTEREST IN THE LA>•10 HEREINAFTER QE$CitIBED THIS' REPORt IS: A Fee ji. 2. TIRE TO SAID ESTATE OR IN'h"EREST AT THE DATE HEREOF IS VE C'rly of Cupr:r9ina, a a+uniclp~l oorporatian i 3. THE LAND REFERRf:q TQ IN T~tIS REPORT IS E)ESCRI@EO AS FOLLI f SEt: fXttIBIT "A" ATTACHED l~ERETO AND MAID A PART HEREOF 1 721921 95110 • Cno SHORT'i"ERN! RATE: REFERRED TO COVERED. BY IN; PM~P`M ` 12J03J2[106 p.3 ~o+elin+irwv.aeportram+ a~i~t1uiriad):: 1-19 Nov 30 08 01:25p ~~~ 4IIt~9721821 locate No. u~cAt aESCCat~naN Kathy NeTlis i E exEUlaN ~a« THE LAND REFERREp TO HEREIN BELQW IS SICUATI:D IN THE CIlY OF ~1ARA, STATE ~ CALYFORNTA, AND T$ DESCRI6ED AS ft'3LLOWS: I PARCEL. oN>r: A portion of those parcels of land desa`ibed in the following two deems to State Deed Np. 13b28 recorded Ocba4er 16, 1964 in Book b704, Page t recorded ]uly 24, 1962 in Book 5656, ; age 581, and a portion of land dE t7rder of Cnndemnatbn, .recorded Aprils 5, .1968, in Volume 8081, aC Page Cara County, described as a whole as ~ollows: CdMM!_NGING at the Scvtheasterly tee PARCEL 2 of Final Order of Condemnat feet, thence along a tangent rune to t arc length of 313.87 feet; thence S. i Slong a tangent Curve t0 the left with 10.3i`feetto the property fine wmmo. Title Company, a carporaaon; thentae a to the. rght w#th a radius of 90.00 fe $°43'49" W., 28.45 felt, N. 3°3Q'S1" V #xars N, 1°44'13" w.; along a curve to arc length of-38.78 feet to the--goner Cupertino, n~orded August 6,1968, in along -last.satd tine, from a tangent t 2082.00- feet, through an angle of 27°: to the point of oDmmenCement~ D(CEPfINS; T'i1E1tEFttOM, that Certain t corporation by teed recorded Novern# fiDll0~n-5: B!~GINNINGsat 3 point which lies at the in Parcel: 2 Of Deed No. 13528 t0 the Records of Santa Clara County at Pag 6°43.49" West 28. i9 feet to a point in tR by Deed: rcxotded 3uly 24, 1962;. ih Boy abng said Easterly [ine North 4°24'23" 1 No. 1362$; thence abng the last wren tangent that bears North 4$°45'48" W~ central angle cf 21°45'20", for an arG le South:17°19'59°-East 245.92 feet; then the left with .a radius 4f 100:00 feet, th point of Cusp; thence from a :tangent... radius of 90.00-feet, through: a txntr beginning: ALSO i~CEPTDVG~'t•F~iEREFROM, that a November 18,:1971 in Book 9595, Page BEGYNNI]~IG at the point of commencers . reCOnded in Bopk 8217, Otl`rcia! Reconds an arc ler-~trt:Of 33.715 t+eCiw men leaving:sa~d Easterly Itne from a rims of that course described as "S:.3 ~n; thence S. 56°34'35" W.,135. i3 for a-right with a radius of 3000.00 feet, f '25'54" E., 832.01 feet; thence S. 1~ radius of 100.00 feet, through an aM to the hinds, npw Or fomtery, Of the: Ong saki tine from a tangentthat boa v through an angle of 0°28'55", an 352.40 feet, N. 3°50'39" W., 222.6 he left wide a radius of 2082.00 feet; t f Westerly fine of PARCa i of Refint look 8217, at Page 613, Officio F Itecor at bears N. 2°45'15" W., abng a cu l'S2", an arc length of 1004.66 fit, a ion thereof Conveyed to the St 1.$, 1971 in Book 9595, Page >utherly end of the course describe !te pf Californi$, recorded Octobe 6B9, thence from-said point of be F_aisterly lint Of the parcel df land c . 565b, Official Records of Santa-C fit, 35259 feet to a point tm the Shed Easterly line North 4°45'55" t along a curve to.the right wiCh a South 16°x1'15" East 362.51 fi ugh a centraFangle of 5°54'22" rich bears North. l0°06'49" vt+e angle of 0°28'55; for an arc fain portion thereof wnveyed tD B~ 41$, OffiCfbl RecOrdS, described ~ tdestribex! in that certain Santa Clara County; at Pa ~ 1 of ~ No. 53628 fo Sarrts Cram Cvontv.at,Pa i i !:... 2. Title Na. OS-~4gx93?8 COt1N1'Y OF SANTA State of California: end State. Deed: No. At=20668: red _as PARCEf..2 of that:Fir=al ~Il of Official Records Of Santa p.f °50'07" E. 493:52 feet" #n said thence S. 22°25'3" E;, Z34.Z6 rough an angle of 5°9'40", an 1x10" ~., 362.51 feet; Lhfilce e of 5°54'22", an arC'_ler~th:df Cate of Ceid`omia and of Valleti N, 9°12'44° W:, alag a,curve length of 0:76 of a fnot,. nl fleet, and from a tangent that rough an angle of i°04'02",art' ~ishrrsan# No: 31366 t0 Crtj- of of Santa Clara County; thenr.c ~e to the left wilt a radius Of d N. 30°2ror` w., 173.40 feet Deveippment Cor'poration.a Pfrcial Retbrds, described as "N. 8°43'49" W., 28.x:9 leer` 1954 in BAOIc 6704, 'OffiCfai ing abng:.sak! Course.North fed to~the-State of Car~or~nla aunty at Page 581; thencs~ y title of Parcel lof said C1e~d along a tang tcurveto c stength of 10 31.feet to a cuNe to the right with a. 0;7f. feet to the poiriC Of y, et ux bYs hoed rect~rded of.Highway R#gtlt~f way thence from said•point of . fOrnla, recorded October.: angent L~idL bears Soutlt:.~ rra#angleof 1°04'D2 ~;1<~:: East X7:71 Peet; th~Ce. , `ctary~e to the righ~witfi a..: rtet~mi"a-r ~ venn • MedHioa tit/i7/06Y 1 - 20 Nov 30 09 01:25p Kath9 Nellis 408721821 p.5 EXH16Y't' "A" (condnuec0 ! Tide No. 08=402932a Locate Na 3-C9a3-0004.0004029328 radius of 458.OD feet through a oentrril argyle of 1$°49•'04", for an arc of 14:76 feet thence tuarth 17°19'59" West 647.03 feet; thence along a tangent Curve to the right with a dius of 958.00 feet,'througti a central angle of i5°48'00" for en arc length of 28''4.18 feet to a poin in the Westerly lit'te of said Relinquishment; thence abng said Westerly line from a tangentthat bears th 31°12'98" Eastabng a curve to Cite right with a raai~s of 2082.00 feet, through a central angle of 27°30'2$" far an arc length of 999.57 feet to the paint of beginning, PARC>~L 'TWO: t3EGINNIN~ at a point which lies at the Eastery end of the course described "S. 89°11'55" Ey 169,68 feet" in Parcel 1 of the Deed Nd..i362t3 to the State of Califocnla, reGnrdc*d Otto 18,1984 In :Hoak $704, f7fficiat Records of Santa Clara County at Page 689; thence frari said paint of begin ing South 4°tl6'00" >=ast 12:00 feet; thence South 89°54'00" west $3.~3 feet; thence F~ianq a to t cu to ate right havinq;a radios of 542.00 fa~et, through a central angle o~ 41°20'32"., for an arc length of 391.0 feet to a point m life Eastei~y line of-said Deed; thence along. Said Eas~ery Gne North 4'045'56" West 138:41 et; thenco'leavi said: F.~steriY tine from a tangent chat bears. South 38°04'03" F.asC, slang a curve to-the: with a radit~ 458.00 feet, through a central angle of 13°59'29", fbr an arc length 0f 1i1~84 feet ~ a ~ nt in the aoutheriy+ line of said Deed; thence. abng said Southery Bne ifrarr, a tange~ that bears South 39" 00" fast abng a curve tsi the left with a radius of 4$5.00 feet, thraug~ a central angle: of 51°03'00", for an rc length of 43x.85feet to the paint of beginning. PARCEL THREE: BEGINNING .a..t: the South+~est~ery .corn ~ r of net Farrel "A" as said parcel is own on that oertatn ;Record` of . Sunrey;recofdrd in gook 232 of Maps t Page 12, Santa C3ara County - . s; thence from saidpornt of beghtning a1o+~g the Eastery Ane {futtf 'street line) of Mary Avenue as said A nue iS;Showri an sand Record cE Survey from a tangent that bears.NOrth30°1,7'29" wesE abng a cenre ip the with a radius of21G5flO f through. a central angle of 0'4249", far~rn arc lengdr ot`;t6:97 feet; tfienc~:CO. ; inning abng said f=aste~iy line . North 31°00'18" west. 49.95 feet, titienc~ Gbrltiriuing along said EaSt~iy Itne a;, ng a ~ngent turve.to the right with a radios of 3S$.Q0 f~, thrvugtr al central angle. of 30°58'44", for art a length of 193:57 feet; thence leaving said.EaStery. fine. South 0°01'3" Fast 238,67 .feet;. thence slang a n t curve tip the left with a radius of 958:00 feet, thnyugh a cent '1 angle of 0°41;tS' for an acct length,: 11.59 #Eet to a poirlt:tn the westerly pnsbngatian of the 5outherty line of said Parcel "A"; thence abng sa probngatfpn South 90°00'00" East 90:44 feet tsy the Pgirrt of Beginning. ~ APN: 326~27~030 3 ~. Mov 30 08 Ois26p Kathy hiel?lis 408?21921 p.6 i i Locaoe No. C AT THI: QATE HEREOF, I'~MS TO B~ C4NSIDEREO AND ttXCEP1Y~iS TO THE PRINTED EXCEPTIONS dN© Dr:CLUS><ONS IN SAID ipvl F41tlOW5: j 1. The Ilea of supplemental taxes, iF any, assessed pursuant tb (Corrimencing with Section 75)'of the F~evenue and Taxation code o~ 2. Rightx bf the pttbl~ as to an~r.portion bf the land lying within the Avenue. r7. Tbb fact that-the ownership highway, or freeway abutting tZ>'rcorded: 4cto Reco Affect: that said land does not include rights i d land, such rights having been rei 16,1964, Instrument tva. Z72S2Z5, Lion of said land as described therE a, 5. The fact that the ownership Q~f said land dons not include rights highway, or freeway abutting skid land, such rights having lxert re Retarded: April 5, 1968, Instrument No. 3395646, Rexbr~s Affects: that prbrtion of said land as described then t ?'Irta feet that the dwnex5hip ~ said land does-not .include. rights highway; or freeway abutting skid land; such rights having rr» Re4grdr~i: AR~~ ' 1968, Ynstrument No. 34617'15, Affects: that. ptution of said land as described that TrdC No. OB-402937 itiAdiE INADDIT>CON r FORM :wout.D lay: as provisions of Chapter 3:S State bf C;~pfornia. comrnoniy known as Marys access`to or from the sEreet, luished by the document, yok 6704; Page 688, of OPIiCial pets to oc f[Cm ttie .street, shed''by the docurrient, 8881, Page 52, of Ctflicial `access tid or from the stcee>, is quistied by the:'docurrent. k 8217, Page 613; of QiYfcial. 6. .The fact'that the avimtrship of said land does not include rights aeoess to ar fcortt tie street, highvra~r, or freeway abutting sbld'land; such rightx having been reG uishetf by the document; Recorded: Noverrlber i8,-1971, Instrument No. 4139 ' ,Book 9595; Page 375, of Offcra~ Rec.DrdS . Affe~s: that portion of said land as described therei 7, Matters contained in that cepr~'7 m Unrecorded Agreement dated- M 17, -1971, e~ceCUted by and between qty. of Cupertino, the 5toneson Devetapment Corporation,.. d L --Burt Aviary and -M$rion 4':: Avery, as disclosed by tef~rcrtce in the: Corporation Grarrt Dead es1 November 18; 1971; Instrument No 4139554,-Bontc~9595, Page 440, ~ OFPiCia1 Reoprds 'h~ch document:, among gCher th'sngs, aDntbiriC Or provides for Tennis and conditions:as contained n Reference is hereby- made ta.said dbcumertt for ful[ particulars; q !_ .... 1 - 22' . NoV' 30 09 01 : z6p Kathy Ne ] l i ~ 408721521 r ~~: t .~t~MGM} ~ i ~ f NIG.I~Y ~V4'rV47.7~~ :' 1 Locate No. NT0943-0943~0004000402932$ _.. I i i - t3. water riShts, claims or ti#ielto water, whe~f+er or not disclosed the public records. • ! 9. Easeme~s or seevitud+ps appearing in the public records. ~0. Leases, grants, exceptions dr resenratians. of rninerats or min l rights appearing in the public retOrdS, 11. Matters which may be disclosed by an inspection and/or by a Ca ALTAJACSM Land Title Survey of said land th8t is satisfactory>o this Company, and/or by inquiry of t;e parties in possession thentoF, x~. Ilriy easements not disclosed ley tlZOSe publ'~ n~ords which irr~rt nstructive notices asta mat~xs affecting titie to real property~and whidt are not visible and apps, nt from an.lnspection of the:. surface of said land. . p.7 i ENO QF ]TENS Nolte i. The current owner does; NOT qualify for the ~20.t)Q distaun' ;pursuant to the coordinated stipuk~Red judgments enured in actions filed by both .the Attu ney General and private'dass action plaintiffs far the herein described property. '~ Note 7. The charge for a policy of('(ti~e insurance, when issued through Istide-order, wll 4e based on Lh~ Basic (not Short-Term) Tile Insurances Rate. Note 3. There are NQ deeds.affe~ing said Isnd, re~:orded within'twenty' our (24}-mrmths of the-date of this report. f Nate 4. If a :county recorder, title linSUrarice comp~~ny; escrow company' r+eai estate brotaer, real estate agent or association provides a copy oP ~~ declaration, go mq document, or deed to any per5gn, Galifom+a taw rcglriit'es that the da:ument provided-steal 1n.Ciude a statement regarding coy unlawful reSYrictions. 'Said stat~nent ~~ tb be in at least i~- irft ttald face`type and rraay be stamped on the first page of any document provided or includ as a cover page 2ttached<to the requesCed docurrrent»; Should a party to this transaCtidn; oast a copy of shy document- repcarted herein that fits t~iis Category, the stabemestt is td be in uded in the rnannerdescribed. l .. 5 i A PRGrnh~pry Repaie Fum+ > Mod~bed (il/l7JOG? . 1 -. 23 si.. . fVov' 30 09 01 : 2E5p Kathy Ne 1; i i s 408 721921 i I N01ES: tconEirfued) ; 1'~ NO.Of3-~AOZ93~. Locabe No. x943-0943-Q004-0004029328 Nate 5. Wiring instructions for Fid~lity National Title Company, Cupertin , CA, are as follows; Receiving Bank: Wells Fargo 7~7 WASllire 81vd., 13tfi Floor lb~ Angeles, CA 90017 ABA Routfn9 No,: 11000248 Credit Account Name: Fidelity National Title Company -Cope `no 10300 S. pe Anza Boulevard, SulOe A, upeREno, CA 95014 Cretfit Account No.. 41J45002)'72 F~rpw Na.: Ol;•40?98273-1F TF'-ese wiring instructions ire for this specitc transaction involvl the Tige f)epart~tlenE: of.the San dose office of FdelityNatilaic:nal Title Company. Thew instru ' 'ons ti7erefore sttouW not be . used ;n other transactions without first vC:rifying the information ith our aaoun6ng depa,trnent. 1t t5 imperative tI~#the wi~ tthct be exactly as indkated. Any nevus infpcmatbn rr~y cause unnecessary delays in Oonfirming the receipt of funds. Nate 6. Any document, being r~c~cuted in Conjunction with this tt presence of an authorlu~d Company employee, an autho authorized employee of the Ensured lender, or by using Bane service. If the akstyve requirements cannot be -~, pfearse provided in thls report. _, END OF NOTBS b. p . Ea pon must be signed in. the empkayee of an agent, 8t1 r: other epproved ihir~d-party ~e company at the numiier R~wt FOmr • M«r~d is ys~~os~- . 1 - 24 m aoti".oc~.•~, rtl ar;i +ao ~ rti ~ waw »;_: ., 1 S N t o "'~3 !~ ~~~ :csi tltl-^n 3~ q .~ t lt'3~ ~y.Yi'y ncK `("b3d ~~'llKl~. .yl ~ tf,ts"- ~ ~ r .. ,,,~..,~•~ ,, f- ~ 1 1~ ;~ ~_____.~, _ ,:.:. s .~ ~ ~_-__. ....._...._.___._.._..._.._ .............._. _-._._.-_... ___ __~ns__1.._ ... I ~ ~ - :._.._..__..._ I ~ 1 ~ ., ig ~ ~ ~ ~~ Y ~~ I ~ + Hsi % f ~r / f 'l9y ~ai6 1 i ~ Y~V 'JY 29 Imo! /~~ ~:~ Z!V'il i~ < s I'ssa ~ !Z j ~ ~ ~1 ~ ~~~~pp ~ ~ .. i1 - a ~ ~ Y :O8 tliiM d0 113.' = / ~ ~. tc .~ Y ~I , ~ Tfil APS}10lILD E~SED FCR REFERENCE PUEtPdSI~SONLY. NO ~IA8IUTY m L~ ~Z£ IS UltEO FflR THE AtCURACY ~ THE OATASHOYYN. PARCEL9I~AY NOT •~ ~~ ~ ~~ COMPLY 1h'f'iH LOCAL 3lIBDfVi510F1 OR B1fILD11JQ ORD1FlAHCES. Q YtNMQl17Y "JIiNDe~ YUY1.1 YLMY6 YOC67iiY ~ISN•1D~ JO l~IdlO Z \ J 1 j~ ~. ,~ note 3u a9 ai:25p Kathy Wallis ,~: FAX Cf~VER SHEI~T T~: Kathy Xtobinson Fax Na. 408,550.8'339 ~ta1VX: Kathy Nellis Fax No. 408:972.192 t Phone No. 408:972.1921 Cellphone 408,221.5797 SU>3.TEGT: Mary A,veaue Senior Housing Cuptrtiiao Rota~sy l~ousiitg Corporatioa 408'' 721921 p.i EXHIBITS BEGIN HERE ~~/i-19- to ~ ~ s~bvK~t{ea ~Y l7u.rfel L_Lrvv~ WE HAVE NO OBJECTION TO THE CONCEPT OF PROVIDING SENIOR HOUSING. WE ALSO COMMEND THE ROTARY CLUB OF CUPERTINO FOR PROPOSING THIS PROJECT. HOWEVER, WE HAVE SOME SERIOUS CONCERNS REGARDING THE UNDERLYING ASSUMPTIONS OF TH1[S PROJECT AND THERE ARE MANY INCONSISTENCIES. WE WILL- PRESENT OUR RECOMMENDATIONS FIRST IN THE LIMITED TIME AVAILABLE AND THEN TIME PERMITTING, REVIEW THE REASONS FOR THOSE RECOMMENDATIONS. #''I WE RECOMMEND THAT AN INO~EPENDENT FINANCIAL IMPACT ANALYSIS BE DONE TO DETERMINE THE ANNUAL GENERAL FUND COST TO THE CITY FOR 1~ROVIDING SERVICES TO THE PROJECT AND ITS RESIDENTS BECAUSE AS A NONPROFIT THIS PROJECT W[LL NOT BE SUBJECT TO PAYING PROPERTY TAX. #2 WE SHOULD HAVE A PRECISE (ESTIMATE (.A OXYMORON TERM) OF THE CAPITAL COST (MARKEET VALUE OF LAND, FUNDS FROM ALL CITY SOURCES, SITE: PREPARATION AND IMPROVEMENT, IN KIND SERVICES SUCH AS WAIVED FEES) BY THE GITY_ WE RECOMMEND THAT AN INDEPEINDENT FINANCIAL IMPACT ANALYSIS BE DONE REGARDII~IG THESE CAPITAL COSTS ON THE CITY OF CUPERTINO. #3 THE CITY SHOULD RECEIVE A FFINANCIAL RETURN BECAUSE OF ITS SUBSTANTIAL CAPITAL PARTICIPATION. PRO-RATA DIVISION OF PROFITS BASED a~N CAPITAL CONTRIBUTIONS. #4 THERE SHOULD BE A CAP OR 1_IMIT TO THE CITY FINANCIAL CONTRIBUTION. DETERMINE 1= INANCIAL RESPONSIBILITY FOR UhIDERFUNDING OR COST OVI=RRUN. #5 THE CITY SHOULD LEASE OR ~>ELL THE LAND @ FAIR MARKET VALUE. , ~h~s ~o(~E-cc~ `~f~~~M f P v<~ju s Co u vtc i ( vr~~ e-~i ,r~q WE CONTINUE TO RECOMMEND THE PREVIOUS 5 RECOMMENDATIONS. IN ADDITION, #6 WE RECOMMEND THAT AN INDEPENDENT FINANCIAL ANALYSIS BE DONE ON THE 'I YEAR OLD BRIDGE HOUSING PRO-FORMA ANALYSIS AND COMPARED WITH THE RECENT CHARITIES HOUSING PRO-FORMA ANALYSIS. #7 THE 3 FINANCIAL ANALYSES COULD BE COMBINED_ #8 THE INDEPENDENT FINANCIAL ANALYSIS SHOULD BE DONE BY A FINANCIAL CONSULTANT SELECTED BY THE CITY AND THE FEE SHOULD BE PAID BY THE APPLICANT. #9 COMMISSION AN APPRAISAL TO DETERMINE THE FAIR MARKET VALUE OF THIS PROPERTY FOR THIS SPECIFIC DEVELOPMENT PLAN FOR THIS PROPERTY. # 1 O REAL PUBLIC/PRIVATE PARTNERSHIP #' y 1 THE CITY COUNCIL NEEDS TO DO ITS DUE DILIGENCE TO FULFILL ITS FIDUCIARY RESPONSIBILITY `th~~s po{-t-~av~ ~d~ mea+~v.c~ of i-Iii-lo :~ ~~ Linda Lagergren From: nadeane@aol.com Sent: Monday, January 18, 201 O 6:26 PNI To: Kris Wang Subject: Senior housing proposal for Mary Avenue Dear Ms. Wang, Unfortunately I am unable to attend the public hearing scheduled for the proposal for senior housing on Mary Avenue. However, I do want to share my concerns. In reviewing the broadcast of the December 15, 2009 city council meeting, I found several concerns raised by individual council members to which I would like to respond. Public notice of this proposal: The first notice I had of this proposal was the sign erected along Mary Avenue regarding the public hearing scheduled for January 19. T!he time is listed as 3 p.m., a time when fewer people in the neighborhood would be available to meet. This is ~~nrhat prompted me to check the archived videos of previous council meetings. When lack of public notice vvas mentioned in the council meeting, Mr. Mahoney referred to a recent article in the Courier saying it constituted public notice. It was a "brush off" comment. Presentation of the proposal to the council: Mr. Santoro questioned (rightly) why this proposal was being considered before resuming old business. Ms. Wang's reason seemed not well considered and vague. Mr. Lowenthal commented that it was before the council to learn what requirements the council needed in order to consider the project. Odd, since Mr. Lowenthal has bf~en a council member and mayor in recent years. Conflict of interest: While those council members who ~~re also Rotary Club members may not benefit financially, they do offer access to the Cupertino Rotary I~ousing Corporation that is not offered to the general public or other entities coming before the council. Whiles there may be no conflict in the letter of the law, there is conflict in the spirit of the law. Current parking along Mary Avenue: Mr. Santoro visite~~ the site and found a "surprising number of cars" parked a significant distance along Mary Avenue. Mr. Chang visited and found almost no cars along the same distance. As a long time resident of this neighborhood and a DeAnza student last quarter, I can assure you that Mr. Santoro's observation is the usual one, especially while DeAnza College is in session. This is where parked during the past quarter while 1 was a student. Given the references to this proposal being added to the agenda on short notice, I suspect Mr. Chang's visit was n~ade during the finals week schedule, December 7-11, thus the discrepancy in their observations. Also, while h~emorial Park events may currently be fewer, the parking along Mary Avenue is very busy during the monthly flea market_ Traffic along Mary Avenue: This is the most convenient and primary route out of this neighborhood to access the freeways. It is also heavily traveled by students to the middle and high schools. There is significant traffic to the Corporate Yard/Cupertino Service Center, with numerous trucks, mowing tractors and other equipment. The storage facility has similar types of trafiFic, including RV motor homes and boats on trailers. Therefore narrowing Mary to a "quiet little residential street" is counter- productive to the needs of the people served by this street. Location for senior housing: Given the above parking and traffic scenarios, this seems to me to be an inappropriate use of this land. The site simply does not have enough space for this project. In other multi unit projects much has been made of the requirement to have a significant percentage of green space in the project. There is none proposed here, nor is there room for same. Kimberly Smith From: Beverly Lenihan [bev@reesults.com] Sent: Saturday, January 16, 2010 12:21 PM To: City Clerk Subject: Letter in Support of Sr. Housing for Tuesday's Open Meeting Attachments: 01 151 O_LetterofSupport_CupSrH ousing.doc Importance: High Thank you for including our attached letter in those received] presented at the Cupertino Public Hearing on Sr. Housing, and specifically the Mary Avenue Project. Please confirm receipt of this message, and its inclusion. With appreciation-Bev and Phil Lenihan, Cupertino residents Kimberly Smith From: Barbara Nunes [barbara-nunes@c:omcast.net] Sent: Saturday, January 16, 2010 3:37 F'M To: Kimberly Smith Subject: Support for Cupertino Senior Hou;:ing & Cupertino Rotary Housing Project Please pass this on to the mayor and city council as well as others that you think would be interested in this issue. As a long time resident of Cupertino, I think the Cupertino Rotar~~'s Housing Project is a wonderful idea for many reasons: There is a growing need to support seniors in our area as evidenced by the increase of seniors requesting services from West Valley Committee Services as well as the number of seniors who have applied for senior exemptions from the Fremont Union High School District parcel tax; the proposed location of the project creatively utilizes land has not been effectively used and that is within walking distance of shopping and the Cupertino Senior Center; and the project provides volunteer opportunities for caring neighbors to help seniors remain in our committee. Barbara Nunes Past President West Valley Community Services Member of the Fremont Union High School District Board of Trustees. ~:>e~iS~~ ~~ , is ~; Kimberly Smith From: Ray Lancon [raylancon@att.net] Sent: Monday, January 18, 201 O 2:52 PM To: City Clerk Subject: Cupertino Rotary's Affordable Senior Housing Project Cupertino City Council, The Cupertino De Anza Lions are not contemplating any building projects in Cupertino. We are in full support of the Cupertino Rotary's proposed affordable senior housing project on Mary Ave. Thanks for considering our views. Ray Lancon President Cupertino DeAnza Lions Club 408-458-0888 ~. ~l--i i B i T n; Kimberly Smith From: Sent: To: Cc: Subject: Dear Council Members, Colleen Hudgen [liveoak@attglob:al.net] Tuesday, January 19, 2010 1:00 F'M City Clerk jimdg5170@aol.com Support for Affordable Housing in Cupertino! It is with great enthuasism that I support the Affordable Housing proposal of the Cupertino Rotary Club. As a non-profit withover 30 years of providing services to frail, low-income, at-risk Cupertino residents, we see first hand seniors who are struggling to make ends meet, having to choose between the tuff over their head, food on their table, energy to hear or cool their homes and medications needed to stabilize chronic, end-stage health conditions. Over the years many of these seniors have had to relocat<~ out of the area to leave with family, ususally due to their inability to maintain a home and all of the upkeep needed. We believe that with the coming age wave, where the 80+ population is expected to quadruple by 2020, it is most prudent that all cities plan for their senior to age in place with affordable housing. It is most impressive that Cupertino Rotary is willing to take on this challenge. You should be very thankful for their partnership. Please know that I have personal knowledge of the fact tlia Cupertino Rotary always deliver on projects they select, both large And small. Sincerely, Colleen Hudgen Executive Director Live Oak Adult Day Services 1147 Minnesota Avenue San Jose, CA 95125 (408) 971-9363 www. LiveOakAdultDayCare.com ~~ Grace Schmidt From: Donna Jones-Dulin [jonesdulindonna@fttda.edu] Sent: Tuesday, January 19, 2010 1:45 PNI To: City Clerk Subject: Re: City Study Session on Affordable Senior Housing on Mary Avenue next Tuesday JIm, I'm sorry we had a holiday yesterday and I have been in meetings all morning. I have emailed you a draft of the email I will send to the City Clerk it you feel it addt•esses the parking concerns. Hi Donna, Thanks for your reply. Yes, there is something you can do. The Study Session this Tuesday is just that, a study session. :But, as they say "you only have one chance to make a good first impression." We are very concerned about how we approach Tuesday's session. The City Council will have our request for a MOU on their CC Agenda two weeks later on Tuesday, Feb. 2. There are two important issues (maybe more?) relating to De Anza College. We are requesting a response from you regarding: 1. There is a perceived belief held by one or more CC members that the Mary Avenue diagonal parking is necessary to handle parking needs for De Anza students and staff. We have stated that De Anza has enough parking on-site. The diagonal parking will be converted to affordable housin;~. 2. There is also a concern that the Mary Avenue diagonal parking is necessary for users of Memorial Park during the few festivals at the Park each year. We have stated that fi~stivals can make arrangements to have De Anza provide parking for a fee. I believe this is the current process;. This needs to be verified in writing. We would like you to write an email to the City Council on 1`/Ionday addressing these two issues. The email can be addressed to "Mayor and City Council Members" and sent to: cityclerk(a7cupertino.org. The City Clerk will copy and distribute your email. We were also hoping that Christina Espinoza-Pieb will be available to attend the Study Session on Tuesday. Christina is a neighbor in the Mary Avenue area as well as a spokesperson on behalf of seniors utilizing De Anza for "life-long learning." I'll copy Christina with this email exchange so she'll be up-to-date with our communication. Christina...? Please copy me with your correspondence to the City Coun¢il. Thanks for your help in providing affordable senior housing for our community. Jim Walker home: 408-252-1288 cell: 408-529-0879 -----Original Message----- From: Donna Jones-Dulin <jonesdulindonna@fhda.edu> To: jimdg5170@aol.com Sent: Fri, Jan 15, 201 O 3:17 pm Subject: Re: City Study Session on Affordable Senior Housing on Mary Avenue next Tuesday Hi Jim, I'm sorry but I already have meetings scheduled for Tuesday afternoon that conflict with attending the public hearing. Is there anything else that I may be able to do? Hi Donna, Can you attend a meeting at the City of Cupertino next Tuesday at 3:00 p.m? This is a public hearing to review the need for affordable senior housing and our proposed project on Mary Avenue. Attached is the City Council Study Session Notice from Wednesday's Cupertino Courier. One of the major issues and discussion items will be displacing the current parking that some City Council members think is necessary for De Anza's us.e. We would like you to talk about how De Anza's parking needs are being met on-site. I will send you a second email and attachment with the City's Staff Report. Please let me know if you can be there. Thanks, Jim Walker De Anza Commissioner Board Member of the Cupertino Rotary Housing Corporation Donna Jones-Dulin Associate Vice President Finance 8c Educational Resources De Anza College 21250 Stevens Creek Blvd Cupertino, CA 95015 (408)864-8209 i onesdu 1 indonnaCa7 fhda. edu Donna Jones-Dulin Associate Vice President Finance 8c Educational Resources De Anza College 21250 Stevens Creek Blvd Cupertino, CA 95015 (408) 864-8209 j onesdulindonnaCcr7thda.edu