Ordinance 1641~ i
Ordinance No. 1641
AN ORDINANCE OF THE CITY OF CUPERTINO ADOPTING CHAPTER 2.86
OF THE CUPERTINO MUNICIPAL CODE TO ESTABLISH
AN AFFORDABLE HOUSING COMMITTEE
The City Council of the Ciry of Cupertino ordains as follows:
SECTION 1-AMENDMENTS.
Chapter 2.86 to be entitled "Affordable Housing Committee," end Sections aro hereby enacted to
be numbered, entitle and to read as follows:
Section 2.86.010 Established -Composition.
The Affordable Housing Committtee (ANC) of the City if hereby establuhed. The AHC shall
consist of five members as follows:
Representative from a Cupertino financial institution,
Representative from a Cupertino busines,
Two Community members,
City's appointed representative to the Santa Clara County Community Development Block Grant
(CDBG) Citiuns Advisory Committee.
The representatives from a financial institution and a business, the Community Members, and the
City's representative to the County CDBG Citiuns Advisory Committee shall not be officials or employees
of the Ciry, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the
Committee, the City Manager or the staff person(s) assigned to this Committee.
'ihe Director of Community Development shall be anon-voting member of the AHC and shall
provide technical auistance to the Committee.
Section 2.86.020 Members-Residency-Selection
AHC members who arc representatives of a financial institution or a business are not required to
be Cupertino residents, but the financial institution and the business represented must be located in
Cupertino. The two Community Members and the City's appointed representative to the Santa Clara
County CDBG Citizens Advisory Committee must be residents of Cupertino.
In selection of Community Members, the City Council may give priority to: (I) applicants who
arc fami-iar with the operation of low income housing; (2) applicants who represent community
organisations, and (3) applicants who are knowledgeable about the housing needs of groups targeted for
affordable housing development which include, but are not limited to, the following:
Seniors, Single parent families, Homeless persons, Families of low inwme, Disable persons,
Renters, First time homebuyen.
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Section 2.86.030 Terms of Office.
A. AHC members serve at the pleasure of the City Council. The term of office of the members of
the AHC shall be for four years commencing on the date of their respective appointments to -he
AHC or its predecessor committee and shall and on January I S of the year their terms are due to
expire. No AHC memtKr shall serve mote than two consecutive terms except that a member may
serve more than two consecutive terms if he or she has been appointed to the committee to fill an
unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the AHC arc
governed by Resolution No. 8357 of the Cupertino City Council.
Sectloa 2.86.040 Members-Vacancy prior to e:pinllon of a term.
If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's
appointment for the unexpired portion of the term.
Seetioo 2.86.050 Chairpenoo.
The Chairperson and Vice Chairperson shall be elected from among Committee members.
Terms shall be for one year and shall begin on January 1 S.
Section 2.86.060 Meetings.
A. The AHC shall establish a regular time and place of meeting and rules of conduct thereof and
shall hold at least one regular meeting each month.
B. A majority of the AHC shall wnstitute a quorum for the purpose of transacting the business of
the Committee.
SeMioa 2.86.070 Compensatioo-E:peaces.
Members shall serve on the AHC without compensation.
Section 2.86.080 Majority vote required.
A majority vote of the quorom at required to approve a recommendation on any matter that is
presented to the Committee which roquires a vote.
Section 2.86.090 Records.
The Commiaee shall keep an accurate rccored of its proceedings and transactions and shall render
such reports to the City Council and Plamting Commission as may be required.
Sectioa 2.86.100 Duties-Powers-Responsibilities.
The powers and functions of the AHC shall be as follows:
A. To assist the Planning Commission and the City Council 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 requested by the Director of Community Development or the City Council, to make
recommendations to the Planning Commission and the City Council regarding affordable housing
proposals in connections with applications for development including, but not limited to,
recommendations for possible fee waivers, other incentives, the number and type of affordable units
and the target groups to be served. Any referral to the AHC shall be limited to consideration of
affordable housing proposals which exceed normal housing rcquiremrnts under the applicable
provisions of the City's General Plan or ordinances related thereto.
F. To make recommendations regarding requests far money from the Affordable Flousing Fund.
G. To provide information about affordabe housing.
H. To meet with neighborhood, community, regional, and business groups u necessary to receiva
input and assist in generating affordable housing.
1. To help idrntify sources of funds to develop and build affordable housing.
an other adviso functions authorized b the Ci Council.
J. To perform y ry y ty
Section 2.86.110 City Staff Assistance.
The AHC shall have available to it such assistance of City staff as may be required to perform its
functions, the staff assignments and administrative procedures to be under the general direMion and
supervision of the Director of Community Development.
Section 2.86.120 Procedural Rules.
The AHC may adopt from time to time such rules of procedures as it may deem necessary to
properly exercise its powers and duties. Such rules shall be subjeM to approval by the Council before
becoming effective. All such rules shall be kept on file with the Chairperson of the AHC, the Mayor,
and the City clerk and a copy thereof shall be famished to any person upon request.
Section 2.86.130 Effect.
Nothing in this chapter shall be construed as restricting or curtailing any powers of the City
Council, Planning Commission or Ciry oRcers.
SECTION [I -PUBLICATION
The City Clerk shall cause this ordinance to be published at least once in a newspaper of general
circulation published and circulated in the City within fifteen (15) days after its passage, in accordance
with Section 36933 of the Government code; shall certify to the adoption of this ordinance and shall
cause this ordinance and her certification, together with proof of publication, to be entered in the Book
of Ordinances of the Council of this City.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 181h of
,~py~y, 1994, and ENACTED at a regular meeting of the Ciry Council of the City of Cupertino this
7th of February , 1994,by the following vote:
Vote: Members of the City .o m it
Ayes: Bautista, Burnett, Dean, Sorcnstn, Koppel
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
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Ciry Clerk ayor, City of Cu
g/mm/housingJhsgord
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CTfY OF CUPERTINO ) .
I, KIM M SMITH. City Clerlcand ac-officio Cledc of the City Co~meil of the City
of Cupertino, California, do hereby certify the attached to be a full, true, and correct copy
of Ordinance No. /G~!! enactedoa ~~,~.~_?_/94¢ .
IN WITNESS WF)EREOF,1, have hereunto ae~t my"~hsnd and seal this // ~
dsy of F 199 .
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KIM M. SiVITtH, City Clerlt and ex-
officio Ckilc ofthe City Council'
Cut~ertino.~California .i