20. Amending Chapter 2.86 Housing Commission (CDBG)t
Agenda Item No. 90
SUBJECT
Agenda Date: June 1, 2010
Consider adopting an ordinance amending Chapter 2.86 of the Cupertino Municipal Code
regarding the expansion of the Housing Commissions duties to include oversight of the
Community Development Block Grant (CDBG) program, Ordinance No. 10- Zia
RECOMMENDATIONS
Staff recommends Council:
1. Adopt the attached ordinance amending Chapter 2.86 of the Cupertino Municipal Code to
expand the responsibilities of the Housing Commission, Ordinance No. 10 -a*,)_ -
BACKGROUND
As part of the City's first Consolidated Plan (2003 -06), the City Council approved a Citizen
Participation Plan that created a CDBG Steering Committee to review CDBG funding
recommendations and policy. The Steering Committee was comprised of the Cupertino
Housing Commission plus four appointed citizens. It was difficult to recruit members for the
four CDBG Steering Committee seats since the committee met only once or twice a year and
three of the seats were targeted to specific areas of the City.
On May 18, 2010, the City Council voted to dissolve the CDBG Steering Committee and
directed staff to amend Chapter 2.86 of the Cupertino Municipal Code to expand the duties of
the Housing Commission to include CDBG oversight. Attached is the redlined copy of
Chapter 2.86 showing the Commissions expanded responsibilities. Also, the priorities -for
selection of the Housing Commissioners has been amended to give priority to applicants that
represent the CDBG target areas.
Prepared by: Vera Gil, Senior Planner
Reviewed by: Kelly Kline, Redevelopment /Economic Development Manager
Submitted by:
P 11 1'
arti Shrivastava
Community Development Director
Approved by:
- I)/-
David W. Knapp
City Manager
ATTACHMENTS
Attachment A Model Ordinance No. 10-
COMMUNITY DEVELOPMENT DEPARTMENT
HOUSING SERVICES DIVISION
CITY HALL.
10300 TORRE AVENUE • CUPERTINO, CA 95094 -3255
(408) 777 -3251 • FAX (408) T77 -3333
CITY COUNCIL !STAFF REPORT
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G: \Planning \PDREPORT \CC \2010 \MCA - 2010 -3 CC.doc
ORDINANCE NO. 10- 2 DRAF
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 2.86: HOUSING COMMISSION, OF THE CUPERTINO
MUNICIPAL CODE EXPANDING THE HOUSING COMMISSION'S
RESPONSIBILITIES TO INCLUDE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) OVERSIGHT
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that the
following sections of the Cupertino Municipal Code shall be amended to read as follows:
CHAPTER 2.86: HOUSING COMMISSION*
Section
2.86.010 Established— Composition.
2.86.020 Members — Residency — Selection.
2.86.030 Terms of office.
2.86.040 Members — Vacancy prior to expiration of a term.
2.86.050 Chairperson.
2.86.060 Meetings.
2.86.070 Compensation— Expenses.
2.86.080 Majority vote required.
2.86.090 Records.
2.86.100 Duties — Powers — Responsibilities.
2.86.110 City staff assistance.
2.86.120 Procedural rules.
2.86.130 Effect.
* Editor's note: The title of this chapter was amended from Housing Committee by Ord.
1892, and from Affordable Housing Committee by Ord. 1722.
2.86.010 Established— Composition.
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A. The Housing Commission of the City is established. The Housing Commission shall
consist of five members as follows:
Representative from a Cupertino financial institution,
2. Representative from a Cupertino business,
3. Th- ree -= community members,
B. The representatives from a financial institution Cupertino anti and a ; 6 :.,
the community members. =-
shall not be officials or employees of the City, nor cohabit with, as defined
by law, not be related by blood or marriage, to any member of the Commission, the City
Manager or the staff person(s) assigned to this Commission.
C. The Director of Community Development , ,i.- c, shall provide technical
assistance to the Commission.
(Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1
(part), 1992)
2.86.020 Members Residency — Selection.
A. Housing Committee members who are 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 iv. o three community members f o the Gil_
i f9 a e it. _ _ GaHifiiiiiee must be
residents of Cupertino.
B. In selection of community members, the City Council may give priority to:
1 . Applicants who represent the CommunitN Development Blc)L Grant �CDBG
target areas a described in the Cit , Con,,olidated Plan.
Applicants who are familiar with the operation of affordable housing;
Applicants who represent community organizations; and
Applicants who are knowledgeable about the housing needs of groups targeted
for affordable housing development which include, but are not limited to, the following:
1. Seniors,
2. Single parent families,
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3. Homeless persons,
4. Families of low income,
5. Disabled persons,
6. Renters,
7. First time homebuyers.
(Ord. 1 892, (part), 2002; Ord. 1 722, (part), 1996; Ord. 1641, § 1 (part), 1 994; Ord. 1576, § 1
(part), 1992)
2.86.030 Terms of Office.
A. Housing commissioners serve at the pleasure of the City Council. The term of office of
the members of the Housing Commission shall be for four years 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 Council.
(Ord. 1974, § 3, 2006; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part),
1994; Ord. 1576, § 1 (part), 1992)
2.86.040 Members - Vacancy Prior to Expiration 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.
(Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.86.050 Chairperson.
The Chairperson and Vice Chairperson shall be elected from among Commission members.
Terms shall be for one year.
(Ord. 2015, § 4, 2008; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part),
1992)
2.86.060 Meetings.
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A. The Housing Commission shall establish a regular time and place of meeting and rules
of conduct thereof and shall hold at 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. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641 § 1 (part),
1994; Ord. 1576, § 1 (part), 1992)
2.86.070 Compensation- Expenses.
Members shall serve on the Housing Commission without compensation.
(Ord. 1892. (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part),
1994; Ord. 1576, § I (part), 1992)
2.86.080 Majority Vote Required.
A majority vote of the quorum is required to approve a recommendation on any matter that is
presented to the Commission which requires a vote.
(Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
2.86.090 Records.
The Commission shall keep an accurate record of its proceedings and transactions and shall
render such reports to the City Council and Planning Commission as may be required.
(Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § I (part), 1992)
2.86.100 Duties - Powers - Responsibilities.
The powers and functions of the Housing Commission 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 the CDBG program and
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 connection with applications for development including, but not limited to,
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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 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 recommendations regarding requests for money from the CDBG and
Affordable Housing Funds;
F. To provide information about affordable housing;
G. To meet with neighborhood, community, regional and business groups as necessary to
receive input and assist in generating affordable housing,
H. To help identify sources of funds to develop and build affordable housing;
1. To perform any other advisory functions authorized by the City Council.
(Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1
(part), 1992)
2.86.110 City Staff Assistance.
The Housing Commission 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 direction and supervision of the Director of Community Development.
(Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1
(part), 1992)
2.86.120 Procedural Rules.
The Housing Commission may adopt from time to time such rules of procedure as it may
deem 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 thereof
shall be furnished to any person upon request.
(Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1
(part), 1992)
2.86.130 Effect.
Nothing in this chapter shall be construed as restricting or curtailing any powers of the City
Council, Planning Commission or City officers.
(Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1 576, § 1 (part), 1992)
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Publication Clause
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 15 days after its adoption, in
accordance with Government Code Section 36933, and 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 Cupertino City Council the 1 st day of June,
2010 and ENACTED at a regular meeting of the Cupertino City Council the day of June,
2010 by the following vote:
Vote
Ayes:
Noes:
Absent:
Abstain:
ATTEST
City Clerk
Members of the City Council
AP PROVED :
Mayor, City of Cupertino
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EXHIBITS
B EGIN
HERE
CC ill 11, � 20
0 lrhen ct
MCPHARLIN
SPRINKLES &
T HOMAS LLP PAUL S. AVILLA
ATTORNEYS AT LAW
AIMEE E. GOLDSTEIN
KATHARINE L. HARDT -MASON
TEN ALMADEN BLVD., SUITE 1450 LINDA HENDRIX MCPHARLIN
SAN JOSE, CALIFORNIA 85113 JANE P. RELYEA
TELEPHONE (408) 293 -1900 ELAINE M. SEID
FACSIMILE (408) 293 -1999 CATHERINE C. SPRINKLES
WWW.MSTPAKTNER5.COM ANNE C. STROMBERG
N. DAVID THOMAS
June I. 2010
Mayor Kris Wang
Members of the City Council
City of Cupertino
10300 Tore Avenue
Cupertino, CA 95014
RE: Conditional Use Permit Application U- 2009.09
Kiddie Academy Agenda Item I7
Dear Nlayor Wang and Members of the Council:
This office represents Angelo and Roseann Traina, owners of the property
coninlonly known as 10055 Portal Avenue, Cupertino, California, and located to the east
of ale property for which the conditional use permit application has been submitted. My
client's property is a one story office building Nvith ingress and egress on Portal Avenue.
Out building was constructed in 1986 of t�pica. construction, including single paned
floor to ceiling windows.
Dr. and Mrs. Traina oppose the granting of a conditional use permit for the Kiddie
Academy. My clients have owned and operated their building, which is a substantial part
of their retirement assets, for more than 20 years. To date in this process, their concerns
have not been addressed. In fact. evolution of the process has resulted in proposals ever
more detrimental to their existing use,
In order to approve the conditional use permit application, the Council must find
that "the proposed use, at the proposed location, will not be detrimental or injurious to
property or improven7ents in the vicinity, and will not be detrimental to the public health,
safety, general welfare or convenience....'',
Traffic
The proposed traffic circulation would permit both ingress and egress from Portal
Avenue over the Traina property. The driveway over that property is located between
"head in" parking on the north side of the proper- (adjacent to the residential area) and
the uncles- building garage entrance and 4 "Bead in" parking spaces adjacent to the
bUdClin (on the south side of the drive way). The office building entrance does not face
Portal Avenue. but faces north, toward the residential area. Visitors to the building park
on the surface parking and must cross the drive way area to the building entrance (which
faces the parldng area ). Therefore pedestrians will be crossing this area during the
building business hours. The dentist office in the building opens at S AM (during -lie
peals traffic for day care drop off) with staff arriving earlier. As the applicant's traffic
report demonstrates, traffic approaching the child care center from the west on Stevens
Creek Blvd.. and from any direction on Portal Ave., will use the Portal driveway (if it is
available) far ingress and egress to the Kiddie Academy. This will present safety issues
- for occupants and visitors to the office building and make access during peak periods
hazardous.
The proposed traffic circulation makes no use of the existing parking spaces
located in front of the Kiddie Academy (which would be empty during the early morning
peak traffic period) and re- positions the Kiddie Academy entrance to the rear of the
b u i 1 d i n g. The existing retail use requires few parking spaces at any tune (it is not a
thriving enterprise). The repositioning of the `'front" of the Kiddie Academy to the
building rear is =ecessary and hazardous.
N/I ovint7 the "front" entrance of the child care center to the rear of the building
materially changes the basis upon wl my client signed the Declaration of Covenants,
Conditions and Restrictions in July 2005, at wluch time the building "front" and
entrances were located facing Stevens Creels Boulevard. This proposed use
"overburdens" the uses reasonably anticipated by existing documentation and my client
does not believe it is required by the Declaration to provide the access assumed by the
current proposal. Further, my client has no obligation to open any easement unless and
until the entire area between Blaney and Portal is opened. The Declaration Dr. Traina
signed obligates the property owner to sign an agreement "when owners of said adjoining
non - residential properties are obligated to participate m a similar agreement... ". At no
time was it contemplated that the Traina property would serve as a private driveway for
the Itiddie Academy property while remaining properties between Portal and Blaney
remained unavailable to bear a portion of the burden of that traffic. As a general
statement, an open rear driveway between Portal and Blaney will invite traffic not related
to the businesses there and will be hazardous to all the occupants and visitors to those
businesses.
Noise
The noise that will be generated by the play ground (located on the common
property line betweea the Kiddie Academy building and the Portal office building and
approximately 10.5 Feet from the west building wall) will be detrimental and injurious to
the Traina property. Although there is a 4 foot differential in the grade level of the
property, with its floor to ceiling windows along the building facing the proposed play
yard, there is no noise abatement provided. The requested permit is for 143 children,
with possible increase so long as certain parking requirements are met. Therefore, the
cite would permit an -unlimited slumber of chldren subject only to parking. The permit
places no restrictions on the number of children present in the play yard at any time, or on
the times in which the children are present. L its initial application (operation
information, Attaclunent 6), the playground area (6,000 square feet) was scheduled for
use from 9:00 AM until 4:40 PM, except for the lunch period between 12:00 PM and
1 :30 PM. Amore recent submission by the applicant indicates shorter playground use
hours. but these are not addressed in the proposed permit conditions. It appears that 24 or
more children "!ill be present in the play ground area during its use periods. My clients
requested that the applicant install a sound wall, similar to that required to insulate the
residential area that is more than 67 feet from the play yard, but that request has been
denied. The noise generated from this area will be injurious and detrimental to the office
building occupants and visitors.
The currently proposed day care center is incompatible with existing uses, and is
11 jurioLts and detrimental to my clients' existing use next door, in that negative impacts
031 neighboring properties have not been addressed or ameliorated. My clients
respectfully request that the application be denied.
I Neill be in attendance at the council mooting, should you have any questions.
Thardc you for your consideration.
7 viertruly yours.
Catherine C. SpriiAdes
cc: Gary Chao
Carol horade
Geoffrey C. Etnire
.Erik Schoeiunauer