Ordinance No. 10-2062 Amending Chapter 2.86: Housing Commission, CDBG ORDINANCE NO. 10 -2062
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.
Ordinance No. 10 -2062
A. The Housing Commission of the City is established. The Housing Commission shall
consist of five members as follows:
1. Representative from a Cupertino financial institution,
2. Representative from a Cupertino business,
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 any member of the Commission, the City Manager or the
staff person(s) assigned to this Commission.
C. The Director of Community Development., or his /her designee, 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 three community members 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 Plan.
2. Applicants who are familiar with the operation of affordable housing;
3. Applicants who represent non - profit community organizations; and
4. 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,
3. Homeless persons,
4. Families of low income,
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Ordinance No. 10 -2062
5. Disabled persons,
6. Renters,
7. First time homebuyers.
(Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; 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.
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.
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Ordinance No. 10 -2062
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, § 1 (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, § 1 (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,
recommendations for possible fee waivers, other incentives, the number and type of affordable
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Ordinance No. 10 -2062
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 requ sts 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;
I. 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; Card. 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.
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Ordinance No. 10 -2062
(Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)
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 1st day of June,
2010 and ENACTED at a regular adjourned meeting of the Cupertino City Council the 9th day
of June, 2010 by the following vote:
Vote: Members of the City Council
Ayes: Wang, Wong, Chang, Mahoney, Santoro
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
City Clerk ayor, City of Cupe ino
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex- officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 10 -2062, which was enacted
on June 9, 2010, and that it has been published or posted pursuant to law
(G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
25th day of August 2010.
KIMBERLY SklaH, City Clerk and Ex- officio Clerk
of the City Council of the City of Cuper ino, California
ordinance certificate