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CC 06-02-03June 2, 2003 Cupertino City Council Page 2 Cupertino Redevelopment Agency Adopt resolutions accepting Accounts Payable for May 16 and May 23, Resolution Nos. 03-098 and 03-099. 4. Adopt a resolution accepting Payroll for May 23, Resolution No. 03-100. 5. Approve public access producer grants. Formally appoint Council member Richard Lowenthal "Ex-Officio" member and Carol Atwood as a staff alternate to the Silicon Valley Animal Control Authority (SVACA) Board. a) b) Adopt a resolution to approve the agreement for the countywide AB 939 implementation fee, Resolution No. 03-101 Adopt a resolution to approve the agreement for countywide household hazardous waste collection services, Resolution No. 03-102 Accept city projects performed under contract: Reconstruction of Curbs, Gutters and Sidewalks, Project No. 2002-02. (No documentation in packet). Authorize execution of improvement agreement: Richard J. Perez and Grace Perez, Husband and Wife as Joint Tenants, 10091 Byme Avenue, APN 357-11-005, Resolution No. 03-103. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) PUBLIC HEARINGS 10. Consider the City of Cupertino Community Development Block Grant (CDBG) Program Citizen Participation and Consolidated Plans. 11. Consider abating a public nuisance regarding substandard structure, overgrown vegetation, abandoned cars, and debris at 10467 Glencoe Drive, APN 326 30 106, Mr. Robert T. Damask, property owner, Resolution No. 03-104. 12. Consider the 2003-04 budget. PLANNING APPLICATIONS UNFINISHED BUSINESS 13. Reconsider denial of Application U-2002-11 and EA-2002-23, Freiheit & Ho Architects, Inc., for a Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill), and construct a 120 - room hotel (Extended Stay America), located at 10745 N. De Anza Boulevard, APN 326-10-064, Resolution No. 03-107. (Continued from May 19). June 2, 2003 Cupertino City Council Page 3 Cupertino Redevelopment Agency NEW BUSINESS 14. Consider objections to proposed removal of brush and order abatement of public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 03-081, Resolution No. 03-105. 15. Consider adopting a resolution in support of acquisition of open space by the Mid- Peninsula Regional Open Space District (MPROSD), Resolution No. 03-106. 16. Reconsider the composition of the Gene:al Plan Task Force. ORDINANCES 17. Conduct the second reading of Ordinance No. 1919 regarding the Town Center: "An Ordinance of the City Council of the City of Cupertino rezoning six parcels totaling 12.368 gross acres parcel from P or (Planned Development with Office, Prototype Research and Incidental Commercial uses) P (OP) or Planned Development (Professional Office) to P (Commercial, Office, and Residential) or Planned Development (Commercial, Office, and Residential)." STAFF REPORTS 18. Receive a monthly status report on the Cupertino Civic Center and Library Project. COUNCIL REPORTS Mayor Michael Chang: Audit Committee Leadership Cupertino Legislative Review Committee Library Steering Committee 5 C's Liaison Santa Clara County Housing and Community Development Block Grant Program (CDBG) Alternate Santa Clara County Library District JPA Board of Directors Alternate Sister City Committee - Toyokawa West Valley Mayors and Managers Vice-Mayor Sandra James: Economic Development Committee Environmental Review Committee Alternate Leadership Cupertino Library Steering Committee Santa Clara County Emergency Preparedness Commission Santa Clara County Transportation Agency Policy Advisory Committee Alternate Skatepark Committee June 2, 2003 Cupertino City Council Page 4 Cupertino Redevelopment Agency West ValIey Mayors and Managers Alternate Councilmember Patrick Kwok: Association of Bay Area Governments (ABAG) Library Steering Committee Alternate Guadalupe/West Valley Flood Control and Watershed Advisory Committee Lower Peninsula Flood Control and Watershed Advisory Committee Santa Clara Coumy Recycling and Waste Reduction Commission Santa Clara Valley Water Commission Sister City Committee - Toyokawa Alternate Councilmember Dolly Sandoval: Audit Committee Environmental Review Committee Legislative Review Committee 5 C's Liaison Santa Clara County Cities Association Alternate Santa Clara County Cities Association Legislative Task Force Santa Clara County Emergency Preparedness Commission Alternate Santa Clara County Housing and Community Development Block Grant Program (CDBG) Santa Clara County Transportation Agency Policy Advisory Committee Councilmember Richard Lowenthal: Association of Bay Area Governments (ABAG) Altemate Economic Development Committee Guadalupe/West Valley Flood Control and Watershed Advisory Committee Alternate Lower Peninsula Flood Control and Watershed Advisory Committee Alternate Santa Clara County Cities Association Santa Clara County Cities Association Legislative Task Force Alternate Santa Clara County Library District JPA Board of Directors Santa Clara Valley Water Commission Alternate Skatepark Committee Alternate CLOSED SESSION ADJOURNMENT Adjourn to Tuesday, June 3 at 5:00 p.m. in Cupertino City Hall Conference Room A for Teen Commission interviews, 10300 Torte Avenue. June 2, 2003 Cupertino City Council Cupertino Redevelopment Agency REDEVELOPMENT AGENCY MEETING ROLL CALL ORAL COMMUNCATIONS APPROVAL OF MINUTES A. Approve the minutes from the June 3 and 17, 2002, Redevelopment Agency meetings. PUBLIC HEARING B. Review the Cupertino Redevelopment Agency Operating Budget for 2003-04. ADJOURNMENT Page 5 In compliance with the Americans with Disabilities Act (ADA), th.e, City of Cupertino will make reasonable efforts to accommodate persons with qualified disabtlities. If you re. quire special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours tn advance of the meeting. CIT~ OF CUPEP TINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Monday May 5, 2003 PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torte Avenue, Cupertino, California, and led the Pledge of Allegiance. ROLL CALL James/Sandoval moved and seconded to excuse the absence of Council member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Patrick Kwok (excused). Staff present: City Manager David Knapp, Administrative Services Director Carol Atwood, City Attorney Charles Kilian, Public Works Director Ralph Quails, Community Development Director Steve Piasecki, Parks and Recreation Director Therese Smith, Senior Planner Aarti Shrivastava, Senior Planner Vera Gil, Public Information Officer Rick Kitson, and City Clerk Kimberly Smith. The agenda was reordered, as follows: WRITTEN COMMUNICATIONS - None ORAL COMMUNICATIONS Dennis Whittaker, 20622 Cheryl Dr., asked that the General Plan task force include representation from small businesses, asked that the developer provide the full mount of below- market-rate (BMR) housing for the Town Center project, and asked why the developer name for that project was not shown as Hunter/Storm. He also asked that the current residents of the Rainbow Avenue project be given preference in the new units so they are not permanently dislocated. He said that he was in favor of a small plaque on the library building but not naming the building, and he asked that the discussion at Council meetings remain respectful. Community Development Director Steve Piasecki replied that the Town Center project would be required to provide all BMR units. He said the project must be described by the name that is given on the May 5, 2003 Cupertino City Council Page 2 application. He also said the city has already asked the developer of Saron Gardens on Rainbow Drive to assist with tenant relocation services. Mayor Chang said that if there were any groups that felt they should be represented on the General Plan task force, they should let the Council know. Director Piasecki said there would be two small-business representatives that will be appointed. Dean Ermningham, 10407 Colby, congratulated the Council on the improved condition of Blackberry Farm Golf Course, and expressed concern about some of the proposals for the Stevens Creek Corridor that show its removal. He asked about other amenities available in the city, such as softball fields, tennis courts, etc. Mayor Chang asked staff to provide that information. Mavis Smith, 22734 Majestic Oak Way, asked that the Council not let the library naming issue become an obstacle, and said the fundraising committee must have council's clear intention. Don Moore, 1062 Wilkinson Ave., thanked the City Manager for assisting him with transportation to a dental appointment when he was unable to obtain transportation through the VTA bus or Outreach transit. Roger Costa, Canyon Vista Drive, discussed various practices for naming public buildings. He supported Cupertino's past practice of naming buildings for individuals who demonstrated a long record of public service to the immediate community. He did not feel the City should name buildings for individuals who have funded the initial construction or created endowments. Costa also said that there is a need for improved civility and judgment among council members, and it was unacceptable to have charges or innuendos of racism rising by and between members of council for political purposes. He said that divisive and irresponsible communications among individuals, the media and community at large is not acceptable behavior in Cupertino. Penny Whittaker, 20622 Cheryl Dr., asked why certain categories for the General Plan task force were not included, such as small retail, store owners, retail shoppers, homeowners, and the Cupertino Concerned Citizens, when there were categories for major retail, retail and office developers, major business, renters, and all of the commissions. She noted that the quadrants are very different sizes, but both have the same number of representatives. All Modine, 1180 Crestline Dr., said he supported the relocation of the Railroad Museum to Cupertino, as discussed in a recent Cupertino Scene article. Robert Levy, 10802 Wilkinson Ave., said that any resident of the city should be able to obtain a copy of the General Plan and make written comments to the Council, Planning Commission, and Task Force. He referred to Mr. Moore's earlier comments about the bus service, and said it is a problem that needs to be addressed in the City. Anna Polman-Black, 21118 Gardena Dr., said that a building name should come from a longtime Cupertino resident who made a major contribution to the city, and not the highest financial donor. She also objected to the proposal to turn Vallco into a Chinese market. May 5, 2003 Cupert/no City Count;1 Page Mary Ellen Chell, 7451 Prospect Rd., said that Mayor Chang and Vice-Mayor James sit on the library naming committee and suggested that they identify what the community wants through forums, discussions, etc. She said it was her opinion that city buildings should be named after the city. She said there were a number of individuals who wished to make donations, but wanted the controversy to go away. Chell asked for a lowering of animosity and antagonism from the community around these issues. Bob Hendrickson, 10535 Mira Vista Ave., referenced a letter printed in the Cupertino Courier about the library naming issue. He said that it is up to the Council members as community leaders to not let this topic be used as an attack on anyone, whether a Council member or a community member. He said he believed that people who have claimed this is a racial issue have done an injustice to the gentleman who offered the funds. CEREMONIAL MATTERS - PRESENTATIONS 1. Graduation ceremony for Tomorrow's Leaders Today (TLT). Kathleen Elliott, Executive Director of TLT, thanked the Council for its support and introduced the four teams of students. Each team gave a brief synopsis of their project, which included a marketing plan, a senior center dance and toy drive, an annual report, and a graduation ceremony for the group. A copy of the comprehensive annual report was given to the mayor. Mayor Michael Chang and Kathleen Elliott awarded certificates to each student. POSTPONEMENTS Reconsider denial of Application U-2002-11 and EA-2002-23, Freiheit & Ho Architects, Inc., for a Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill), and construct a 120 - room hotel (Extended Stay America), located at 10745 N. De Anza Boulevard, APN 326-10-064. (This item continued to May 19 at the applicant's request). Lowenthal/James moved and seconded to continue this item to May 19. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. CONSENT CALENDAR James/Lowenthal moved and seconded to approve the items on the Consent Calendar as recommended, with the exception of items 3 and 9, which were pulled for discussion. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Adopt resolutions accepting accounts payable for April 18 and 25, Resolution Nos. 03- 077 and 03-078. 5. Adopt a resolution accepting payroll for April 25, Resolution No. 03-079. May 5, 2003 Cupertino City Council Page 4 6. Accept the Treasurer's Budget Report -- March 2003. Adopt a resolution accepting the destruction of records from the Parks and Recreation Department (Senior Center case files), Resolution No. 03-080. Declare brush growing on certain described properties to be a public nuisance and setting hearing for June 2 for objections to proposed removal, Resolution No. 03-081. 10. Adopt a resolution authorizing execution of a Construction and Access Permit from the County of Santa Clara to the City of Cupertino, Resolution No. 03-083. 11. Adopt a resolution granting an easement for flood control, erosion and sedimentation control to Santa Clara Valley Water District, District No. 2026-51 Sunnyvale East Outfall, APN 316-38-street (portion), Resolution No. 03-084. 12. Bollinger Road Bridge Project: (a) Adopt a resolution authorizing the Mayor to execute an amendment to the City's existing agreement with the Santa Clara Valley Water District for the reconstruction of the bridge on Bollinger Road over Calabazas Creek, Resolution No. 03-085 (b) Adopt a resolution authorizing the Director of Public Works to amend the design contract with Winzler and Kelly in the amount of $33,585.00 for a total contract amount of $369,900.00, Resolution No. 03-086 13. Adopt a resolution authorizing the City Manager to execute an agreement with the County of Santa Clara for joint utilization and maintenance of facilities relating to the County of Santa Clara Traffic Operation System, Resolution No. 03-087. ITEMS REMOVED FROM THE CONSENT CALENDAR (above) 3. Approve the minutes from the April 7, 15, and 21 City Council meetings. Sandoval offered several clarifications to the minutes. Sandoval/Lowenthal moved and seconded to continue this item until the following meeting to allow the clerk to review the changes and prepare amended draft minutes. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Adopt a resolution authorizing execution of a contract with Biggs Cardosa Associates, Inc., / HNTB for design services for the Mary Avenue Bicycle Footbridge in an amount not to exceed $1,225,000.00, and further authorizing the amount of $75,000 for additional services that may be required upon approval of the Director of Public Works for a total allocation amount of $1,300,000.00, Resolution No. 03-082. May 5, 2,003 Cupertino City (~ouncll Page Bud Kundich, 1776 Laurentian Way, expressed concern that the residential buffering and security established in the original design may not come to pass. He also asked that Council postpone the project until the economy can support it, and until full project funding has been identified and secured. Public Works Director Ralph Quails said this project was very well funded, which includes funds from a grant by the Valley Transit Authority, funds from the State Transportation Fund, and funds from the City of Sunnyvale. He said that the additional design work done to address the concerns of neighborhood residents would be a key feature of this project. City Manager David Knapp noted that this money is designated by community and voter design, and can only be used for pedestrian and bicycle activities. Sandoval/James moved and seconded to adopt Resolution No. 03-082. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. PUBLIC HEARINGS 14. Consider the use of the first program year (2003-2004) Community Development Block Grant (CDBG) funds and authorize submittal of funding proposal, Resolution No. 03- 088. Senior Planner Vera Gil reviewed the staff report, and noted a typographic correction to the amount recommended for the Affordable Housing Placement Program. She explained that a CDBG Public Participation Committee had been appointed recently, and in the future those positions would be filled during the city's normal recruitment process for all city commissions. The public heating was opened, and the following individuals gave a brief synopsis of their organizations' services: Erica Mayer, Director of Housing for Cupertino Community Services (CCS) Georgia Bacil, Directing Attorney of Senior Adults Legal Assistance (SALA) Steve Suehz and Amy Hanse, representing Cupertino Senior Day Services Kathryn Brown, program coordinator for Economic and Social Opportunities Margie Rocha, Executive Director of Mid-Peninsula Citizens for Fair Housing Rich Abdalah, Chairman of the Cupertino Housing Commission, said the selection process used to review the submissions worked very well, and everyone had an opportunity to make a presentation. The public heating was closed. Sandoval/James moved and seconded to accept the CDBG Steering Committee recommendation and make the following allocations, and to require the Mid-Peninsula Citizens for Fair Housing to meet with local apartment managers annually to review fair housing law and provide informational meetings for May 5, 2003 Cupertlno C~ty Councll Page 6 tenants on fair housing. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Program Administration: Administration Mid-Peninsula Citizens for Fair Housing Public Service Grants: CCS - Rotating Shelter CCS - Comprehensive Assistance Program Cupertino Senior Day Services Senior Adults Legal Assistance Support Network for Battered Women Social Advocates for Youth 85% Pool Economic and Social Opportunities Unallocated Affordable Housing Fund CCS - Affordable Placement Program TOTAL: $94,800.00 $84,600.00 $10,200.00 $71,100.00 $25,000.00 $ 8,333.00 $10,200.00 $11,667.00 $ 5,900.00 $10,000.00 $308,100.00 $45,0O0.00 $263,100.00 $65,000.00 $65,000.00 $539,000.00 15. Vacation of a portion of Madrid Road: (a) Consider the adoption of a resolution ordering the vacation of a portion of Madrid Road as provided in Section 8320 Et Seq. of the Streets and Highways Code, State of Califomia, Resolution No. 03-089 (b) Consider the adoption of a resolution authorizing execution of quitclaim deed of real property located on Madrid Road to Amolfo N. Nite and Rebecca P. Nite and Wan-Yen Hsu, Resolution No. 03-090 The public hearing was opened, and there were no speakers. The hearing was closed, and James/Lowenthal moved and seconded to adopt Resolution No. 03-089. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. James/Lowenthal moved and seconded to adopt Resolution No. 03-090. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. 16. Consider the appeal of Application R-2003-03, a Design Review Committee approval of a new two-story 4,463 square foot residence, Dick Fang, 10110 Mann Drive, APN 326- 19-005. This item is Categorically Exempt and the Planning Commission recommends approval of the appeal. (The applicant requests postponement for six weeks). The public hearing was opened, and there were no speakers. Lowenthal/James moved and seconded to remove this from the agenda and to re-advertise the public hearing at a later time. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. May 5, 2003 Cupertino City Council Page 7 PLANNING APPLICATIONS 17. Consider setting a public heating for a General Plan amendment related to change the land use designation on the Forum site to bring it into conformance with the General Plan, Application Nos. GPA-2003-01, City of Cupertino, 23500 Cristo Rey Drive APN(s) 342-53-001 through 342-53-259, 342-54-01 through 342-54-016, and 342-55-001 through 342-55-045. James/Sandoval moved and seconded to authorize staff to schedule a public hearing to amend the General Plan on this item. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. UNFINISHED BUSINESS - None NEW BUSINESS 18. Approve the Teacher Housing Program, allocate funds, and select a non-profit agency to administer the program. Rich Abdalah, chairman of the Cupertino Housing Commission, pointed out differences between this program and that of the City of San Jose and discussed the recommendations of the Housing Committee. Sandoval said for the record that she felt very strongly that loans should be available only for homes within Cupertino city limits, for the following reasons: (1) These are Cupertino tax dollars that should be kept in this city; (2) It is important that the City be proactive in providing affordable housing opportunities here as opposed to outside of the city; (3) Within a one-mile radius of the city, housing prices are approximately the same whether they are located in west San Jose or in Sunnyvale; (4) There are no reciprocal agreements with other cities. For example, teachers employed in San Jose cannot get the San Jose program's down payment assistance for a home in Cupertino; and (5) Although some people may want a larger home, many start out in townhomes or condominiums. Senior Planner Vera Gil read some suggested wording from DeAnza College President Martha Kanter that would require program participants to be a tenured faculty member employed at the college. Lowenthal/Sandoval made the following motions. Lowenthal, Sandoval. Noes: None. Absent: Kwok. Vote: Ayes: Chang, James, Approve the guidelines shown in the staff report for the Teacher Assistance Program with the following amendments/confirmations: 1. Four loans will be issued in the first year 2. Homes must be within the City of Cupertino 3. Loans may be as high as $50,000 May 5, 2003 Cupertlno City Councll Page 19. 20. 4. The wording regarding teacher eligibility, second bullet, is amended to add the words "or be employed as a full-time tenure-track or tenured faculty member at the Foothill-DeAnza Community College District." B. Allocate $220,000 from the Below-Market-Rate in-lieu fees Select Neighborhood Housing Services of Silicon Valley to administer the program. Consider establishing special rural neighborhood street standards. Brian Barry, 10440 Mann Dr., supported the staff recommendation, and said most of the neighbors he had spoken with did not want sidewalks or other changes to their neighborhoods. David Greenstein, 10066 Byme Avenue, said that his neighbors were in support of keeping a rural feel in their community. Some steps may have to be taken to avoid flooding problems. He suggested wording from another city's neighborhood plan, which was to "Take the minimum amount of right-of-way and provide only the minimum amount of street necessary to obtain appropriate traffic safety and function." Lowenthal suggested that the Public Safety Commissioner consider issues of access, flooding, and safety. James/Lowenthal moved and seconded to develop a policy to provide a rural and semi- rural set of street improvement standards, and that the policies be provided to the Public Safety Commission for review before being brought back to the City Council. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. Conduct the first reading of Ordinance No. 1918: "An Ordinance of the City Council of the City of Cupertino amending Section 10.60.060 (A)(4) of the Cupertino Municipal Code regarding the abatement of graffiti." Administrative Services Director Carol Atwood explained that this change would eliminate the $100 cap and allow the city to recover the actual cost of the graffiti abatement. Mayor Chang felt that a cap was important, and suggested a cap of $500 or $1000. The City Clerk read the title of the ordinance. James/Lowenthal moved and seconded to read the ordinance by title only, and that the City Clerk's reading would constitute the first reading thereof. Vote: Ayes: James, Lowenthal, Sandoval. Noes: Chang. Absent: Kwok. Staff was asked to bring a summary of graffiti charges when this item is considered for a second reading. May 5, 2003 Cupertino City Council Page 21. Set a meeting with Supervisor Liz Kniss for June 2 at 5:30 p.m. to discuss issues in Cupertino. Council members concurred to set this meeting. Council also concurred to set a study session on Monday, May 19, from 5:30 p.m. to 6:30 p.m. in Conference Room C to discuss preliminary plans for residential units at the rear of the Oaks Shopping Center. ORDINANCES 22. Conduct the second reading of Ordinance No. 1917 related to the regulation of massage: "An Ordinance of the City Council of the City of Cupertino amending Chapter 9.06 of the Cupertino Municipal Code regarding the regulation of massage." James/Lowenthal moved and seconded to read the ordinance by title only and that the City Clerk's reading would constitute the second reading thereof. Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. James/Lowenthal moved and seconded to enact Ordinance No. 1917 Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. STAFF REPORTS 23. Receive report on Severe Acute Respiratory Syndrome (SARS). Public Information Officer Rick Kitson reviewed a report and a public health update from the County of Santa Clara Public Health Department dated April 29, 2003. He said that facts about SARS have been included in the city's May newsletter. City Manager David Knapp reported that the Naming Policy subcommittee had met that day. It is composed of Mayor Michael Chang, Vice Mayor Sandra James, Rich Abdalah, Don Allen, City Attorney Charles Kilian, and himself. The committee decided to take a broad view and to take into account all aspects of a very complex issue. He said that no consensus had yet been reached, and the committee will meet again on June 9. COUNCIL REPORTS Council members highlighted the activities of their committees and various community events, including the recent Community Forum on teen issues, the opening of the CCS Affordable Housing Program, fundraising by the Library Joint Powers Authority for a future election to renew their funding source, the Cherry Blossom Festival, Tomorrow's Leaders Today, the Rotary Golf tournament, the city employees' "years of service" luncheon, a performance of the Nupur Folk Dance Academy, and a request for live bands to volunteer for the Cupertino Senior Center dances. May 5, 9003 l~upertlno City Councll Page CLOSED SESSION - None ADJOURNMENT At 10:05 p.m. the meeting was adjourned to Monday, May 12 at 6:00 p.m. for a joint study session with the Parks and Recreation Commission to review community submittals from the Stevens Creek Corridor visioning exercise, City Hall Council Chambers, 10300 Torre Avenue. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CUPEP TINO DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Adjourned Meeting 10300 Torte Avenue, Council Chambers Monday, May 12, 2003 RECEPTION At 5:00 p.m. a reception with the visionaries of the Stevens Creek Corridor was held in the City Hall lobby. ROLL CALL At 6:00 p.m. Mayor Chang called the meeting to order in the Council Chambers, 10300 Torre Avenue, Cupertino, California, and led the Pledge o£Allegiance. Sandoval/James moved to excuse the absence of Council member Patrick Kwok. Vote: Ayes: Chang, James, Lowenthal, Sandoval. Noes: None. Absent: Kwok. City Council members present: Mayor Michael Chang, Vice-Mayor Sandra James, and Council members Dolly Sandoval and Richard Lowenthal. Council members absent: Kwok. Parks and Recreation Commissioners present: Chairperson Jeanne Bradford, and Commissioners Rod Brown, Frank Jelinch, Roger Peng, and Kris Wang. Staff present: City Manager David Knapp, Parks and Recreation Director Therese Smith, Administrative Secretary Marie Preston, and Deputy City Clerk Grace Johnson. ORAL COMMUNICATIONS Robert Levy, 10802 Wilkinson Ave., had concerns about the development at Sarron Gardens displacing the current residents and that there was no guarantee that the residents would be relocated into another area of Cupertino. STUDY SESSION 1. Joint meeting of the City Council and the Parks and Recreation Commission to review vision submittals for the Stevens Creek Corridor. The following community members shared their vision for the Stevens Creek Corridor Master Plan: May 12, 2003 Cupertino City Council Page 2 · James Feng · David Greenstein · Fran Grinels · Friends of Stevens Creek · Wilma Leonard Trail · Stevens Creek Elementary · Elena Volkovitskaia School · Anne Ng · Kennedy Middle School · Teen Commission · Rusty Brits · Mark Adams · Bob Levy · Jill Halloran · DeAnza Cupertino Aquatics · Lorraine Turner (DACA) · Teresa Nemeth · Larry Cormier · Tom Schaefer · Santa Clara Valley Audubon · Jeff Caldwell Society · Denise LePeilbert · John Gatto · Mike Sanchez · Cupertino Historical Society · Cris Wendt · Rhoda Fry · Norm Hackford · Dick Tho~npson · Frank Yap · May Koski · Deborah Jamison Some of the ideas included: · Keep open space and the natural environment along the creek · Add a mixed-use, unpaved trail from Stevens Creek to McClellan · Move some of the golf course holes away from the creek · Add bridges to cross the creek into the orchard and meadow · Add a playground · Use the Simms property as an educational facility · Add an indoor pool · Add a dog park · Restore the creek on the west side and expand recreation on the east side · Move the Historical Society Museum to the property · Move the entrance to Blackberry Farm to Stevens Creek and make the current entrance foot or bike only traffic · Add a zoo, arcade, more snack shacks, and souvenir shops · Support the idea for a new Cupertino Center for Living History on the site · Renovate the blacksmith shop and make the nature museum larger · Add an amphitheater · Add benches, restrooms, and historical markers along the new trail · Remove the golf course and make part of it a driving range · Add small restaurants May 12, 2003 Cupertino City Council Page 3 · Reduce the intense use of Blackberry Farm · Add additional parking · Add an organic garden · Add a skatepark, go-cart, and bocce ball area · Add a waterslide to the pools · Add a lake · Add art sculptures · Create a balance between conservation and recreation · The steelhead fish in the creek are endangered and the golf course pesticides nm into the creek · Name the area the Heritage Park · Add a buffer on the east for noise reduction · Add a youth camp Parks and Recreation Director Therese Smith said that the visions would remain hanging on the wall in City Hall through May 21. She said that the Community Center at Quinlan would be available on May 21 and 29 from 7:00-10:00 p.m. for visionaries to meet and talk about their ideas. She said that the Parks and Recreation Commission would meet on June 5 at 7:00 p.m. and that staff would work with the Commission throughout the summer to narrow down the ideas. Staff would bring the masterplan ideas back to Council possibly in September. Council members added their comments to what the visionaries shared. They did not add any new goals. ADJOURNMENT At 8:38 p.m. the meeting was adjourned to a study session on Monday, May 19, at 5:00 p.m. in Conference Room C to discuss preliminary plans for residential units at the rear of the Oaks Shopping Center and along Mary Avenue. Grace Johnson, Deputy City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised Council meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at www.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. DRAFT RESOLUTION NO. 03-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 16, 2003 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, tl~at the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June ,2003, bythe following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 05/15/03 CITY OF CUPERTINO ACCOL~TING PERIOD: 11/03 CHECK REGISTER - DISBURSEF~N~ PUleD CASH ACCT CHECK NO 1020 600592 V 1020 600619 V 1020 601037 ISSUE DT .............. VENDOR ............ FUND/DE9T 04/25/03 195 CUPERTINO SYMPHONIC B~TD 5606620 04/25/03 321 ~K FL~RVILLE 5606620 05/16/03 7 ABAG BLJ~N CORPORATION 1104540 1020 601038 05/16/03 9 1020 601038 05/16/03 9 1020 601038 05/16/03 9 1020 601038 05/16/03 9 1020 601038 05/16/03 9 1020 601038 05/16/03 9 1020 601038 05/16/03 9 1020 601038 05/16/03 9 1020 601038 05/16/03 9 1020 601038 05/16/03 9 TOTAL C~ECK 1020 601039 05/16/03 28 1020 601039 05/16/03 28 1020 601039 05/16/03 28 TOTAL C~ECK 1020 601040 05/16/03 2276 1020 601041 05/16/03 44 1020 601042 05/16/03 M 1020 601043 05/16/03 M 1020 601044 05/16/03 2757 1020 601045 05/16/03 M2003 1020 601046 05/16/03 M 1020 601047 05/16/03 621 1020 601048 05/16/03 M 1020 601049 05/16/03 M 1020 601050 05/16/03 130 1020 601051 05/16/03 2103 1020 601052 05/16/03 148 1020 601052 05/16/03 148 1020 601052 05/16/03 148 1020 601052 05/16/03 148 ABAG POWER PURCFL%SING PO 1108501 ABAG POWER PURC~{ASING PO 1108509 ABAG POWER PLrRC~INO PO 1108507 ABAG POWER p[IRC~LASING PO 1108508 mAG POWER PLr~C~{ASING PO 5708510 ABAG POWER PURC}LASING PO 1108505 ABAG POWER PURCHASING PO 1108504 ABAG POWER PURCNASING PO 1108503 ABAG POWER PURCF~ING PO 5606620 ABAG POWER PURCHASING PO 1108506 AIRGAS NUR 1108303 AIRGAS NUR 1108303 AIRGAS NUN 1108303 AL~A~4BRA 1104510 ~ERICA}; RED CROSS 1104400 AiqDERSON, GAIL 580 PAGE 1 ..... DESCRIPTION ...... SALES TAX AMOUNT SERVICE AGREEMENT FOR 0.00 -200.00 SERVICE AGREEMENT FOR 0.00 -350.00 MORRONE/LEGAL FEES 0.00 1Ii43.61 MAY2003 STATEMENT 0.00 1078.49 MAY20O3 STATEMENT 0.00 50.90 MAY2003 STATEMENT 0.00 315.38 MAY2003 STATEMENT 0.00 47.62 MAY2003 STATE'LENT 0.00 532.78 MAY2003 STATEMENT 0.00 201.72 MAY2003 STATEMENT 0.00 1750.80 MAY2003 STATEMENT 0.00 620.57 MAY2003 STATEMENT 0.00 632.80 MAY2003 STATEMENT 0.00 105.19 0.00 5336.25 FY 2002 2003 OPEN PURC 0.00 40.12 FY 2002 2003 OPEN pLIRC 0.00 330.90 FY 2002-2003 OPEN PURC 0.00 17.05 0.00 388.07 EMPLOYEE BOq~TLED WTR 0.00 192.50 CERTIFICATION FEE 0.00 136.00 Refund; Check - Return 0.00 300.00 Refund: Check - Return 0.00 300.00 DECORATIONS 0.00 340.00 TLT GRADUATION 0.00 115.44 Refund: Check - Picnic 0.00 55.00 BUSINESS WRITE 2/12 0.00 800.00 Refund: Check - Rental 0.00 750.00 Refund: Check - Refund 0.00 20.00 JOBLINE AD/RECREATION 0.00 11.25 CANCELLATION FEE 0.00 25.00 PETTY CASH 4/30 5/09 0.00 44.03 PETTY CAXR 4/30 5/09 0.00 27.40 PETTY C~H 4/30-5/09 O.00 28.00 PETTer CASk 4/30-5/09 0.o0 5.50 RUN DATE 05/15/03 TIME 11:42:38 05/15/03 CITY OF CUPERTINO PAGE 2 ACCOUNTING PERIOD: 11/03 C~ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "05/12/2003" and "05/16/2~03" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO TOTAL C~ECK 1020 601053 1020 601053 1020 601053 1020 601053 1020 601053 1020 601053 1020 601053 TOTAL CHECK 1020 601054 1020 601055 1020 601056 1020 601057 1020 601058 1020 601059 1020 601060 1020 601061 1020 601062 1020 601063 1020 601063 TOTAL C~ECK 1020 601064 1020 601064 1020 601064 1020 601064 TOTAL CHECK 1020 601065 1020 601066 1020 601067 1020 601067 TOTAL CHECK 1020 601068 1020 601069 ISSUE DT .............. VENDOR ............. FUND/DEPT 05/16/03 149 05/16/03 149 05/16/03 149 05/16/03 149 05/15/03 149 05/16/03 149 05/16/03 149 05/16/03 152 05/16/03 M2003 05/16/03 2626 05/16/03 M 05/16/03 2857 05/16/03 184 05/16/03 M2003 05/16/03 M 05/16/03 191 05/16/03 192 05/16/03 192 05/16/03 1306 05/16/03 1306 05/16/03 1306 05/16/03 1306 05/16/03 2085 05/16/03 M2003 05/16/03 209 05/16/03 209 05/16/03 2927 05/16/03 214 CASH 1107405 CASH 2159620 CASH 2607401 CASH 1107301 CASH 1104006 CA~qH 1104000 CASH 1104100 CEB:CONTINUING EDUCATION 1101500 Cq4AMPLAIN PLANNING PRESS 1101070 CI~G, CHEN-YA 1103300 CHOU, AI-LIN 580 CONCUR INC 2159620 JAMES COURTNEY 5606620' CRAFTSMEN'S GUILD INC. 1100000 CI3B SCOUTS PACK 415 560 CUPERTINO CHAMBER OF COM 1103300 CUPERTINO MEDICAL CENTER 1104510 CUPERTINO MEDICAL CENTER 5806449 CUPERTINO SANIT~JRY DISTR 5606680 CUPERTINO SANITARY DISTR 5606660 CUPERTINO SANITARY DISTR 560664~ CUPERTINO SANITARY DISTR 5606620 DB PROMOTIONS 110120~ DE ANZA PANKING FUNq) 1107301 DE A~ZA SERVICES INC 110850~ DE ANZA SERVICES INC 1108504 NINA DEES 5606620 DEPARTMENT OF TRANSPORTA 1108602 ..... DESCRIPTION ...... SALES TAX 0.00 AMOUNT 104.93 PETTY C~H 5/07-5/14 0.00 40.85 PETTY CASH S/07-5/14 0.00 29.67 PETTY CASH 5/07-5/14 0.00 10.89 PETTY CASH 5/07-5/14 0.00 110.90 PETTY CASH 5/07 5/14 0.00 114.40 pET~ CASH 5/07-5/14 0.00 -52.41 PETTY CASH 5/07-5/14 0.00 47.52 0.00 301.82 0.00 78.48 0.00 105.00 CA TORT GUIDE UPDATE RENWL PI~ CO~ JRNL CLIPPINGS APRIL03 Refund: Check - SPRING PERIOD 4/2-4/30/03 SERVICE AGREEMENT FOR REFD DUPL. B.LICENSE REPLACE CK~596235 MBRSHP DUES pHYSICAL/J.WALDORPH TUBERCULOSIS/ZEITMAN CHARGES 7/1/02-6/30/3 CHARGES 7/1/02-6/30/3 CNARGES 7/1/02-6/30/3 CHARGES 7/1/02-6/30/3 EMPLOYEE SERV AWARDS FEES/GNRL PLAN MTG EXTRA SERV 4/25 EXTRA CHRGS 4/20 0.00 200.00 SERVICE AGREEMENT FOR FY 2002-2003 OPEN PURC 0.00 62.00 0.00 13848.50 0.00 100.00 0.00 100.00 0.00 200.00 0.00 857.00 0.00 98.00 0.00 15.00 0.00 113.00 0.00 216.00 0.00 3618.26 0.00 322.21 0.00 3718.93 0.00 7875.40 0.00 376.01 0.00 150.00 0.00 260.00 0.00 95.00 0.00 355.00 0.00 95.00 0.00 64.55 RUN DATE 05/15/03 TIME 11:42:39 - FINANCI~ ACCOSTING 05/15/03 CITY OF CUPERTINO PAGE 3 ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FUND CRITERIA: transact.trans_date between "05/12/2003" and "05/16/2{)03" FUND - 110 - GENERAL FUND CASH ACCT C~iECK NO 1020 601070 1020 601071 1020 601071 TOTAL CHECK 1020 601072 1020 601073 1020 601073 TOTAL CHECK 1020 601074 1020 601075 1020 601082 1020 601082 1020 601082 TOTAL C~ECK 1020 601083 1020 601083 1020 601083 1020 601083 TOTAL CHECK 1020 601084 1020 601085 1020 601085 TOTAL CHECK 1020 601086 05/16/03 M 05/16/03 1912 05/16/03 1912 05/16/03 249 05/16/03 253 05/16/03 2558 05/16/03 2329 05/16/03 818 08/16/03 2843 05/16/03 268 05/16/03 268 05/16/03 273 05/16/03 273 DING, IGNATIUS 580 ELESCO:EMERGENCY LIGNTIN 1108504 ELESC0:EMERGENCY LIG~TIN 1108504 ESBRO CNEMICAL 5606620 EXC~GE LINEN SERVICE 3106265 FEET FIRST E~rfERTAINMENT 5806349 FIX AIR 1108505 FLOYD D BROWN 1108503 FOLGER GRAPHIC INC 1103400 FOSTER BROS SEC~JRIT~ SYS 1108504, FOSTER BROS SECURITY SYS 5606640 FREMONT I/NION H.S. DIST. 5806449 FREMONT UNION H.S. DIST. 5806449 05/16/03 1808 KlM FP~Y 5806349 05/16/03 1808 KIM FREY 5806449 05/16/03 1808 KIM FREY 5806249 05/16/03 281 GARDEN~ 1108407 05/16/03 281 GARDENLA~ 1108407 05/16/03 281 C~ENLAND 1108407 05/16/03 281 G~RDENI~D 1108407 05/16/03 M GOMOV, VYACNESLAV 580 05/16/03 298 GRAINGER INC 1108315 05/16/03 298 GP~AINGER INC 110883D 05/16/03 381 GRAYBAR ELECTRIC CO INC 1108501 ..... DESCRIPTION ...... SALES TAX AMOUNT BALLOONS 9479 0.00 57.81 LETTERHEAD PAPER 0.00 2956.84 LOGO ElqVELOPES WI/~DOW 0.00 4576.85 0.08 7533.69 Refund: Check Return 0.00 300.00 SUPPLIES 0.00 165.53 SUPPLIES 0.00 15.64 0.00 181.17 FY 2002-2003 OPEN PUNC 0.00 330.46 LINENS/SPECIAL EVENT 0.00 43.94 DANCE 5/16/03 0.00 380.00 PARTS/SUPPLIES 8943 0.00 49.73 SUPPLIES 0.00 132.60 MAY2003 SCENE 0.00 2679.93 SUPPLIES 0.00 85.63 SUPPLIES 0.00 25.60 0.00 111.23 POOL RENTAL CUPERTINO 0.00 12580.00 POOL RENT~%L M.VISTA 0.00 12580.00 0.00 25160.00 PW BBQ SUPPLIES 0.00 37.14 PW BBQ SUPPLIES 0.00 120.79 PW BBQ SUPPLIES 0.00 120.78 0.00 276.71 PARTS/SUPPLIES 0.00 356.14 PARTS/SUPPLIES 24108 0.00 19.36 SHINDAIWA HEDGE TRI~E 0.00 1426.18 RETLSLN 0.00 -446.81 0.00 1354.87 Refund: Check - SPRING 0.00 375.00 pARTS/SUPPLIES 24216 0.00 13.69 FY 2002-2003 OPEN PURC 0.00 120.63 0.00 134.32 PARTS/SUPPLIES 8.00 414.26 RUN DATE 05/15/03 TIME 11:42:39 FINANCIAL ACCOUNTING 05/15/83 CITY OF CUPERTINO PAGE 4 ACCOUNTING PERIOD: 11/03 C~ECK REGISTER - DISBURSEMENT FU~ SELECTION CRITERIA: transact.trans date between "05/12/2003" and "05/16/20'03" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 601087 05/16/03 2630 GREGORY B. BRAGG & ASSOC 6204550 1020 601088 05/16/03 334 EOME DEPO1 1020 601088 05/16/03 334 HOME DEPO~ 1020 601088 05/16/03 334 EOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601068 05/16/03 334 EOME DEPOT 1020 601088 05/16/03 334 EOME DEPOT 1020 601088 05/16/03 334 NOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 NOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 EOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 HOME DEPOT 1020 601088 05/16/03 334 EOME DEPOT 1020 601088 05/16/03 334 EOME DEPOT TOTAL C~!ECK GECF 1108312 GECF 1108312 OECF 1108407 GECF 2708405 GECF 1108407 GECF 5606620 GECF 1108303 GECF 1108314 ~GECF 2708403 'GECF 1108314 'GECF 5606640 'GECF 1108312 'GECF 1108407 'GECF 1108407 'GECF 1108321 'GECF 5606640 ~GECF 5606620 tGECF 1108530 IGECF 1108312 ~GECF 1108504 1020 601089 05/16/03 2027 M~3iSEA EOVEY 1104400 1020 601089 05/16/03 2027 ~UkRS~A EOVEY 1104400 TOTAL CHECK 1020 601090 05/16/03 1215 IC~ MEMBERSHIP RENEWALS 1101200 1020 601091 05/16/03 M2003 I~Q%ROS C~L~PTER 5600000 1020 601092 05/16/03 1981 INTERSTATE TP~FIC CON~ 2708404 1020 601093 05/16/03 M2003 JACOBS, ELLIS 110 1020 601094 05/16/03 1020 601094 05/16/03 TOTAL CHECK 2374 JII PROMOTIONS, INC. 1103300 2374 JII PROMOTIONS, INC. 1104400 1020 601095 05/16/03 807 C~L~RLES KILID2q 1101500 1020 601095 05/16/03 807 CI~%P~LES KILI;~N 1101500 TOTAL CEECK 1020 681096 05/16/03 373 KIRK XPEDX 1104310 1020 601097 05/16/03 2804 LAKE TRAFFIC SOLUTIONS 1108601 1020 601098 05/16/03 2300 BAP~ARA LAUX 5506549 1020 601099 05/16/03 391 LEAGUE OF CALIF CITIES 1101000 ..... DESCRIPTION ...... SALES TAX W.COMP CI~S ADM MAY03 0.00 AMOUNT 1575.00 PARTS/SUPPLIES 24239 0.00 34.27 P~%RTS/SUPPLIES 8915 0.00 145.23 PARTS/SUPPLIES 8928 0.00 179.35 P~-RTS/SUPPLIES 20525 0.00 15.37 PARTS/SUPPLIES 24163 0.00 31.57 PARTS/SUPPLIES 15948 0.00 373.92 PARTS/SUPPLIES 15585 0.00 3.02 pARTS/SUPPLIES 24574 0,00 20.45 PARTS/SUPPLIES 8871 0.00 329.08 P~kRTS/SUPPLIES 8873 0.00 381.97 PARTS/SUPPLIES 15949 0.00 103.82 PARTS/SUPPLIES 24232 0.00 24.89 P~kRTS/SUPPLIES 24556 0.00 29.88 PARTS/SUPPLIES 24557 0.00 23.18 PARTS/SUPPLIES 8890 0.00 120.04 PARTS/SUPPLIES 15952 0.00 59.35 PARTS/SUPPLIES 15953 0.00 282.78 PARTS/SUPPLIES 20526 0.00 8.39 PARTS/SUPPLIES 24234 0.00 14.04 PARTS/SUPPLIES 8901 0.00 231.36 0.00 2411.96 SUPPLIES 0.00 63.48 SKILL PATH SEMINAR 0.00 99.00 0.00 162.48 DUES 7/1/03-6/30/04 0.00 FEES/GREEK EASTER BBF 0.00 1440.97 1557.00 SUPPLIES 0.00 6131.28 REFD GEOLOGIC DPST FIRST AID SUPPLY PACK FIRST AID SUPPLY PACK 0.00 0.00 0.00 0.00 1403.57 619.21 619.21 1238.42 LCC 5/7-5/9 0.00 606.97 LLC 5/7-5/9 0.00 72.00 0.00 678.97 FY 2002-2003 OPEN PURC 0.00 SED STOP PADDLE 17351 0.00 SERVICE AGREEMENT FOR 0.00 R.LOWENTHAL DNNR 6/5 0.00 233.29 173.20 560.00 35.00 RUN DATE 05/15/03 TIME 11:42:39 - FIN~CIAL ACCOSTING 05/15/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FI/ND SELECTION CRITERIA: transact.trans_date between "05/12/2003" and "05/16/2003" FU~ - 110 - GENE~AL CAS~ ACCT C~ECK NO ISSUE DT .............. VENDOR ............. FUND/DEFT 1020 601100 05/16/03 1356 1020 601101 05/16/03 2357 1020 601102 05/16/03 M2003 1020 601103 05/16/03 M 1020 601104 05/16/03 2356 1020 601105 05/16/03 1602 1020 601106 05/16/03 M2003 1020 601107 05/16/03 444 1020 601107 05/16/03 444 TOTAL CHECK 1020 601108 05/16/03 1485 1020 601109 05/16/03 M 1020 601110 05/16/03 474 1020 601111 05/16/03 M2003 1020 601112 05/16/03 875 1020 601113 05/16/03 2193 1020 601114 05/16/03 499 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 1020 601115 05/16/03 493 TOTAL CHECK 1020 601116 05/15/03 500 1020 601116 05/16/03 500 1020 601116 05/16/03 500 TOTAL CHECK LEXISNEXIS MAT~EW BENDE 1101500 LIGHTHOUSE 6308840 LOC~tL GOVERN~NT PL~LICA 1101500 LYNAM, GRISELDA 560 LYNX TEC~OLOGIES 2109612 MBIA MUNISERVICES COMP/tN 1100000 MEEVA CHAWLA 2204011 MINTON'S LURER 1108312 MINTON'S LURER 1108312 MOORE IACOFA~O GOLTSFQ%N 1107302 Majumder, Sumit 550 NATIONAL BUSINESS FURNIT 1106265 NATIONAL BUSINESS INSTIT 1101500 NATIONAL CONSTRUCTION RE 1108312 NATIONAL NOTARY ASSOCIAT 1101500 DEBBIE O'NEILL 560662~ OFFICE DEPOT 1106100 OFFICE DEPOT 1106100 OFFICE DEPOT 1107503 OFFICE DEPOT 1104300 OFFICE DEPOT 1103300 OFFICE DEPOT 1104300 OFFICE DEPOT 1108601 OFFICE DEPOT 1104510 OFFICE DEPOT 1108101 OFFICE DEPOT 1104100 OFFICE DEPOT 1101201 OPERATING ENGINEERS PL~ 1104510 OPERATING ENGINEERS PLr~ 1104510 OPERATING ENGINEERS PUP 110 ..... DESCRIPTION ...... SALES TAX ATTY GEN OPINIONS EXTENSION CABLE 8910 LONGTIN 2003 UPDATE Refund: Check - SPRING DATA DEk~T/STORM DRN S.TAX AUDIT 4TE QTR SUPPLIES TLT DANCE PARTS/SUPPLIES 8960 PARTS/SUPPLIES 8953 SERVICE AGREEMENT FOR Refund: Check - Deposi MOBILE TRELE 17232 WILLS/TRUSTS SEMINAR RENTAL 4/30-5/27 D.JO~SON SE~TR 6/27 SERVICE AGREEMENT FOR OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES H & W RTIREE H & W RETIRED SPOUSE E & W EMPLOYEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 O.O0 0.00 PAGE 5 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUET 326.54 106.03 99.76 180.00 1925.00 1250.00 53.86 34.33 401.42 435.75 300.00 750.00 219.53 279.00 41.65 346.25 237.50 104.05 57.47 22.72 24.36 17.25 10.80 7.59 86.59 146.18 86.59 21.63 555.63 898.00 4575.00 4490.00 9963.00 RUN DATE 05/15/03 TIME 11:42:39 - FINANCIAL ACCOUNTING 05/15/03 CITY OF CUPERTINO PAGE 6 ACCOUNTING PERIOD: 11/03 C~ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: trans&ct.trans_date between "05/12/2003" and "05/16/2003" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DE~T 1020 601117 05/16/03 503 ORCHARD SUPPLY 5606620 1020 601117 05/16/03 503 ORCHi~D SUPPLY 5606620 1020 601117 05/16/03 503 ORCH~D SUPPLY 5606640 TOTAL CHECK 1020 601118 05/16/03 1220 ORC~L~ SUPPLY ~L~RDW~RE 1108830 1020 601118 05/16/03 1220 ORCHID SUPPLY H~DWA~E 1108501 1020 601118 05/16/03 1220 ORCHARD SUPPLY ~IARDWARE 1108830 1020 601118 05/16/03 1220 ORC~ SUPPLY HARDWARE 1108501 1020 601118 05/16/03 1220 OEC~ SUPPLY ~IARDWARE 1108501 1020 601118 05/16/03 1220 ORCHARD SUPPLY HARDWARE 1108503 TOTAL CHECK 1020 601119 05/16/03 504 ORIENTAL TR~ING CO 5806349 1020 601120 05/16/03 507 DAN OSBORNE DBA:OSBORNE 6308840 1020 601120 05/16/03 507 DAN OSBOP~NE DBA:OSBORNE 6308840 1020 601120 05/16/03 507 DAN OSBORNE DBA:OSBOR/qE 4209216 1020 601120 05/16/03 507 DA~ OSBORNE DBA:OSBORNE 6308840 TOTAL CHECK ..... DESCRIPTION ...... SALES TAX FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC 0,00 FY 2002-2003 OPEN PURC 0.00 0.00 AMOUNT 133.81 -8.09 14.27 139.99 SUPPLIES 0.00 35.70 SUPPLIES 0.00 13.59 SUPPLIES 0.00 8.65 SUPPLIES 0.00 108.24 ON-TIME DISCOUNT 0.00 -1.73 SUPPLIES 0.00 9.07 0.00 173.52 SUPPLIES 17252 0.00 177.32 TINE/MATERIALS 0.00 386.24 TIME/MATERIALS 0.00 285.94 TIME/MATERIALS 0.00 324.99 TIME/MATERIkLS 0.00 125.00 0.00 1122.17 1020 601121 05/16/03 2692 SEC 1108508 3/29-4/28 0.00 60.67 1020 601121 05/16/03 2692 SEC 1108509 3/29 4/28 0.00 54.86 1020 601121 05/16/03 2692 SEC 5708510 3/29-4/28 0.00 54.87 1020 601121 05/16/03 2692 SBC 5606620 3/29-4/28 0.00 161.00 1020 601121 05/16/03 2692 SBC 5606640 3/29-4/28 0.00 164.96 1020 601121 05/16/03 2692 SBC 1108501 3/29-4/28 0.00 115.07 1020 601121 05/16/03 2692 SEC 1108503 3/29-4/28 0.00 54.87 1020 601121 05/16/03 2692 SBC 1108201 3/29-4/28 0.00 251.05 TOTAL CHECK 0.00 917.35 TELEPHONE SERV ~3~q03 0.00 179.26 TELEPRONE SERViLe03 0.00 149.39 TELEPEONE SERV MAR03 0.00 328.65 TELEPEONE SERV MAR03 0.00 267.50 TELEPHONE SERV M3%R03 0.00 59.75 TELEPHONE SEHVMAR03 0.00 89.63 TELEPHO~q~ SERV M~03 0.00 89.63 TELEPHONE SERV MAR03 0.00 179.26 TELEPHONE SERV M~R03 0.00 89.63 TELEPHONE SERVMAR03 0.00 179.26 TELEPHONE SERV MAR03 0.00 29.88 TELEPHONE SERV MAR03 0.00 209.14 TELEPHONE SERV MAR03 0.00 89.63 TELEPHONE SERV MAR03 0.00 89.63 TELEPHONE SERV MAR03 0.00 478.04 TSLEPHONE SERV MAR03 0.00 29.88 TELEPHONE SERV MAR03 0.00 358.53 TELEPHONE SERVM3~R03 0.00 89.63 TELEPHONE SERV MAR03 0.00 268.89 TELEPHONE SERV M~03 0.00 59.75 WORLDCOM 1101000 WORLDCOM 1102100 WORLDCOM 1101500 WORLDCOM 1104300 WORLDCOM 1103300 WORLDCOM 1103500 WORLDCOM 1104000 WORLDCOM 1104100 WORLDCOM 1104200 WORLDCOM 1104510' WOALDCOM 1106647 WORLDCOM 1104530 WORLDCOM 1104400 WORLDCOM 1106100 WORLDCOM 1106265 WORLDCOM 1106529 'WORLDCOM 1106500 'WORLDCOM 1107200 'WORLDCOM 1107301 'WORLDCOM 1107302 1020 601124 05/16/03 511 PACIFIC EELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL RUN DATE 05/15/03 TI~E 11:42:39 05/15/03 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DI$BURSEMIgNT FUND SELECTION CRITERIA: transact.trans_date between "05/12/2003" and "05/16/2003" L020 601124 05/16/03 511 PACIFIC BELL 1028 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC EELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELl 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELl 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELI 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1620 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL 1020 601124 05/16/03 511 PACIFIC BELL TOTAL CHECK IWORLDCOM 1107501 IWORLDCOM 1101200 /WORLDCOM 1107502 /WORLDCOM 1108504 /WORLDCOM 1107503 /WORLDCOM 1108001 /WORLDCOM 1108101 fWORLDCOM 1108102 fWORLDCOM 1106265 /WORLDCOM 1108501 /WORLDCOM 1108503 /WORLDCOM 1108507 /WORLDCOM 5606620 /WORLDCOM 5706450 /WORLDCOM 1108601 /WORLDCOM 1108602 WORLDCOM 5208003 WORLDCOM 2308004 WORLDCOM 1106265 WORLDCOM 1108201 WORLDCOM 6104800 WORI~COM 5606620 WORLDCOM 5606640 WORLDCOM 5708510 WORLDCOM 1106265 WORLDCOM 1107301 WORLDCOM 1106647 WORLDCOM 1108511 WORLDCOM 1106504 WORLDCOM 1108407 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 OS/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 05/16/03 513 1020 601125 06/16/03 513 1020 601125 05/16/03 513 TOTAL CHECK PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC ..... DESCRIPTION ...... SALES TAX AMOUNT TELEPHONE SERV MAR03 0.00 388.40 TELEPHO~E SERV MAR03 0.00 89.63 TELEPHONE SERV MAR03 0.00 29.88 TELEPHONE SERVIa03 0.00 119.51 TELEPHONE SERV M~03 0.00 119.51 TELEPHONE SERV MAR03 0.00 149.30 TELEPHONE SERV MAR03 0.00 283.13 TELEPHONE SERV MAR03 0.00 29.88 TELEPHONE SERV MAR03 0.00 91.15 TELEPHONE SERV MAR03 0.00 671.21 TELEPHONE SERVMAR03 0.00 808.84 TELEPHONE SERV M~03 0.00 59.75 TELEPHONE SERVMAR03 0.00 298.77 TELEPHONE SERV ~IAR03 0.00 358.53 TELEPHONE SERV MAR03 0.00 89.63 TELEPHONE SERV MAR03 0.00 119.51 TELEPHONE SERV MAR03 O.OO 29.88 TELEPHONE SERVM3~R03 0.00 29.88 TELEPHONE SERV MAR03 0.00 89.63 TELEPHONE SERV MAR03 0.00 208.03 TELEPHONE SERV MAR03 0.00 567.67 TELEPHONE SERVMAR03 0,00 149.39 TELEPHONE SERVIa03 0.00 29.88 TELEPHONE SERV M~03 0,00 239.02 TELEPHONE SERV MAR03 0.00 209.14 TELEPHON~ SERV MAR03 0.00 59.75 TELEPHONE SERVMAR03 0.00 268.89 TELEPHONE SERV MAR03 0.00 59.75 TELEPHONE SERVIa03 0,00 30.25 TELEPHONE SERV MAR03 0.00 14.53 0.00 9007.37 5208003 3/06 5/05 0.00 1108315 3/06-5/05 0.00 1108506 3/06-5/05 0.00 1108501 3/06 5/05 0.00 1108312 3/06-5/05 1108407 3/06-5/05 0.00 1108602 3/06-5/05 0.00 1108504 3/06-5/05 0.00 1108511 3/06-5/05 0.00 1108303 3/06-5/05 0.00 560662O 3/06-5/05 0.00 1108505 3/06-5/05 0.00 1108314 3/06-5/05 0.00 5708510 3/06 5/05 0.00 1108503 3/06-5/05 0.00 5606640 3/06 5/05 0.00 1108507 3/06 5/05 0.00 1108830 3/06-5/05 0.00 0.00 31.54 232.26 399.96 8234.34 274.32 4459.89 3223.33 9821.34 647.06 14309.43 2833.42 4751.16 775.14 6919.42 3601.11 366.87 911.90 43.47 61835.96 RUN DATE 05/15/03 TIME 11;42:39 05/15/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trams_date between "05/12/2003" and "0S/16/2003" FL~ - 110 - GENERAL FUND PAGE 8 ..... DESCRIPTION ...... SALES TAX AMOUNT 1020 601126 05/16/03 1699 1020 601126 05/16/03 1699 TOTAL CHECK 1020 601127 05/16/03 515 PACIFIC GAS & ELECTRIC C 1108602 PACIFIC GAS & ELECTRIC C 1108602 PACIFIC WEST SECURITY IN 1108504 1020 601128 05/16/03 520 PAPERDIRECT INC 1103300 1020 601129 05/16/03 526 1020 601129 05/16/03 526 1020 601129 85/16/03 526 1020 601129 05/16/03 526 TOTAL CHECK 05/16/03 M 05/16/03 1675 85/16/03 1675 1020 601130 1020 601131 1020 601131 TOTAL UNECK 1020 601132 05/16/03 542 1020 601132 05/16/03 542 1020 601132 05/16/03 542 TOTAL CHECK 1020 601133 05/16/03 1647 1020 601133 05/16/03 1647 TOTA~ CHECK 1020 601134 05/16/03 1247 1020 601135 05/16/03 2951 1020 601136 05/16/03 2332 1020 601136 05/16/03 2332 1020 601136 05/16/03 2332 1020 601136 05/16/03 2332 1020 601136 05/16/03 2332 TOTAL CHECK 1020 601137 05/16/03 601 1020 601137 05/16/03 601 TOTAL CHECK 1020 601138 05/16/03 2949 1020 601139 05/16/03 621 1020 601139 05/16/03 621 1020 601139 05/16/03 621 TOTAL CHECK PENINSULA DIGITAL IMAGIN 4239222 PENINSULA DIGITAL IMAGIN 4239222 PENINSULA DIGITAL IMAGIN 4239222 PENINSUL~ DIGITAL IMAGIN 4239222 PERKINS, MICHELE 580 CAROL PHILLIPS 1106500 CAROL PNILLIPS 1106200 MILLER/BARCELONA OCT 0.00 39.65 MILLER/BARCELONA SEPT 0.00 39.48 O.00 79.13 SERVICE CALL 4/30 0.00 247.66 OFFICE SUPPLIES 0.00 144.90 CIVIC CENTER AND LIBRA 0.00 101.02 CIVIC CENTER AND LIBRA 0.00 2559.07 CIVIC CENTER AND LIBRA 0.08 1452.82 CIVIC CENTER AND LIBRA 0.00 14.29 0.00 4127.20 Refund: Check 4 SPRING CLASS SMNR 4/29-5/4 CI~S S~5~R 4/29-5/4 0.00 82.67 0.00 546.42 0.00 168.62 0.00 715.04 PINE CONE LURER 1108504 SUPPLIES 0.00 299.29 PINE CONE LL~4BER 1108504 SUPPLIES 0.00 338.12 PINE CONE LURER 1108504 SUPPLIES 0.00 90.84 0.00 728.25 POST~L~STER 1101040 POSTMASTER 1103400 MARIE PRESTON 5609112 R W FRENCH CONSTR., INC 1108101 RENTAL SERVICE CORP. 1108312 RENTAL SERVICE CORP. 1108312 RENTAL SERVICE CORP. 1108504 RENTAL SERVICE CORP. 1108504 RENTAL SERVICE CORP. 1108312 TRUST ACCT 201326 0.00 200.00 SO[/NDOFF CARD/SCENE 0.00 200.00 O.O0 400.00 RECEPTION 0.00 420.66 REPAIR WATER LINE 0.00 4105.36 PARTS 24504 0.00 6.07 SAFETY CABLES 24503 0.00 53.09 0.00 59.16 STORM DRAIN 8933 0.00 340.99 LEG~ ~/3S 0.00 347.36 LEGAL ADS/SPORT CTR 0.00 2952.56 LEGAL ASS/LIBRARY 0.00 5990.76 0.00 9290.68 · ROYAL BRASS INC 2708404 ROYAL BRASS INC 2708405 SAN JOSE FO~/NDRY INC. 2109612 THE ~RCURY NEWS 1104300 THE MERCORY NEWS 4269212 THE MERCURY NEWS 4239222 RUN DATE 05/15/03 TIME 11:42:40 FINANCIAL ACCOUNTING 05/15/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/83 CHECK REGISTER - DISBUl~SEM~NT SELECTION CRITERIA: transact.trans_date between "05/12/2003" and "05/16/2003" FUND - 110 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEpT ..... DESCRIPTION ...... SALES TAX PAGE 9 AMOUNT 1020 601144 05/16/03 625 S~-NJOSE WATER COMPAi~Y 1108314 1020 601144 05/16/03 625 S~N JOSE WATER COMPA~ 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPA~ 5606620 1020 601144 05/16/03 625 S/%NJOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 S~N JOSE WATER COMPAI~ 1108407 1020 601144 05/16/03 625 S~ JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPARY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPA/qY 1108407 1020 601144 05/16/03 625 SA~ JOSE WATER COMPkNY 1108407 1020 601144 05/16/03 625 SAi~JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPA/~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPA3~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPAI~Y 1108312 1020 601144 05/16/03 625 SAN JOSE WATER COMP/LNY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 5708510 1020 601144 05/16/03 625 SAN JOSE WATER COMPA/~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108408 1020 601144 05/16/03 625 SAN JOSE WATER COMP/LNY 1108504 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108504 1020 601144 05/16/03 625 SAN JOSE WATER COMPA~ 1108303 1020 601144 05/16/03 625 SAN JOSE WATER COMP/~NY 1108303 1020 601144 05/16/03 625 SAI~JOSE WATER COMPAi~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPA/qY 5606640 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108504 1020 601144 05/16/03 625 SAN JOSE WATER COMPA~ 5606620 1020 601144 05/16/03 625 SA/~ JOSE WATER COMP~NY 5606620 1020 601144 05/16/03 625 S~N JOSE WATER COMPANY 1108312 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108312 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108321 1020 601144 05/16/03 625 SAN JOSE WATER COMPA/~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108312 1020 601144 05/16/03 625 SA/~ JOSE WATER COMPANY 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMP~t~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108321 1020 601144 05/16/03 625 SAN JOSE WATER COMP/LNY 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPA/~Y 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108506 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 5708510 1020 601144 05/16/03 625 S~/qJOSE WATER COMP~lqY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMP~NY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPA~ 1108407 1020 601144 05/16/03 625 SA/~ JOSE WATER COMPANY 1108505 1020 601144 05/16/03 625 SA/q JOSE WATER COMP~Pf 1108505 1020 601144 05/16/03 625 SAN JOSE WATER COMPARY 1108321 3/28-4/28/03 3/28-4/28/03 2/26-4/24/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28~4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 2/26-4/24/03 3/27-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28~4/28/03 3/28-4/28/03 4/04-4/30/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 3/28-4/28/03 03/06-5/02/03 3/05-5/01/03 3/06-5/01/03 3/06-5/02/03 3/06-5/02/03 3/06-5/02/03 3/06-5/02/03 3/07-5/05/03 3/07-5/05/03 3/06-5/02/03 2/27-4/24/03 3/06-5/01/03 2/27-4/24/03 2/26-4/24/03 2/27-4/24/03 2/26-4/24/03 3/06-5/02/03 3/06-5/02/03 3/28-4/28/03 4/01-4/30/03 4/01-4/30/03 0.00 235.69 0.00 65.61 0,00 98.06 0.00 82.66 0.00 101.56 0.00 31.02 8.00 32.72 0.00 29.30 0.00 16.05 0.00 43.04 0.00 316.30 0.00 163.40 0.00 203.06 0.00 89.08 0.00 103.41 0.00 114.87 0.00 117.86 0.O0 86.23 0.00 94.83 0.00 75.93 0.00 300.98 0.00 31.02 0.00 740.76 0.00 9.00 0.00 127.45 0.00 93.10 0.00 325.02 0.00 524.68 0.00 171.39 0.00 265.47 0,00 31.54 0.00 129.58 0.00 48.95 0.00 631.29 RUN DATE 05/15/03 TIME 11:42:40 - FINANCIAL ACCOUNTING 05/15/03 CITY OF CUPERTINO PAGE 10 ACCOUNTING PERIOD: 11/03 CWECK REGISTER - DISBURSEMENT FUND SELECTION C~ITERIA: transact.tran$_dat~ between "05/12/2003" and "05/16/2003" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............ FUND/DEPT 1020 601144 05/16/03 625 SAN JOSE WATER COMP]LNY 1108314 1020 601144 05/16/03 625 S/~NJOSE WATER COMPA~D/ 1108321 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108315 1020 601144 05/16/03 625 SA~ JOSE WATER COMPA~ 1108315 1020 601144 05/16/03 625 SAN JOSE WATER COMP~/qY 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPA~ 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMP~ 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMP~NY 1108315 1020 601144 05/16/03 625 SA/~ JOSE WATER COMPANY 1108315 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108315 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPAi~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108506 1020 601144 05/16/03 625 SAN JOSE WATER COMPA~ 1108407 1020 601144 05/16/03 625 SA/qJOSE WATER COMPA/~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SILNJOSE WATER COMP/~ 1108407 1020 601144 05/16/03 625 S~N JOSE WATER COMP~/~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPAATy 1108321 1020 601144 05/16/03 625 SA~ JOSE WATER COMP~%t~Y 1108407 1020 601144 05/16/03 625 SA~ JOSE WATER COMP~qY 5708510 1020 601144 05/16/03 625 SAi~ JOSE WATER COMPAi~Y 5606620 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108506 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMP~~/qY 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108407 1020 601144 OS/16/03 625 SA~ JOSE WATER COMP~NY 5606620 1020 601144 05/16/03 625 SAN JOSE WATER COMP~2~Y 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 5708510 1020 601144 05/16/03 625 SAN JOSE WATER COMPAJ~Y 1108303 lO2O 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108303 1020 601144 05/16/03 625 SA/~JOSE WATER COMP~/~Y 1108303 1020 601144 09/16/03 625 SAN JOSE WATER COMPA/qY 1106503 1020 601144 05/16/03 625 SAN JOSE WATER COMPA~ 1108407 1020 601144 05/16/03 625 SAN JOSE WATER COMP~LNY 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108314 1020 601144 05/16/08 625 SA/q JOSE WATER COMPA~ 1108507 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108302 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108314 1020 601144 05/16/03 625 SAN JOSE WATER COMPANY 1108314 TOTAL CHECK 1020 601145 05/16/03 628 SANTA CI~ COUNTY SHERI 1102100 1020 601146 05/16/03 633 SANTA CL~ COUI~Y SHERI 1103300 1020 601147 05/16/03 1648 SAVIN CORPOP~TION (SUPPL 1104310 ..... DESCRIPTION ...... SALES TAX AMOUNT 3/29-4/25/03 0.00 460.23 3/29-4/25/03 0.00 159.56 3/29-4/25/03 0.00 854.65 3/29-4/25/03 0.00 119.51 3/28-4/25/03 0.00 575.92 3/29-4/25/03 0.00 513.22 3/29~4/25/03 0.00 499.27 3/05-5/01/03 0.00 197.52 4/01-4/30/03 0.00 36.50 3/29-4/25/03 0.00 621.22 3/29-4/25/03 0.00 61.15 3/28-4/28/03 0.00 37.99 3/28-4/28/03 0.00 37.99 3/28-4/28/03 0.00 56.79 3/28-4/28/03 0.00 12.61 2/26-4/24/03 0.00 31.16 3/28-4/28/03 0.00 123.90 3/28-4/28/03 0.00 15.55 3/28-4/28/03 0.00 15.55 3/28-4/28/03 0.00 82.78 4/01-4/30/03 0.00 36.50 3/28'4/28/03 0.00 27.57 4/01-4/30/03 0.00 9.00 3/28-4/28/03 0.O0 9,49 3/28-4/28/03 0.00 60.22 3/28-4/28/03 0.00 15.55 3/28-4/28/03 0.00 18.98 3/28-4/28/03 0.00 73.97 3/28-4/28/03 0.00 74.21 3/28-4/28/03 0.00 37.99 3/28-4/26/01 0.00 270.05 3/28-4/28/03 0.00 87.95 3/28-4/28/03 0.00 177.29 3/28-4/28/03 0.00 845.59 3/28-4/28/03 0.00 77.63 3/28-4/28/03 0.00 98.25 3/28-4/28/03 0.00 93.10 3/2844/28/03 0.00 91.38 3/28-4/28/03 0.00 81.08 3/28-4/28/03 0.00 519.17 3/28-4/28/03 0.00 505.42 3/28-4/28/03 0.00 125.75 3/28-4/28/03 0.00 258.74 0.00 15566.46 SERVICE MAY 2003 0.00 480787.17 CHERRY BLOSSOM FSTVL 0.00 2032.78 5/13-8/12 W2400800225 0.00 156.99 RUN DATE 05/15/03 TIME 11:42:40 - FINANCIAL ACCOUNTING 05/15/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FL~ PAGE ..... DESCRIPTION ...... SALES TAX AMOUNT 1026 601148 05/16/03 2397 1820 601149 05/16/03 2313 1020 601150 05/16/03 2051 1020 601151 05/16/03 652 1020 601152 05/16/03 2810 1020 601152 05/16/03 2810 1020 601152 05/16/03 2810 1020 601152 05/16/03 2810 1020 601152 05/16/03 2810 TOT;%L CHECK 1020 601153 05/16/03 2834 1020 601153 05/16/03 2834 1020 601153 05/16/03 2834 1020 601153 05/16/03 2834 TOTAL CHECK 1020 601154 05/16/03 1011 1020 601155 05/16/03 M 1020 601156 05/16/03 M 1020 601157 05/16/03 2045 1020 601157 05/16/03 2045 1020 601157 05/16/03 2045 1020 601157 05/16/03 2045 TOT~-L CHECK i020 601158 05/16/03 M2003 1020 601159 05/16/03 695 1020 601159 05/16/03 695 1020 601159 05/16/03 695 1020 601159 05/16/03 695 1020 601159 05/16/03 695 1020 601159 05/16/03 695 TOTAL CHECK 1020 601160 05/15/03 M 1020 601161 05/16/03 698 1020 601162 05/16/03 700 1020 601162 05/16/03 700 1020 601162 05/16/03 700 SAVIN CREDIT CORPORATION 1104310 SHERVINGTON, SKIP 1102403 SI~JDAT ENTERPRISES, INC. 6308840 SIERRA SPRINGS WATER CO. 1101500 SMJkRT & FINAL 5806349 SMART & FINAL 5806349 SSI~RT & FINAL 5806249 S~T & FINAL 5806349 S~RT & FIN2%L 1104510 SMART & FINAL 1106343 SMART & FINkL 1101000 SM3~RT & FINkL 5806349 S~L~kRT & FINAL 1101200 STATE B0~tD OF EQUALIZAT 110 SU, LIYING 580 SUZUKI, ~JKIRA 580 SVCN 1104300 SVCN 1104300 SVCN 1104300 SVCN 1104300 SWAGAT INDIDJq CUISINE 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 1106500 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5506549 SYSCO FOOD SERVICES OF S 5609112 TAI, DEBBIE 580 TALLY'S ENTERPRISES 1108314 T~%RGET SPECIALTY PRODUCT 1108314 TARGET SPECIALTY PRODUCT 1108315 TD~RGET SPECI~LTY PRODUCT 1108302 0041626657000 0.00 137.83 SC~ COI~RTER/L.TOP 0.00 108.24 CAR WASH 4/7-5/6 0.00 130.00 EMPLOYEE BOTTLE WTR 0.00 20.27 BBQ SUPPLIES 0.00 49.80 BBQ SUPPLIES 0.00 33.84 BBQ SUPPLIES 0.00 12.94 SUPPLIES 17241 0.00 173.02 SUPPLIES 17241 0.00 11.96 0.00 281.56 FOOD SUPPLIES 17250 0.00 40.23 FOOD SUPPLIES 17250 0.00 78.05 FOOD SUPPLIES 17250 0.00 156.12 FOOD SUPPLIES 17250 0.00 78.06 0.00 352.46 APRIL 2003 0.00 1555.00 REFOI~DS 207815/207816 0.00 83.00 Refund: Check - SL~ER 0.00 160.00 FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PLqlC FY 2002-2003 OPEN PURC INT'L LUNCH 5/22 COFFEE SOCI;kLS SUPPLIES COFFEE SOCIBLS CITY Refund: Check - WINTER M.VISTA PRK REPAIRS FY 2002-2003 OPEN pLrRC FY 2002-2003 OPEN PHRC FY 2002-2003 OPEN PL~RC 0.00 50.00 0.00 40.00 0.00 180.00 0.00 80.00 0.00 350.00 0.00 500.00 0.00 19.70 0.00 32.23 0.00 280.09 0.00 189.56 0.00 57.64 O.00 82.71 0.00 661.93 0.00 27.50 0.00 1802,00 0.00 331.07 0.00 331.07 0.00 331.07 RUN DATE 05/15/03 TIME 11:42:40 FINANCIAL ACCOUNTING 05/15/03 CITY OF CUPERTINO PAGE 12 ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_da~e between "05/12/2003" and "05/16/2003" 1020 601162 05/16/03 700 1020 601162 05/16/03 700 1020 601162 05/16/03 700 TOTAL CHECK TARGET SPECIALTY PRODUCT 1108312 TARGET SPECIALTY PRODUCT 1108303 TARGET SPECIILLTY PRODUCT 1108321 1020 601163 05/16/03 701 T~%RGET STORES 1106343 1020 601163 05/16/03 701 TARGET STORES 5708450 TOTAL CHECK 1020 601164 05/16/03 989 THOMPSON PLrBLISHING GROU 1104510 1020 601165 05/16/03 2781 ~uL TSUGAWA 1104400 1020 601166 05/16/03 727 U S POS~TER 5806249 1020 601166 05/16/03 727 U S POSq~4A~TER 5806349 1020 601166 05/16/03 727 U S POSTFk~STER 5806449 TOTAL CHECK 1020 601167 05/16/03 737 V~J~LEY CREST TREE COMP/~N 1108408 1020 601168 05/16/03 746 VIKING OFFICE PRODUCTS 1106500 1020 601169 05/16/03 1342 VESTA WALDEN 5606620 1020 601170 05/16/03 2925 1020 601170 05/16/03 2925 1020 601170 05/16/03 2925 TOTAL CHECK WULFSBERG REESE COLVIG & 4269212 ~UJLFSBERG REESE COLVIG & 4239222 ~U3LFSBERG REESE COLVIG & 4259313 1020 601171 05/16/03 962 LINDA yELJkVICR 5506549 1020 601172 05/16/03 805 1020 601172 05/16/03 805 1020 601172 05/16/03 805 1020 601172 05/16/03 805 1020 601172 05/16/03 805 1020 601172 05/16/03 805 1020 601172 05/16/03 805 1020 601172 05/16/03 805 1020 601172 05/16/03 805 TOT~L CHECK ZUMWALT ENGINEERING GROU 2709531 ZUMWALT ENGINEERING GROU 2709531 ZI3MWALT ENGINEERING GROU 2709531 ZL~ALT ENGINEERING GROU 2709531 ZLT~ALT ENGINEERING GROU 2709531 ZL~ALT ENGINEERING GROU 4209535 ZIR4WALT ENGINEERING GROU 4209535 ZL~ALT ENGINEERING GROU 4209535 ZL~-LT ENGINEERING GROU 4209535 TOTAL REPORT ..... DESCRIPTION ...... FY 2002-2003 OPEN PCRC FY 200242003 OPEN PURC FY 200~-2003 OPEN PURC SUPPLIES 17534 SUPPLIES 25141 F,LJ~OR NANDBKS SERVICE AGREEMENT FOR POSTAGE STAMPS POSTAGE STAMPS POSTAGE STAMPS REPLACEMENT STREET TP~E OFFICE SUPPLIES 16087 SERVICE AGREEMENT FOR SERVICE AGREEMENT FOE SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR CRKES/B.DAY & F.SHOW PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PUBLIC WORKS CONTRACT PGBLIC WORKS CONTRACT WORK PLJ~N COST PROPOSA WORK PLAN COST PROPOSA WORK PiJ%N COST PROPOSA WORK PLA/~ COST PROPOSA 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0,00 0,00 0.00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0,00 0,00 0.00 0,00 0,00 0.00 0.00 0.00 A[4OUNT 331.07 331.07 331.08 1986.43 62.84 47.92 110,76 329.00 500.00 74,00 74.00 74.00 222.00 3457.36 144.37 95.00 1425.51 3054.66 610.93 5091.10 49.98 1811.41 2757.02 2873.27 791.19 166.57 653,22 2489.75 3361.43 637.44 15541.30 746746.72 746746.72 746746.72 RUN DATE 05/15/03 TIME 11:42:40 - FINANCIAL ACCO[/NTING DRAFT RESOLUTION NO. 03-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFITER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING MAY 23, 2003 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit "A". CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June ,2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 05/22/03 CITY OF C~3PERTI~O ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "05/19/2003" amd "05/23/2003" FUND - 110 - GEhVER3%L FUND C~H ACCT CHECK NO 1020 600986 V 1020 601173 1020 601173 TOTAL CHECK ISSUE DT .............. VENDOR ............. FUND/DEPT 05/09/03 1699 PACIFIC GAS & ELECTRIC C 4269212 05/23/03 859 A CATERED AFFAIR 1103501 05/23/03 859 A CATERED AFFAIR 1103501 1020 601174 05/23/03 4 A T & T 1108501 1020 601174 05/23/03 4 A T & T 1109501 1020 601174 05/23/03 4 A T & T 1108501 1020 601174 05/23/03 4 A T & T 1109501 1020 681174 05/23/03 4 A T & T 1108501 TOT~,L CHECK 1020 601175 05/23/03 858 ACI HOLDINGS, INC. 1100000 1020 601176 05/23/03 1680 ~2DV~%ITAGE GRAFIX 1103300 1020 601176 05/23/03 1680 ~/DVD2~TAGE GP~FIX 1104000 1020 601176 05/23/03 1680 ADV~TAGE GR3%FIX 2308004 TOTAL CHECK 1020 601177 05/23/03 28 AIEG~ NCN 6308840 1020 601178 05/23/03 29 LYI~NE DI/L~ AITKEN 5706450 1020 601179 05/23/03 1884 1020 601179 05/23/03 1884 1020 601179 05/23/03 1884 1020 601179 05/23/03 1884 1020 601179 05/23/03 1884 TOTAL CHECK 1020 601180 05/23/09 2319 1020 601181 05/23/03 2233 1020 601182 05/23/03 2007 1020 601183 05/23/03 57 1020 601184 05/23/03 61 1020 601184 05/23/03 61 TOTAL CHECK 1020 601185 05/23/03 2945 1020 601186 05/23/03 2504 1020 601187 05/23/03 720 1020 601188 05/23/03 2934 ALBERTSONS-NORTHERN DIVI 5806349 ~J~BERTSONS-NORTHERi~ DIVI 5806349 ~J~BERTSONS-NORTRERiq DIVI 5806349 AL~ERTSONS-NORTHERN DIVI 5506549 ~LBERTSONS-NORTHER.N DIVI 1106343 ~.LL CITY MA/qAGEMENT SERV 1108201 ALWAYS I/NDER PRESSURE 6308840 NAT~U4AUSTIN 5806249 ANNE-LORRAINE B;%qI 5706450 BATTERY SYSTEMS 6308840 BINDVIEW CORPORATION 6109856 ..... DESCRIPTION ...... TEMP SERV/SPORTS C~ CREST P~CEPTION CREST RECEPTION PAGE 1 AMOUNT 0.00 -318.00 0.00 2500.OO 0.00 531.00 0.00 3031.00 MAy 2003 STATEMENT 0.00 20.10 MAY 2003 STATEMENT 0.00 20.10 MAY 2003 STATEMENT 0.00 20.10 blAY 2003 STATEMENT 0.00 35.28 MAY 2003 STATEMENT 0.00 20.10 0.00 115.68 0.00 254197.00 CHERJ~Y BLOSSOM FSTVL 0.00 1000.26 PAPER 17448 0.00 58.08 DISC~L~GE COMPLI/~NCE 0.00 133.22 0.00 1191.56 FY 2002 2003 OPEN PUEC 0.00 295.36 0.00 150.00 0.00 13.06 0.00 48.92 0.00 37.70 0.00 400.00 0.00 25.61 0.00 525.29 SERVICE AGREEMENT FOR SUPPLIES 25169 SUPPLIES 25173 SUPPLIES 23233 GIFT CERT. 16084 SUPPLIES 25175 SERVICES MAY 2003 0.00 7487.40 STM CLEAR REPR 8973 0.00 203.70 CONVERSION KIT 8949 0.00 204.53 EMPLOYEE COFFEE 0.00 299.66 PI~NT CARE MAY2003 0.00 130.00 PLANT CARE MAY2003 0.00 460.00 0.00 590.00 0.00 217.50 0.00 360.00 0.00 77.83 SERVICE AGREF~MT FOR SERVICE AGREEMENT FOR FY 2002-2003 OPEN PCHC N~kNAGED MIRGP~TION 12 0.00 1150.44 RUN DATE 05/22/03 TIME 10:15:20 - FINANCIAL ACCOUNTING 05/22/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/03 CHECK REGISTER - DISBUNSEMI~NT FUND SELECTION CRITERIA: transact.trans_date between "05/19/2003" and "05/23/2~03" FUND - 118 - GENEI{AL FUND CASE ACCT CHECK NO 1020 . 601189 05/23/03 M 1020 601190 05/23/03 867 1020 601191 05/23/03 M 1020 601192 05/23/03 M 1020 601193 05/23/03 2232 1020 601193 05/23/03 2232 TOTAL CHECK 1020 601194 05/23/03 146 1020 601194 05/23/03 146 TOTAL CHECK 1020 601195 05/23/03 148 1020 601195 05/23/03 148 1020 601195 05/23/03 148 TOTAL CHECK 1020 601196 05/23/03 1057 1020 601196 05/23/03 1057 TOTAL CHECK 1020 601197 05/23/03 1156 1020 601198 05/23/03 M 1020 601199 05/23/03 169 1020 601200 05/23/03 174 1020 601200 05/23/03 174 TOTAL CHECK 1020 601201 05/23/03 178 1020 601202 05/23/03 2923 ISSUE DT .............. VENDOR ............. FUND/DEPT BLEIER, SARIT 580 BRIAN KANGAS FOULK 2709430 BRONER, TIhx~fY 580 BRONER, T/q~iY 580 CkRIAGA, LOURDES 110 CARIAGA, LOURDES 110 CASH 1106342 CASH 5806349 CASH 1108830 CASH 1108315 CASH 1108303 CERIDIAN BENEFITS SERVIC 110 CERIDIAN BENEFITS SERVIC 110 CHA 110 CHANG, JENNY 580 CLEARY CONSULTANTS INC 2709430 COCA-COLA 5706450 COCA-COLJ~ 5706450 COLONIAL LIFE & ACCIDENT 110 COLOR OPTIC 1104400 COLONS OF CUPERTINO 110 COMPUTER XTRAS XPRESS 6104800 CONNOR, MARY HELEN 580 BRIAN CORDIEL 5606620 ~ING HENDERSON TIRE 6308840 CUPERTINO LOC-N-STOR LLC 1108503 CUPERTINO LOC-N-STOR LLC 1108501 PAGE 2 ..... DESCRIPTION ...... SALES TAX AMOUNT Refund: Check - SPRING 0.00 33.33 P.O.#00030281 CARRYOI/E 0.00 6126.81 Refund: Check - SUMMER 0.00 94.00 Refund: Check - SU~94ER 0.00 4.00 CSGARNSMNT 0.00 306.50 SSGARNSMNT 0.00 103.84 0.00 410.34 PETTY CASH 4/22-5/01 0.00 6.28 PETTY CASH 4/22-5/01 0.00 195.98 RLrN DATE 05/22/03 TIME 10:15:20 - FINANCIAL ACCOUNTING 05/22/03 CITY OF CUPEKTINO PAGE 3 ACCOUNTING PERIOD: 11/03 CWECK ~EGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. Srans_date between "05/19/2003" and "05/23/2003" 1020 801209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 1020 601209 05/23/03 1306 TOTAL C~ECK CUPERTINO SANITARY DISTR 1108509 CUPERTINO SANITARY DISTR 1108503 CUPERTINO SANITARY DISTR 1108303 CUPERTINO SANITARY DISTR 5708510 CUPERTINO SANITARy DISTR 1106507 CUPEETINO SANITARY DIS~ 1108314 CUPERTINO SANITARY DISTR 1108506 CUPERTINO SANITARY DISbaR 1108508 CUPERTINO SANITARY DISTR 1108501 CUPERTINO SANITARY DISTR 1108504 CUPEETINO SANITARY DISTE 1106505 1020 601210 05/23/03 198 CUPERTINO LTNION SCHL DIS 5806349 1020 601211 05/23/03 2866 DIANA R. ELROD 1107405 1020 601212 05/23/03 M2003 DI~W~kN, JO~L~/q 110 1020 601213 05/23/03 2922 DAVE'S AUTO & FABRICATIO 6308840 1020 601214 05/23/03 2085 DB PROMOTIONS 1103300 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601218 05/23/03 209 1020 601215 05/23/03 209 1020 601215 08/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/83/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 1020 601215 05/23/03 209 TOTAL CNECK DE ANZA SERVICES INC 5606620 DE ARZA SERVICES INC 5606620 DE /LNZA SERVICES INC 5606640 DE ANZA SERVICES INC 1108302 DE ANZA SERVICES INC 1108509 DE ANZA SERVICES INC 1108506 DE ANZA SERVICES INC 1108504 DE AiqZA SERVICES INC 5708510 DE ANZA SERVICES INC 1108507 DE ~NZA SERVICES INC 1108505 DE ANZA SERVICES INC 1108508 DE ANZA SERVICES INC 1108501 DE ANZA SERVICES INC 1108502 DE ANZA SERVICES INC 1108503 DE AN~ SERVICES INC 1108303 DE ANZA SERVICES INC 1108314 DE AZqZ~ SERVICES INC 1108315 DE ANZA SERVICES INC 1108407 DE AN~ SERVICES INC 1108504 1020 601216 05/23/03 1838 DELL M~KETING L.P. 6104800 1020 601217 05/23/03 676 DEPARTMENT OF J~3STICE 1104510 1020 601218 05/23/03 2795 DEVCON ASSOCIATES XVI 4239222 ..... DESCRIPTION SEWER 7/01/02-6/30/03 SEWER 7/01/02-6/30/03 SEWER 7/01/02-6/30/03 SEWER 7/01/02-6/30/03 SEWER 7/01/02~6/30/03 SEWER 7/01/02-6/30/03 SEWER 7/01/02-6/30/03 S~"WER 7/01/02-6/30/03 SEWER 7/01/02-6/30/03 SEWER 7/01/02-6/30/03 SEWER 7/01/02-6/30/03 BUS 4/30/03 SERVICE AGREEMENT FOR IMPROVE/MAINT FNL RFD TIME/MATERIALS CREST AWARDS SPEC SERV 4/27 JANITORIAL MAY2003 JANITORIAL MAY2003 JANITORIAL MAY2003 JkNITORIAL MAY2003 JANITORIAL MAY2003 JANITORIAL MAY2003 JANITORIAL MAY2003 JANITORIAL ~4AY2003 JANITORIAL MAY2003 JANITORIAL MAY2O03 JANITORIAL MAY2003 JANITORIAL MAY2003 JANITORIAL MAY2003 JANITORIAL MAY2003 JANITORIAL MAY2003 JANITORIAL MAY2003 J~NITORIAL MAY2003 $~L~MPO0 CARPETS 5/5 SUPPLIES 17407 FINGERPRINTS APR03 BANDLEY RENT JUN03 AMOUNT 434.00 0.00 168.41 0.00 325.45 0.00 952.20 0.00 2312.69 0.00 210.50 0.00 2381.72 0.00 413.55 0.00 162.00 0.00 1007.05 0,00 1439.32 0.00 162.00 0.00 9534.89 214.12 0.00 5354.79 0.00 5807.50 0.00 3541.25 0.00 527.09 0.00 178.00 0.00 446.18 0.00 446.19 0.00 739.71 0.00 1385.66 0.00 343.41 0,00 6182.68 0.00 2697.30 0.00 2685.20 0.00 3500.12 O.O0 140.13 0.0Q 2852.65 O.OO 1649.17 0.00 1988.75 0.00 1479.42 0.00 4438.26 0.00 739.71 0.00 1004.89 0.00 300.00 0.00 33194.43 0.00 158.05 0.00 128.00 0.00 16180.00 DATE 05/22/03 TIME 10:15:21 - FINANCIAL ACCO~/NTING 05/22/03 CITY OF CUPERTINO ACCOL~NTING PERIOD: 11/03 C~ECK REGISTER - DISBURSE~t~NT FUND SELECTION CRITERIA: transact.tr&ns_da~e betwee~ "o5/19/2003" and "05/23/2003" ..... DESCRIPTION ...... SALES TAX PAGE 4 AMOUNT 1020 601219 05/23/03 858 1020 601220 05/23/03 1242 DIDD~24S ~t~AZING PARTY ST 5609112 DIGITAL PRINT IMPRESSION 1104530 1020 601221 05/23/03 1958 DISPENSING TECHNOLOGY 2708404 1020 601221 05/23/03 1958 DISPENSING TECHNOLOGY 2708404 1020 601221 05/23/03 1958 DISPENSING TECHNOLOGY 2708404 1020 601221 05/23/03 1958 DISPENSING TECHNOLOGY 2708404 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 1020 1020 1020 1020 1020 1020 TOTAL CHECK 1020 1020 1020 TOTAL CHECK 1020 1020 1020 1020 TOTAL CHECK 601222 05/23/03 228 601223 05/23/03 M 601224 05/23/03 2239 601224 05/23/03 2239 DUBAY'S TIRE SERVICE INC 6308840 Dickinson, Patricia 550 ECS I~GING INC 6109851 ECS IMAGING INC 6104800 601225 05/23/03 242 EMPLO~4ENT DEVEL DEPT 110 601226 05/23/03 243 EMPLOYMENT DEVELOPMENT 110 601227 05/23/03 260 601227 05/23/03 260 601227 05/23/03 260 601227 05/23/03 260 601227 05/23/03 260 601227 05/23/03 260 601227 0S/23/03 260 601227 05/23/03 260 FEDERAL EXPRESS CORP 1104530 FEDERAL EXPRESS CORP 4209119 FEDER3%L EXPRESS CORP 1108601 FEDERAL EXPRESS CORP 1101070 FEDEP~AL EXPRESS CORP 6308840 FEDER~ EXPRESS CORP 1104510 FEDER~ EXPRESS CORP 2709447 FEDERAL EXPRESS CORP 1107501 601228 05/23/03 261 FEHR & PEERS ASSOC INC 1108601 601228 05/23/03 261 FEHR & PEERS ASSOC INC 1108601 601228 05/23/03 261 FEHN & PEERS ASSOC INC 1108601 601229 05/23/03 M 601230 05/23/03 2870 601231 05/23/03 262 601231 05/23/03 262 1020 1020 1020 1020 FELTSt~N, VICKI 580 FEP~4A CORPORATION 4239222 FIRST PLACE INC 1103300 FIRST PLACE INC 1103300 601232 05/23/03 2476 GARDEN EQUIPMENT CLINIC 6308840 601233 05/23/03 281 GARDENLJ%ND 1108315 601233 05/23/03 281 G~ENL~ 6308840 601233 05/23/03 281 G~DEb~ 6308840 SUPPLIES 9480 B.CARDS/N.C~EN 0.00 63.82 0.00 57.21 RET~q~N 8816 0.00 -45.67 P~TS/SUPPLIES 8816 0.00 269.69 REI~J~N 8816 0.00 -91.33 PARTS/SUPPLIES 8816 0.00 96.59 0.00 229.28 B~AF~E REPAIR 8968 Refund: Check - ;~%K3ALMAINTENANCE ~VN~JAL MAINTEN;tNCE AND SIT/932-0014 5 SDI/776-5260-0 COURIER SERVICE COURIER SERV COURIER SERV COURIER SERV COURIER SERV COURIER SERVICE CO~/RIER SERVICE COURIER SERVICE T~FIC SIT3DY FOR VILL TP~FIC STUDY FOR VILL ~7{AFFIC STUDY FOR VILL RFD 210193 & 210194 PURLIC WORKS CONTRACT KEY TO CITY AWARD CREST PLAQUE ENGRAV~ pARTS/SUPPLIES 24498 P~LRTS/SUPPLIES 8954 FY 2002-2003 OPEN PURC FY 2602-2003 OPEN PURC 0.00 482.13 0.00 53.00 0.00 3719.00 0.00 10003.16 0.00 13722.16 0.00 18132.09 0.00 1160.84 0.00 17.03 0.08 16.58 0.00 20.37 0.00 38.51 0.00 8.49 0.00 40.83 6.00 47.50 0.00 18.34 0.00 207.65 0.00 1413.66 0.00 75.00 0.00 3836.31 0.00 5324.97 0.08 300.00 0.00 140625.00 0.00 117.82 0.00 108.25 0.00 226.07 0.00 31.34 0.00 526.40 O.O0 452.79 0.00 263.64 RUN DATE 05/22/03 TIME 10;15:21 - FINANCIAL ACCOL~TING 05/22/03 CITY OF C~JPERTINO PAGE 5 ACCOUNTING PERIOD: 11/03 C~ECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "05/19/2003" and "05/23/2003" 1020 601233 05/23/03 281 G~DENI~ 1108315 1020 601233 05/23/03 281 GARDENL3LND 1108303 1020 601233 05/23/03 281 GARDENLAND 1108312 1020 601233 05/23/03 281 G~kRDEN~ 1108303 TOTAL CHECK 1020 601234 05/23/03 1667 1020 601234 05/23/03 1667 1020 601234 05/23/03 1667 TOTAL CHECK GLOBAL EQUIPMENT COMPANY 8109656 GLOBAL EQUIPMENT COMPANY 6109856 GLOBAL EQUIPMENT COMPANY 6109856 1020 601235 05/23/03 1942 GLOBAL K~OWLEDGE 6104800 1020 601236 05/23/03 1741 GOVCONNECTION, INC. 6109856 1020 601237 05/23/03 298 GR3%INGER INC 6308840 1020 601237 05/23/03 298 GRAINGER INC 2708405 1020 601237 05/23/03 299 GRJkINGER INC 2708405 1020 601237 05/23/03 298 GP~INGER INC 6308840 1020 601237 05/23/03 298 GRAINGER INC 6308840 1020 601239 05/23/03 298 GP~INGER INC 6308840 1020 601237 05/23/03 298 GR3%INGER INC 1108314 1020 601237 05/23/03 298 GR3%INGER INC 1108312 TOTAL CHECK 1020 601236 05/23/03 1766 GRTkNITE ROCK COMPA~n/ 2708404 1020 601239 05/23/03 899 GUZZA-RDO & ASSOCIATES IN 4259313 1020 601240 05/23/03 M2003 E~ONA ZUCK MFT 1106529 1020 601241 05/23/03 2522 LYNN EELLEN 5506549 1020 601242 05/23/03 2947 HE~3%GON T~tANSPORTATION C 1108601 1020 601243 05/23/03 2510 HI-LINE 6308840 1020 601244 05/23/03 1898 AUTOMATIC RAIN CO. 1108303 1020 601244 05/23/03 1898 AUTOMATIC RAIN CO. 1108315 1020 601244 05/23/03 1898 AUTOMATIC RAIN CO. 1108312 1020 601244 05/23/03 1898 AUTOMATIC RAIN CO. 1108303 1020 601244 05/23/03 1898 AUTOMATIC RAIN CO. 1108303 1020 601244 05/23/03 1896 AUTOMATIC RAIN CO. 1108407 1020 601244 05/23/03 1898 AUTOMATIC RAIN CO. 1108407 1020 601244 05/23/03 1898 AUTOMATIC RAIN CO. 1108407 TOTAL C}IECK 1020 601245 05/23/03 2944 EP GEM/CEI 6109856 1020 601246 05/23/03 343 ICMA RETIREMENT TRUST-45 110 ..... DESCRIPTION ...... SALES TAX AMOUNT pARTS/SUPPLIES 8958 0.00 506.98 PAMTS/SUPPLIES 8959 0.00 54 1.25 PAMTS/SITPPLIES 8955 0.00 525.38 PAMTS/SUPPLIES 8956 0.00 523.89 0.00 3340.33 MOUSE TRAY 5 WAY ERGO 0.00 MOUSE TRAY 5 WAY ERGO 0.00 MOUSE TRAY 5 WAY ERGO 0.00 0.00 WIN2K SERVER 5/12/03-5 0.00 VIEWSONIC 17" AMD 19" 0.00 RETL~ TRAFFIC CONES 0.00 FY 2002-2003 OPEN PURC FY 2002-2003 OPEN pURC 0.00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PQRC 0.00 PARTS/SUPPLIES 8940 0.00 pARTS/SUPPLIES 0.00 0,00 308.51 1198.05 438.56 1945.12 2695.00 2470.28 -617.03 123.43 25.01 571.08 78.64 65.27 901.41 1618.96 SUPPLIES 8941 0.00 578.60 PUBLIC WORKS CON--CT 0.00 5275.79 VOLUSrfEER TRAINING 0.00 360.00 SERVICE AGREEMENT FOR 0.00 SERVICE AGREEMENT FOR 0.00 570.00 2500.00 SUPPLIES 24139 0.00 54.70 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN pIIRC 0.00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PURC 0.00 FY 2002-2003 OPEN PL~C 0.00 FY 2002-2003 OPEN pLrRC 0.00 FY 2002-2003 OPEN PURC 0.00 0.00 925.48 264.36 67.67 133.74 3190.02 7.06 141.93 108.80 4839.06 IJkSERJET 4200 N 0.00 2065.41 *IE~dA 0.00 6104.48 RUN DATE 05/22/03 TIME 10:15:21 - FINAMCIAL ACCOUNTING 05/22/03 CI~ OF C73PERTINO PAGE 6 ACCOUNTING PERIOD: 11/03 ~CK REGISTER - DISBURSE~NT FUND SELECTION CRITERIA: transact.trans_date between "o5/19/2003" and "05/23/2003" PUND - 110 - GENEPJkL FUND CASH ACCT CHECK NO 1020 601247 05/23/03 M 1020 601248 05/23/03 1981 1020 601249 05/23/03 353 1020 601250 05/23/03 M 1020 601251 05/23/03 710 1020 601252 OS/23/03 377 1020 601253 05/23/03 385 1020 601254 05/23/03 1396 1020 601254 05/23/03 1396 TOTAL CHECK 1020 601255 05/23/03 M 1020 601256 05/23/03 2942 1020 601257 05/23/03 M 1020 601258 05/23/03 1378 1020 601259 05/23/03 1968 1020 601260 05/23/03 1602 1020 601261 05/23/03 444 1020 601261 05/23/03 444 TOTAL CHECK 1020 601262 05/23/03 2567 1020 601263 05/23/03 M2003 1020 601264 05/23/03 465 1020 601264 05/23/03 465 TOTAL CHECK 1020 601265 05/23/03 2385 1020 601266 05/23/03 466 1020 601266 05/23/03 466 1020 601266 05/23/03 466 TOTAL CHECK 1020 601267 ISSUE DT .............. VENDOR ............. FUND/DEPT ING-TltNG, JEMANE 580 INTERSTATE TRAFFIC CONTR 1108502 IRON MOUNTAIN 1104300 YJ%NADA, TOSHIE 580 K3~REN TO0~S 5606249 PETER KOEHLER 5806249 I2%B SAFETY SLrPPLY 6308840 LIEBERT C~SIDY WHITMORE 1104511 LIEBERT C3%SSIDY WHITMORE 1104511 Lefall, Carol 550 MACKE WATER SYSTEMS, INC 1104510 HAIR, TRUSHA 580 RIC3%RDO~L~RTINEZ 5706450 MAZE ~ ASSOCIATES 1104000 MBIA MUNISERVICES COMPAN 1100000 MINTON'S LURER 1108312 MINTON'S LURER 5708510 MONTA VISTA HIGH SCHOOL 5806449 MOUNTAIN VIEW GARDEN CEN 1108312 MOUNTAIN VIEW G~DEN CEN 1108312 ~A%~HLEEN MOUNTJOY 5606620 MPA DESIGN 1108314 MPA DESIGN 1108314 MPA DESIGN 1108314 05/23/03 2666 MUSIC FOR YOUNG CHILDREN 5806249 ..... DESCRIPTION Refund: Check - SPRING SUPPLIES 8967 FY 2002-2003 OPEN PUNC Refund: Check - SU~ER SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SUPPLIES 8921 LEGAL SERV 4/20 LEGAL SEEV 4/1-4/25 Refund: Check - Ma~ RENT;~L 6/1-7/31/03 Refund: Check ~ SPRING FY 2002-2003 OPEN PDRC PROGBILL AUDIT FY2/3 S.TAX AUDIT 4QTR DEC PARTS/SUPPLIES 8972 PARTS/SUPPLIES 24178 J TRYBUS 385960533 BASF~ETBALL C~P 7/7 FY 2002-2003 OPEN PUNC FY 2002-2003 OPEN PL~RC SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SERVICE AGREEMENT FOR SALES TAX AMOL~gT 0.00 35.00 0.00 84.44 0.00 438.63 0.00 132.00 0.00 3527.00 0.00 175.50 0.00 67.97 0,00 140.00 0.00 2631.00 0.00 2771.00 0.00 72.00 0.00 60.62 0.00 266.89 0.00 245.36 0.00 4102.00 0.00 1575.72 0.00 i95.37 0.00 I8.61 0.00 213.98 0.00 223.00 0.00 1123.00 0.00 77.94 0.00 8.66 0.00 86.60 0.00 140.00 0.00 680.70 0.00 8.25 0.00 14.30 0.00 703.25 0.00 292.00 RUN DATE 05/22/03 TI~ 10:15:21 - FINANCIAL ACCOD/~TING 05/22/03 CITY OF CUPERTINO PAGE 7 ACCOUNTING PERIOD: 11/0~ CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "05/19/2003" and "05/23/2003,, FU~ - 110 - GENERAL FU~ 1020 601268 05/23/03 1191 NAKA 5UJRSERY INC 1108408 1020 601269 05/23/03 475 NATION~L CONSTRUCTION RE 1108314 1020 601270 05/23/03 302 NATIONAL DEFERRED COMPEN 110 1020 601271 05/23/03 480 N-~LSEN ENGINEERING 2159620 1020 601272 05/23/03 485 NE~U%NTRJ~FFIC SIGNS 2708405 1020 601273 05/23/03 2960 NO. CALIFORNIA GOLF A~SO 5606640 1020 601274 05/23/03 2639 NOVA P~RTNERS INC 4239222 1020 601274 05/23/03 2639 NOVA PAR~ibrERS INC 4269212 1020 601274 05/23/03 2639 NOVA pARTNERS INC 4259313 TOTAL CHECK 1020 601275 05/23/03 M Naderi, Fae 550 1020 601276 05/23/03 493 OFFICE DEPOT 1108101 1020 601276 05/23/03 493 OFFICE DEPOT 1108101 1020 601276 05/23/03 493 OFFICE DEPOT 1108101 1020 601276 05/23/03 493 OFFICE DEPOT 1108101 1020 601276 05/23/03 493 OFFICE DEPOT 1102100 1020 601276 05/23/03 493 OFPICE DEPOT 1107301 1020 601276 05/23/03 493 OFFICE DEPOT 1107503 1020 601278 05/23/03 493 OFFICE DEPOT 1104510 1020 601276 05/23/03 493 OFFICE DEPOT 6104800 TOTAL CHECK 1020 601277 05/23/03 494 OFFICE DEPOT CREDIT PI~ 1101500 1020 601278 05/23/03 501 OPEP~TING ENGINEERS %3 110 1020 601279 05/23/03 505 ORLANDI TRAILER 6308840 1020 601280 05/23/03 2710 PAPOLO ORTEGA 5606620 1020 601281 05/23/03 833 P E R S 110 1020 601281 05/23/03 833 P E R S 110 1020 601281 05/23/03 833 P E R S 110 1020 601281 05/23/03 833 P E R S 110 1020 601281 05/23/03 833 P E R S 110 1020 601281 05/23/03 833 P E R S 110 TOTAL CHECK ..... DESCRIPTION ...... SALES TAX AMOUNT REP~CEMENT OF S~EET 0.00 1204.82 RENTAL 5/08-6/04 0.00 91.63 *NAT'L DEF 0.00 32275.39 SERVICE AGREENENT FOR 0.00 2900.00 FY 2002-2003 OPEN PURC 0.00 31.15 COERSE ~AR~CERS 0.00 90.00 PUBLIC WORKS CONTRACT 0.00 39340.26 SERVICE AGREEMENT FOR 0.00 13081.45 SERVICE AGREEMENT FOR 0.00 10119.62 0.00 62541.33 Refund: Check - Deposi 0.00 300.00 REF 203924822-001 0.00 -30.29 OFFICE SUPPLIES 0.00 64.91 OFFICE SUPPLIES 0.00 175.38 OFFICE S~TPPLIES 0.00 4.53 OFFICE SLrPPLIES 0.00 432.99 OFFICE SUPPLIES 0.00 34.11 OFFICE SUPPLIES 0.00 23.32 OFFICE SUPPLIES 0.00 96.57 OFFICE SUPPLIES 0.00 524.23 0.00 1325.75 OFFICE SUPPLIES 0.00 60.60 UNION DUES 0.00 586.71 PARTS/SLrPPLIES 24142 0.00 15.05 SERVICE AGREEMENT FOR 0.00 300.00 *PERS BYBK 0.00 462.65 PERS 1959 0.00 119.04 PERS SPEC 0.00 131.62 *PERS BYBK 0.00 180.14 PERS BL~fBK 0.00 37.52 PERS EMPLY 0.00 25389.29 0.00 26320.26 1020 601282 05/33/03 2692 SBC 1108501 5/7-6/6 0.00 88.42 1020 601282 05/23/03 2692 SBC 1108501 5/7-6/6 0.00 242.37 1020 601282 05/23/03 2692 5BC 1101500 5/7-6/6 0.00 242.37 1020 601282 05/23/03 2692 SBC 1108505 5/7-6/5 0.00 242.36 1020 601282 05/23/03 2692 SBC 1108503 5/7-6/6 0.00 242.36 E~IN DATE 05/22/63 TIME 10:15:21 - FINA~CIJtL ACCOUNTING 05/22/03 CITY OF CUPERTINO PAGE 8 ACCOUNTING PERIOD: 11/09 C~ECK REGISTER - DISBURSEMENT FUND SELECTION C~ITERIA: transact.trans_date between "05/19/2003" and "05/23/2003" FUND - 118 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT .............. V~NDOR ............. FUND/DEPT ..... DESCRIPTION ...... SALES AMOUNT 1020 601282 05/23/03 2692 EBC 5708510 5/7-6/6 0.00 242.36 1020 601282 05/23/03 2692 EBC 1108504 5/7-6/6 0.00 484.72 1020 601282 05/23/03 2692 SBC 1101500 5/7-6/6 0.00 88.42 1020 601282 05/23/03 2692 SBC 1108504 5/7-6/6 0.00 88.42 1020 601282 05/23/03 2692 SBC 1108508 5/7-6/6 0.00 88,43 1020 601282 05/23/03 2692 SBC 5708510 5/7-6/6 0.00 88.43 1020 601282 05/23/03 2692 SBC 5606620 5/7-6/6 0.00 88.43 1020 601282 05/23/03 2692 SBC 1108501 4/13-5/12 0.00 1445.96 1020 601282 05/23/03 2692 SBC 1108501 4/28-6/27 0.00 64.38 1020 601282 05/23/03 2692 SBC 6104800 4/01-4/30 0.00 592.04 1020 601282 05/23/03 2692 SBC 1108501 5/7-6/6 0.00 54.56 1020 601282 05/23/03 2692 SBC 6104800 5/7-6/6 0.00 218.52 1020 601282 06/23/03 2692 SBC 1108505 5/7-6/6 0.00 88.42 TOTAL CHECK 0.00 4690.99 1020 601283 05/23/03 511 PACIFIC BELL/WORLDCOM 1106501 1020 601283 05/23/03 511 PACIFIC BELL/WORLDCOM 1108501 TOTAL CHECK 1020 601284 05/23/03 2884 PACIFIC COAST TRA~ SERV 1108505 #2719771 4/01-5/06 0.00 69.55 #2522405 4/16-5/15 0.00 16.10 0.00 105.65 1020 601285 05/23/03 513 1020 601285 05/23/03 513 1020 601285 05/23/03 513 1020 601285 05/23/03 513 1020 601285 05/23/03 513 1020 601285 05/23/03 513 1020 601285 05/23/03 513 TOTAL URECK TIME/MATERIALS 0.00 300.00 1020 601286 05/23/03 515 1020 601286 05/23/03 515 1020 601266 05/23/03 516 TOTAL CRECK 1108506 3/28-4/30 0.00 1108506 3/28-4/30 0.00 5606620 3/28-4/30 0.00 5606620 3/28-4/30 0.00 1108101 3/1-3/31 RICOCHET 0.00 1108830 3/01-4/22 0.00 5208003 3/29-4/30 0.00 0.00 1020 601287 05/23/03 526 1020 601267 05/23/03 526 1020 601287 05/23/03 526 1020 601287 05/23/03 526 1020 601287 05/23/03 526 1020 601287 05/23/03 526 1020 601287 05/23/03 526 1020 601287 05/23/03 526 TOTAL CHECK PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC GAS & ELECTRIC PACIFIC WEST SECURITY IN 1108504 PACIFIC WEST SECURITY IN 1108504 PACIFIC WEST SECURITY IN 1108504 PENINSLrLA DIGITAL IMAGIN 4239222 PENINSUI~ DIGITAL IMF{GIN 4239222 PENINSULA DIGITAL IMAGIN 4239222 PENINSULA DIGITAL IMAGIN 4239222 PENINSUI~ DIGITAL IMAGIN 4239222 PENINSLrLA DIGITAL IMAGIN 4269212 PENINSLrLA DIGITAL IMAGIN 4269212 PENINSULA DIGITAL IMAGIN 4269212 1020 601288 05/23/03 690 PENINSULA FORD 6308840 1020 601289 05/23/03 533 PERS LONG TERM CARE PROG i10 1020 601290 05/23/03 541 ROBIN PICKEL MONITOR FEE JUb!E03 MONITORING FEE MAY03 SECURITY INSTALLATION 0.00 O.OO 0.00 0.00 16.44 603.65 59.37 177.83 203.66 4462.02 8.55 5531.52 5.00 4.25 1125.00 1134.25 5706450 CIVIC CENTER ~ LIBRA 0.00 760.89 CIVIC/LIBRARY PLJ%NS 0.00 4190.34 CIVIC CENTER PLANS 0.00 948.12 CIVIC/LIBR3%RY PLANS 0.00 4137.97 CIVIC/LIBP~Y PLUS 0,00 589.42 SPORTS CTR SPECS 0.00 100.64 SPORTS CTR SPECS 0.00 65.09 SPRTS CTR REMODEL PLN 0.00 95.80 0.00 10888,27 FY 2002-2003 OPEN PURC 0,00 373,08 PERS LTC/2405 0.00 215.09 SERVICE AGREEMENT FOR 0,08 585.08 RUN DATE 05/22/03 TIME 10:15:21 - FINANCIAL ACCOUNTING 05/22/83 CITY OF CUPERTINO PAGE 9 ACCOUNTING PERIOD: 11/03 C"AECK REGISTER ~ DISBURSEMENT FUND SELECTION CRITERIA: transact.trans_date between "05/19/2003" and "05/23/2003. CASE ACCT CHECK NO 1020 601291 ISSUE DT .............. VENDOR ............. FUND/DEPT 05/23/03 1392 PINE PRESS 1101000 1020 601292 05/23/03 543 PINPOINT 1108601 1020 601293 05/23/03 2802 QUA~ DESIGN 6109869 1020 601294 05/23/03 1406 R~INES CHEVORLET 6308840 1020 601294 05/23/03 1406 RAINES CHEVORLET 6308840 1020 601294 05/23/03 1406 ~AINES UEEVORLET 6308840 1020 601294 05/23/03 1406 RAINES CHEVORLET 6308840 1020 601294 05/23/03 1406 RAINES CHEVORLET 6308840 TOTAL CHECK 1020 601295 05/23/03 590 RICH VOSS TRUCKING INC 5208003 1020 601296 05/23/03 2482 ROBERT ~L~LF TECANOLOGY 6104800 1020 601296 05/23/03 2482 ROBERT ~2~F TEC}~qOLOGY 6104800 1020 601296 05/23/03 2482 ROBERT HALF TECHNOLOGY 6104800 1020 601296 05/23/03 2482 ROBERT HALF TECHNOLOGY 6104800 TOTAL CEECK 1020 601297 05/23/03 844 ROTARY 1103300 1020 601297 05/23/03 844 ROTARY 1101500 1020 601297 05/23/03 844 ROTARY 1101000 1020 601297 05/23/03 844 ROTARY 1101200 1020 601297 05/23/03 844 ROTARY 1104001 TOTAL CHECK 1020 601298 05/23/03 606 1020 601299 05/23/03 M 1020 601300 05/23/03 2627 1020 601301 05/23/03 621 1020 601302 08/23/03 959 1020 601303 05/23/03 979 1020 601304 05/23/03 M2003 1020 601305 05/23/03 1249 1020 601306 05/23/03 258 1020 601307 85/23/03 633 1020 601308 05/23/03 1919 1020 601309 05/23/03 644 JOYCE RUSSDM 5706450 Robinson, LaVerne 550 SAN JOSE GI/LNTS 1104001 THE MERCURY NEWS 1104510 THE MERCURY NEWS 1104000 CITY OF SAN JOSE 5806349 SA-NDHILL PROPER~ MANAGE 110 SANTA CLARA COUNTY 5606640 SA~A C~ CO[~NTY 110 SANTA CLJ~A COUNTY SHERI 5606620 SANTA CLARA VALLEY TRANS 5500000 SCREEN DESIGNS 5806449 ..... DESCRIPTION ...... MEMORIAL DAY BANNERS SUPPLIES 17352 MAY2003 HOSTING FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PURC FY 2002-2003 OPEN PCHC FY 2002-2003 OPEN PCHC FY 2002-2003 OPEN PURC FY 200242003 OPEN PUEC A.RICKS W/E 5/02 K.MELINE W/E 3/28 K.MELINE W/E 4/11 A.RICKS W/E 5/09 SERVICE AGREEMENT FOR Refund: Check - Austra 2003 PARK PACKS REC COORDINATOR AD 0491390 HAppy ~ALLOW 17210 REFD ENCROACH BOND RECYCLE WASTE OIL V ORTEGA 563312780 FY 2002-2003 OPEN PURC TICKETS/PA~SES MAY03 B.RUN T-SHIRTS 17240 SALES TAX AMOUNT 0.00 3373.07 0.00 75.53 0.00 1500.00 0.00 8.00 0.00 28.07 0.00 26.24 0.00 147.53 0.00 3.98 0.00 213.82 0;00 700.00 0.00 864.00 0.00 -320.00 0.00 -320.00 0.00 864.00 0.00 1088.00 0.00 135.00 0.00 135.00 0.00 30.00 0.00 90.00 0.00 15.00 0.00 405.00 0.00 180.00 0,00 475.00 0.00 2000.00 0.00 441.45 O.OO 42.27 0.00 365.00 0,00 500.00 0.00 127.50 0.00 542.77 0.00 677.08 0.00 286.00 0.00 1883.55 RUN DATE 05/22/03 TIME 10:15:22 - FINANCIAL ACCOUNTING 05/22/03 CITY OF CUPERTINO ACCOUNTING PERIOD: 11/03 CRECK REGISTER - DISBURSEMENT FUND SELECTION C~ITERIA: transact.trans_date between "05/19/2003" and "05/23/2003- 1020 601310 05/23/03 2439 1020 601311 05/23/03 2629 1020 601312 05/23/03 1421 1020 601313 05/23/03 677 1020 601314 05/23/03 2879 1020 601315 05/23/03 2492 1020 601316 05/23/03 2045 1020 601316 05/23/03 2045 TOTAL CHECK 1020 601317 05/23/03 1065 1020 601318 05/23/03 698 1020 601319 05/23/03 2946 1020 601320 05/23/03 700 1020 601320 05/23/03 700 TOTAL CEECK 1020 601321 05/23/03 701 1020 601321 05/23/03 701 1020 601321 05/23/03 701 1020 601321 05/23/03 701 TOTAL CHECK 1020 601322 05/23/03 1763 1020 601323 05/23/03 1993 1020 601324 05/23/03 M 1020 601325 05/23/03 2665 1020 601326 05/23/03 1154 1020 601327 05/23/03 738 1020 601328 05/23/03 310 1020 601329 05/23/03 310 1020 601329 05/23/03 310 1020 601329 05/23/03 310 1020 601329 05/23/03 310 SERVICE STATION SYSTEMS, 6308840 SHERRy WITT SNOW 5706450 STANLEY STEEMER 1108504 STATE STREET BANK & TRUS 110 DEE STAUFFER 5706450 STONE, JACKIE 5606620 SVCN 1104300 SVCN 1104300 T A~ D C05~3NICATIONS I 6109856 TALLY'S ENTERPRISES 2708403 EDWIN TANG 5606620 TARGET SPECIALTY PRODUCT 1108314 T~RGET SPECIALTY PRODUCT 1108312 TARGET STORES 5806349 TARGET STORES 1106265 TARGET STORES 1108312 TARGET STORES 5706450 THEATERFUN INC 5806349 TREASCHER OF DJ~DA COU 110 TSAI, SHU HUI 580 ERIN TURI 5506249 UNITED WAY OF SANTA CL~ 110 VALLEY OIL COMPANY 6308840 VERIEON WIRELESS 1108501 VERIZON WIRELESS 1101200 VERIZON WIRELESS 1102403 VERIZON WIRELESS 6104800 VERIZON WIRELESS 1107501 PAGE i0 ..... DESCRIPTION ...... SALES TAX AMOUNT LABOR/FAX BOARD 0.00 390.00 SERVICE AGREEMENT FOR 0.00 270.00 CLEAN F[JP~NITURE 0.00 1505.00 *PERS DEF 0.00 3840.93 SERVICE AGREEMENT FOR 0.00 150.00 SERVICE AGREEMENT FOE 0.00 200.00 FY 2002-2003 OPEN PURC 0.00 40.00 FY 2002-2003 OPEN PURC 0.00 50.00 0.00 90.00 MATERIAL L~OR AND TAX 0.00 1944.56 PLrBLIC WORKS CONTRACT 0.00 11328.75 SERVICE AGREEMENT FOR 0.00 140.00 FY 2002-2003 OPEN PIJRC 0.00 701.90 FY 2002-2003 OPEN PURC 0.00 272.14 0.00 974.04 SUPPLIES 25179 0.00 37.31 SUPPLIES 17255 0.00 142.70 SUPPLIES 8903 0.00 194.28 SUPPLIES 17043 0.00 59.90 0.00 434.19 PUPPET SEOWS 0.00 425.00 A LOPEZ JR 566398126 0.00 253.84 Refund: Check - SU~ER 0.00 145.00 SERVICE AGREEMENT FOR 0.00 981.50 UNITED WAY 0.00 122.10 FY 2002-2003 OPEN PURC 0.00 353.65 #308957246 AP02003 D.00 36.17 #408456999 APRIL2003 0.00 50.68 #408456999 APRIL2003 0.00 177.73 #408456999 APRIL2003 0.00 50.68 #408456999 APRIL2003 0.00 53.27 RLrN DATE 05/22/03 TI~4E 10:15:22 - FINANCIAL ACCO~ITrING 05/22/03 CITY OF CUPERTINO PAGE 11 ACCOUNTING PERIOD: 11/09 C~ECK REGISTER - DISBURSEMENT PUND SELECTION CRITERIA: transact.trans_date between "05/19/2003" and "05/23/2D03" CASH ACCT CHECK NO ISSUE DT .............. VENDOR ............. FUND/DEPT 1020 601329 05/23/03 310 VERIZON WIRELESS 1107503 1020 601329 05/23/03 310 VERIZON WIRELESS 1106005 1020 601329 05/23/03 310 VERIZON WIRELESS 1108102 1020 601329 05/23/03 310 VERIZON WIRELESS 1108201 1020 601329 05/23/03 310 VERIZON WIRELESS 1108501 1020 601329 05/23/03 310 VERIZON WIRELESS 1108503 1020 601329 05/23/03 310 VERIZON WIRELESS 1108504 1020 601329 05/23/03 310 VERIZON WIRELESS 1108505 1020 601329 05/23/03 310 VERIZON WIRELESS 1108602 1020 601329 05/23/03 310 VERIZON WIRELESS 5208003 1020 601329 05/23/03 310 VERIZON WIRELESS 5606620 TOTAL CHECK 1020 601330 1020 601331 1020 601332 1020 601333 1020 601334 1020 601335 1020 601336 1020 601337 TOTAL CJ~H ACCOUNT TOTAL REPORT 08/23/03 742 05/23/03 746 05/23/03 M 05/23/03 765 05/23/03 766 05/23/03 779 05/23/03 774 05/23/03 792 COSETTE VIAUD 5806349 VIKING OFFICE PRODUCTS 1106500 WALLOF, JULIE 580 DR CHI-HSUI D WENG 5706450 WEST BAY STUMP REMOVAL I 1108408 WEST-LITE SUPPLY CO INC 1108504 WESTERN RIGHWAY PRODUCTS 2708405 LILY WI] 5706450 ..... DESCRIPTION ~408456999 APRIL2003 #408456999 ~RIL2003 #408456999 APRIL2003 #408456999 APRIL2003 #408456999 APRIL2003 #408456999 APRIL2003 #408456999 APRIL2003 #408456999 APRIL2003 #408456999 APRIL2003 #408456999 APRIL2003 #408456999 APRIL2003 SERVICE AGREE~4ENT FOR SUPPLIES 16088 Refund: Check - SPRING SERVICE AGREEMENT FOR ST~P GRINDING (2) SUPPLIES FY 2002-2003 OPEN PURC SERVICE AGREEMENT FOR RUN DATE 05/22/03 TIME 10:15:22 - FINANCIAL ACCOUNTING DRAFT RESOLUTION NUMBER 03-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR SALARIES AND WAGES PAID ON May 23, 2003 WHEREAS, the Director of Administrative Services, or their designated representative has certified to the accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law; NOW; THEREFORE, BE IT RESOLVED that the City Council hereby allows the following claims and demands in the amounts and from the funds set forth: GROSS PAYROLL $ 456,119.45 Less Employee Deductions $( 140,719.88) NET PAYROLL $ 315.399.5~7 Payroll check numbers issued 67759 through 68017 Void check number(s) CERTIFIED: Director of Administrative Services PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of June ~ 2003, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council APPROVED: City Clerk Mayor, City of Cupertino CUPEK,.TINO 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 Public Information Office Agenda Item SUMMARY Date: J'nne 2, 2003 Subject: Approval of recommendation from Telecommunications Commission for awarding a public access grant. Background: At its meeting of May 7, the Telecommunications Commission reviewed two applications for a public access grants totaling $491. The commission has a $2,000 grants budget, and funding for the proposal would come from that source. The commission discussed a project with applicants who produce a program called The Better Part. The show spotlights the community and issues from a senior's point of view. The commission unanimously approved the grant request of $372. The commission also discussed a grant request of $119 to produce a program called Modern Masters, a program that would highlight artists, art organizations and the artist process for those Cupertino residents interested in the artistic process. The commission unanimously approved the grant request. Recommendation: The City Council approve the recommendation from the Telecommunications Commission to award a $372 grant to access producer Ronald Moore and a $119 grant to access producer Natasha Levitan. Submitted By: Rick Ki~so'n Public Information Officer David W. Knapp City Manager Printed on Recycled Paper City of Cupertino RECEIVED Telecommunications Commission Ava 1 5 200 CE, GRANT APPLICATION FORM CITY OF CUPERTINO Preamble: Individuais or organizations wishing to produce a public access program and apply for a grant that meets the goals outlined in the Grant Gz~ideline$ and Grant Application Procedure must complete the application below and submit it to the Public In.formation Officer, Cit~ of Cupertino, 10300 Torte Avenue, Cupertino, CA 95014. Grant amounts will normally be limited to a maximum of $250 per project per individual or organization per fiscal year (Julyl through June 30).' This amount will be at the discretion of the Telecommunications Commission. Deadline for Application: the 15m of each month. Name: ~O~L2~ /~70 O,'Z~'~'' ". Address: / Phone: ~/a¢a- ZS- 3 - /]~ 7 (Vd) Phgne: ~/o~- )-J3--//q"7 (H) Orgardzation:~- 7-/~c~ , .~ o2~ h~o7-- ' Amount requested: $ '~ ~.~ Describe yo~ prQect; include a timel~e ~d budget. Explhn ~e intended use of ~e gr~t ~ds. Use ~e Grant Guidelines and Grant Application Procedure in filling out OO~ ~T~ ~E~O~.~_B&b~o~.,~ '. Od/t. )%- Ev~¢ 1'-~-'eC.--5 mr ,,%l o = \ v_ o GP~ A~PLICATION, GRANT G~DEL~S & G~ ~PLICA~ON PROCED~ 7/4/99 clt or C. ,ertl. o RECEIVED Telecommunications Commission ~PR ~ 4 2003 GRANT APPLICATION FORM CITY OF CUPERTINO Preamble: Individuals or organizations wishing to produce a public access program and apply for a grant that meets the goals outlined in the Grant Guidelines and Grant Application Procedure must complete the application below and submit it to the Public Information Officer, City of Cupertino, 10300 Torte Avenue, Cupertino, CA 95014. Grant amounts will normally be limited to a maximum of $250 per project per individual or organization per fiscal year (Julyl through June 30). This amount will be at the discretion nfthe Telecommunications Commission. Deadline for Application: the 15th of each month. Address: /~-~0 .,~4.~f' e.~. ~--~./: f_A4-q~r~Phone: Organization: Phone: Z/~PF c/~ ~_ ¢7vC3 % (W) Amount requested: $ //3 Describe your project; include a timeline and budget. Explain the intended use of the grant funds. Use the Grant Guidelines and Grant Application Procedure in filling out this application. GRANT APPLICATION, GRANT GUIDELINES & GRANT APPLICATION PROCEDURE 7/4/99 Page 1 of 5 Description: Modern Masters highlights artists, arts organizations, and artistic processes for those Cupertino residents who am interested how art is created and what artists themselves say about the creation process. The show goes behind the scenes to find out what is involved in producing an opera, ballet or theatre play. The show educates the public about art forms and artists are inquired on if anyone is interested how to pursue their art. The show is documentary style and is taped with two cameras. Budget for May: One show: Tape stock: 6 mini DV for taping (3 per camera) and 1 for master ......$70 3 VHS tapes for talent copies ......................................... $9 Food for crew .............................................................. $30 Gas ............................................................................. $10 Total ......................................................................... $119 CUPEP TINO SUMMARY Agenda Item No. I0 SUBJECT AND ISSUE City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 FAX: (408) 777-3109 OFFICE OF ADMINISTRATIVE SERVICES Meeting Date: June 2, 2003 Formally appoint Council member Richard Lowemhal as an "Ex-Officio" member and Carol Atwood as a staff alternate to the Silicon Valley Animal Control Authority (SVACA) Board. BACKGROUND The current city representation for the SVACA Board of Directors established that there would always be two West Valley cities without an appointed council member. This arrangement was established to allow a higher number of votes to the larger cities of Sunnyvale and Santa Clara. Without such representation, our city's ability to receive accurate information as well as participate in Board discussions is diminished. The SVACA JPA agreement has now been amended to allow the two cities that are not represented to have "ex-officio" members of the Board of Directors. Our city has been invited to appoint 1) a council member to attend Board meetings as an ex-officio member of the Board and 2) a city representative to serve as an alternate to the ex-officio member to attend Board meetings in his/her absence. Such members may offer comments and participate in discussions on any Board agenda item, but will not have the authority to make or second motions of the Board or to vote on any action. RECOMMENDATION: Staff recommends that the Council formally appoint Council member Richard Lowenthal and Carol Atwood to assume these roles. Submitted by: Carol A.Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager CUPEPx.TINO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX: (408) 777-3333 PUBLIC WORKS DEPARTMENT SUMMARY AGENDA ITEM AGENDA DATE June 2, 2003 SUBJECT AND ISSUE Resolution to approve the agreement for the countywide AB 939 implementation fee. Resolution to approve the agreement for countywide household hazardous waste collection services. BACKGROUND The County has collected from landfills and non-disposal facilities within the county the Countywide AB 939 Implementation Fee, imposed on each ton of waste, since July 1992 on behalf of the cities of Santa Clara County. Fee revenues are distributed to cities quarterly for the purpose of funding city-specific programs required for meeting AB 939 waste stream diversion goals. The Agency Agreement for Countywide AB 939 Implementation Fee provides for continued collection of the Fee for a three-year term beginning July 1, 2003, and provides for subsequent three-year extensions upon written agreement of the County and cities. The Agreement also increases the Fee by 55 cents per ton, for a total fee of $3.35 per ton. Of this fee, $1.85 per ton will fund household hazardous waste services; the remaining $1.50 per ton will be paid to cities to fund AB 939 compliance activities. Cupertino receives approximately $50,000 annually which is spent on various source reduction and recycling activities, such as commercial recycling outreach, schools recycling, garage sale, and compost programs. An increase in the AB 939 fee is needed to continue to fund the household hazardous waste program for all jurisdictions in the County at a level equal to 3% of each city's households. As recycling improves and the economy slows, landfill tonnages decrease; therefore, the amount of the fee must increase in order to collect an equal amount of funding. Cupertino provides additional funds of $27,000 to provide service equivalent to 5% of Cupertino's households. This amount has historically has been adequate to ensure participation by all residents that desire to participate. The City has continuously provided household hazardous waste collection services to its residents through agreements with the countywide program since 1991. This program allows residents to safely dispose of such unwanted household products as paints, solvents, pesticides, cleaning chemicals, automotive fluids and batteries in a legal, convenient, and economical manner. Small businesses can also participate for a small fee. The fees vary according to the type of waste. All fifteen cities must approve an Agency Agreement for Countywide AB939 Implementation Fee by July 1, 2003. If one or more cities do not approve this agreement, the AB939 Fee will not be collected. As in the past, because the landfills are located in San Jose, the City of San Jose staff have noted that, in the event that the AB939 Fee fa/Is to win local approval, the City of San Jose has the authority and reserves the option to impose an equivalent fee on wastes disposed in landfills located in San Jose, and would retain all revenue from that equivalent fee. FISCAL IMPACT There is no fiscal impact to this action. The funding is included in the proposed FY 2003-04 operating budget in the amount of $27,000, funded from the Resource Recovery Fund. STAFF RECOMMENDATION Staffrecommends that the City Council: 1. Adopt Resolution No. 03- I~1 , approving the Agency Agreement for Countywide AB 939 Implementation Fee. 2. Adopt Resolution No. 03 - I0~., approving the Agency Agreement for Countywide Household Hazardous Waste Collection. Submitted by: Approved for Submission: Director of Public Works David W. Knapp City Manager DRAFT ~ R~,$OL~O~ O~ ~E C~¥ COUNC~ O~ ~ Cr~¥ o~ CUPeRtiNO AUTHORIZING EXECUTION OF THE AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE WHEREAS, there has been presented to the City Council the "Agency Agreement for the Countywide AB 939 Implementation Fee", between the County of Santa Clara and the City of Cupertino; and WHEREAS, a countywide AB 939 Implementation Fee was established in 1992 to assist the fifteen cities and the county unincorporated area to fund the costs of preparing, adopting, and implementing an integrated waste management plan in each jurisdiction as specified in the agreement; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined the fee should be increased to $3.35 per ton and imposed on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within the county; and WHEREAS, the Agency Agreement provides for the County to administer the program to collect fees, and distribute the fees to each jurisdictions; and WHEREAS, said Agreement states the terms and conditions under which County will collect and distribute the fee for a three-year term to begin July 1, 2003, and provides for subsequent three-year extensions upon the written agreement of the County and cities; and WHEREAS, the provisions of the Agency Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "Agency Agreement for the Countywide AB 939 Implementation Fee" and authorizes the Mayor and the City Clerk to execute said agreements on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 2nd day of June 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ?-5 RESOLUTION NO. 03-102 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM WHEREAS, there has been presented to the City Council the "Agency Agreement for the Countywide Household Hazardous Waste Collection Program", between the County of Santa Clara and the City of Cupertino; and WHEREAS, the Agency Agreement for Household Hazardous Waste Collection Program will provide for continued city participation in the household hazardous waste collection program for fiscal years 2004 through 2006; and WHEREAS, the provisions of the Agency Agreement have been reviewed and approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "Agency Agreement for Household Hazardous Waste Collection Program" and authorizes the Mayor and the City Clerk to execute said agreements on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 2nd day of June 2003, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino RESOLUTION NO. 03-103 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPERS, RICHARD J. PEREZ AND GRACE PEREZ, HUSBAND AND WIFE AS JOINT TENANTS, 10091 BYRNE AVENUE, APN 357-11-005 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and developer, Richard J. Perez and Grace Perez, Husband and Wife As Joint Tenants, for the installation of certain municipal improvements at 10091 Byme Avenue and said agreement having been approved by the City Attorney, and Developers having paid the fees as outlined in the attached Exhibit A; NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 2~a day of June 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Resolution No. 03 - 103 Page 2 EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPMENT: LOCATION: Richard J. Perez and Grace Perez 10091 Byme Avenue APN 357-11-005 A. Faithful Performance Bond: Off-site: NINE THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS B. Labor and Material Bond: NINE THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS C. Checking and Inspection Fees: $ 9,150.00 $ 9,150.00 $1,840.00 ONE THOUSAND EIGHT HUNDRED FORTY AND 00/100 DOLLARS D. Development Maintenance Deposit ONE THOUSAND AND 00/100 DOLLARS E. Storm Drainage Fee: FIVE HUNDRED THIRTY-THREE AND 6/100 DOLLARS G. H. I. J. K. One Year Power Cost: Street Trees: Map Checking Fee: Park Fee: Water Main Reimbursement: Maps and/or Improvement Plans: $1,000.00 $ 533.06 N/A By Developer N/A N/A N/A As specified in Item #21 of agreement CiTY OF CUPEI[..TINO__ City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3251 FAX (408) 777-3333 Community Development Department Housing Services SUMMARY Agenda Item No. I ~ Agenda Date: June 2, 2003 SUBJECT: Consider the City of Cupertino Community Development Block Grant Program Citizen Participation and Consolidated Plans. (CDBG) RECOMMENDATION: Staff recommends Council begin review of the City of Cupertino Community Development Block Grant (CDBG) Program Citizen Participation and Consolidated Plans. Final approval of these plans will occur at the June 16, 2003 City Council Meeting. DISCUSSION: Background: During the past few months, staff has been preparing for the City of Cupertino to receive CDBG funding directly from the Department of Housing and Urban Development (HUD) rather than through the County of Santa Clara. The process of becoming an Entitlement Jurisdiction is a time-consuming process. Since Cupertino recently became an Entitlement Jurisdiction, the city is required to complete its first Consolidated Plan prior to incurring costs. In the past, the County of Santa Clara was responsible for the preparation of the Consolidated Plan and the Citizen Participation Plan since Cupertino partidpated in the Urban County CDBG Program. In an attempt to streamline the process, the City of Cupertino has been invited by HUD, along with three other California cities, to participate in a federal pilot program to streamline the Consolidated Plan (Con Plan) process. The Con Plan is the federal equivalent of the Housing Element. The plan details Cupertino's housing needs and how these needs are addressed. The City's consultant, D.R. Elrod and Associates, is currently working on the draft Consolidated Plan. Since this document duplicates the HousIng Element and other city documents, the pilot program allows cities to reference the Housing Element and these documents rather than recreate the work. One of the areas the city must address as part of the Consolidated Plan is citizen participation. H:\-~DBG\CC Con plan report.doc Pdnted on Recycled Paper Page 2 Citizen Participation Plan: Federal Regulations require the City of Cupertino to develop and follow a detailed plan which provides for, and encourages, citizen participation and which emphasizes participation by persons of low- or moderate-income, particularly residents of predominantly low- and moderate-income neighborhoods, slum or blighted areas, and areas in which the grantee proposes to use CDBG funds. The plan must provide citizens with reasonable and timely access to local meetings, an opportunity to review proposed activities and to review program performance; provide for timely written answers to written complaints and grievances; and identify how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non- English speaking residents can be reasonably expected to participate. Attached is a draft of the Citizen Participation Plan prepared by D.R. Elrod and Associates. This plan was released for public review and comment on February 19, 2003. The plan was available for review at City Hall and the temporary library. CDBG Steering Committee: Part of the new Citizen Participation Plan is the creation of a CDBG Steering Committee. The Committee will be comprised of all members of the Cupertino Housing Commission, with its Chairperson sitting as Chair of the Steering Committee. In addition, the City Council appointed four additional members, three from areas of the City with high concentration of low and moderate-income residents and one committee member as a citywide representative. The citywide representative cannot be a resident of a defined low and moderate-income area. The CDBG Steering Committee will oversee the preparation of the Consolidated Plan, the distribution of CDBG funds. Since Cupertino did not have enough time to interview and advertise for the Steering Committee, the City Council approved a streamlined process for the first year of the CDBG program. In January, the City will advertise the committee vacancies and interview applicants along with the other committee vacancies. Prepared by Vera Gil, Senior Planner Director of Community Development ~ed by: Ddma~ ~V~-l~napp City Manager Attachments: Draft Citizen Participation Plan Draft Consolidated Plan H:\-CDBG\CC Con plan report.doc [ 0' '2- CITY OF CUPERTINO CONSOLIDATED PLAN CITIZEN PARTICIPATION PLAN INTRODUCTION The Citizen Participation Plan (CPP) contains two components: the overall objectives of the CPP and the objectives and structure for the Community Development Block Program (CDBG). I. OVERALL OBIECTIVES In the preparation of the City of Cupertino Consolidated Plan, the City will adhere to the objectives outlined in the Final Rule for the Consolidated Plan (24 CFR Part 91, et seq., dated January 5, 1995) and subsequent revisions, including the encouragement of citizen participation in the development of the Consolidated Plan, any substantial amendments to the Consolidated Plan, and Performance Reports. These objectives are designed to especially encourage participation by low- and moderate-income persons, including those living in blighted areas. To meet these objectives, the City will adhere to the following procedures: General Objectives on Notices, Hearings, Substantial Amendments, and Availability of Documents To ensure participation of all citizens, including minorities, non- English-speaking citizens and persons with disabilities, the City will provide notices of meetings, hearings, substantial amendments and availability of documents via US Mail to organizations, agencies and groups representing such residents, in English as well as other languages as is appropriate or warranted. Notices will include information regarding facilities and services available to persons with disabilities. To encourage the participation of residents of public housing, the City will provide notices of meetings, hearings, substantial amendments and availability of documents via US Mail to the resident organizations at any public housing developments as well as to the Housing Authority of Santa Clara County, which manages the County's public housing units, in English as well as other languages as is appropriate or warranted. Notices will include information regarding facilities and services available to persons with disabilities. To encourage participation by lower-income residents in any revitalization areas, the City will provide notices of meetings, hearings, substantial amendments and availability of documents Consolidated Plan Citizen Participation Plan Page 2 via US Mail to community centers throughout the City in English as well as other languages as is appropriate or warranted. Notices wilt include information regarding facilities and services available to persons with disabilities. The City will provide residents with an opportunity to comment on the CPP and its amendments by providing notices of meetings, hearings, substantial amendments and availability of the CPP before the City Council, its various subcommittees, and/or citizen advisory groups, either in newspaper notices or via individual mailings to organizations, agencies and groups noted abfove. The public will have the opportunity to comment on the draft CPP and its amendments for a period not less than fifteen (15) days prior to its adoption by the City Council. Notices will include information regarding facilities and services available to persons with disabilities. The City will provide residents with an opportunity to comment on the Consolidated Plan and any substantial amendments to it by providing notices of meetings, hearings, substantial amendments and availability of the Consolidated Plan before the City Council, its various subcommittees, and/or citizen advisory groups, either in newspaper notices or via individual mail'mgs to organizations, agencies and groups noted above. The public will have the opportunity to comment on the draft Consolidated Plan and substantial amendments for a period not less than thirty (30) days prior to its adoption by the City Council. Notices will include information regarding facilities and services available to persons with disabilities. The City will provide residents with an opportunity to comment on performance reports by providing notices of meetings, hearings, and availability of performance reports before the City Council, its various subcommittees, and/or citizen advisory groups, either in newspaper notices or via individual mailings to organizations, agencies and groups noted above. The public will have the opportunity to comment on the draft performance reports for a period not less than fifteen (15) days prior to adoption by the City Council. C. The Draft Consolidated Plan To provide a reasonable opportunity for the public to comment on the Consolidated Plan, a public review period of not less than thirty (30) days will established for each annual update, the Consolidated Plan Citizen Participation Plan Page 3 purpose of which is to receive comments from the public prior to final adoption of the Consolidated Plan by the City Council. In addition to providing notices to organizations, agencies and groups to advise the public of the availability of the draft document for public review, the City will publish a brief summary of the Consolidated Plan, its contents and purpose, in a local newspaper of general circulation during the public review period. The summary will include information regarding each source of federal funding and its intended allocation by type or use. The summary will describe where copies of the complete document are available for public review (usually at libraries, community centers, and the City Clerk's Office), and that complete copies are also available free of charge (one copy per person) at the Planning Department. The City will consider comments and views expressed by residents and other interested parties either in writing or orally at public meetings regarding the Consolidated Plan before the City Council adopts the final Consolidated Plan. The City will provide, as an attachment to the final Consolidated Plan submitted to the US Department of Housing and Urban Development (HUD), a summary of comments and the City's subsequent action or reason why no action was taken. This information will be made available to the public as part of the final document. D. Substantial Amendments Substantial amendments to the document after it has been adopted by the City Council will require additional opportunity for public review and comment. A substantial amendment is defined as an amendment that: changes the use of CDBG funds from one eligible activity to another (federal requirement); changes the allocation priorities or the method of the distribution of funds; or changes an activity to be funded to one not previously described. To provide a reasonable opportunity for the public to comment on a substantial amendment, a public review period of not less than thirty (30) days will be established, the purpose of which is Consolidated Plan Citizen Participation Plan Page 4 to receive comments from the public prior to final adoption of the substantial amendment by the City Council. The City will consider comments and views expressed by residents and other interested parties either in writing or orally at public meetings regarding the substantial amendment prior to City Council action. The City will provide, as an attachment to the final substantial amendment submitted to HUD, a summary of comments and the City's subsequent action or reason why no action was taken. This information will be made available to the public as part of the final document. Performance Reports To provide a reasonable opportunity for the public to comment on performance reports (including the annual CAPER), a public review period of not less than fifteen (15) days will be established, the purpose of which is to receive comments from the public prior to final adoption of the performance reports by the City Council. The City will consider comments and views expressed by residents and other interested parties either in writing or orally at public meetings regarding the performance reports prior to City Council action. The City will provide, as an attachment to final performance reports submitted to HUD, a summary of comments and the City's subsequent action or reason why no action was taken. This information will be made available to the public as part of the final document. Hearings Federal regulations require that the City hold at least two (2) public hearings each year, the purpose of which is to obtain the views of residents and interested parties, at two different stages of the program year, addressing housing and community development needs, the development of proposed activities, and review of program performance. To meet these requirements, the City will hold the following hearings annually to solicit input on the Consolidated Plan: at least one (1) hearing on housing needs before the CDBG Steering Committee, to be held prior to the development of the Consolidated Plan draft; Consolidated Plan Citizen Participation Plan Page 5 at least two (2) hearings before the City Council, to review the proposed draft and adopt the final document. at least one (1) hearing before the City Council to consider and approve any performance report. at least one (1) hearing before the City Council to consider and approve any substantial amendments. Additional hearings to consider proposed uses of CDBG funds are described below, in section III, CDBG Citizen Participation Structure. All hearings, whether before the City Council or Steering Committee, will be held at accessible locations in Cupertino, usually City Hall. All hearings will be held during the evening hours or on Saturday unless otherwise indicated to ensure that working people have an opportunity to attend. All hearings will be held in places accessible to the disabled. The City will provide listening devices and other assistance to disabled persons upon request, to the extent practicable. At meetings were translation services are expected, or if such services are requested, the City will provide interpreters to the extent practicable. G. Access to Records The City will provide, upon written request, access to all records related to the Consolidated Plan and any of its related documents and reports, within ten (10) days from the receipt of the request. Technical Assistance The City will, to the extent practicable, provide technical assistance to groups representing persons of low- and moderate-income that request such assistance in developing proposals for funding under any program covered by the Consolidated Plan. This may include, but is not limited to, providing information regarding how to fill out applications, where applicants may locate other sources of funding, or providing referrals to appropriate agencies within and outside the City of Cupertino. "Technical assistance," as used here, does not imply the granting or loaning of funds to groups requesting such assistance. Consolidated Plan Citizen Participation Plan Page 6 II. I. Complaints Complaints received from members of the public regarding the Consolidated Plan, any amendments, and any performance reports will be referred to the appropriate City department or, if appropriate, the Mayor and City Council, for disposition. The City will provide substantive, written responses to all complaints within fifteen (15) days of receipt. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OBJECTIVES A. Overall CDBG Program Objectives In the preparation of the Community Development Block Grant Plan and Program, the City will adhere to the following objectives: Conform to the intent of the Housing and Community Development Acts of 1974, 1977, and 1987 by providing projects that benefit persons of low or moderate income and/or aid in the prevention or elimination of slums and blight. Provide for meaningful citizen participation in the development and implementation of the CDBG Program and assessment of CDBG performance in accordance with the citizen participation requirements specified in the CDBG rules and regulations. Develop a plan that meets community development needs and provides continuity with the community development activities initiated in previous years of the CDBG program. Implement program activities to achieve and ensure maximum program impact and resource utilization. Achieve maximum economies in the implementation, administration, and evaluation of the program. Provide supporting activities necessary to conform to the intent and guidelines of the Act. B. Citizen Participation Objectives The objectives of the citizen participation process are: To form a citizen participation structure that adheres to the provisions of the Act and represents lower- and moderate-income Consohdated Plan Citizen Participation Plan Page 7 areas of the City and others served by CDBG on a Citywide basis. To provide all residents of the City, especially those who are lower- and moderate-income and live in areas where funds are being or are proposed to be used, with the opportunity to: a. Attend Public Hearings b. Define local needs Review program proposals Review and evaluate the plan Provide specific program recommendations Recommend the use of the funds To provide adequate citizen involvement in all phases of the CDBG program including: a. Development of criteria for evaluation of projects Development and review of the Community Development Plan Review of subsequent amendments to the program Review of program implementation, monitoring and evaluation. III. CDBG CITIZEN PARTICIPATION STRUCTURE The proposed structure provides for citizens to address community development needs and make recommendations at two levels: (1) through the CDBG Steering Committee, and (2) at City Council Public Hearings. A. Composition The Steering Committee is comprised of all members of the Housing Commission, with its Chairperson sitting as the Chair of the Steering Committee. In addition, the City Council will appoint four additional members, three from areas of the City with high concentrations of lower- and l0 -q Consolidated Plan Citizen Participation Plan Page 8 moderate-income residents, defined as [add geographic info here, such as census districts, Council districts, etc.], and one as a Citywide representative [who cannot be a resident of the defined lower-income areas). Appointments will take place if any vacancies occur. In order to ensure that the Steering Committee will have a quorum at all meetings, it is a policy that unexcused absences be limited to two consecutive meetings. The member shall be deemed to have automatically resigned after missing the third consecutive meeting or missing more than 20% of all meetings scheduled within a calendar year. All positions on the Committee are four (4) years. Housing Commissioner terms on the Steering Committee will end according to their end date on the Commission. Staggered ending dates for the other Steering Committee members will assure continuity and avoid all members leaving at the same time. The following are the established positions on the Committee and their current ending dates. Representative Ending Date Functions The Community Development Block Grant Steering Committee is the lead citizen participating group in the planning and programming process of the Community Development Block Grant. The Steering Committee will be involved in the total CDBG and Consolidated Planning process. Its specific responsibilities shall be: To advise the City Administration and the City Council in the development of the Consolidated Plan and its related programs. To conduct public meetings on the development of the Plan and its programs, and to review and evaluate proposals from the Community Based Organizations. To assist the City Council in conducting Public Hearings on the Plan and its programs. Consolidated Plan Citizen Participation Plan Page 9 Public Hearings As noted in an earlier section, at least one (1) hearing on housing needs will be held before the CDBG Steering Committee, to be held prior to the development of the Consolidated Plan draft public hearings. In addition, the Steering Committee will hold at least one (1) hearing after this needs hearing to: obtain views and proposals of citizens at the initial stage of the application development on community development and needs priorities; review program process and performance and obtain citizen comments on the same, and obtain views of citizens on the proposed application prior to submission of the application to HUD or other required agencies. Notices of hearings shall be provided in accordance with Section I(A), above. IV. D. Quorum A quorum for the CDBG Steering Committee is more than half of the total nine (9) positions, whether filled or vacant. As constituted, a quorum will be five (5) members. CITIZEN INVOLVEMENT IN THE CDBG PLANNING PROCESS Submission of Views and Proposals During the planning process, non-profit agency proposals for CDBG funding will be actively solicited. Technical assistance by way of a proposal workshop will be provided to citizens in developing these proposals as is requested or warranted. The Steering Committee and the City Council shall set a date after which no further proposals will be considered. In addition to the hearing noted in III(C) above, the Steering Committee shall hold as many additional meetings as necessary to discuss these proposals. All Steering Committee meetings will be open to the public and the Steering Committee will review any proposals that are submitted. Citizens will also have an opportunity to review and comment on a preliminary CDBG Plan at the Steering Committee meeting. Views may also be presented before the City Council at any of the hearings. Consolidated Plan Citizen P~ticipation Plan Page 10 Technical Assistance The City's Community Development Department shall provide technical assistance to the CDBG Steering Committee. This assistance will include staffing the Committee, clerical support for providing minutes and arranging meetings and technical support preparing the general recommendations of the Steering Committee. Assistance will be provided by the Community Development Department to interested individuals and citizens' groups who need further explanation of the background and intent of the Housing and Community Development (HCD) Act, interpretation of specific HUD regulations and project eligibility criteria. Adequate Information Information on the planning process, including the citizen participation plan, the approved current CDBG application, performance reports, and CDBG program regulations shall be available for citizen review during normal working hours in the Community Development Department. Other pertinent information including minutes of Steering Committee meetings, prior applications, grant agreements, environmental documentation, mailings and promotional material, records of hearings, letters of approval, evaluation reports, proposed CDBG applications, and documents regarding fair housing and other equal opportunity requirements, relocation provisions and contracting procedures, will also be available for citizen review during normal working hours at the Community Development Department. A summary of important elements of the program will be published in a local newspaper of general circulation during the development phase of the Plan. The summary shah include, but not be limited to, the following information: a. The total amount of entitlement funds available to the City b. The types of activities eligible for CDBG funding A discussion of the application process for community based organizations Consolidated Plan Citizen Participation Plan ?age 11 A schedule of meetings and hearings and a summary of the planning process, and e. A summary of other program requirements. Information concerning the CDBG program will be sent periodically to all persons on the CDBG mailing list. This list will include all persons expressing interest in the CDBG program. Currently funded nonprofits and agencies requesting funds in the past year will be automatically added to the list. E. Program Implementation Citizens will be involved in the implementation of the CDBG program. The CDBG Steering Committee will receive semi-annual reports on the progress of projects included in the CDBG program. Meetings will be held by the Steering Committee to discuss any issues that significantly affect the CDBG program, such as substantial modifications to approved projects or significant time delays. F. Assessment of Performance Citizens will be given the opportunity to assess and submit comments of the City's performance in the CDBG program. The CDBG Steering Committee will review performance throughout the program year. G. Notice of Submission of Application At the time of application to HUD, a notice shall be published a local newspaper of general circulation stating the availability of the application, describing the requirements for citizen objections, and in a form that meets HUD requirements for publication. I. Location and Time of CDBG Steering Committee Meetings Generally, the CDBG Steering Committee will meet in City Hall and at sites throughout the neighborhoods of the City. V. AFFORDABLE HOUSING AND HOMELESS OBIECTIVES A. Overall Affordable Housing and Homeless Objectives In the preparation of the housing and homeless portions of the Consolidated Plan, the City will adhere to the following objectives: Consolidated Plan Citizen Participation Plan Page 12 Conform to the intent of the Housing and Community Development Acts of 1974, 1977, and 1987 by providing projects that benefit persons of low or moderate income and/or aid in the prevention or elimination of slums and blight. Conform to the intent of all programs covered by the Consolidated Plan. Conform to the intent of the Cranston-Gonzalez National Affordable Housing Act of 1990. Provide for meaningful citizen participation in the development and implementation of the these above-named programs and assessment of the City's performance in accordance with the citizen participation requirements specified in the Consolidated Plan rules and regulations. Develop a plan that addresses community housing and homeless needs and provides continuity with the housing and homeless activities initiated in previous years of the programs. Implement program activities to achieve and insure maximum program impact and resource utilization. Achieve maximum economies in the implementation, administration, and evaluation of the program. Provide supporting activities necessary to conform to the intent and guidelines of the various programs. DEVELOPMENT OF THE CONSOLIDATED PLAN: OVERVIEW Time Frame -Cupertino's first Consolidated Plan is effective from 2003 to 2005, in order to be consistent with yet-to-be-released special Census tabulations. Once these tabulations are available, Cupertino will revise its Five-Year Plan based on any new demographic data, as warranted. After the year 2005, the Consolidated Plan will be revised every five years. Lead Agency -Cupertino s Department of Planmng, Building and H0bslng coordinates the overall complebon of the Consohdated Plan w~th the support ~f other Departments, such as Parks and Recreahon and Environmental Services. ~so c~ord~nates ~nput from the public and the City Council, and schedules public h~rings~'an~ community meetings. Participant Agencies - In addition to the Departments listed above, the coordinates the Consolidated Planning process wi{~the following Santa Clar~i County agencies: Housing and Community Deve opment i:~;:~ C ty of G roy Depa~ment of Planning and Community Development '~ City of Mountain View Depa~ment of Planning ~y of~¥o Alto D~ws~on of Commumty Sew~ces~ C~ ~San~ Clara o, Commun, Sunn a,e Depadment of Housing and ~m~i~ Devel~nt Coun~ of Santa Clara The agencies listed ab~e meet on anrOngo ng bas s to share information and strategies for addressing ~ous~ng need~,.and to prowde HUD w~th ~nformat~on regard ng the County s reg~Obal approach to ce~a~e~s~ng ~ssues (such as homelessness). Citiz n '~ ~ ~ ' ' e Pa~ic~pation Process~j~h~]~Jiowing table highlights the citizen pa~icipat on process for the C~'~solid~t~d Plan~ City a total of six hearings on the plan and the s were noticed in local newspapem of general anizations and agencies were mailed invitations directly. into languages other than English to ensure the A summa~ of comments from the public hearings in an appendix. City of Cupertino 2002-2005 Consolidated Plan Headng on housing needs 3/13/03 Invitation to organizations and agencies. Notice posted at library, city hall and senior center. Focus groups on housing needs 3/17/03 Invitation to organizations and agencies. Notice posted at 3/18/03 library, city hall and senior center. Published Notice 4/29/03 Notice Releasing Document for Comment Public Notice published in Cupertino ~ouder. Not[ce posted Hearing on Use of Funds (Housing 4/10/03 at library, city hall and senior center~;~¥~ Commission) Headng on Use of Funds (City 5/5/03 Public Notice published in Cupe~ Co~Jh~r., Not~ce posted Council) at library, city hall and senior ~e~er '~ Hearing on Consolidated Plan (City 5/19/03 Public Notice published in C~pe~:~-o Courier Not ce posted Council) ' ' ~ .... at hbrary, c~ty hall and sen~or cente~t. Headng on Consolidated Plan 6/13/03 Pubhc Nobce pubhshed m Cupert no C0U~r. Notice posted (Housing Commission) · . ,,~ :'~;~; ~i,~ at hbrary, city hall and senior center. ,, Headng on Consolidated Plan (City 6/16/03 Pubhc Not ce Pub ~shedm Cupertino Couner Not[ce posted Council) at brary,.(.~i~ ~all and senior center. /~ City of Cupertino 2002-2005 Consolidated Plan HOUSING AND HOMELESS NEEDS ASSESSMENT The City's certified Housing Element provides substantial information on housing needs in Cupertino, and is incorporated here by reference. The Housing Element includes an analysis of the housing stock and households, estimates of Regional Housing Needs, evaluation of past progress in meeting Housing Element goals, and projected goals, policies and programs. In addition, the City is an active partner in the Countywide Continuum of Care Plan (CofC), which is also incorporated by reference into this Consolidated Plan. The Plan seeks to create a comprehensive and COordinated system of affordable housing and support services for the prevention, reduction and eventual end of homelessness. A summary of demographics and needs from these sources can be found below, supplemented by relevant data from the "CHAS Databook." Population: Between 1960 and the year 2000, Cupertino experienced a substantial growth in population, reflecting northern Santa Clara County's transition from an agricultural center to worldwide headquarters for high technology. By the year 2020, Cupertino's population is expected to reach 66,400 perso~Sl 40 30 Race/Ethnicity:. T~20~) Census revealed that cupertin~'h~ become d verse commuhity. .,,~:Between 1990 and2000, ? the As~an-Amencan} popu atlon mcrease~l from 23% to' 4~?/o, almoSt equaling ~e CaOi~asian populat on. ¥ ~- 't~AJie Asim~ BhKk J~is!M~k O~he~ City of Cupertino 2002-2005 Consolidated Plan Page3 Age: Between 1990 and 2000, the percentage of children, teenagers and older adults (65 or over) increased while the 20-65 age group declined, consistent with State and national trends. Households: Although household sizes dropped to about 2.6 persons per household in 1990, they are on the climb again, and are expected to reach just over 2.8 before leveling off in 2020. 6,0% 6.1% 0.1% 17.8% 22.3% 4.5% 58.0% 51.9% -6,1% 9.8% 8.7% -1.1% 5.2% 5.8% 0.6% 3.2% 5i2% 2.0% 2.75 2.81 Income Levels: According to the ~L ..:i~ 1990 Census - the most recent data ~vail~ble - ab0'~t 8% of all households earned less than 50% of the median income ar~ Were considered very Iow-income. Another 4.5% were considerbd 10Wqncome. Th~ vast majority of the households in Cupertino, however, were c0nSidered ~oderate incb~me ~nd above. The following table splits out this data by r~nte~ and owners. R~nter Households 13.5% 7.2% 79.3% :. ;: O~br Households 4.8% 3.0% 92.2% 'TOTAL 8.0% 4.5% 87.5% ~The Housing Element estimates that in 2000 there were 8.5% very Iow-income hoUSeholds and 4.4% Iow-income households. Many of these lower-income households include service workers who contribute to and are employed in the City of Cupertino and surrounding areas. For example, a full-time service worker earning $7 per hour has'an annual income of less than $15,000, making him or her a very Iow- income person. Similarly, a three-person household with a teacher as the primary wage-earner and a spouse who stays at home to care for the child would likely have an income of less than $62,150 per year and would be considered a Iow-income household. Currently, the US Department of Housing and Urban Development (HUD) defines the vadous income levels as follows: City of Cupertino 2002-2005 Consolidated Plan ELI (30% of MFI) $22,150 $25,300 $28,500 $31,65(3 $34,200 $36,700 $38,25O $41,800 VLI(50%ofMFI) $36,950 $42,200 $47,500 $52,75¢,' $56,950 $61,200 $65,400 $69,650 LI(78%ofMFI) $57,450 $65,650 $73,850 $82,100 $88,650 $95,200 $101,8005108,350 MEDIAN(100%ofMFI) $73,900 $84,400 $95,000 $105,500 $113,900 $122,40C $130,800 $139,300 MOD (120% of MFI) $88,680 $101,28C $114,000 $126,600 $136,680 $146,880 $156,960· $167,'i6£ Geographic Distribution of Minority and Low-Income Concenirations?', HUD suggests that any Census tract that has a minority population that iS 20 percentage points greater than that of the group's total population within the community would indicate an area of minority concentration. Based on the 2000 data, there are no Census tracts that are considered to contain a minoritY (~o~cent~ation. African American Native American Asian American Pacific Islander Hispanic 4.0%~ None In addition, the Consolidated Plan regulatiOns requir~ that to the extent that any racial or ethnic group h~s d~sproportionately greater need in comparison to the needs of that Category ~s a whole, assessment of that specific need shall be included. For this purpose, disP~)portionateiy greater need ~xist~ when the percentage of persons in a category of need who._,af~ of a particular racial or ethn~rSup is at least 10 percentage points higher than the percenta~ 0f~ persons in the ca.~egory ~s ~ whole. According to the only c~sus data available to determine potential areas of disproportionate need, the following categories of households have disproportionately higher percbntagCs with ~ny hOusing problems. ~ VLI Asian Renter Households 128 LI Hispanic Renter Households 29 MOD Black Owner Households 7 It should b~ ~oted, however, that this information represents a very small number of households with disproportionate needs. In general, the housing needs of various income groups within various ethnic/racial categories tend to be similar with one another. 1Defined as overcrowding, overpayment for housing cost, substandard conditions, or any combination of these three factors. City of Cupertino 2002-2005 Consolidated Plan Cost Burden: in general, "affordable housing" is that in which a household pays no more than 30% of its income for housing, including utility costs. Households paying more than this are considered cost burdened, while those paying more than 50% are severely cost burdened. According to 1990 data, about 72% of the City's very Iow- income households paid more than 30% of their income on housing. About 66% of all Iow-income households are similarly burdened, while 55% of all moderate-income households have a cost burden. At-Risk of Homelessness: In conjunction with other factors, such as Unemployment or other income problems and chronic health concerns, a family w!th a cost burden may be at risk of homelessness. Based on available data there are~r~ably between 1,000 and 1,500 households that are at risk of homelessnesS7 Overcrowding: According to the 1990 Census, there were 618 households that could be classified as overcrowded, defined as more tha~ one Person per room. Fl~e~er, using this definition, this figure represents only ab0~ 4% of all households. 1:~6king at the information provided by HUD in the CHAS~D~t~book from the early 199~, the following picture emerges: ~'~ ~:~' 42 386 10.9% 6.1% 46 371 12.4% 46 8.6% 41 402 10.2% 51 7.4% 32 314 10.2% 53 8.7% 217 4,115 5.3% 192 409 3.2% 378 5,588 6.8% 223 9,673 2,3% 60~ 3.9% This table shows that, of the15 000 houS~..h9ids in Cupertino in 1990, just 601 were overcrowded. It also show~"that, in general the lower the income, the higher the percentage of hOUseholds that are overc'¢~)wded Renters tend to be more overcrowded than owners. Additional data suggeSt that large families tended to be more overcrowded than s~ii families. Waiting Lists for Housin~ Assistance: Service providers often have waiting lists for ~ individuals and families seeking housing and related services. As an example, the Housing Authority maintains waiting lists for persons seeking housing through their voucher program. As of this wdting, there are 59 applicants on the waiting list in Cupertino. Housing Needs of Homeless Persons: There are homeless persons in Cupertino, although they are often hidden. A 1999 survey of homelessness Countywide did not specifically identify the number of homeless in Cupertino, but staff estimates that there are about 50 homeless people on any given night in the City. Homeless individuals and families need a wide range of services, not just housing. These services may include drug/alcohol addiction counseling, life skills training, job placement, physical and mental health support, and a variety of similar services. City of Cupertino 2002-2005 Consolidated Plan lO - ZO As noted above, the City is an active participant in the Countywide Continuum of Care (CofC) Plan. As part of this effort, the Plan provides extensive Countywide information on homeless demographics and needs. The following summarizes the data on homelessness from that report: 65% of those homeless surveyed in 1999 were male 36% were Hispanic. 35% were Caucasian, and 18% were African American 36% were under the age of 18. while 2% were over 65 single, unattached adults maKe up about 60% of the homeless population of the homeless families with children. 66% are headed by a single ~nothe~r 28% of homeless oersons are or have been substance abusers ~ 10% of those surveyed identified themselves as suffering ~m a severe mental illness 23% of the women indicated they had sufferance domestic violence 34% stated they were homeless despite being employed 81% had incomes less than $1.000 per month 41% had at least some college education Housing Needs of Seniors: In 1990, 12% of all households included a member who was 65 years old or older. Of these senior households, 22%Were owners and 78% were renters. By 2000, the number of sen[~'r households increased to 21% of al households. Countywide, the seni0f'popul~ion is~expected to increase by almost 90% between now and 2020 with the populatio~'of sen. ior~ over the age of 85 years expected to almost double in size. These figures suggest there will be an even greater demand for a range of housing opportuni~ies,~such as inde pendent living facilities assisted housing or congregate care facili~!?~' group homes, and other living arrangements for seniors. Housing Needs of Persons with HIV/AIDS: According to a 2000 study of the gay, lesbian bisexual and transgendere~ people 11% indicated they needed special HIV care?'A 'i 997 survey of homeless health needs found the number of homeless people wi~t~'HIV is increasing. Since learning they had HIV/AIDS, 36% of people with AIDS h~ave been homeless. It is estimated that anywhere between 4,000 and 10,000 people m the County are infected with HIV, of which 6% live on the streets or in shelters, while 14°~live with friends or in a relative's house. Housing Needs of Persons with Disabilities: There are approximately 4,000 people in Cupertino with a work disability, defined as a disability that interferes with a person's ability to work. From a housing perspective, there are several different housing needs of disabled persons, from those with developmental or mental disabilities, to those with physical disabilities. In Santa Clara County, the average range of SSI payments for 2000-2001 was approximately $600-700 per month - an amount that is insufficient for securing affordable housing in the region. Lead Based Paint Hazards: In general, any unit built before 1978 may contain lead- based paint (LBP). The County Health Department generally uses 1950 as a cut-off City of Cupertino 2002-2005 Consolidated Plan date as the primary (though not def~nltlve) indicator of potentlal LBP hazards, since by this time LBP was substantially regulated. Based on this definition, there are an estimated 500 units that have lead hazards. Lower-income families will likely occupy some percentage of these units, but there are no definitive data to estimate that number. Projected Housing Needs: The Association of Bay Area Governments' (ABAG) housing need projections represent Cupertino's share of what the State believes the growth will be over the next five years. Cupertino's current share qf{~(~ H'0,,using need is 2,325 new units over the next several years. The following table breaks these numbers down by income category. 378 188 626 1,133 2 325 City of Cupertino 2002-2005 Consolidated Plan HOUSING MARKET CONDITIONS Housing Units and Type: A substantial portion of Cupertino's housing stock was built after Wodd War II and reflects its suburban, residential character. According to 2000 Census data, there are 18,682 housing units, of which 8 were mobilehomes. From 1990-2000, a 71% 2-4 Units 7% Multifamily (5 or More 22% total of 2,074 new units were added to Cupertino's housing stock. This represents a production rate of approximately 200 units per year. Jobs-Housing Balance: Using Census data from 2000, there are about 2.5 jobs per every household, making Cupertino a "job rich" community. This ratio is important because as more jobs are created, there is greater demand on the existing housing stock in the community, which causes increases in housing costs and longer commutes times. Substandard Units: There is not a significant number of housing units needing repair or replacement in Cupertino; at most, 6% of the units are substandard, or about 1,100 units. However, this figure would be the maximum in need of any kind of rehabilitation, including minor home repairs. ~ Housing Costs: In February 2003, ~the median sales price for a single-family home in Cupertino was $768,000, a decline ~f more~than 2'3%'since 2001. The median price for a townhome was $479,000 in Februa','ry .... -,*A~erage re%ts have also dec ned' by February 2003, they had dropped to ~1,604 per~[~hit, a decline of almost $750 per month, or 32% since 2001. ;!~ '";'. ~' ,7 Despite these'reductions id hous!~ng pri~§'; typical housing costs still far exceed the ability of very-low lind Iow:ir~bi~'~* I~bu~holds to afford housing. The following table illustrates the difficulty V~rious families of lower income have in finding housing that is affordable to them, comparing different kinds of households and the amount they should pay for housing to afford it compared with the actual amount. Shaded areas ind cate those situ'ations in'which the household would be overpaying for housing. Household on Fixe~ldcome (e.g., Social SecudtT) of $700/Month Extremely Low-Income (4 Persons) Very Low-Income (4 Persons) Low-Income (4 Persons) Moderate-Income (4 Persons) Above Moderate-Income (4 Persons) $700 $791 $1,319 $1,604 $2,585 $2,053 $1,604 $2,585 $2,638 $1,604 $2,585 ,144 $3,165 $1,604 $2,585 $4,144 Public Housing and Section 8~Although there is no conventional public housing in Cupertino, the Housing Authority does maintain a supply of Housing Choice Vouchers for residents in the City. In 2003, there are 64 tenants receiving vouchers, while City of Cupertino 2002-2005 Consolidated Plan another five receive assistance through the Moderate Rehab program. The following table provides demographic information on this population. FAMILIES Elderly and Disabled 4 6% Elderly but not disabled 17 25% Not eldedy and not disabled 6 Not eldedy but disabled 42 ETHNICITY Hispanic 17 25% Non-Hispanic 52 ' 75% RACE Caucasian 34 · 49% American Indian/Alaskan Native 9 13% Asian 4 6% Hawaiian/Pacific Islander 22 32% Loss of Affordable Units: The only affordable housing development at risk of converting to market rate is the Sunnyview development, whose federal subsidy contract will expire in May 31,2004. However, the development is considered at Iow risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. The City will ~..°~itor the deve opment and will initiate contact in late 2003 with the owner and HuD ~0 ensure that the units remain affordable ¥, ~-~;~;~.r~ · Fair ' '~ ~ Housing: Until th~s year, the City~of~CuperUn~s Consolidated Planning requirements were t~e respons bil ty o~ i,i~ Count~,' s nce Cupert no acked surf cent population to qua !i entitlement j¥!sd ?on. ^s part of the County's efforts it was required tQcbmplete a Countywide An~l~sis of Impediments to Fair Housing Choice (Al) rodlike unincorporated areas~P'~ well as those jur sd ct ons with fewer than 50 000 res~dents.~upert no s draft ~nso dated Plan incorporates the County s ^ by reference, and incl~l..es~n action ite~in the one-year plan to conduct its own- independent Al. The City placeS~,high priority on promoting and ensuring open and free choice in hous'ng for all persons t's the City's intent to maintain a nondiscriminatory er?~nment in all ~§pects of the public and private housing market within the City, and to f~t~e[ complianc~with the nondiscrimination prov sons of the Fair Housing Act Feder~l';r~gulation~.~require participating communit es to certify that they are ' afflrmatlve~y~nng fair housing and conducting fair housing planning by: --) Conducting an analysis of the impediments to fair housing choice --)* Taking appropriate actions to overcome the effects of any impediments identified through the analysis, and -) Maintaining appropriate records of the analysis and actions. The County's Al found that among the impediments that affect access to housing in the County, including Cupertino, are the following: City of Cupertino 2002-2005 Consolidated Plan Page 10 The lack of affordable housing (rental and sale) restricts people in their ability to purchase or rent housing. The lack of available housing creates an inadequate pool of housing stock. The price of land suitable for new housing, which is related to the scarcity of land. The lack of available local funding, especially for affordable housing, has been exacerbated by the lack of federal and state funding available for housing. 6. The high cost to develop affordable housing, which has been found to cost at least 20 to 30% more than equivalent market rate housing.. 7. Occupancy restrictions in rental housing, especially when the property involved is a small apartment complex that is owned by people with only a modest amount of rental property, has shown to be a significant restraint. 8. Stigmas associated with affordable housing are often generated by fears that affordable housing will lower property values, bring crime to the neighborhood and result in a lowering of the quality of life for existing residents. 9. Federal caps on incomes limit the provision of housing assistance to those households earning 80 percent or less of median income for the area receiving the assistance (e.g. Santa Clara county). 10. Discrimination in housing continues to influence who may find housing and who may not, especially in terms of families with children, who remain the largest single class affected by discrimination in the Urban County. A recent report, commissioned by al! of the jurisdictions in Santa Clara County, provides updated information on housing discriminatibn in the County, as well as an analysis of services provided by fair housing organizations. This report, released in early 2003, is also incorporated here by reference. E~titled Fair Housing in Santa Clara County: An Assessment of Conditions and Program~ 2000-2002, this report provides detailed information on the following:topics, amon~hers: >. Demo ettin in Santa Clara Coun > Fair Lending in Santa Clara County: an Analysis of Home Mortgage Data > ,? F~i~ R~bSing Experie~es and. Perceptions: A Survey of Santa Clara County Residents Fair Housing Services in santa Clara County Santa Clara C~hnty LaHd Use and Zoning Issues ~g the concluSiOns of this report are the following main points: 1. Fair housing Conditions in Santa Clara County are, as a general matter, very good; in some cases the9 ~re outstanding. Although the report does identify important problems that should be addreS§~8, Santa Clara County has a number of achievements: an exceptional level of racial integration in most parts of the County; an unusually strong and generally well-funded network of fair housing providers; a generally responsive and concerned group of officials working on land use, housing supply, and fair housing issues; and many signs of tolerance of diversity and support for fair housing across the general public community. Santa Clara County has two fundamental fair housing problems; one of them is "largely insoluble,~ but the second considered solvable. According to the report, the intractable problem is affordability. The region's economic transformation may have reached a plateau, but the County City of Cupertino 2002-2005 Consolidated Plan wilt almost certainly continue to be an extraordinarily difficult place to create affordable housing for some time. The second problem highlighted by the report's authors is that fair housing programs are largely reactive rather than proactive. Although not unique to Santa Clara County, the study recommends that communities do much more. The report notes that no one who works on fair housing in Santa Clara County knows how widespread specific discriminatory practices are in the County, or where they might be concentrated. In addition, the report finds that there are virtually no fair housing services provided to anyone in the home purchase market, even though it is very likely that discrimination and steering are at least as common in this market as in the rental market. Further in this ConPlan a variety of recommended actions to address fair housing concerns are proposed. City of Cupertino 2002-2005 Consolidated Plan INVENTORY OF FACILITIES AND SERVICES FOR THE HOMELESS, PERSONS THREATENED WITH HOMELESSNESS, AND THOSE WITH SPECIAL NEEDS Both the CofC Plan and, to a lesser extent, the Housing Element, provide important information on the services, facilities and programs available to homeless people, at- risk families and individuals, as well as those with special needs. These include shelters, transitional housing programs, senior day care and support programs, domestic violence programs, and a host of other activities to serve people with needs. Please refer to these important documents for more information. City of Cupertino 2002-2005 Consolidated Plan Page 13 j~)_ ~_,~ Barriers to Affordable Housing -- The Housing Element provides detailed information on constraints - both governmental and nongovernmental - to the production, preservation and rehabilitation of housing, especially that which is affordable, and are incorporated here by reference. The Housing Element examines local ordinances and policies to determine whether, under current conditions, they are accomplishing their intended purpose or, in practice, constitute a barrier to the maintenance, improvement or development of housing for all income levels. Some of the areas reviewed included land use controls, local fees and exactions, processing standards, and similar activities. Nongovernmental constraints include a variety of factors that negatively impact "the maintenance, improvement or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction." The potential list of all constraints on the development could be quite long, and might include information on national economic conditions and regional geology. However, the Housing Element focuses on non-governmental constraints that the City may be able to positively im ~act. The City has defined several actions to either eliminate ~)r otherwise mitigate the effect of these constraints on the housing market. Relevant actions are discussed in the Five- Year Strategy. City of Cupertino 2002-2005 Consolidated Plan FIVE-YEAR STRATEGY Priority Analysis and Strategy Development -- The housing needs data indicate that some households have a difficult time paying for housing, or have a variety of housing problems, such as overcrowding. Other statistics point to the need for services, such as supportive housing, assistance with jobs, or mental health concerns. In previous years, the City of Cupertino funded community development programs through the County - as part of the Urban County's CDBG Program ~ and through the City's own local funds, primarily general fund monies. These funds have been used to address the City's lower-income residents' needs through primarily the provision of services, rather than direct housing assistance. The following table illustrates how the City has, in the past, funded organizations with various funding sources. encies Funded: Fiscal Year 2002-2003 Cupertino Community Services ~ $54,000 Cupertino Senior Day Services $21,200 Long Term Care Ombudsman $4,900 Outreach and Escort $10,800 Second Harvest Food Bank $5 400 Support Network for Battered Women $5~g00 ~ ~'~.~,. $t02,200 Senior Adu ts L~a Services~'~ ~ , $10,793 Rotating Shelter ~, ~; $25,000 ~ C~: ~'~' $35,793 ::f cupe~rtino Community Servic~es $50,000 ,~,;~; Seni~ Adults Legal S~vices,~ ~ :~: $50,874 $874 · ~:' ::? GRAND TOTAL~ Fo[~itS first C6hsolidated Plan, the City has reviewed the existing housing and homeless n~ds statistics ~ determifi'e'~hat, if any, chan~es should be made to its pdodtios for ;f~g~in~. As a jud~[ction fifider the County's ~rban County pro,rams, the City was ~O~flod in its docisidh-makin~ procoss by tho Count~ide Consolidatod ~ an which idon{ifi~d tho Oraat~t need for activities directod at ve~ Iow-incomo, small family and large [~'~ily rento~;and Iow-income, large family renters. For this Consolidated Plan, the City has developed its pdodty system for assistance based on the following three tables. City of Cuper[ino 2002-2005 Consolidated Plan The first shows that of all households with some type of housing problem, lower-income small renter households (from 0% to 80% of median) account for the largest share of all households with housing problems - more than 30% of all households with problems. The second table, sorted on ~: households that are overcrowded shows that while only a small number of lower-income households in the City ~[~ ~ overcrowded, the.,~ighes~ "~'~ percentage sharo~f overcrowded households ocCurs among.l~rg~r renter households ~ Renters 15.2% Renters 12.4% Renters 9.8% Owners 9,6% Owners 7.1% Renters 6.6% ~enters 6.2% 3wners 5.5% Owners 5.3% :}wners 5,1% :~enters 3.4% :~enters :~enters 3.2% :~enters 3.0% Owners ,, 1.8% Owners;;: Senior HH$ 51-80% 1.5% Owners 1.1% Owners 31-50% 0.0% ,,~, TOTAL RenterS'~ E'§rcje HH 51-80% 32 23.0% Renters Larg~ HH 31-50% 31 22,3% Renters Larcje HH 0-30% 23 16.5% Renters Small HHs 31-50% 15 10.8% Renters Senior HHs 0-30% 13 9.4% Rente~ Small HHs 51-80% 9 6.5% Owners Small HHs 51-80% 7 5.0% R~nters Srnall HHs 0-30% 6 4.3% Owners Large HH 51~80% 3 2.2% Owners La~,e HH 0-30% 0 0.0% Owners La~,e HH 31-50% 0 0.0% Owners Senior HHs 0-30% 0 0.0% Owners Senior HHs 31-50% 0 0.0% Owners Senior HHs 51-80% 0 0.0% Renters Senior HHs 31-50% 0 0.0% Renters Senior HHs 51-80% 0 0.0% Owners Small HHs 0-30% 0 0.0% Owners Small HHs 31-50% 0 0.0% TOTAL 139 City of Cupertino 2002-2005 Consolidated Plan Page 16 I~) ~,~ The last table, which shows the number of households paying over 50% of income on housing costs, confirms that lower-income renters tend to have a more difficult time with cost burden than owners. In addition, very Iow-income senior households - both renters and owners - have cost burden. Interestingly, large households do not have the problem of overpayment that small households tend to have. Renters :Small HHs 3mallHHs 0-30% 31-50% Renters Senior HHs 31-50% Owners Senior HHs 0-30% Renters Senior HHs 0-30% Owners Small HHs 51-80% Owners Small HHs 0-30% Owners Senior HHs 31-50% Renters Senior HHs 51-80% Owners Small HHs 31-50% Renters Small HHs 51-80% _a~eHH _a~eHH~ .a~eHH _a~eHH _a~eHH _a~eHH SeniorHHs Renters Renters Owners Owners Owners Renters Owners 0-30% 31-50% 51-80% 0-30% 1.1% 31-50% 0.0% 51-80% 0.0% 51-80% 0.0% TOTAL Based on the analyses shown above ~nd in conjunction Wit~ the needs assessment, HUD Table 2a: Listing of Priority) Nee~d~ bn~the next page sh~ws the rank ngs of the various need categories by pr{(~ritYl ~b~ased'~vailable d~{a. The City intends to be guided by this priority system in all0~ating it~ reS0~i~ce§; however, insufficient funding, competing priorities and staffing cap'CitY ~ay preclude following the priority system at all times. Further, it must be stressed'~{~ althougl~ a particular type of housing or service may not r,~c~i~e th~ highest priority, the City will still consider such applications for funding beca(J~ the ne~d for all typ~{"of assistance to lower-income famd~es and individuals is dmat. Housing and HomeleSS Services Goals and Objectives -- The City has established several go~ls, policie~ ~nd implementation plans towards address ng the hous ng and co~mumty deveLopmen{ re ated needs of ~ts c~t~zens. Based pnmanly on the Hous ng Element these goals and ~ohces include the following: AN ADEQUATE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS Policy 3~ ~ : SuffiCient Residentially Zoned land for New Construction Need. Designate sufficient residentially zoned land at appropriate densities to prowd~ adequate s~tes that wdl meet and exceed ABAG's estJmate of Cupertino's new construction need of 2,325 umts for 2001-2006. The following objectives meet that need. Units Affordable to Very Low Income: Units Affordable to Low Income: Units Affordable to Moderate Income: Units Affordable to Above Moderate Income: 378 units 188 units 626 units 1,133 units 2001-2006 TOTAL 2,325 Units City of Cupertino 2002-2005 Consolidated Plan Additional units are allowed for the remainder of the planning period. Affordable units for the remainder of the planning period will be achieved through the Below Market Rate program. Planning Period TOTAL 2,290 4,615 Units Implementation Proqram 1: Housing Units by Planninq District. Encourage residential development in the following Planning districts, as provided below. Residential development in these planning districts includes mixed-use, multi-uni{ ~sidential, and single-family residential at a density of 15-35 + units per acre. Adequate ~nfrastructure is currently available to all districts. Implementation Program 2: Land Use Designat ons. In order to allow fOr the number of units as identified in Program #1 (Housing Units by Planning Districts), sOme parcels of land in the specified Planning Districts will need a change in land use designation or zoning. The City will change land use designations/zoning to reflect the density ranges necessary to implement Program 1. Implementation Proqram 3: Residential Potential Outside of Planninq Districts. Include the existing inventory of residentially zoned parcels with residential potential that are outside of the planning districts in addressing the Regional Housing Need. Implementation Proqram 4 Second Dwellinq Unit Ordinanc~:~' Assure that the Second Dwelling Unit Ordinance to encourage the production of mO're second units on residential parcels. GOAL B HOUSING THAT IS AFFORDABLE FOR A DI~:~SITY OF CUPERTINO HOUSEHOLDS Policy 3-2: Housing Mitigation Plan. Assign priority to households who live or work ~n Cupertino for BMR umts Produced through the plan or affordable housing Units built With mitigation fees. Implementation Proqra~ 5: Housing Miti.qat on Plan - Office and Industrial Mitiqation. The Cityw cont nue to implement the "Office and Industrial Mitigation" fee program. Thi§ program requires that de~elopers of office and industrial space pay a fee, which will then be used to support affordable housing for fam es who work in Cupertino but 4iiVe elsewhere. These fees are collected and then deposited in the City's Affordable H0~Sing Fund. The City will conduct an updated "nexus' study to determine whether the manner in which fees are calculated is still appropriate. Implementation Proqram 6: Housinq Mitiqat on Plan: Residential Mitigation The City will continue to implement the "Housing Mitigation" program. This program applies to all new residential development of one unit or grater. Mitigation includes either the payment of an in-lieu fee or the provision of a Below Market Rate (BMR) unit or units. Projects of 10 or more units must provide on-site BMR units. Projects of 9 units or less can either build a unit or paying-lieu fee. Implementation of the program shall include: City of Cupertino 2002-2005 Consolidated Plan a) priority for occupancy to households who reside, work, attend school or have family in Cupertino; b) additional priority for households with wage earners who provide a public service; specifically, employees of the City, local school district and public safety agencies; c) utilize City's Affordable Rent Schedule as a guideline in setting rents for new affordable housing; d) update the rent schedule each year as new income guidelines are received and determine a uniform method for allowing rent adjustments for affordable housing; e) allow developers to meet all or a portion of their BMR requirement by making land available for the City or a non-profit housing developer to construct affordable housing; f) require BMR units to remain affordable for a minimum of 99 years g) enforce the City's first right of refusal for BMR units, and require 15% BMR units Implementation Proqram 7: Affordable Housing Fund. The City's Affordable Housing Fund provides financial assistance to affordable housing developments. "Requests for Proposals" (RFPs)will be solicited from interested parties to deVelop affordable units with housing funds. Affordable housing funds will be expended in the following manner (ranked in order of priority): ~.~ a) Finance affordable housing projects in Cupertino. ~ b) Establish a down payment assistance plan that may be used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of Iow interest loans and not grants. c) Establish a rental subsidy program to make market rate units more affordable. Policy 3-3: Range of Housing TYPes. Encourage the d~¥~'i°pment of diverse housing stock that provides a~fa~ge of housing~pes (including smaller, moderate cost housing) ahd afford~i~i~ !~vels. Emphasize the provision of housing for lower and moderate-l'n~b~Ome h~'~eholds and, also, households with wage earners who prov~de~rvice ' ~ ' ' (e~g. school d~strict employees, mumc~pal and Public safety e~ployees, etc.) Implementation Program 8 Mort.qage Cred t~'Cert ficate Program. Participate in the countywide Mortgage Credi[ Ce~ificate (~CC) Program Th s program a ocates mortgage credit cerbficates to first,hme homebuyers to purchase hous ng. Due to the high cost of housin~ ~6itS in Cupertino, it is estimated that most of the County's MCCs will be U~s~'d in the CitY"Of San Jose, where there are more Iow cost housing units available for S~ie '~ ementation P ram gi' Move-In for Less Proglram. The Td-County Apartment Association is managing th~s program, which recognizes the high cost of securing rental housi~l~g:,~he progr~am is geared to classroom teachers in public or private schools who meet in~bme crite~a. Apartment owners/managers who agree to participate in the program require no more than 20% of the monthly rent as a security deposit from qualified teachers. Implementation Program 10: Surplus Property for Housing. In conjunction with local public agencies, school districts and churches, the City will develop a list of surplus property or underutilized property that have the potential for residential development, compatible with surrounding densities. Additionally, long-term land leases of property from churches, school districts corporations for construction of affordable units shall be encouraged. Further, the feasibility of developing special housing for teachers or other City of Cupertino 2002-2005 Consolidated Plan lO -55 employee groups on the surplus properties will be evaluated. Teacher-assisted housing programs in neighboring districts, such as Santa Clara United School district, will be reviewed for applicability in Cupertino. Implementation Proqram 11: Jobs/Housin,q Ba ance Program, Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the City will evaluate the impact of any application that will produce additional jobs in the community. The pu[~e of the evaluation is to describe the impacts of the new jobs on the C ty's h~S ~b stock espec'ally in relat on to the jobs/hous ng ratio in the City. In 2001~ ABAG'.~ ~stim~te of the City's job/housing ratio was 2.4 jobs to every household. The %al is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. .' ~: ~ ..... · ~ Policy 3-4: Housing Rehab~litabon. Pursue and/or provide funding for~ the construction or rehabilitation of housing that is affordable to v&~ Iow, Iow and moderate-income households. A~tively support and assist non-profit and for profit developers in producing affordabl~ units. Implementation Proqram 12: Affordable Housin,q Info~i'ation and Support. The City will provide information, resources and support to developers Who'ban produce affordable housing. Information will be u~a~d ~ ~g~lar basis interlard to available funding sources and be distributed toail in{~[ested ~l~?e~g@ers n addition information regarding additional City incentives ~uch as {~'~sit~ Bonus Proaram (see Dmamm #14) will also be provided and updat~l,o~"~ regula~,~'a'sis Further '~he C'ty will i~)~v"~ the public from the beg nning of an aff~able housing application so that there are fewer objections to the project as it goes,though the City approval process. Policy 3-5: ,~ ......... . i~ Maintain and/or adopt appr°Priate land U~ r~g~latiOhs and other development tools to encourage"~h~development ~f affordable housing Make every reasonable · effort to disperse units throughout the community but not at the expense of ~nde~mining the fundamental goal of providing affordable units. Imp ementation PrOqram 13: Density Bonus Program The City's Density Bonus PrOgr,am provides fo,,,r a density bonus and additional concessions for deve opment of 6 or m~,e,,:.units that ~ov de affordab e housing for fam es and seniors. Included in the concessions are reduced parking standards, reduced open space requirements, educed set,~a~k requirements and approval of m xed use zoning. The City will change the Ordinan~'~leflnition of affordable unit to housing costs affordable at 30% of household income for very Iow and Iow-income households. Implementation Program 14: Regulatory Incentives. The City will continue to waive park dedication and construction tax fees for all affordable units. Parking standards will also be discounted for affordable developments. For mixed-use and higher density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulation Ordinance of the Cupertino Municipal Code, if City of Cupertino 2002-2005 Consolidated Plan 10 the applicant can provide a study supporting the deviation. Further, the City will continue to efficiently process all development applications. Implementation Program 15: Residential and Mixed Use Opportunities In or Near Employment Centers. The City will encourage mixed-use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing residential development above existing parking areas. In specific, these areas would be near or adjacent to employment centers and could provide additional opportunities for housing. Policy 3-6: Tax Increment Funds. Use a minimum of 25% of tax increment funds generated from the Redevelopment Project Area for housing activities that create affordable housing for lower and moderate-income households. Set aside 5% of the 25% for extremely Iow-income housing. Implementation Proqram 16: Redevelopment Housing Set Aside Fund. The City has established a Redevelopment Project Area, from which tax increments funds are collected. A minimum of 25% of tax increment funds will be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element:~i,~.~ ~.~ Policy 3-7: Housing Densities. provide a full range of ownership and rental housing unit densities, including apartments and other high-density housing Implementation Program 17! Conversion Of Commercial Lands to Residential. Commercially designated land may be cOhSidered for conversion to residential uses where it does n°t` eliminate ~xisting or ¢°tential neighborhood serving commerc a uses or contradict Heart of the City policies. Implementati°n Program 18: Residential Development Exceeding Maximums. Allow residential developments to exceed planned density maximums if they meet a special community social goal and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Implementation program 19: Flexible Residential Standards. Allow flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, floor area ratios and setbacks, particularly for higher density and attached housing developments. GOAL C ENHANCED RESIDENTIAL NEIGHBORHOODS Policy 3-8: Maintenance and Repair. Assist very Iow and low-income homeowners and rental property owners in maintaining and repairing their housing units. City of Cupertino 2002-2005 Consolidated Plan Page 21 Implementation Proqram 20: Housing Rehabilitation. This program provides financial assistance to eligible very Iow and Iow-income homeowners to rehabilitate their housing units. The County of Santa Clara, Housing and Community Development (HCD), administers the program on behalf of the City of Cupertino. When the City becomes an Entitlement Community in 2002-2003, housing rehabilitation activities will continue to be funded. Implementation Proc~ram 21 Home Access Proqram The Home Access Program provides assistance with minor home repairs and accessibility improvements for lower- income, disable households. Economic and Social Opportunities (ESO) administers the program under a contract with the County of Santa Clara Implementation Proqram 22: Weatherization Program This program assists very ow- income homeowners with weatherization improvements to their homes. Economic and Social Opportunities (ESO) administers the program in Cupertino and other areas of the County. Implementation Proqram 23: Apartment Acquisition and Rehabilitation. The County of Santa Clara administers Home and CDBG funds on behalf of the memDers of the Urban County and HOME Consortium. The City of Cupertino participates in both the Urban County and Consortium activities. Funds are available on a competitive basis to developers to acquire and rehabilitate rental units for very low and Iow-income households. When the City becomes an entitlement community in 2002-2003, the City will continue to include the availability of HO~E and CDB~ fune for apartment acquisition and/or rehabilitation ~,'~ ~,~ ~' '~,~ "~, ,; Policy 3-g: Conservation ,of Housing Stock. Conserve the existing stock of owner and rental,housing units, which provide affordable housing opportunities for Iowe~ ~nd moderate.incom~ h~seholds Implementation Program 24: Preservat bn of "At Risk Units". The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31, 2004. However, the development is considered at Iow risk for converting because it is owned by a non- profit organization;, which has indicated that it will renew the assistance again in 2004. However, the City will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. Implementation P('0qram 25: Condominium Conversions. The City's existing Condominium Conversion Ordinance regulates the conversion of rental units in multi- famdy housing'development in order to preserve the rental housing stock. Condominium conversions are not allowed if the rental vacancy rate in Cupertino is less than 5% at the time of the application for conversion and has averaged 5% over the past six months. Implementation Proqram 26: Rental Housing Preservation Proqram. The City's existing multi-family rental units provide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: City of Cupertino 2002-2005 Consolidated Plan When a proposed development or redevelopment of a site would cause a loss of multi- family rental housing, the City will grant approval only if at least two of the following three circumstances exist: The project will produce at least a 100% increase in the number of units currently on the site and will comply with the City's BMR Program, and/or The number of rental units to be provided on the site is at least equal to the number of existing renal units, and/or No less than 20% of the units will comply with the City's BMR Program. Further, the preservation program will include a requirement for a tenant relocation plan with provisions for relocation of tenants on site as much as possible. Implementation Proqram 27: Conservation and Maintenance Of Affo¢dable Housing Develop a program to encourage the maintenance and rehabilitation of residential structures to preserve the older, more affordable housing stOck: Implementation Proqram 28: Neighborhood and communi~ Cleanup Campai'qh.b, Continue to encourage and sponsor neighborhood and community clean up~ampaigns for both public and private properties. Policy 3-10: Energy Conservation. Encourage energy conservation in all existing and new residential development. Implementation Program 29: Enerq¥ Conservation Opportunities. The City will continue to enforce Title 24 requirements for energY conservat on and will evaluate utilizing some of the other suggestions as identified in the EhVironmental Resources/Sustainability element. Implementation Proqram 30: Fee Waivers or Reduction for Enerqy Conservation. The City will evaluate the potential to wa ve q~¢r~uce fees for energy conservation improvements !6;i:esidential ~nits (existir~ 6~ new). ·, ~.~ ~' GOAL D SERVICES FOR SPECIA~ NEEDS HOUSEHOLDS Po!i~Y 3~fl: Special Needs Households. Support organizations that provide -:. services to speCial ne~d households in the City: such as homeless, elderly, diSabled an~ single parent. Implementation Pr0~ram 31: Cupertino Community Services (Homeless Services). Cup~ino Community Services (CCS) manages transitional housing and administers the "c0nti~uum of"~;are'' services for homeless, including the rotating shelter program. In order t0'~aci!i~te any future emergency shelter needs, the City will revise the Zoning Ordinance t° allow permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Implementation Proqram 32: Project MATCH (Senior Shared Housing). Project MATCH places seniors in housing arrangement with other persons interested in shared housing. Project MATCH is funded with County of Santa Clara Urban County funds. City of Cupertino 2002-2005 Consolidated Plan Implementation Proqram $3: Catholic Social Services (Sin~lle Parents). Catholic Social Services provides help to place single parents in shared housing situations. The program in funded with Santa Clara County Urban County funds. GOAL E EQUAL ACCESS TO HOUSING OPPORTUNITIES Policy 3-12: Housing Discrimination. Support programs and organizations that seek to eliminate housing discrimination. Implementation Program 34 Santa Clara County Fair Housinq consortiu~'~ The Santa Clara County Fair Housing Consortium includes the Asian Law Alliance, Mid-Peninsula Citizens for Fair Housing, Project Sentinel and the Mental Health Advocates Program. These organizations provide resources for Cupertino residents with tenant/landlord rental mediation, housing discrimination and fair housing concerns. Administrative funding for these organizations is partially contributed by County of Santa Clara Urban County Funds. ~_J In addition, the City will actively pursue efforts to affirmatively further fair housing, including: 1. Conducting an analysis to identify impediments to fair housing choice within the jurisdiction. 2. Taking appropriate actions to overcome the effects of any impediments identified through the analysis. 3. Maintaining records reflecting the analysis and actions take in this regard. Homelessness and the Regional Continuum of Care --Although the precise number of homeless indivi~l'uals and fam es in C~pe~ no s not known anecdotal informat on uggests that th~s figure ~s qu~te small - at most, 50 people on any given n ght The City has proVided funding i~r the'past~r homeless services and a rotat ng she ter, and will continue to do sb (see implementation plans, above, as well as one-year action planning f~011owing) n add t on severa a.clences that the C t has fu ' · ~,.,. ........ . ,,~. . _ y nded provide ass~s~n~ to a,t-[~sk populabo~s by providing hotel/motel assistance, rental/mortgage assistance, utili~s assist~hi;e', transportation, and food and clothing· There are also a number of transitional beds available within Cupertino. BecaUs? homeles~ess is difficult to quantify, as homeless individuals and families move '~'r~ plac%t¢~place, a regional Continuum of Care Plan was established to coordinate"~j¢(~s, maximize funding, and marshal the collective will of many judsdiction~ ~6~ards addressing the needs. Cupertino has participated in the- Continuum ~f Care and will remain an active partner in this endeavor. Other Regional Strategies to Address Homelessness -- The Santa Clara County Collaborative on Housing and Homeless Issues was created in the mid-1990s to draw more funding for homeless shelters, services, and to create more affordable housing. The Collaborative includes over 120 shelter providers, service providers, advocates, City of Cupertino 2002-2005 Consolidated Plan and nonprofit housing developers, united to find ways to increasing housing and service opportunities for homeless people. The Collaborative continues to promote the Continuum of Care as the format to end homelessness in Santa Clara County. In promoting the Continuum, the Collaborative has addressed outreach, emergency shelter, transitional housing, training and employment, supportive housing, and permanent affordable housing. Others with Special Needs .. Because the needs of persons with special needs often extends beyond the provision of housing alone, the City will continue to seek ways to assist this varied population. Seniors continue to be a priority for the City, as well as persons with disabilities. The City additionally supports efforts to: · :. Develop additional rental housing for very Iow-income households. · ;' Expand shared housing matching programs to focus on assisting persons with special needs. · :. Expand federal and State programs to meet the housing needs of persons with special needs. · :. Make the Section 8 program more S~Cessful for p~rsons with special needs. o;. Increase the awareness of th~ housing and S~rvice needs of persons with special needs, ~,, · :' Promotecooperat~on:and shanng ofhous ng nformation among the varous groups: a~d organizations working ~iih persons with special needs. ~oj~Cts that provide linked services and services on-site. Encourage N~h°using C~munity Development Needs -. Nonhousing community d~elopment ne~ds include PUblic service, infrastructure, economic development and ~iO~er deve opment needs in the community that have an important impact on the living c~ditions of residents. For example, although job training may not directly relate to hou~ihg, job trainin~ could allow an individual currently living below the poverty level the opportunity to find employment that will help him or her afford a market rate apartment in today'§ e~Ded~i'Ve housing market As HUD guidance states, the purpose of addressing ~mmunity's non-housing needs n addition to its housing needs, s to elp create more vab e, better functioning, and more attractive communities by integrating economic, physical, environmental, community, and human development programs in a comprehensive and coordinated fashion so that families and communities can work together and thrive. Table 2B describes the priority level for a vadety of nonhousing needs and, where possible, assigns an estimated dollar amount to meet the need. This table takes in to City of Cupertino 2002-2005 Consolidated Plan Page 25 account several funding sources, such as General Fund moneys, that are anticipated to be used to address these needs. Among the highest priorities for the City are services to address senior needs, support to survivors of domestic violence, and a host of infrastructure needs. Although a particular need may have received a "low" ranking, it does not mean the need is unimportant to the City. Rather, in some cases a "low" designation signifies a particular need is addressed through the efforts of the County, such as lead hazard screening. Additionally, even those priority needs ranked "low" may receive funding from time to time, such as services for youth. Although in absolute numbers, yOuth se~ices needs may rank Iow, addressing the needs of youth is important to the Ci{Y. With respect to economic development needs, the City does Provide services to businesses but in the form of technical assistance rather than funding. Barriers to Affordable Housing and Strategies ~o Address Negative EffeCts -- As previously described, the Housing Element provides details on the constrai~r~s to the development of housing, and affordable housing in partiCblar. At the local level, the City has established incentives and waivers to help offset the cost of providing affordable housing (see implementation plans, above)i and provides funding assistance for the deVelopment and preservation of affordable houSing. In addition, the City will continue its efforts to ensure that its zoning designations allow for the broadest range of housing types at various incomes. Lead-Based Paint Hazards - As noted ~n~ t.,.he needs analys s, the number of units with potential lead-based paint hazards is Prob~i~ly less t~'an 500. Lower-income households will occupy some percentage of these~unitS, but how many is not known. In addition to working With the County Health Department to ident fy and assist any children with elevated blood lead levels, {}~e ~ity will, as part of its efforts to address the rehabilitation n~eds of its h~using stock, ~)vide assistance to persons seeking to mitigate lead hazards in the Antipoverty StrategY -- Poverty rates in Cupertino are significantly lower than in other areas of the COuntry, and in California. Based on 2000 Census data, only about 4.8% .of the population is living beloW the federal poverty level. Although this figure is an ~ncrease over the prior decade, it is still substantially lower than the poverty rates for the State and nation asa whole. Cu San Jos~, California and the Nation 1990 3.2% 9.2% 12.5% 2000 4.8% 8.7% 14.2% % Change I 50.4% -5.0% 13.5% -2.8% Although the City does not have direct control over the existence of poverty, it can have an important role in assisting residents in securing employment and gaining skills that City of Cupertino 2002-2005 Consolidated Plan Page 26 lO -L~L~ will help them to rise out of poverty. The City is an active partner with a variety of jobs skills training programs, such as NOVA. NOVA (North Valley Job Training Consortium) was formed in 1983 by a joint powers agreement among the six northern Santa Clara County cities of Cupertino, Los Altos, Mountain View, Palo Alto, Santa Clara, and Sunnyvale in response to Federal legislation, specifically the Job Training Partnership Act (JTPA). Currently, NOVA operates as an employment and training agency, administered by the City of Sunnyvale, but operated on behalf of a seven-city consortium composed of Sunnyvale, Santa Clara, Cupertino, Palo AltO, Mountain View, Los Altos, and Milpitas. NOVA provides customer-focused services for individuals seeking retraining and reemployment, as well as for local businesses seeking profesSional Solutions for human resource issues. NOVA offers services for job seekers, businesses, and youth that include: · Transition Planning and Assistance · Labor Market Research · Staffing Assistance · Job Training Programs : · Job Search Counseling and Workshops · A Career Resource Center · A Business Service Center · Resume/Job-Matching Database Though the majority of job seekers S~erved throug~,NOVA'~re "dislocated workers," affected by the downsizing or closur~ of their ~om~ni~s, NOVA alSo partners with many other organizations to provide obsto~ized em~)ioyment and tra n ng solut ons to populations with special needs, such as' homelesS'Veterans, people with disabilities, welfare recipients :te~n parents and older workers. NOVA is funded primarily bi'grants fromthe state and federal government, and by local industry. Multiple funding sourbe§ include the Workforce Investment Act (WlA), Defense Conversion Act, EmploYment Training Panel, Stewart B. McKinney Homeless AssistanceAct Wagner-Peyser Act and funds from pr rate corporations. By far the larg~'st PerCentage of NOVA's $12 million annual budget has come from competitive gCant proposals funded thrOUgh the U.S. Department of Labor and the State Employment Deve Opment Department. In a~'~lition, the NOVA Private Industry Council was established to guide the agency in its mis~i'bn, to provide Iow cost and efficient job training and employment programs. The council wa~ a priVate/public partnership involving local government bus ness and industry lal~'0r, education and tra n ng systems, employment services, and community support organizations. The City of Sunnyvale agreed to administer NOVA. Since its formation in 1983, NOVA has averaged a 23% growth rate in both the number of individuals served and the resoumes available to serve them. In program year 1983- 84, NOVA served 2,009 individuals. By program year 1996-97, NOVA was serving over 9,500 individuals and had an operating budget of over $10 million. NOVA's continued growth is made possible by the organization's willingness and capacity to engage in City of Cupertino 2002-2005 Consolidated Plan multi-agency partnerships, adapt services and technologies to meet customer needs, and successfully link employers with the candidates they need. Another job-training and skills program operates out of DeAnza and Foothill Colleges. The mission of the Occupational Training Institute (OTI) is to support economic growth in Silicon Valley by preparing individuals for career opportunities while concurrently providing employers with qualified employees. This program provides high quality employment focused skills training within the Foothill-De Anza Community College District. Since 1975, OTI has prepared clients in a very short time frame to re-enter the workforce. OTI provides services to thousands of clients seeking employable job skills and job placement services. Many clients focus on certificate programs at either the Foothill or the De Anza campuses. However, OTI Training Advisors are skilled at designing customized programs tailored to meet clients' specific needs. OTI provides a ~election of training programs that have been tailored to meet the local job market. To link job seekers with employers OTI provides accessible staff, placement expertise, and a thorough knowledge of our clients' skills. As part of the Foothill-De Anza Community College District, OTI works closely with all workforce education programs and is committed to responding to employer needs. OTI provides employment training at no cost for eligible individuals. If eligible, OTI will pay for college fees, books, and required class materials. All clients completir~g a training program through OTI receive job preparation classes designed to ,.address j~b s~arc ,h, and careers in the 1990's. Support services include referrals td ~;hildcare providers, transportation, financial aid, and tutodal services. Other services ~-nd referrals aCb'Javailable on an as needed basis. A total of five familie~ ire participating in ~he ~elfare to Work Housing Program n Cupertino. During their three years n th~ p¢o~ram have been case managed by the County HousingAuthor ty to ensure the, r. success in trans tion ng from We fare nto self- According to the MetrOpolitan Transportation Commission tra,n, sportat on s a real barrier f°r individuals making the move from welfare to work. Its not enough for CalWORKS participants to find jobs -- they must figure out how to get to those jobs. ~:: :That means they have to cOnsider all their transportation options -- driving, buses, tr~ihs bicycles and'So on -- even as they look for jobs. Social service staff members who assist them mUSt also be aware of participants' transportation needs and options, as well &s~ow to 06tain informat on about these options. These resource guides, published by MTC, are intended for use by staff members at social servic~ and community-based organizations who provide direct assistance to CalWORKS participants. These guides are not intended to replace schedules and route maps available from individual transit agencies. Their purpose is to give CalWORKS participants and their advisors a general idea of what kinds of options are available and how to get more information about them. They include an overview of all the transportation options available to CalWORKS City of Cupertino 2002-2005 Consolidated Plan participants in four core counties, as well as instructions for how to get more detailed information by phone, in person, via the Internet and by mail. Also included is information about support for different options: subsidies for transit riders, Park & Ride lots for ridesharers and guaranteed ride home programs. Institutional Structure and Coordination - Key participants in the institutional structure include the federal, State and local government; nonprofit and for-profit organizations; social service agencies; and several major financial institutions that provide valuable capital. The Continuum of Care Plan, the Housing Element, Fair Housing Reports, and other documents related to community deve!op, ment describe in detail how services are delivered and the interrelationship among various public ane private entities. In addition, the City of Cupertino is an active participant in the Countywide CDBG Coordination Committee, comprised of CDBG representatives from each entitlement jurisdiction in Santa Clara County. This group jointly funds surveys and studies (such as the homeless surveys and the recent fair housing study), works together to brainstorm new approaches to housing and community development concerns, and collectively implements a variety of regional planning measures intended to address issues of mutual concern. City of Cupertino 2002-2005 Consolidated Plan Page 29 ONE-YEAR ACTION PLAN Summary of Funding --The City of Cupertino will receive a CDBG entitlement of approximately $474,000 for fiscal year 2003-04. This is Cupertino's first year as an entitlement jurisdiction receiving the CDBG grant directly from HUD. Of the $474,000, 20% or $94,800 can be used for administration, including fair housing services. Fifteen percent, or $71,100, may be used for public service activities. : HUD regulations require that projects selected for funding benefit Very Iow and Iow- income households, eliminate a blighted area, or address an urgent (emergency) community need. In addition, only certain types of activities qualify under the CDBG regulations. Some examples of eligible activities are: removal of barriers to the handicapped, public improvements, public services, affordable housing projects, ' rehabilitation and property acquisition. ~ ~;"~.- ' Federal regulations do not allow more than 15% of the grant (excluding administration) be used for public services. To determine the pbblic service cap, staff takes 15% of the total grant amount plus income earned during the previous year. For the 2003-04 fiscal year, the public service cap has been set at $71,100. Public service activities benefit very Iow and Iow-income households and include activities such as childcare, placement services, senior legal services, etc. Other Funding Sources--The City of Cupertino also provides $102,200 in General Fund Human Service grants to six agencies ProvicJ~g services to Cupertino residents. These grants are administered by the City Manager's Office. A list of the agencies awarded funds for 2002-03 may be found on Page I of the Five-Year Strategy. In addition to the General Fund Human Service Grants and the CDBG funds, the City of Cupertino also utilizes $50,000 of the Below Market Rate Program in-lieu fees (Affordable Housing Fund) to fund the Cupertino Community Services (CCS) Affordable Placement Program. RFP Process -- In March, staff distributed a notice of funding availability to approximately 30 organizations. Out of those organizations, ten proposals have been received. A brief descnption of each pro posal along with the staff recommendation follows. Public Service Grants: 1. Rotating Shelter Program Cupertino Community Services, Cupertino 2000-01 Grant: $25,000 2001-02 Grant: $25,000 2002-03 Grant: $25,000 2003-04 Request: $25,000 Annual Goal: Provide a maximum of 90 days shelter to 60 to 65 homeless persons per year in churches located in Cupertino, Saratoga and Sunnyvale. The program also provides counseling and City of Cupertino 2002-2005 Consolidated Plan a,e o I O _r other support services to help stabilize the guest's long term housing situation. Description: A total of 11 churches and one synagogue in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 11 of which are "host" churches. Each of the "host" churches provides shelter for a 30-day period. These "host" churches have the responsibility of providing the guest with meals, YMCA passes for shoWerS; etc. CCS provides additional support to the shelter guests, including job counseling and assistance in finding transitional and permanent housing. The agency is requesting funds to primarily cover personnel costs for the program and to supplement their operating budget. The program is also requesting $14,000 from the city of Sunnyvale, $18,480 from the city of San JOse, and $8,500 from the coUnty of santa Clara. Total project cost is $144,178. Recommendation: $25,000 Cupertino Community Services has been very suCCessful in administering this program and it remains o~:of the most successfuLrotating she ter programs n the county. CCS has appl~ed,tp the c~t~es of San Jose and Sunnyva e and has een successful at receiving County Emerg'bhcy She ter Grant fund ng Staff recommends the C~ty conbnue ~tscomm tment to the Rotating She ter Program. 2. Comprehen~i~:e ]A~sistance PrOgram (CAP) Cupertlnp Commumty Services; Cupertino 2003~0~"Request: ,$20 000 , Annual Goal: ~ ProwdeSuPport services to 1,350 Cupertino residents. ~escription: ~, Cupertino Commun ty Serv ces has provded support ,?,~ ~ ~: services to the West Valley s Iow and very-low ~ncome households s~nce 1973. Support services ~nclude a food clothing closet and rental assistance. The agency prowdes necessary services to Cupertino residents. If more money w~ available for public service activities, staff would recommend fully funding this project. With limited resources, staff must take into consideration that CCS receives a significant amount of general fund money for the agency. Staff believes the CDBG public service funds must be used to fund a variety of services for seniors, battered women, etc. Cupertino Senior Day Services Adult Day Care Sponsorships 2003-04 Request: $10,200 City of Cupertino 2002-2005 Consolidated Plan Page 31 I~)- ~5 Annual Goal: Description: Provide "scholarships" to six Cupertino Iow-income seniors enabling them to receive adult day care at the facility. Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $10,200 As the Cupertino population ages, more seniors are in need of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with a~ alternative to moving parents and older family members into an assisted living setting. Senior Adult Legal Assistance 2000-01 Grant: $6,500 2001-02 Grant: $6,500 2002-03 Grant: $11,667 2003-04 Request: $11,667 Annual Goal: Serve 65 Cupertino seniors. Description: Senior Adults Legal Assistanc? (SALA) provides free legal services-'to Iow ~nd very ow-in~;ome seniors at the Cupertino Senior C~ter. Lbgal Sbrv (~es prov ded are in the area of consumer'~ompraints ho~s ng e der abuse, and s mp e Recommendation: $11,667 Several Years ago, the city counci~?;ected staff to work with SALA to increase their se~ ces and fund'ng level~Jack~e Badd ey, the city's Geriatric Social Work Case Manage~ has stated that the increased grant has helped tremendously during the past few years and would like to encourage the city to continue funding the agency at the increased funding level. Staff suppods continuing to fund the agency at the increased level. The Suppo~' Ne~ork for Ba~ered Women Domest c Violence Se~ices for Cupe~ino Families 2003-04 Request: $5,900 A~UalG0al: Se~e a total of 13 unduplicated Cupe~ino residents. Description: The Support Network operates Santa Clare County's only 24-hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $5,900 City of Cupertino 2002-2005 Consolidated Plan The Support Network for Battered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city. Social Advocates for Youth School Based Case Management 2003-04 Request: $40,677 Annual Goal: Provide anger management services to 32 unduplicated Iow and very-low income Cupertino students. Description: Social Advocates for Youth (SAY) will provide case management and anger management services to Cupertino students at target schools, Recommendation: $10,000 The program will provide a valuable service to the City of Cupertino schools. However, the applicant has not demonstrated in the application the need for this type of service or whether there are 32 unduplicated Iow and very-low income students that could benefit from the program. For the first year, staff suggests granting less money and allowing the program to begin operation. The goals will be reduced to accommodate the lesser grant. 85% APPLICATIONS: 7. Economic and Social Opportunities- Housing and Energy Services Program 2003-04 Request: Annual Goal: · - Description: $45,000 % ~¢~,~ ~?: Provide hor~e improve~nent services to 20 Cupertino ~esidents. ~\ ~ Economic and Social Opportunities' Housing and Energy · Services Program assists Iow and very-low income Cupertino residents with home maintenance and removal of code violations. · ' Re ndati $45 000 · ,- comme on: ;~,. ,· The program~w provide a va uab e serv ce to the City of Cupertino since the city '~:;:,: no longer ha~ a rehabilitation program. Many applicat ons for the current rehab ' program administered by the County of Santa Clara, are for small items such as grab bars an'd water heater replacements. Items such as these would be handled through this program. City of Cupertino 2002-2005 Consolidated Plan Page 33 ADMINISTRATION/FAIR HOUSING FUND: Project Sentinel Fair Housing Services 2003-04 Request: $6,996 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (6 cases a year). Description: Provide fair housing assistance to the city of Cupertino, including conducting presentations, counseling housing providers and investigating allegations of discrimination. Recommendation: $0 The program will provide a valuable service to the City of Cupertino, hoWever, Mid-Peninsula Citizens for Fair Housing has been providing Cupertino's fair housing services for many years, Staff recommends continuing to contract with Mid-Peninsula Citizens for Fair Housing/ 9. Mid Peninsula Citizens for Fair Housing Fair Housing Services 2003-04 Request: $10,200 Annual Goal: Fair housing education to the housing industry, investigating allegations of di~'imination. (6"~:ases a year). Description: Provide fair housing as~sistance to the city of Cupertino, ..,::~. nc ud ng conducting presentations, counseling housing providers, arid investigating allegations of discrimination. Recommepdation: $10,200 The p~gmm w p~r0~ide a"~,a uab e service to the City of Cupertino. Mid- Peninsula Citizens for Fair Housing has been providing Cupertino's fair housing services for many years. Staff likes the consistency of having Mid-Peninsula , .:~" Citizen's for Fa r Hous ng cont nue the program Staffwou d like to require that _ · ' the agency be required to meet with local apartment managers annually to ~,, .~, rewew fair housing law and provide informational meeting for tenants on fair '~, housing. AFFORDABLE HOUSING FUND: 1. Affordable Housing Placement Program Cupertino Community Services, Cupertino 2000-01 Grant: $30,000 (CDBG: $3,007; AHF: $26,993) 2001-02 Grant: $50,000 (CDBG: $5,167; AHF: $44,833) 2002-03 Grant: $50,000 (AHF: $50,000) 2003-04 Request: $65,000 City of Cupertino 2002-2005 Consolidated Plan Annual Goal: Provide placement and necessary support services to 75 households (225 individuals). Continue current services and expand the program to encompass the entire BMR program. Description: Cupertino Community Services has been responsible for the screening and placement services for ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list for qualified applicants and provide services to those placed in the affordable units. The agency purchased a fourplex on Greenwood Court that serves as transitional housing for the Rotating Shelter Program. Recommendation: $50,000 (AHF: $50,000) The agency has successfully performed the. necessary task of screening and placement for Chateau Cupertino, City Center Apartments and compiling waiting lists for the below market rate program. Cupertino Community Services also continues to expand services beyond the scope specified by the City. :: The city of Cupertino oversaw the Below Market Rate program and monitored the BMR rentals at Forge-Homestead and Aviare ~part~ents. However, limited staff time made auditing the Aviare and Forge-Homestead programs impossible. Last year's $10,000 funding increase enabled CCS to'devote a full-time employee to the program. This empi~ee is responSible for auditing Aviare and Forge-Homestead Apartment~ as well as h~-ndling all BMR ownership resale requests. The staff person w6Uld als'Jo assemb e procedural manuals for both the ownership and rental programs: :;,These manua s will assist any new staff person taking over tl~ ~i:~g!am as we ~s document procedures. The following.t~'ble summariZes these pr0~0sed allocations. :: Summary: Proposed Allocations ~ ~.~ ~2003-04 ~J~G Allocation: ~ ~;~Program ~dm~ms~ation: ~!CCS - Rotating Shelter: CCS - Compi'e~ensive Assistance Program Cupertino Senior Day Services Se~[gr Adults Legal Assistance SuPPort Network for Battered Women So~iAI Advocates for Youth Economc and Social Opportunities Project Sentinel Mid-Peninsula Citizens for Fair Housing "~ Unallocated (85% fund) Sub. Total: Affordable Housing Fund: CCS- Affordable Placement Program TOTAL: $84,6OO $25,000 $8,333 $10,200 $11,667 $5,9OO $10,000 $45,000 $0 $10,200 $263,100 $474,000 $50,000 Sub-Total: $5~000 City of Cupertino 2002-2005 Consolidated Plan Housing Element Actions -- In addition to these funding allocations, the following specific actions will be undertaken as part of the Housing Element process to address housing and community development issues during the one-year plan period. Implementation Proqram 2: Land Use Desiqnat ons In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation or zoning. The City wil change land use designations/zoning to reflect the density ranges necessary to implement Program 1. Time Frame: 2003 Responsible Party: City of Cupertino, Planning Department Quantified Objective: North DeAnza District: Revise zoning so that all 8.57 acres are zoned at a minimum of 35 units per acre. Homestead District Revise zoning of 4.1 acres to 50 'units per acre so that a total of 12 acres are zoned at 50 units per acre. . ~' South DeAnza District Revise zoning so that 8.73 acres are zoned at a minimum of 15 units per acre. Implementation Pm.qram 5: Housing Mitigation Plan - Office and Industrial Mitigation The City will continue to implement the "Office and Industrial Mitigation" fee program. This program requires th~at developers of offid~ and industrial space pay a fee, which will then be used to ~port a~.~ordal~ie housing for families who work in Cupertino but live elsev~here. These f~bs"~re collected and then deposited in the C~ty s Affordable Housing Fu~d: The City will conduct an updated "nexus' study to determ he'whether t~e manner n wh ch fees are calculated is still'appropriate. % Time Frame! 2002-2003 Co~uC~updated nexus study Respon~!bie Party: City of Cupertinb;'Planning Department mplementation Preqram 10: Surplus Property for Housing In conjunction wtl'i local public agencies, schoo d stricts and churches the C ty , Will develop a st of:~urplus property or underutilized property that have the ~ potential f~r res dent a deve opment, compat b e wth surrounding densities. ~ ~ Additionally, long-term and leases of property from churches, school districts ":i:::corporations f0[construction of affordable units shall be encouraged. Further 'the,~.feasibility 0~deve op ng spec a housing for teachers or other employee groups on the ~urp us properties will be evaluated. Teacher-assisted housing programs in'neighboring districts, such as Santa Clara United School district, will be rev~e~wed for applicabil ty n Cupertino Time Frame: 2002-2003: Develop list of surplus properties and evaluate feasibility of developing residential units on properties. Responsible Party: City of Cupertino, Planning Department Implementation Program 11: Jobs/Housinq Ba ance Proqram Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the Ci~ilh~ a-is City of Cupertino 2002-2005 Consolidated Plan Page 36 evaluate the impact of any application that will produce additional jobs in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to the jobs/housing ratio in the City. In 2001, ABAG's estimate of the City's job/housing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. ~. Time Frame: 2002-2003: Develop procedure to evaluate job-producing development proposals. Evaluate feasibility of policy and/or program that ties new job production to housing production Responsible Party: City of Cupertino, Planning Implementation Program 13: Density Bonus Proqram The City's Density Bonus Program provides for a density bonus and additional concessions for development of 6 or more units that provide affordable hbusing for families and seniors. Included in the concessions are reduced parking standards, reduced open space requirements, reduced setback requirements, and approval of mixed use zoning. The City will change the Ordinance definition of affordable unit to housing costs affordable at 30% of household income for very Iow and Iow-income households. ~ Time Frame: 2003-2003 Change affordability definition Responsible Party: City of Cupertino,??nning Department Implementation Program 15: Residential and M~xed Use Opportumt~es In or Near Employment Centers The City will encourage mixed-use development and the use of shared parking facilities in or near' employment centers. In addition to the development opportunitiesavailable through the "Rear{ of the City" Specific Plan, the City will evaluate the possibility of allowing residential development above existing parking are~s~ In specifi~i th~se'ar~as would be near or adjacent to employment centers and coul~ provide additional opportunities for housing. Time. Frame: ~ 2002 - 2003 Evaluate parking opportunity sites ' ~.. 2002.- 2003 Evaluate incentives that may be offered to encourage residential development in or near employment centers. ~,~Responsible P~rty: City of Cuper[ino, Planning Department Implementation Prb~ram 16: Redevelopment Housing Set Aside Fund The City has established a Redevelopment Project Area, from which tax increment~ funds are collected. A minimum of 25% of tax increment funds will be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element. Time Frame: 2002-2003 Develop policies and objectives for use of Housing Set-Aside Funds Responsible Party: City of Cupertino, Planning Department City of Cupertino 2002-2005 Consolidated Plan Page 37 Implementation Proqram 24: Preservation of "At Risk Units" The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31,2004. However, the development is considered at Iow risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. However, the City will monitor the development and will initiate contact in late 2003 with the owner ~ind HUD to ensure that the units remain affordable. Time Frame: 2003 Initiate contact with owner and HUD to determine status of subsidy renewal. Responsible Party: City of Cupertino, Planning Department. Quantified Objective: 100 units preserved as affordable housing. Implementation Proqram 26: Rental Housinq Preserva~i0'~ Proqram The City's existing multi-family rental units provide housin~ opportunities ~6r households of varied income levels. The City will develop and adopt a I~'rogram that includes the following guidelines When a proposed development or redevelopment of a site would cause a loss of multi-family rental housing, the City will grant approval only if at least two of the following three circumstances exist: .~ The project will produce at least a 100% increa~ in t~e number of units currently on the site and Will C°mp~!y with the Cityi~' ~MR Program, and/or · The number of rental UnitS to be p~ided on the'~ite is at least equal to the number of existing renal u~its, aq~lJSi: No less than 20% of the unit~ wi I '~omp y~i~h the City's BMR Program. Further, the preservation program ~iil include a requirement for a tenant relocation plan ~iil~"~6visions for r~ ocation of tenants on site as much as possible. '~ Time Frame: 2~2-2003 Desj~h Program ResponSible Party:.,~C ty ~of Cupertino Planning Department Implementation Program 27: Conservation and Maintenance of Affordable Housing ~ Deve op a program to encourage the maintenance and rehabilitation of op~e residential structures t serve the older, more affordable housing stock. Time Frame 2003-2004 Design Program ',i Responsible Party City of Cupertino, Planning Department Implementation Pr%ram 30: Fee Waivers or Reduction for Enerqy Conservation The City w!ll evaluate the potential to waive or reduce fees for energy conservation improvements to residential units (existing or new). Time Frame: 2002-2003 Responsible Party: City of Cupertino, Planning Department Implementation Program 31: Cupertino Community Services (Homeless Services) Cupertino Community Services (CCS) manages transitional housing and administers the "Continuum of Care" services for homeless, including the rotating shelter program. In order to facilitate any future emergency shelter needs, the City of Cupertino 2002-2005 Consolidated Plan City will revise the Zoning Ordinance to allow permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Funding Sources: County of Santa Clara Urban County funds and Federal funds. Time Frame: 2002-2003 Revise Zoning Ordinance to allow permanent emergency shelters in BQ zones. Responsible Party: Cupertino Community Services. Fair Housing Actions -Federal fair housing aw requires local jurisdictions to "affirmatively further fair housing" as follows: 1. Conduct an analysis to identify impediments to fair housing choice within the jurisdiction. 2. Take appropriate actions to overcome the effects of any impediments identified through the analysis. 3. Maintain records reflecting the analysis and actions take in this regard. HUD interprets those broad objectives to mean: · :' Analyze and eliminate housing discriminat on in the jurisdiction. · :' Promote fair housing choice for all persons. · :- Provide opportunities for inclusive pa~(Jrns' o[housing occupancy regard ess of race, color, religion, sex, familial st~al~ds, disal~il'ity and national origin. Promote ho?~ng tha! ~s structurally access b e to, and usable b all ersons particula~¥,p~rsons'~ith disabilities. ~ Y' P ' · t-oster compliance with the nondiscdminat on prov sons of the Fa r Hous n Act To meet the§e objectives, the City Of Cupertino will undertake the following actions - many of which are ~Jirectly incorporated from the Countywide Al under which Cupertino has been a participant - as part of the One-Year Plan objectives: 1 .' Prepare the City of Cupertino's Analysis of Impediments to Fair Housing Choice, .' identifying ~mpediments and developing concrete recommendations to address ,.¢, these concerns. 2. Consider. funding.~ ~ a service, agency (or agencies) whose specific responsibility w~l ~e to prov de pubhc outreach serv ces to foster awareness of and support for fair h~u~i~g aw; to nform she ter seekers of their rights and remedies; and to publicize the availability of the services within the City and the County. Activities will include attendance at public functions and festivals, holding meetings for apartment complex owners and managers, and conduct meetings with tenants. 3. Consider funding a service agency (or agencies) whose specific responsibility will be to provide direct assistance to persons seeking to exercise their rights to equal access to housing, through information and referrals, consultations, and case management. City of Cupertino 2002-2005 Consolidated Plan 4. Continue supporting the preservation of the existing housing stock and encourage the development of affordable housing whenever the opportunity exists. 5. To address the issue of a lack of sufficient funding to provide subsidized housing, the City supports the use of leveraged funds as much as possible in order to maximize the benefits of the funding. As noted in the needs section, a recent report, commissioned by all of the jurisdictions in Santa Clara County, provides updated information on housing discrimination in the County, as well as an analysis of services provided by fair housing organizations. Incorporated by reference and entitled Fair Housing in Santa Clara County: An Assessment of Conditions and Programs, 2000-2002, this repOrt makes a series of recommendations to address Countywide fair housing concerns. Although these recommendations have not yet been adopted by the various jurisdictions in the County, the City of Cupertino supports these recommendations in Concept and will take ~ction during the program year to ratify some or all of these, as appropriate. The{/,~?~'' recommendations are as follows: 1. Establish a Fair Housing Collaborative Task Force -- The report recommends that a collaborative task force, meeting on a regular basis, be established to address systemic fair housing issues, the collective goals set by funders for the fair housing community, and to fost~better information-sharing and familiarity with programs. The!ask force coul~ i~i~y a lead role in implementing the fair hOUsing prog~' age~da of t~'e combined Santa Clara County CDBG jurisdictions, S~Jch as t~' s~bifid'~ubstantive recommendations outlined in this chapter. 2~ Conbnue the Benefits of Coordination at the Local Government Level - The repo~ i~ecommends that the e~(ist~g CDBG Coord nators' arouD se ect representabves who wdl have a spec a oversight respons b ty for fa r housing activities bna coun~id~' basi~.~' One of the responsibilities of these coordinator~ ~9ui'cl 'be the development of criter a for conduct ng cost-benefit analyses of fair housing services across jurisdictions. Pr Make Im ovementS in fair housing se~ ces and structure: a) The repo~ [ecommends that all of the County jurisdictions contribute ~nding to the "specialty" fair housing effo~s, and that the "oversight" exercised by Project Senthel over the current Collaboration be shifted to the Fair Housing Task Force. b) The fair hb~sing monitors should annua y retan an outside exped on testing and ' ~nf?c~ment strategies to conduct site visits at the prima~ fair housing providers and assess ~nvestigation and testing quali~. Fair housing funders should use these e~aluations in making programmatic and funding decisions. c) Most of the existing fair housing organizations have at least one attorney on staff; however, the report suggests that the fair housing organizations could do significantly more to develop an in-house litigation capacity. d) The report recommends that CDBG jurisdictions find a way to integrate the San Jose office of Bay Area Legal Aid into its long-term funding structure. BALA has done outstanding work in fair housing services, fair housing litigation, and investigation of city of Cupertino 2002-2005 Consolidated Plan Page 40 10- 59 = = = predatory lending problems in the County. Develop new sources of fair housing funding - The report recommends that CDBG jurisdictions pursue two other sources of funding. The first of these is funding from HUD's Fair Housing Initiatives Program (FHIP), which distributes about $20 million in grants annually across the nation for the development of model fair housing programs. The second promising source of funding is litigation. If the fair housing network seeks attorney fees in successfully litigated cases, or contingent fees in settlements, this can provide a sUbStantial and self- sustaining source of funding for continuing enforcement work. '~' Establish proactive goals for the Fair Housing Community aimed at steadily reducing fair housing problems - The report suggests that the CDBG jurisdictions develop specific, comprehensive goals for the fair housing community. Measure forms of discrimination and deterrent impact of existing enforcement activity -- report recommends that program of systematic, randomized housing audits by instituted. Over time, this would generate a robust source of information on discrimination levels, variations across the County, including Cupertino, and trends over time.. Better public education - The report recommends that the Fair Housing Task Force take a lead role in developing'~ub ic outreach campaigns that have a countywide orientation and that jointly publibize the services of the various fair hous ng organ zations. Such public~ducatio~"efforts ought to reflect actual and unique conditions that exist in Santa Clara County. Some specific outreach strategies could include: a) Working with reporters in the local medi~ to do "investigative" stories on important fair housing problems (e.g., banks with deficient lending records, apartment buildings with restrictive occupancy levels). b) Giving short talks on fair housing issues at forums primarily devoted to other topics (e.g., churches labor union meetings, community organizations). c) Improving systematic information and communication with social service agencies in the region. :1) Developing an integrated set of Public Service Announcements from all of the coordinated fair housing agencies, to be broadcast and published regularly through a coordinated agreement with local media outlets. Negotiate more responsive behavior from problem banks -- Some financial institutions in Santa Clara County ara pursuing underwriting standards or other practices that have the effect of denying credits to Blacks (and to a lesser extent, Hispanics) at a disproportionate rate. The Task Force might be an excellent vehicle to implement a strategy for improving bank performance. Support investigation and litigation aimed at predatory lenders -- The flip City of Cupertino 2002-2005 Consolidated Plan 10. side of lower access to conventional loans by Hispanics and blacks in Santa Clara County is higher targeting at these groups by "predatory" or "subprime" lenders. A coalition of fair housing organizations has been working to assess the scope of regional predatory lending, which local jurisdictions should support. Monitor compliance with protections for the disabled -- Currently, compliance with the fair housing laws concerning persons with disabilities is haphazard, though much good work is being done. The repo~ ~uggests that the Task Force be charged with developing a strategy for periodi~ll~ monitoring individual cities for compliance. This would include the following: ~ a) Development of a census of group homes in Santa Clara County, and goals for individual cities to encourage development of their "fair share"· b) Determination of whether individual cities are properl~ ~nitorin~ the construct[o,~ of mu tfam y hous ng to comply with requirements of fair housing laws· c) Meetings with land use officials from individual Cities to identify areas of existing land use regulations that should be revised to come into conformity ~ith current standards. d) Training of land use officials on the fair housing aCceSSibility requirements. City of Cupertino 2002-2005 Consolidated Plan .a e 2 I0 MONITORING STANDARDS The City of Cupertino follows the monitoring requirements for the use of federal funds as directed by HUD. For example, the City is required to prepare Quarterly and Annual Reports for the use of CDBG funds, which will be submitted to the Housing Commission and the City Council to ensure there are appropriate internal "cross check" controls over the use of funds. Subrecipients are monitored for compliance with CDBG regulations and for success in carrying out the goals and objectives defined in their CDBG contract. Each year, program staff define priority areas for the monitoring program based on local and national trends and concerns. During site visits, the City spot checks client files to confirm income eligibility and other guideline compliance, and reviews the agency's performance with respect to the services identified in the contract. Specific questions to be addressed include: · Is the project operating within the approved budget? If not, why not? · Has there been an audit of the agency? If so, a copy is obtained and reviewed. If not, why not? · Where there is program income, what is the process for reporting and using it? · Do accounting records adequately identify the use of CDBG funds? · Are accounting records supported by source d~cumentation for vendors (invoices, purchase orders, time sheets, contracts~ etc.)? · Can the agency document use of funds through records such as payroll ledgers, cancelled che~ks, receipts ledgers, bank deposit tickets and bank statements, time sheets and co~tracts for Services? · Is the info'~:~ation reviewed by a site visit consistent with the records maintained by the agency and With data previously prov ded to the City? · What procedure dOeS the subrecipient use for procurement? Is it consistent with ~ Circular A-110 (nonprofi~ts) Or A-102 (governmental entities)? ,~. Are the actual measurable accomplmhments of the project to date proceeding ~:~':according to contract projections? If not, why not? · I~"the project pr~0~iding the full scope of services delineated in the contract? If not, why not? ,~v ' · What ar~ the number and percentage of Iow and moderate-income people served by the project? · How does the project prove that it serves Iow and moderate-income people? · Does the project serve minority populations? What is the method of outreach? · Is the project on schedule? If not, why not? · How does the agency evaluate the effectiveness of the project? City of Cupertino 2002-2005 Consolidated Plan · Does the project conform to any additional terms of the contract? · Has any work on the project been subcontracted? · What effort was made to employ local residents and use local businesses and contractors? · Is the agency complying with equal opportunity requirements? · Is the agency complying with disability access and nondiscrimination requirements? Subrecipients are reimbursed for expenses incurred on a quarterly basis upon submission of full documentation of all expenses. Reimbursements are made only for line items contained in the budget of the contract between the agency and the City. The City additionally monitors its housing and community development goals by reviewing the implementation of various strategies outlined in the Consolidated Plan to ensure the targeting of assistance to priority groups, as identified. The monitoring process also includes solicitation of input from the Housing Commission and the Steering Committee on the Consolidatec~ Plan and the associated Performance Report. These entities advise the City Council on housing policy matters. Each update of the Consolidated Plan is also subject to extensive public review and comment, prior to submission to HUD. City of Cupertino 2002-2005 Consolidated Plan Page 44 TABLE lA Homeless and Special Needs Population Individuals Eme~Jency Shelter 20 15 5 , L Beds / Units Transitional Housing 15 11 -4 ~,~ L Permanent Housing 14 10 -4 I Total 49 26 -13 Job Training 24 3 -22 H Case Management 20 14 -6 :,: L Estimated Substance Abuse Treatment 8 0 -8 L Supportive Mental Health Care 35 0 -35 H Services Housin.q Placement 29 12 -17 '~ M Slots Life Skills Training 24 3 -21 ~ H Other Chronic Substance Abusers 7 1 -6 L Seriously Mentally III 7 0 -7 L Estimated Dually - Dia,qnosed 1 0 . -1 L Sub- Veterans 6 0 -6 L populations Persons with HIV/AIDS 1 0 -1 L Victims of Domestic Violence 27 1 -26 H Youth 3 1 -2 L Other Disabled Populations 6 0 -6 L Persons in Families with Children Emergency Shelter 31 23 -8 L Beds / Units Transitional Housing 15 14 -1 L Permanent Housing ~ ,= 12 8 -4 L Total 58 45 -13 ,,~ Job Training 41 4 -37 H Case Management 31 23 -8 L Estimated Substance Abuse Treatment 12 5 -7 L Supportive Mental Health Care 21 2 -19 M services Housing Placement 28 22 -6 L Slots Life Skills Training 41 4 -37 H Other Chronic Substance Abusers 10 0 -10 M Seriously Mentally III 11 80 -3 L Estimated Dually - Diagnosed 1 0 -1 L Sub~ Veterans 9 0 -9 L populations Persons with HIV/AIDS 0 0 0 L '~, Victims of Domestic Violence 9 1 -8 L ~, Youth 3 1 -2 L ~: Other Note: these estimates are based on extrapolating data from the Countywide Continuum of Care Plan and may not exactly reflect the needs or inventory available to homeless persons in Cupertino. These figures were derived by attributing a pm rata share of each category based on the pro rata share of population in Cupertino versus the total Countywide population. City of Cupertino 2002-2005 Consolidated Plan Page 45 TABLE lB Priority Needs of Special Needs Populations H 120 40 M 40 $2,000 16 L 20 $11000,000 10 Disabled ' Disabled Persons w/Alcohol/Other Drug Addictions Persons w/HIV/AIDS M 45 '!?$2,250,000 I0 M 56 $2,800,000 $1,55o,6°o 27 L 31 10 L 0 $0 ' 0 :: Other (homeless. victims of domestic TOTAL L $17,150,000 655~ $32,750,000 violence) 115 228 City of Cupertino 2002-2005 Consolidated Plan TABLE 2A Priority Needs Summary Table City of Cupertino 2002-2005Page Consolidated 47Plan TABLE 2B Community Development Needs PUBLIC FACILITY NEEDS (projects) Senior Centers Handicapped Centers Homeless Facilities Youth Centers Child Care Centers Health Facilities Neighborhood Facilities Parks and/or Recreation Facilities Parking Facilities Non-Residential Histodc Preservation Other Public Facility Needs INFRASTRUCTURE (projects) WatedSewer Improvements Street Improvements Sidewalks Solid Waste Disposal Improvements Flood Drain Imprevements Pedestrian/Bicycle Facilities Traffic Facilities PUBLIC SERVICE NEEDS (people) Senior Services L L M 26 L M 37 L $25,000 L M $800,000 L L M M M 30,000 LF M M $750,000 $75,000 $875,000 $795,000 H 350 $21,867 Disabled Services L Youth Services L 32 $10,000 Child Care Services M 37 Transportation Services -, M $10,80(} Substance Abuse Services L H L L L H M M M L Employment Training Health Services Lead Hazard Screening Crime Awareness 59 $6,500,000 $9,250,000 $1,325,000 $3,750,000 $375,000 $1,275,000 $975,000 $5,975,000 $795,000 $595,000 $40,677 $55,500 $147,500 $11,700 $47,750 $750,00¢ 26 1,910 Domestic Violence Support Food, Clothing and Other Basic Needs ECONOMIC DEVELOPMENT ED Assistance to For-Profits(businesses) ED Technical Assistance(businesses) Micro-Enterprise Assistance(businesses) Rehab; p~ublicly- or privately-Owned CommerCial/Industrial (projects) Cfi* InfrastnJcture Development (projects) Other C/l* Improvements(projects) PLANNING L L L $10,000 $5,900 $8,333 Planning M $50,00C TOTAL ESTIMATED DOLLARS NEEDED: $4,411,90(~ · See narrative City of Cupertino 2002-2005 Consolidated Plan Page 48 DEVELOPMENT OF THE CONSOLIDATED PLAN: OVERVIEW Time Frame -Cupertino's first Consolidated Plan is effective from 2003 to 2005, in order to be consistent with yet-to-be-released special Census tabulations. Once these tabulations are available, Cupertino will revise its Five-Year Plan based on any new demographic data, as warranted. After the year 2005, the Consolidated Plan will be revised every five years. LeadAgency-Cupertino s Department of Planning, Build~ng and~,.~(~us~ng ,~coordinates the overall completion of the Consolidated Plan, with the support ~f other ~epartments, such as Parks and Recreation and Environmental Services. ,~!~t~,c??rdinates input from the public and the City Council, and schedules public ~rings ~ community meetings. :?;~, "':~ Participant Agencies -In addition to the Departments ~sted above, the coordinates the Consolidated Planning process wifl~"the following Santa Clar~i County agencies: ~ Housing and Community Development ~'~,~!~ C~ty' of Gdroy' Department of Planning and Community Development ~":~,City of Mountain View Department of Planning ~ ~ity of Pal"0 Alto Division ( Ci~t~! Santa Clara Department of Community E C~t~of Sunnyvale Department of Housing County of Santa Clara Housing Authority of the County of ~ County of Santa Clara The agencies listed abo~e meet on ar strategies for addressing housing ~ ~e the County s approach to certa ~ to share information and and to provide HUD with information regarding issues (such as homelessness). Citizen table highlights the citizen participation process for the City a total of six hearings on the plan and the propo~e~ u§.e of fun~f~earings were noticed in local newspapers of general circul~i~;~'~.~individ~J~t,~rg~izations and agencies were ma led invitations directly. nd flye~were ai~b t~Jns ated into languages other than En(~lish to ensure the represe~i~tion pgs"~:b e A summary of comments from the-public hearings can be found in an appendix. City of Cupertino 2002-2005 Consolidated Plan [~)- ~3 Page 1 Hearing on housing needs 3113/03 Invitation to organizations and agencies. Notice posted at library, city hall and senior center. Focus groups on housing needs 3/17/03 Invitation to organizations and agencies. Notice posted at 3/18/03 library, city hall and senior center. Published Notice 4/29/03 Notice Releasing] Document for Comment Headng on Use of Funds (Housing 4/10/03 Public Notice published in Cupertino Courier. Notice posted Commission) at library, city ha and senior center:?~ Headng on Use of Funds (City 5/5/03 Public Notice published in Cuper~f~ Cou*r~i~. Notice posted Council) at library, city hall and senior: ~ier. ~ Headng on Consolidated Plan (City 5/19/03 Public Notice published ~ C~pe~i~o Couder. Notice posted Council) at library, city hall and s~r center.~ Hearing on Consolidated Plan 6/13/03 ' ' ~ .... Pubhc Not~ce pubhshed in Cupertino Couner. Notice posted (Housing Commission) · ~ .' ~, ~ at hbrary, c~ty hail and semor center. ~;,V;~ ~ Headng on Consolidated Plan (City 6/16/03 Public Notice ~6~lish~ n Cupertino Couder~Notid~ ~osted Council) ~ ' at libraryL ~ty~all and senior center. ~ City of Cupertino 2002-2005 Consolidated Plan HOUSING AND HOMELESS NEEDS ASSESSMENT The City's certified Housing Element provides substantial information on housing needs in Cupertino, and is incorporated here by reference. The Housing Element includes an analysis of the housing stock and households, estimates of Regional Housing Needs, evaluation of past progress in meeting Housing Element goals, and projected goals, policies and programs. In addition, the City is an active partner in the Countywide Continuum of Care Plan (CofC), which is also incorporated by reference into this Consolidated Plan. The Plan seeks to create a comprehensive and coordinated system of affordable housing and support services for the prevention, reduction and eventual end of homelessness. A summary of demographics and needs from these sources Can be found below, supplemented by relevant data from the "CHAS Datab°°k.'' Population: Between 1960 and the year 2000, Cupertino experienced a substantial growth in population, reflecting northern Santa Clara County's transition from an agricultural center to worldwide headquarters for high technology. By the year 2020, Cupertino's population is expected reach 66,400 persons~ *¢I Race/Ethnicit~ T~ 2~0~0 Cens~ [~ye~led tha'~ ~i Cupertir~b hAS' become d~V~se comm%i~. Be~een 1990 and 2000, th~ ~sian-Amedca~ pop~la~ion increase'd from 23% t~4~ almo~{ equaling~t~e Oa~asian population.'~ ~? City of Cupertino 2002-2005 Consolidated Plan I0- 65 Age: Between 1990 and 2000, the percentage of children, teenagers and older adults (65 or over) increased while the 20-65 age group declined, consistent with State and national trends. Households: Although household sizes dropped to about 2.6 persons per household in 1990, they are on the climb again, and are expected to reach just over 2.8 before leveling off in 2020. 6.0% 6.1% 17.8% 22.3% 58,0% 51.9% 55 - 64 Years 9.8% 8.7% ~5 - 74 Years 5.2% 5.8% 75+ Years 3.2% ~ 5~2% 2.81 Income Levels: According to the ~ 1990 Census - the most recent data ~vail~ble - abra'{ 8% of all households earned less than 50% of the median income and'were considered very Iow-income. Another 4.5% were considered i0~W:income. Th~vast~ majority of the households in Cupertino however, were considered moderate ncome and above. The fo owing table sp ts out this data by renters and owners. ~.i~* R~nter Households 13.5% 7.2% 79.3% ~r Households 4.8% 3.0% 92,2% TOTAL 5.0% 4.5% 87.5% rhe~Hous~ng Elem~nt estimates that in 2000 there were 8.5% very Iow-income hoUSeholds and 4.4% Iow-income households. Many of these lower-income hous~i~o!,.,ds ~nclud~:serv~ce workers who contr bute to and are employed in the City of Cupertino and surrounding areas. For examp e, afu -t me service worker earning $7 per hour has:gn annual ~ncome of less than $15,000, making him or her a very Iow- ~ncome person. Similarly, a three-person household with a teacher as the primary wage-earner and a spouse who stays at home to care for the child would likely have an income of less than $62,150 per year and would be considered a Iow-income household. Currently, the US Department of Housing and Urban Development (HUD) defines the various income levels as follows: City of Cupertino 2002-2005 Consolidated Plan I~,~ ~ ~b Page 4 ELI (30% of MFI) $22,150 $25,300 $28,500 $31,650 $34,200 $36,70¢ $38,250 $41,80(: VLI(50%ofMFI) $36,950 $42,200 $47,500 $52,750 $56,950 $61,20C $65,400 $69,65(: LI(78%ofMFI) $57,450 $65,650 $73,850 $82,10C $88,650 $95,200 $101,8005108,35C MEDIAN(100% of MFI) $73,900 $84,400 $95,000 $105,50Ci$113,900 $122,400 $130,800 $139,30(] MOD (120% of MFI) $88,680 $101,280 $114,000 $126,60¢ $136,680 $146,88(} $156,960 $167,16(~ Geographic Distribution of Minority and Low-Income Concenfrat~ons:' HUD suggests that any Census tract that has a minority population th~at~ 20 percentage points greater than that of the group's total population within the cor~'~unity would indicate an area of minority concentration. Based on the 2000 data, the~'e are no Census tracts that are considered to contain a minoritY'~o~.centfation. African American 0.7% 20.7%';~ ~' - None Native American 0.2% 20.2% None Asian Amedcan 44.4% 64.4%~.~ None Pacific Islander '~'?;~ 0.1% 20.1% ''~;~ ,¢ None Hispanic 24.0% ~ None In addition, the Consolidated Plan re~lati0r~s requi~¢{hat to the extent that any Facial =or ethnic group ~es disproport onate y greater need n comparison to the needs of that category as a whole, asseSsment of that specific need shall be included. For this purpose, di~p~bportionate!y greater need~xi¢~ when the percentage of persons n a category of need who a/'~ of a particular racial or ethni~bup is at east 10 percentage points h gher than the percent~'~f persons i~the cat~ory a~ who e According to the or~iy C~sus data av;ilable to determine potential areas of dispmpo~iona~e need the following categories of households have dispropoKionately higher percentages with ~ny ~pusing problems. ~ VLI Asian Renter Households 128 LI Hispanic Renter Households 29 MOD Black Owner Households 7 It should be ~oted, however, that this information represents a very small number of households with disproportionate needs. In general, the housing needs of various income groups within various ethnic/racial categories tend to be similar with one another. 1Defined as overcrowding, overpayment for housing cost, substandard conditions, or any combination of these three factors. City of Cupertino 2002-2005 Consolidated Plan 10- ~ ~ Page 5 Cost Burden: In general, "affordable housing" is that in which a household pays no more than 30% of its income for housing, including utility costs. Households paying more than this are considered cost burdened, while those paying more than 50% are severely cost burdened. According to 1990 data, about 72% of the City's very Iow- income households paid more than 30% of their income on housing. About 66% of all Iow-income households are similarly burdened, while 55% of all moderate-income households have a cost burden. At-Risk of Homelessness: In conjunction with other factors, such as ~nempioyment or other income problems and chronic health concerns a family with a c°~t burden may be at risk of homelessness. Based on available data, there are p~bably between 1,000 and 1,500 households that are at risk of homelessnesSi Overcrowding: According to the 1990 Census, there were 6i8 househOlds that could be classified as overcrowded, defined as more thaN ~o~ ~erson per room. Howe~er, using this definition, this figure represents only ab,,o~i 4% o~ all households. ~)~king at the information provided by HUD in the CHAS~'~abook_from the early 199~, the following picture emerges: ~ 4O2 314 4,115 378 5,588 3.9% Th~s table shows~, that, of th~l 5,000 house~o ds in Cupertino in 1990 just 601 were overcrowded~ I~ ~lso show~'that, in gentle, the lower the ncome, the higher the percentage bf h0bseholds'~h~t'are overcrowded. Renters tend to be more overcrowded than owners. Additig~a~l'~ata sugg~ ihat large families tended to be more overcrowded than s~il families. ~aiting Lists for Housin~,~AS~istance: Service providers often have waiting sts for ~ ~ndividuals and families se&~ing housing and related services. As an example, the ~ ~using Authority ~aintains waiting lists for persons seeking housing through their vouchgr program. ~s of this writing, there are 59 applicants on the waiting list in Cupertino. Housing N~eds of Homeless Persons: There are homeless persons in Cupertino, although the~; are often hidden. A 1999 survey of homelessness Countywide did not specifically identify the number of homeless in Cupertino, but staff estimates that there are about 50 homeless people on any given night in the City. Homeless individuals and families need a wide range of services, not just housing. These services may include drug/alcohol addiction counseling, life skills training, job placement, physical and mental health support, and a variety of similar services. City of Cupertino 2002-2005 Consolidated Plan Page 6 As noted above, the City is an active participant in the Countywide Continuum of Care (CofC) Plan. As part of this effort, the Plan provides extensive Countywide information on homeless demographics and needs. The following summarizes the data on homelessness from that report: 65% of those homeless surveyed in 1999 were male 36% were Hispanic, 35% were Caucasian, and 18% were African American 36% were under the age of 18, while 2% were over 65 single, unattached adults make up about 60% of the homeless population of the homeless families with children, 66% are headed by a sing!e ~nothe~;- 28% of homeless persons are or have been substance abusers ii~ -~,~.~,, 10% of those 'surveyed identified themselves as suffering fr~ a mental 23% of the women indicated they had sufferance dom~tic vi0i~nce 34% stated they were homeless despite being employee 81% had incomes less than $1,000 per month 41% had at least some college education Housing Needs o£$enior$: In 1990,~12% of all househ~ids in~'iuded a member who was 65 years old or older. Of th~e ~nio¢ households, 22%~,ere owners and 78% were renters. By 2000, the numbe~f semor households increased to 21% of all households. Countywide, the seni°~popu!~i6~ i'~'exp~cted to increase by almost 90% en now and 2020, w~th the population of senLors over the age of 85 years expected to a most doub e m s~ze. These figures suggest there w~ll be an even greater demand for a range~0~' h~JSipg opportd~itiesr~ such as independent ving facilities, assisted housing b~ congregate care fadi~ti§~ group homes, and other living arrangements f0r,.~seniors. ~ I-Iou~ing According to a 2000 study of the gay, lesbi~bj~e~.ual and t~r~a~sgendered people, 11% indicated they needed special H V care~'A 1997 Survey of hOmeless health needs found the number of homeless people ~th HIV ~s ~ncrea~!ng. Sin~9 learning they had HIV/AIDS 36% of people with AIDS ~, bl,a~e been home b~s. It is ~timated that anywhere between 4 000 and 10,000 peop e ~nt~ County are ~n[ected w~th HIV, of which 6% live on the streets or in shelters, while 14%~live with fr end§ or in a relative's house. Housing ~ with Disabilities' There are approximately 4,000 peop e In Cupert~no,~th a work d~sabd~ty, defined as a disability that inte~eres with a person's ability to work. From a housing perspective, there are several different housing needs of disabled persons, from those with developmental or mental disabilities, to those with physical disabilities. In Santa Clara County, the average range of SSI payments for 2000-2001 was approximately $600-700 per month - an amount that is insufficient for securing affordable housing in the region. Lead Based Paint Hazarcl$: In general, any unit built before 1978 may contain lead- based paint (LBP). The County Health Department generally uses 1950 as a cut-off City of Cupertino 2002-2005 Consolidated Plan date as the primary (though not definitive) indicator of potential LBP hazards, since by this time LBP was substantially regulated. Based on this definition, there are an estimated 500 units that have lead hazards. Lower-income families will likely occupy some percentage of these units, but there are no definitive data to estimate that number. Projected Housing Needs: The Association of Bay Area Governments' (ABAG) housing need projections represent Cupertino's share of what the State believes the growth will be over the next five years. Cupertino's current share of t~(~'~ousing need is 2,325 new units over the next several years. The following table breaks th~se numbers down by income category. 378 188 626 ;~ 1,133 2,325 City of Cupertino 2002-2005 Consolidated Plan Page 8 HOUSING MARKET CONDITIONS Housing Units and Type: A substantial portion of Cupertino's housing stock was built after World War II and reflects its suburban, residential character. According to 2000 Census data, there are 18,682 housing units, of which 8 were mobilehomes. From 1990-2000, a 71% 7% Multifamil More 22% total of 2,074 new units were added to Cupertino's housing stock. This represents a production rate of approximately 200 units per year. Jobs-Housing Balance: Using Census data from 2000, there are about 2.5 jobs per every household, making Cupertino a "job rich" community. This ratio is important because as more jobs are created, there is greater demand on the existing housing stock in the community, which causes increases in housing costs and longer commutes times. Substandard Units: There is not a significant number of housing units needing repair or replacement in Cupertino; at most, 6% of the units are substandard, or about 1,100 units. However, this figure would be the maximum in need.of any kind of rehabilitation, including minor home repairs. Housing Costs: In February 2003 the media~n sales price for a single-family home in Cupertino was $768,000, a dechne o~ mo~e than 2~3°~0 s~lnce 2001. The median pnce for a townhome was $479,000 in Februa¥~;A~'erage re~hts have also declined; by February 2003, they had dropped to $1,604 per'ii'it a decline of almost $750 per month, or 32%, since 2001 .? ~?: Despite thes? reducbons m hgus~og pr ~es, typical housing costs sbll far exceed the ability of ve~lo~nd Iow:i~6~ h'6u~holds to afford housing. The following table illustrates the difficulty ~,~rio. us families of lower income have in finding housing that is affordable to them, comParing different kinds of households and the amount they should pay for h~using to afford it, compared with the actual amount. Shaded areas indicate those situations in'Wh'ich the household would be overpaying for housing. Household on ~i~gd [dcome (e.g., Social Security) of $700'iMonth Extremely Low-Income (4 Persons) Very Low-Income (4 Persons) Low-Income (4 Persons) Moderate-Income (4 Persons) Above Moderate-Income (4 Persons) $7OO $791 $1,319 $2,053 $2,638 $3,165 ;~ $~,604~~, $1,604 ~$1~604 $1,604 $1,604 $1,604 $2,585 $2,585~ $2,585 $2,585 $2,585 $4,144 $4,144 $4,144 $4,144 Public Housing and Section 8--Although there is no conventional public housing in Cupertino, the Housing Authority does maintain a supply of Housing Choice Vouchers for residents in the City. In 2003, there are 64 tenants receiving vouchers, while City of Cupertino 2002-2005 Consolidated Plan Page 9 another five receive assistance through the Moderate Rahab program. The following table provides demographic information on this population. FAMILIES Eldedy and Disabled Elded¥ but not disabled Not elderly and not disabled Not eldedy but disabled ETHNICITY Hispanic 4 6% 17 25% 6 9% 42 61% 17 25%'~~ 52 75% .' 34 49% 13% Non-Hispanic RACE Caucasian Amedcan Indian/Alaskan Native 9 Hawaiian/Pacific Islander , 22 32% Loss of Affordable Units: The only affordable housing development at risk of converting to market rate is the Sunnyview develoP~e,ot; whose federal subsidy contract will expire in May 31 2004. However the development is considered at Iow risk for converting because it is owned by a non-profit o"rganizgtion, which has indicated that it will renew the assistance again in 2004. The City Wii~itor the development and w initiate contact in ate 2003 w th the owner and HUD to ensure that the units r ...... ~ emaln a~oroaole. ;~ Fair Housing: Unbl this year the C~ty of:CupeA~no's Conso dated P ann ng requirements were the respons~blhty of~t~e County s~nce CupeAino lacked sufficient population to qual~'~ a'n ~ntitlement j~risdic~ion. As paA of the County's effoAs, it was requ red to ~'~p ete a Count~ de'An~ ~sis of roped ments to Fa r Housing Choice (Al) fo[ the unlncorgorated areas~as well as those junsdlcbons with fewer than 50 000 resldents::.CupeA~no s draft QRnsohdated Plan incorporates the County s A by reference, and inclUdeS an action ~tem ~n the one-year plan to conduct its own inde places a~igh priodtY on promoting and ensuring open and free choice in Jsing for all persons. It is the City's intent to maintain a nondiscriminatow all ~ects of the public and private housing market within the City, and to the nondiscrimination provisions of the Fair Housing Act. communities to ce~i~ that they are fair housing and conducting fair housing planning by: ~g an analysis of the impediments to fair housing choice Taking appropriate actions to overcome the effects of any impediments identified through the analysis, and Maintaining appropriate records of the analysis and actions. The County's Al found that among the impediments that affect access to housing in the County, including Cupertino, are the following: City of Cupertino 2002-2005 Consolidated Plan Page 10 The lack of affordable housing (rental and sale) restricts people in their ability to purchase or rent housing. 2. The lack of available housing creates an inadequate pool of housing stock. 3. The price of land suitable for new housing, which is related to the scarcity of land. 4. The lack of available local funding, especially for affordable housing, has been exacerbated by the lack of federal and state funding available for housing. 6. The high cost to develop affordable housing, which has beer found to cost at least 20 to 30% more than equivalent market rate housing. 7. Occupancy restnctions in rental housing, especially when the property involved is a small apartment complex that is ownea by people with only a modest amount of rental property, has shown to ce a significant restraint. 8. Stigmas associated with affordable housing are often generated by fears that affordable housing will lower proper~y values, bring crime to the neighborhood and result in a lowering of the quality of life for existing residents. 9. Federal caps on incomes limit the provision of housing assistance to those households earn ng 80 percent or less of median income for the area receiving the assistance (e.g. Santa Clara county). 10. Discrimination in housing continues to influence who may find housing and who may not, especially in terms of families with children who remain the largest single class affected by discrimination in the Urban County. A recent report, commissioned by all of the jurisdictions in Santa Clara County, provides updated information on housing discrimination in the County, as well as an analysis of services provided by fair housing organizations. This report, re eased n early 2003 is also incorporated here by reference. Ent t ed Fair Housing in Santa Clara County: An Assessment of Cdnditions and Programs;' ~q00-2002 this report provides detailed information on th~ following topics, among ~'~hers: Demographic Setting and Racial Ti'ends in Santa Clara County Fair Lending in Santa Clara County: an Analysis of Home Mortgage Data ,5.;' Fair Housing Exper ences and Percept ons' A Survey of Santa C ara County Res dents ~;!~;'"Fair Housin~ Services in 'S~nta Clara County ~-Santa Clara County Land Use and Zomng ssues Am~(~g the conclusi~)ns of this report are the following main points: 1. Fair hous ng cond tons n Santa Clara County are, as a general matter, very good; in some cases they are outstanding. Although the report does identify important problems that should be addressed, Santa Clara County has a number of achievements: an exceptional level of racial integration in most parts of the County; an unusually strong and generally well-funded network of fair housing providers; a generally responsive and concerned group of officials working on land use, housing supply, and fair housing issues; and many signs of tolerance of diversity and support for fair housing across the general public community. 2. Santa Clara County has two fundamental fair housing problems; one of them is "largely insoluble," but the second considered solvable. According to the report, the intractable problem is affordability. The region's economic transformation may have reached a plateau, but the County City of Cupertino 2002-2005 Consolidated Plan Page 11 will almost certainly continue to be an extraordinarily difficult place to create affordable housing for some time. 3. The second problem highlighted by the report's authors is that fair housing programs are largely reactive rather than proactive. Although not unique to Santa Clara County, the study recommends that communities do much more. The report notes that no one who works on fair housing in Santa Clara County knows how widespread specific discriminatory practices are in the County, or where they might be concentrated. In addition, the report finds that there are virtually no fair housing services provided to anyone in the home purchase market, even though it is very likely that discrimination and steering are at least as common in this market ~ in the rental market, r~ · Further in this ConPlan, a variety of recommended actions to addrbss fair housing concerns are proposed. City of Cupertino 2002-2005 Consolidated Plan INVENTORY OF FACILITIES AND SERVICES FOR THE HOMELESS, PERSONS THREATENED WITH HOMELESSNESS, AND THOSE WITH SPECIAL NEEDS Both the CofC Plan and, to a lesser extent, the Housing Element, provide important information on the services, facilities and programs available to homeless people, at- risk families and individuals, as well as those with special needs. These include shelters, transitional housing programs, senior day care and support programs, domestic violence programs, and a host of other activities to serve p~Op e w th needs. Please refer to these important documents for mOre information. City of Cupertino 2002-2005 Consolidated Plan [(~) ~ ~.~ Page 13 Barriers to Affordable Housing -- The Housing Element provides detailed information on constraints - both governmental and nongovernmental - to the production, preservation and rehabilitation of housing, especially that which is affordable, and are incorporated here by reference. The Housing Element examines local ordinances and policies to determine whether, under current conditions, they are accomplishing their intended purpose or, in practice, constitute a barrier to the maintenance, improvement or development of housing for all income levels. Some of the areas reviewed included land use controls, local fees and exactions, processing standards, and similar activities. Nongovernmental constraints include a variety of factors that neg~i rely i~act "the maintenance, improvement, or development of housing for all inCOme levels, including the availability of financing, the price of land, and the cost of~onstruction.' The potential list of all constraints on the development could be qUite long, and might include information on national economic conditions a~ regiona geologY~ However, the Housing Element focuses on non-governmental constraints that the City ~ay be able to positively impact The City has defined several actions to either eliminate ~ otherwise mitigate the effect of these constraints on the housing market. Relevant actions are discussed in the Five- Year Strategy. City of Cupertino 2002-2005 Consolidated Plan Page 14 FIVE-YEAR STRATEGY Priority Analysis and Strategy Development -- The housing needs data indicate that some households have a difficult time paying for housing, or have a variety of housing problems, such as ovemrowding. Other statistics point to the need for services, such as supportive housing, assistance with jobs, or mental health concerns. In previous years, the City of Cupertino funded community development programs through the County - as part of the Urban County's CDBG Program :- and through the City's own local funds, primarily general fund monies. These funds have been used to address the City's lower-income residents' needs through primarily the provision of services, rather than direct housing assistance. The following table illustrates how the City has, in the past, funded organizations with various funding sourceSl encies Funded: Fiscal Year 2002-2003 Cupertino Community ServiC~ ~i~; $54,000 Cupertino Senior Day ServiCes $21,200 Long Term Care Ombudsman L,: $4,900 Outreach and Escort $10,800 Second Harvest Food Bank Support Network for Battered Women Senior A'dults L~al S Rotating Shelter~ : ~ii~it~~ $5,400! $t02,200 $10,793 $25,000 $35,793 ~:>~ C~ p~rtino Communi~Services $50,000 ~ Seni~Adults Legal S~ices> $874 ~ ~ ~ $50 874 ~;~ %~ .~ ~ GRAND TOTAL~ Forjts first Cons~hdated ~z the C~ty has rewewed the ex~sbng housing and homeless needs statistics to:determine what, ~f any, changes should be made to ~ts pnont~es for ;~nding. As a jurisdiction ~der the County's U~an County programs, the City was ~ .... ~ .... guided ~n ~ts dec~s~ommak~ng process by the Count~de Consohdated Plan, which ~denb~ed the greatest need for actw~bes d~rected at ve~ Iow-~ncome, small famdy and large fa~.~ly rente~and Iow-inoom~, large family renters. For this c°n'~blidated Plan, the City has developed its priority system for assistance based on t~ following three tables. City of Cupertino Page 15 The first shows that of all households with some type of housing problem, lower-income small renter households (from 0% to 80% of median) account for the largest share of all households with housing problems - more than 30% of all households with problems. :{enters Small HHs 31-50% 150 15.2% :~enters Small HHs 0-30% 122 12.4% :{enters Small HHs 51-80% 96 9.8% :)wners Senior HHs 0-30% Dwners Small HHs 51-80% :{enters Senior HHs 31-50% :{enters Senior HHs 0-30% .: 3wners Small HHs 0-30% 3wners Senior HHs 3%50% Small HHs 31-50% 3wners !Renters Renters Renters Renters Owner~ t: Owners Owners _argeHH. _argeHH~ _argeHH S~hiorHHs 0-30% 51-80% 931-50% 51-80% ;arge HH~, Senior HHS 0-30% 51-80% 'Large HH 51-80% Large HH 31-50% : TOTAL 9.6% 7.1% 6.6% 6.2% 5.5% 5.3% 5.1% 3.4% 3.3% 3.2% 3.0% 1.8% 1.5% 1.1% 0.0% The second table, sorted on households that are overcrowded, shows that while only a small number of lower income households in the CitY;are overcrowded, t he ~i~ ~'e~;~ percentage sharper overcr~Nded households occurs amon( renter Rente~~' ~ E~'rge HH 51-80% 32 23.0% Renters Larg~'HH 31-50% 31 22.3% Renters Large HH 0-30% 23 16.5% Renters Small HHs 31-50% 15 10.8% Renters Senior HHs 0-30% 13 9.4% R~nte~' Small HHs 51-80% 9 6.5% Owners Small HHs 51-80% 7 5.0% R6nters Small HHs 0-30% 6 4.3% Owners Large HH 51-80% 3 2.2% Owners Large HH 0-30% 0 0.0% Owners Large HH 31-50% 0 0.0% Owners Senior HHs 0-30% 0 0.0% Owners Senior HHs 31-50% 0 0.0% Owners Senior HHs 51-80% 0 0.0% Renters Senior HHs 31-50% 0 0.0% Renters Senior HHs 51-80% 0 0.0% Owners Small HHs 0-30% 0 0.0% Owners Small HHs 31-50% 0 0.0% TOTAL 139 Ci~ of Cupe~ino 2002-2005ConsolidatedPlan 10-~(~, Page 16 number of households paying over 50% of income on housing costs, confirms that lower-income renters tend to have a more difficult time with cost burden than owners. In addition, very Iow-income senior households - both renters and owners - have cost burden. Interestingly, large households do not have the problem of overpayment that small households tend to have. Renters Owners 17.6% 17.6% 10.0% 9.0% 8.0% 7.4% 5.8% 4.9% 4.6% 4.4% 3.7% 2.8% 7 1.1% 0 0.0% 0 0.0% 0 0.0% TOTAL 652 Based on the analyses shown a ~b, oVe and n conjunct on'th t~; needs assessment HUD Table 2a: Listing of Pnor!t~ Ne~f~bq~t~e next page,§'h~vs the rankings of the various need categories by p~'i~ritY~'i~based ~)~:'~avai!able da~a. The City intends to be guided by this priority system in all0bating ils ~eso~?~, however, insuffic ent funding, competing priorities, and staffing caP~qitY'~ay prffci~'~e fo ow ng the priority system at all times. Fudher, it ~H~ ~ stressed ~-~t althoug~ a pa~icular type of housing or se~ice may not recb[~ t~6:~ighest pri&H~y, the City will st cons der such a lications . ~ ~:~ ~ ., PP for funding because the need for all types of assistance to lower-income families and individuals ~s g~at. ~, ~ Housing and Ho~S~e~ices ~;Is and Objectives .- The C ty has estab shed several goals, polic e~and implementation pans towards address ne the housin and ~mumty deve opmen~ related needs of ts citizens Based r maril ,~ . ~ ~, ~ · p y on the Hous~n Element, these ~,~s and ~li~es include the following: g AN ADEQUATE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS Policy 3;~,: Su~cient Residentially Zoned land for New Construction Need Designate su~cient residentially zoned land at appropriate dens~ties to pro~{~e~dequate sites that will meet and exceed ABAG's estimate of Cupb~ino's new construction need of 2,325 units for 200~-2006. The following objectives meet that need. Units Affordable to Very Low Income: Units Affordable to Low Income: Units Affordable to Moderate Income: Units Affordable to Above Moderate Income: 378 units 188 units 626 units 1,133 units 2001-2006 TOTAL 2,325 Units City of Cupertino 2002-2005 Consolidated Plan Page 17 lC) Add~tiona~ units are allowed for the remainder of the planning period. Affordable units for the remainder of the planning period will be achieved through the Below Market Rate program. Planning Period TOTAL 2,290 4,615 Units Implementation Proqram 1: Housing Units by Planning District. Encourage residential development in the following Planning districts, as provided below. Residential development in these planning districts includes mixed-use, multi-uni{ ~:~idential and single-family residential at a density of 15-35 + units per acre. A~?~ate i~frastructure is currently available to all districts. Implementation Proqram 2: Land Use Desi.qnat ons In order to allow'f0r the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation Or zoning. The City will change land use designations~/zoning to reflect the densit~ ranges necessary to implement Program 1. Implementation Program 3: Residential Potential Outside 0f Planning Districts Include the existing inventory of residentially zoned parcelS with residential potential that are outside of the planning districts in addressing the Regional Housing Need. Implementation Program 4: Secon~ DWelling ...... . un~[ uro~nancel~ Assure that the Second Dwelling Unit Ordinance to e~bUr~ge t~b'~ production of ~O~e second un ts on GOAL B HOUSING THAT IS AFFORDABLE FOR A DIVERSIW OF CUPERTINO HOUSEHOLDS Pohcy 3-2: Housm~ M~ti~atJon Plan. Assign priority to households who five or work m Cupe~mo for ~MR umts produced ~hrou~h the plan or affordable housin~ bnits builf ~ith mitigation fees. Implementahon Program 5: Housing Mitigation Plan - O~ce and Industrial Mitiqation. Thg~Cit~'W~il c~ptinue t6 ~mple~ent the "O~ce and Industrial Mitigation" fee program. ~h. S program r~uires that de~ opers of o~ce and industrial space pay a fee, which ~Will then be used to suppo~ ~ffOrdable housing for families who work n Cupe~ino but Vee sewhere. These fees are collected and then deposited in the City's Affordable Housing Fund. The C~ty wdl conduct an updated "nexus' study to determine whether the mann~ n wh ch fe~s are calculated is still appropriate Implementation Proqram 6: Housing M t qat on Plan: Residential Mitigat on The City will continuetb implement the "Housing Mitigation" program. This program applies to all new residential development of one unit or grater. Mitigation includes either the payment of an in-lieu fee or the provision of a Below Market Rate (BMR) unit or units. Projects of 10 or more units must provide on-site BMR units. Projects of 9 units or less can either build a unit or paying-lieu fee. Implementation of the program shall include: City of CuperMno 2002-2005Page Consolidated 18Plan a) priority for occupancy to households who reside, work, attend school or have family in Cupertino; b) additional priority for households with wage earners who provide a public service; specifically, employees of the City, local school district and public safety agencies; c) utilize City's Affordable Rent Schedule as a guideline in setting rents for new affordable housing; d) update the rent schedule each year as new income guidelines are received and determine a uniform method for allowing rent adjustments for affordable housing; e) allow developers to meet all or a portion of their BMR requirement by making land available for the City or a non-profit housing developer to construct ~ffordable housing; f) require BMR units to remain affordable for a minimum of 99 yea~s' g) enforce the City's first right of refusal for BMR units, and requi~ 15% BMR units Implementation Program 7: Affordable Housing Fund. The City's Affordable Housing Fund provides financial assistance to affordable housing developments?Requests for Proposals" (RFPs) will be solicited from interested parties to develop affordable units with housing funds. Affordable housing funds will be expended in the following manner (ranked in order of priority): a) Finance affordable housing projects in CuPertino. '~ b) Establish a down payment assistance plan that may be used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of Iow interest loans and not grants. : · c) Establish a rental subsidy program to make market rate unitsmore affordab e Policy 3-3. Range of Houslng~ ~,pes% ,E.~ncourage the development of diverse houslng stock that Pr.o,.wd~s~ a rang? pf housing!tYpes (including smaller, moderate cost housing) a~ affordab~ levels. Emphasize the provision of housin g for lower and moderate,~ncome households and, also, households with wage earners who prov~i~?~!~s~rvice (~g. school district employees, municipal and p~blic safety ~ployees, etc.) Implementabon Proqram 8:: Mortgage Credf Certificate Program Participate in the countywide Msrtg~ge Cre~it~.C..erti~c~a..t~.(~CC) Program Th s program a ocates mortgage cred t certificates to first-bme homebuyers to purchase housing. Due to the h~gh cost of housing u~!s ~n Cupertino, it is estimated that most of the County's MCCs will, be~'"e~d i_n the Cit~;'~&f San Jose where there are more Iow cost housing units available for sa e. Implementabon Program 9 Move-In for Less Program. The Tr-County Apartment ssoc~abon¥,. ~s man~?ng this program, which recognizes the high cost of secudng rental housing. The program is geared to classroom teachers in public or private schools who meet income cnt?[a. Apartment owners/managers who agree to participate in the program req?e'no more than 20% of the monthly rent as a security deposit from qualified tea~6ers. Implementation Program 10: Surplus Property for Housing In conjunction with local public agencies, school districts and churches, the City will develop a list of surplus property or underutilized property that have the potential for residential development, compatible with surrounding densities. Additionally, long-term land leases of property from churches, school districts corporations for construction of affordable units shall be encouraged. Further, the feasibility of developing special housing for teachers or other City of Cupertino 2002-2005 Consolidated Plan Page 19 employee groups on the surplus properties will be evaluated. Teacher-assisted housing programs in neighboring districts, such as Santa Clara United School district, will be reviewed for applicability in Cupertino. Implementation Program 11: Jobs/Housinq Balance Program Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the City will evaluate the impact of any application that will produce additional jobs in the community. Th, e py~r~?e of the evaluation is to describe the impacts of the new jobs on the City ~.b~s n"g stock, especia!ly in relation to the jobs/housing ratio in the City. In 200]; ABAG's bstimate of the City s job/housing ratio was 2.4 jobs to every household. T~ g~al is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or program'that condii~ons approval of job producing activities to housing productions. ~'. ~ Policy 3-4: Housing Rehabilitation. Pursue and/or provide funding fo~ the construction or rehabilitation of housing that is affordable to very Iow, Iow and moderate-income households. ACtively s~pPort and assist non-profit and for profit developers in producing affordable~units. Implementation Program 12: Affordable Housinq nformabon and Support. The City will provide information, resources .a, gd support to developerswh© ban produce affordab e housing. Information will be u~'~'~:~.~eg..ular basis in~ard to availab e funding sources and be distributed to ~il interested 8~eJopers In addition, information regarding additional City incentives'~ch a~s~ti~e ~¢t~ Bonus Program (see program #14) will also be provided and updatS~,~.~p;a regul~r~ §asis. Further the City will involve the public from the beginning of an affS~able housing application so that there are fewer objections to the project as ' ~ ~t goes though the City approval process. Policy 3-5: Maintain and/or adopt appropnate. ~land.,,~use regulatipns and other development tools to encourage th~ development of affordable housing. Make every reasonable effort to disperse units throughout the community but not at the expense of underm~mng the fundamental goal of providing affordable units. ~ii~plementation Program 1~i Density Bonus Program The City's Density Bonus P~q[~am provides for a density bonus and additional concessions for development of 6 or mor,~%units that ~?ovide affordable housing for families and seniors. Included in the conce§~'ig~s are r~uced parking standards, reduced open space requirements, reduced ~e~,~acl~r~equirements, and approva of mixed use zonincl The C tv will chan e th ' ~"~" ~' ~' - g e Ordnance definition of affordable unit to hous ng costs affordab e at 30% of household income for very Iow and Iow-income households. Implementation Program 14: Regulatory Incentives. The City will continue to waive park dedication and construction tax fees for all affordable units. Parking standards will also be discounted for affordable developments. For mixed-use and higher density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulation Ordinance of the Cupertino Municipal Code, if City of Cupertino 2002-2005 Consolidated Plan Page 20 lO' 8 ~"- the applicant can provide a study supporting the deviation. Further, the City will continue to efficiently process all development applications. Implementation Program 15: Residential and Mixed Use Opportunities In or Near Employment Centers. The City will encourage mixed-use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing residential development above existing parking areas. In specific, these areas would be near or adjacent to employn~-ent centers and could provide additional opportunities for housing. .~ Policy 3.6: Tax Increment Funds. Use a minimum of 25% of tax ~increment funds generated from the Redevelopment Project Area for housing activities that create affordable housing for lower and moderate-income households. Set aside 5% of the 25% for extremely Iow-income housing. ~. Implementation Proqram 16: Redevelopment Housinq Set Aside Fund. The City has established a Redevelopment Project Area, from which tax increments funds are collected. A minimum of 25% of tax increment funds will be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element.~?,_. Policy 3-7: Housing Densities. P~ovide a~ full ra~nge of ownership and rental housing unit densities, ~ts and other high-density housing. · Implementation Program 17: Conversion of Commero~a~ Lands to Residential. Commercially designated land may be considered for conversion to residential uses where it doeS'not eliminate'existing or Potential neighborhood serving commercial uses or contradict Heart of the C ty po c es Implementatioh Proqram 18: Residential Development Exceedinq Maximums Allow residential developments to exceed planned density maximums if they meet a special ~:c0mmunity social goal and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Implementation program 19: Flexible Residential Standards Allow flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, fl(~o¢ area ratios and setbacks, particularly for higher density and attached housing developments. GOAL C ENHANCED RESIDENTIAL NEIGHBORHOODS Policy 3-8: Maintenance and Repair. Assist very Iow and Iow-income homeowners and rental property owners in maintaining and repairing their housing units. City of Cupertino 2002-2005 Consolidated Plan Page 21 tmplementation Pmqram 20: Housing Rehabilitation. This program provides financial assistance to eligible very Iow and Iow-income homeowners to rehabilitate their housing units. The County of Santa Clara, Housing and Community Development (HCD), administers the program on behalf of the City of Cupertino. When the City becomes an Entitlement Community in 2002-2003, housing rehabilitation activities will continue to be funded. Implementation Program 21: Home Access Program. The Home Access Program provides assistance with minor home repairs and access~bd~ty ~mprovem~nts for lower- income, disable households. Economic and Social Oppo~unities (Eso) a~inisters the program under a contract with the County of Santa Clara Implementation Proqram 22: Weatherization Pro.qram This Program ~ists very Iow- income homeowners with weatherization improvemepts to their homes. EcOnomic and Social Opportunities (ESO) administers the progm~ in CU~ert no and other ~reas of the County. Implementation Pro.qram 23: Apartment AcqUiSition and Rehabilitation. The County of Santa Clara administers Home and CDBG funds on behalf of the members of the Urban County and HOME Consortium. The City of Cuperti~b participates in both the Urban County and Consortium activities. Funds are available 0n a c?mpetitive basis to developers to acquire and rehabilitate renta un ts for ve~ Iow:a'nd Iow-income households. When the City becomes an e~t!'~!ement commbhity in 2002-2003, the City will continue to include the availability of HOME and CDB~ fund for apartment acquisition and/or rehabilitation. Policy 3~9: Conservation of Housing Stock. COnserve the existing stock of ow..ner and rental ho'~Sing units, whi~ pr~vide affordable housing opportunities for low?and moderate-~ncome~households Implementabon Proqram 2~: Preservab~ of "At R~sk Un,ts". The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31,2004 However, the d~vel°pment is considered, at ow rsk for convert ng because it is owned by a non- profit organization;which has indicated that it will renew the assistance again in 2004. However, the City Will monitor the development and will initiate contact in late 2003 with th~ owner and HUDto ensure that the units remain affordable. Implementation Pr~'~ram 25: Condominium Conversions. The City's existing Condomini~um CShversion Ordinance regulates the conversion of rental units in multi- family housCn~ development n order to preserve the rental housing stock. Condominibm conversions are not allowed if the rental vacancy rate in Cupertino is less than 5% at the time of the application for conversion and has averaged 5% over the past six months. Implementation Proqram 26: Rental Housinq Preservation Program The City's existing multi-family rental units provide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: City of Cupertino 2002-2005 Consolidated Plan Page 22 When a proposed development or redevelopment of a site would cause a loss of multi- family rental housing, the City will grant approval only if at least two of the following three circumstances exist: The project will produce at least a 100% increase in the number of units currently on the site and will comply with the City's BMR Program, and/or The number of rental units to be provided on the site is at least equal to the number of existing renal units, and/or No less than 20% of the units will comply with the City's BMR Program. Further, the preservation program will include a requirement for a tenant relocatior~ plan with provisions for relocation of tenants on site as much as possible. Implementation Proqram 27: Conservation and Maintenance of Affordable Housing Develop a program to encourage the maintenance and rehabilitation bf residential structures to preserve the older, more affordable housing stock. Implementation Program 28: Neighborhood and Community Cleanup Campaiqns Continue to encourage and sponsor neighborhood and community clean up campaigns for both public and private properties Policy 3-10: Energy Conservation. Encourage energy conservation in all existing and new residential development. Implementation Pro.qram 29: Energy Conservation Opportunities The City will continue to enforce Title 24 requirements for~energy conservat on and will evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainability element. '~ Implementation Program 30: Fee Waivers or Reduction for Enerqy Conservation. The City will evaluate ~hb potential to waive ~i',reduce fees for energy conservation improvements t0~:esidentia(~n ts (ex st n~' &~new) GOAL D SERVICE,~ HOUSEHOLDS P°licY 3:'fl: Special ~eeds Households. Support organizations that provide servi~s to special n~bd households in the City: such as homeless, elderly, ' ~ disabled and single parent. Im~iementation PrO.qram 31: Cupertino Community Services (Homeless Services). Cup(~i~i~o Community Services (CCS) manages transitiona housing and administers the "Co~fiQuump¢ ~are" services for homeless, including the rotat ng shelter program. In order t(~ f~ci!i[~te any future emergency shelter needs the City will revise the Zon ng Ordinance to ~llow permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Implementation Proqram 32: Project MATCH (Senior Shared Housing) Project MATCH places seniors in housing arrangement with other persons interested in shared housing. Project MATCH is funded with County of Santa Clara Urban County funds. City of Cupertino 2002-2005 Consolidated Plan Page 23 Implementation Proqram 2,3: Catholic Social Services (Sinq e Parents). Catholic Social Services provides help to place single parents in shared housing situations. The program in funded with Santa Clara County Urban County funds. GOAL E EQUAL ACCESS TO HOUSING OPPORTUNITIES Policy 3-12: Housing Discrimination, Support programs and organizations that seek to eliminate housing discrimination. Implementation Pro.qram 34: Santa Clara County Fair Housing cC)nsortium~ The Santa Clara County Fair Housing Consortium includes the Asian Law Alliance, Mid-Peninsula Citizens for Fair Housing, Project Sentinel and the Mental H~lth AdVOcates Program. These organizations provide resources for Cupertino reside~t's with ten~htJlandlord rental mediation, housing discrimination and fair housin~ conce~s. Administrative funding for these organizations is partially contribu.ted by County of Santa clara Urban County Funds. In addition, the City will actively pursue effortS to affirmabvely further fair housing, including: 1. Conducting an analysis to identify impediments to fair housing choice within the jurisdiction. 2. Taking appropriate actions 'ih overcome the effects'b~ any impediments identified through the analysis. 3. Maintaining records reflecting t~e analysis and actions take in this regard. Homelessne$$ a~d the Rbgional Continuum of Gare --Although the prec se number of h ~: ' ~ "~"' ' - omeless ~nd~w~l~uals and famd~es ~n C~ge~mo ~s not known, anecdotal information suggests th~h~ figure is ~i~ff.~small - ~t~ost, 50 people on any given night. The City has provided f~nding in the 'Past:[~ homeless se~ices and a rotating she tar and will continue to do'~ (~ implementation plans, above as well as one-year action planning~,~911~w ng) ~add t on several agenc es that the Cty has funded prov de assistance ~o a~nsk populabons by prowd~ng hotel/motel assistance, renta/mo~gage assistance, utili~s assist~n~:'transpo~ation, and food and clothing. There are~lso a ~fiumber of transitional beds available w th n Cuped no Bec~s~ homeles~ss is di~cult to quanti~, as homeless individuals and families move ~m place t~place a regional Continuum of Care P an was established to coordinate se~ces, max m ze fund ng, and marshal the collective will of many junsd~cbon~wards address ng the needs. Cupe~ino has pa~icipated in the Continuum 6f Care and will remain an active pa~ner in this endeavor. Other Regional Strategies to Address Homelessness -. The Santa Clara County Collaborative on Housing and Homeless Issues was created in the mid-1990s to draw more funding for homeless shelters, services, and to create mora affordable housing. The Collaborative includes over 120 shelter providers, service providers, advocates, City of Cupertino 2002-2005 Consolidated Plan tO- (~ Page 24 and nonprofit housing developers, united to find ways to increasing housing and service opportunities for homeless people. The Collaborative continues to promote the Continuum of Care as the format to end homelessness in Santa Clara County. In promoting the Continuum, the Collaborative has addressed outreach, emergency shelter, transitional housing, training and employment, supportive housing, and permanent affordable housing. Others with Special Needs -- Because the needs of persons with special needs often extends beyond the provision of housing alone, the City will continue to seek ways to assist this varied population. Seniors continue to be a priority for the City, as well as persons with disabilities. The City additionally supports efforts to: Develop additional rental housing for very Iow-income households. ~ ~ Expand shared housing matching programs to focus on assisting persons with special needs. ~ o:o Expand federal and State programs to meet the housing needs of persons with special needs. %. Make the Secbon 8 pro~ram'more ~ccessful fo~ p'ersons w~th special needs. · :o Increase the awareness of the hou§ing and ~e'rvice needs of persons w th special needs? ~.~.~ · :. Promote~cooperation and shadng'~f~housing information among the various groupsa~d organiza{io~s working'~vlth persons with special needs. · :- Encourage projects that provide linked services and services on-site. No,ho'using CommunitY Development Needs .. Nonhousing community development needs include~PUblic service, infrastructure, economic development and ~0ther developmenti~eeds r~ the community that have an important impact on the v ng c~'~ditions of resider~ts. For example, although job training may not directly relate to housing job training could allow an individual currently living below the poverty level the opportunity to find ~mployment that will help him or her afford a market rate apartment in today's e~x~,~ve housing market. As HUD guidance states, the purpose of addressing ~'~)mmunity's non-housing needs, in addition to its housing needs, is to help create~r~ore livable, better functioning, and more attractive communities by integrating economic, physical, environmental, community, and human development programs in a comprehensive and coordinated fashion so that families and communities can work together and thrive. Table 2B describes the priority level for a variety of nonhousing needs and, where possible, assigns an estimated dollar amount to meet the need. This table takes in to City of Cupertino 2002-2005 Consolidated Plan Page 25 account several funding sources, such as General Fund moneys, that are anticipated to be used to address these needs. Among the highest priorities for the City are services to address senior needs, support to survivors of domestic violence, and a host of infrastructure needs. Although a particular need may have received a "low" ranking, it does not mean the need is unimportant to the City. Rather, in some cases a "low" designation signifies a particular need is addressed through the efforts of the County, such as lead haZard screening. Additionally, even those priority needs ranked "low" may receive funding'from time to time, such as services for youth. Although in absolute numbers;~buth se~ices needs may rank Iow, addressing the needs of youth is important to the CitY. With respect to economic development needs, the City does Provide services to businesses but in the form of technical assistance rather than funding. Barriers to Affordable Housing and Strategies tO Address Negative Effects -- As previously described, the Housing Element provides details on the constraints to the development of housing, and affordable housing in, partiCUlar. At the local level, the City has established incentives and waivers to hell~ offset the cost of providing affordable housing (see implementation plans, above), and provides funding assistance for the development and preservation of affordable houSing. In addition, the City will continue its efforts to ensure that its zoning designations allow for the broadest range of housing types at vadous incomes . ~ Lead-Based Paint Hazards - As n6ted in t~ n~s a'~alysis, the number of units with potential lead-based paint hazards ~ ~roba~31y less (11%n 500 Lower- ncome households will occupy so~e percent~ of these~nits, but how many is not known. In addition to working ~ith th~ County Heajth Department to identify and assist any children with eleV~{ed bloo~¢lead levels, ~he ~ity will, as part of its efforts to address the rehabilitation n~'~ds of its ~sing stock, ~'~vide assistance to persons seeking to mitigate lead hazards in th~ I~o~e~ Antipoverty Strategy'~ Poverty rates in Cupertino are significantly lower than in other areas~fthe country, andinCaforna Based on 2000 Census data, only about 4.8% of the population is living be!0w the federal poverty level. Although th s figure is an ir~c?ease over the P~or deCade, it is still substant ally lower than the poverty rates for the state and nation a~p whole. Rates, 1990-2000: San Jos&, California and the Nation 1990 3.2% 9.2% 12.5% 12.8% 2000 4.8% 8.7% 14.2% 12.4% % Change I 50.4% -5.0% 13.5% -2.8% Although the City does not have direct control over the existence of poverty, it can have an important role in assisting residents in securing employment and gaining skills that City of Cupertino 2002-2005 Consolidated Plan Page 26 will help them to rise out of poverty. The City is an active partner with a variety of jobs skills training programs, such as NOVA. NOVA (North Valley Job Training Consortium was formed in 1983 by a joint powers agreement among the six northern Santa Clara County cities of Cupertino, Los Altos, Mountain View, Palo Alto, Santa Clara, and Sunnyvale in response to Federal legislation, specifically the Job Training Partnership Act (JTPA). Currently, NOVA operates as an employment and training agency, administered by the City of Sunnyvale, but operated on behalf of a seven-city consortium composed of Sunnyvale, Santa Clara, Cupertino, Palo Alto, Mountain View, Los Altos, and Milpitas. .- NOVA provides customer-focused services for individuals seeking retraining and reemployment, as well as for local businesses seeking professional solutions for human resource issues. NOVA offers services for job seekers, businesses, and youth that include: ~ · Transition Planning and Assistance . .~J.., · Labor Market Research ~? .- · Staffing Assistance · Job Training Programs · Job Search Counseling and Workshops · A Career Resource Center · A Business Service Center .~. · Resume/Job-M~!ching Database .... ' Though the majority of job seekers Served (hrough,~NOVA'are "dislocated workers," affected by the downsizing or closure~ of their'Com!~ni~'s, NOVA also partners with many other organizations to provide 6bst0n~ized e~'~loyment and training solutions to populations with special needs, such as homeless~veterans, people with disabilities, welfare recipients,-teen parents, and old~r wgrkers. NOVA is funded primarily b~ grants fromthe state and federal government and by local industry. Multiple funding i~O~rbe~ include the Workforce Investment Act (WlA), Defense Conversion Act Employment Training Panel Stewart B. McKinney Homeless Assistance Act, Wagner-Peyser Act, and funds from private corporations. By far the I~ges( perc'~ntage of NOVA's $12 million annual budget has come from competitive. gi;~nt proposals funded thrOUgh the U S Department of Labor and the State E~ployment Development Department. In addition, the NOVA Private Industry Council was established to guide the agency in its mission to provide Iow cost and efficient job training and employment programs. The council W~i§~ private/public partnership involving local government, business and industry, labbr,~education and training systems, employment services, and community support organizations. The City of Sunnyvale agreed to administer NOVA. Since its formation in 1983, NOVA has averaged a 23% growth rate in both the number of individuals served and the resources available to serve them. In program year 1983- 84, NOVA served 2,009 individuals. By program year 1996-97, NOVA was serving over 9,500 individuals and had an operating budget of over $10 million. NOVA's continued growth is made possible by the organization's willingness and capacity to engage in City of Cupertino 2002-2005 Consolidated Plan Page 27 multi-agency partnerships, adapt services and technologies to meet customer needs, and successfully link employers with the candidates they need. Another job-training and skills program operates out of DeAnza and Foothill Colleges. The mission of the Occupational Training Institute (OTI) is to support economic growth in Silicon Valley by preparing individuals for career opportunities while concurrently providing employers with qualified employees. This program provides high quality employment focused skills training within the Foothill-De Anza Community College District. Since 1975, OTI has prepared clients in a very short time frame to re-enter the workforce. OTI provides services to thousands of clients seeking employ/able job skills and job placement services. Many clients focus on certificate programs at either the Foothill or the De Anza campuses. However, OTI Training Advisors are skilled at designing customized programs tailored to meet clients' specific needs. OTI provides a'selection of training programs that have been tailored to me~ the local job market. To link job seekers with employers OTI provides accessible staff, placement expertise, and a thorough knowledge of our clients' skills. As part of the Foothill-De Anza Community College District, OTI works closely with all workforce education programs and is committed to responding to employer needs. OTI. provides employment training at no cost for eligible individuals. If eligible, OTI will pay fox college fees, books, and required class materials. All clients complet~ing a training p.r~ram through OTI receive job preparat on c asses des gnbd to~addre~job searc~ a~d careers in the 1990's. Support services ,nclude referrals tochlldcare prowders transportation financial a~d, and tutora services. Other services and referrals are avadable on an as needed bas~s. A total of five families are participating in' ~he Welfare to Work Housing Program in Cupertino. During'their thre? years in th~ program have been case managed by the County HousingAuthority tCJ' ensure their ~i~ccess in transitioning from Welfare into self- sufficiency. . ~. , ...... According to the Metropolitan Transportation Commission, transportation is a real barriei: for individuals making the move from welfare to work. It's not enough for c~IWORKS participants tdfind jobs -- they must figure out how to get to those jobs. ~;~That means they have to consider all their transportation options -- driving, buses, trains, bicycles and ~o on -- even as they look for jobs. Social service staff members who assist them must also be aware of participants' transportation needs and options, as weli ~s~how ~ obtain information about these options. These resou'rc~ guides, published by MTC, are intended for use by staff members at social service and community-based organizations who provide direct assistance to CalWORKS participants. These guides are not intended to replace schedules and route maps available from individual transit agencies. Their purpose is to give CalWORKS participants and their advisors a general idea of what kinds of options are available and how to get more information about them. They include an overview of all the transportation options available to CalWORKS City of Cupertino 2002-2005 Consolidated Plan Page 28 participants in four core counties, as well as instructions for how to get more detailed information by phone, in person, via the Internet and by mail. Also included is information about support for different options: subsidies for transit riders, Park & Ride lots for ridesharers and guaranteed ride home programs. Institutional Structure and Coordination - Key participants in the institutional structure include the federal, State and local government; nonprofit and for-profit organizations; social service agencies; and several major financial institutions that provide valuable capital. The Continuum of Care Plan, the Housing Fle~ent, Fair Housing Reports, and other documents related to community deVe!?pment describe in detail how services are delivered and the interrelationship among vadous public and private entities. ~. ~ In addition, the City of Cupertino is an active participant iR the Countywide CDBG Coordination Committee, comprised of CDBG representatives from each en~itlern~ent jurisdiction in Santa Clara County. This group jointly funds surveys and studi~ (such as the homeless surveys and the recent fair hgUSing §tudy) works together'to brainstorm new approaches to housing and community ~evelopment concerns, and collectively implements a vadety of regional planning measures intended to address issues of mutual concern. City of Cupertino 2002-2005 Consolidated Plan Page 29 ONE-YEAR ACTION PLAN Summary of Funding --The City of Cupertino will receive a CDBG entitlement of approximately $474,000 for fiscal year 2003-04. This is Cupertino's first year as an entitlement jurisdiction receiving the CDBG grant directly from HUD. Of the $474,000, 20% or $94,800 can be used for administration, including fair housing services. Fifteen percent, or $71,100, may be used for public service activities. HUD regulations require that projects selected for funding benefit ~ery Iow and Iow- income households, eliminate a blighted area, or address an U~ge~t (emergency) community need. In addition, only certain types of activities qualify under the CDBG regulations. Some examples of eligible activities are: removal of barriers to the handicapped, public improvements, public services, affordable hOusing projects, rehabilitation and property acquisition. ~.,~' ~ Federal regulations do not allow more than 15%°f the grant (exclud ng administration) be used for pubhc services. To determine the public serviCe cap, staff takes 15% of the total grant amount plus income earned during the p¢~vi0bs year. For the 2003-04 fiscal year, the public service cap has been set at $71,100. Public service activities benefit very Iow and Iow-income households and includ8 activities such as childcare, placement services, senior legal services, etc. Other Funding Sources--The City of Cupertino ~lso provides $102,200 in General Fund Human Service grants to six ~encies providkng services to Cupertino residents. These grants are administered by the Ci~ Manager'~ Office. A list of the agencies awarded funds for 2002-03 may be fo~J on Page' 1 of the Five-Year Strategy. In addition to the GenSCal FUhd Human service Grants and the CDBG funds, the City of Cupertino also u~iiizes $50,000 of the Be ~¢ I~larket Rate Program in-lieu fees (Affordable Housing Fund) to fund t~e Cupertino Community Services (CCS) Affordable Placement RFP Process -- In March, staff distributed a notice of funding availability to app~0~<imatel~ 30 organizations. Out of those organizations, ten proposals have been .~received. A brief description of each proposal along with the staff recommendation ~ follows. Public Service Gr~nts: 1. Rotabng Shelter Program cU~b.rt!~'Community Serv ces, Cupertino 2000-01 Grant: $25,000 2001;02 Grant: $25,000 2002-03 Grant: $25,000 2003-04 Request: $25,000 Annual Goal: Provide a maximum of 90 days shelter to 60 to 65 homeless persons per year in churches located in Cupertino, Saratoga and Sunnyvale. The program also provides counseling and City of Cupertino 2002-2005 Consolidated Plan Page 30 other support services to help stabilize the guest's long term housing situation. Description: A total of 11 churches and one synagogue in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 11 of which are "host" churches. Each of the "host" churches provides shelter for a 30-day period· These "host" churches have the responsibility of prOviding the guest with meals, YMCA passes for sho~er~; etc. CCS provides additional support to the she'~r guest~, including job counseling and assistance in findin~transitional and permanent housing The agency is requesting funds to Pdmadly cover personnel costs for the program and to Supplement their oPei-afi~g budget. The program ~s also requesbng $14 000 from the city of Sunnyvale, $!8,480 fromm the city of San 'JOse, and $8,500 from the county of Santa Clara. Total project cost is $144,178. Recommendation: $25,000 , Cupertino Community ServiCes has been very suC~essfu'i in administering this program and it remains on~:of th~'~ost successfu!~r~tating shelter programs in the county. CCS has a~lie8 tp the'~ities of San JoUle and Sunnyvale and has been successful at rece~wng County Emergency Shelter Grant funding. Staff recommends the City continu~'i!,S ~o~mitme~t to the Rotating Shelter Program. 2. Comprehensive Assistance Program (CAP) Cuperhno Commumty Serv~ces¢,Cupertino 2003-~q4~ ~equest: ~$~0,000 Annu~ G~!~i ~Pi~0~i~b'suP~ort services to 1,350 Cupertino residents. ~ !~,Des~[!p~!on: ?~;~ Cupertino Community Serv!ces has provided support ~ ......... ~ ':'~.services to the West Va ey s ow and very- ow income ;' ~ households s~nce 1973. Support serv ces nc ude a food .... * pantry, clothing closet and rental assistance. ~¢Recommen~at on $8 333 The agency, prowdes necessary services to Cupert no res dents f more money were~avadable for pubhc service acbwbes, staff would recommend fully funding th~s p[pject. With limited resources, staff must take into consideration that CCS receives a significant amount of general fund money for the agency. Staff believes the CDBG public service funds must be used to fund a variety of services for seniors, battered women, etc. Cupertino Senior Day Services Adult Day Care Sponsorships 2003-04 Request: $10,200 Cu,e ina 2002-2005 Consolidated Plan Page 31 Annual Goal: Provide "scholarships" to six Cupertino Iow-income seniors enabling them to receive adult day care at the facility. Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $10,200 ~' As the Cupertino population ages, more seniors are in need,of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to moving parents and older family members into an assisted living setting. 4. Senior Adult Legal Assistance 2000-01 Grant: $6,500 2001-02 Grant: $6,500 2002-03 Grant: $11,667 2003-04 Request: $11,667 Annual Goal: Serve 65 Cupertino senior~3~. ~; Description. Senisr':AdQIts L~ga Ass stance (SALA) provides free ega seK, ice~ to Iow ~nd ve~ Iow-ln~ome sen'ors at the Cupert'no Senior C~nter..~ai~§~'rvib~es provided are in the area of consume¢"~om'~ints, bou~ing elder abuse, and s~mple :: .~llls. ~ Recommendation. $,11,667 ~ Several ~ears ago, t~ ~itY cou~ii~d~ected staff to work ~ith SALA to increase their ~i~b~ an~'di~,ibVel~Jackie Baddley the ci~ s Geriatric Social Work Case Mana~'~, fi~s stated thaiS'the increased grant has helped tremendously duringthe pas~'~ew years and would like to encourage the city to continue ~ ; ~"fundin~ the agen~at the increased funding eve Staff suppo~s continuing to fund the ~ency at tfi~ i~creased level. The Suppo~Ne~ork for Battered Women ~Domestic Viblence Se~ices for Cupe~ino Families 200~-04 Re-~uest: $5,900 An'~ual G~al: Se~e a total of 13 unduplicated Cupedino residents. DesCription: The Support Network operates Santa Clara County's only 24-hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $5,900 City of Cupertino 2002-2005 Consolidated Plan Page 32 The Support Network for Ba~tered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city, Social Advocates for Youth School Based Case Management 2003-04 Request: $40,677 Annual Goal: Provide anger management services to 32 unduplicated Iow and very-low income Cupertino students. Description: Social Advocates for Youth (SAY) will prOvide case management and anger management services to Cupertino students at target schools. Recommendation: $10,000 The program will provide a valuable service to the City of Cupertino schools. However, the applicant has not demonstrated in the application the need for this type of service or whether there are 32 unduplicated Iow and very-low income students that could benefit from the program. For the first year, staff suggests granting less money and allowing the program to begin operation. The goals will be reduced to accommodate the lesser grant. 85% APPLICATIONS: ~ ~ 7. Economic and Soci; Housing and Energy Services Program 2003-04 Request: $45,000 Annual Goal:~,~: ~ Provide hom~ ~mprove~ent serv cas to 20 Cupertino r~sdents ~ ~ DescriPt!~n: E?~gmic a~d:Social Opportunities' Housing and Energy ~'~.~ ~;~ S~iC~s;'Pr6gram assists Iow and very- ow ncome ,;~;~:' Cupertino ~sidents with home maintenance and removal of %~¥ code violations ,?? Recomme'ndation: $45,000 ,~?;?. The program, will pr°~ide a valuable service to the City of Cupertino since the citv ~,. no longer has a rehabilitation program. Many applications for the current rehab ~ Program administered by the County of Santa C ara are for sma tams such as gr~b bars ahd water heater replacements. Items such as these would be hahdled through this program. City of Cupertino 2002-2005 Consolidated Plan [(~) - ~ ~ Page 33 ADMINISTRATION/FAIR HOUSING FUND: Project Sentinel Fair Housing Services 2003-04 Request: $6,996 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (6 cases a year). Description: Provide fair housing assistance to the city of Cupertino, including conducting presentations, counseling housing providers, and investigating allegations of discrimination. Recommendation: $0 ~. The program will provide a valuable service to the City of Cupertino, hOWever, Mid-Peninsula Citizens for Fair Housing has been providing Cupertino's'fair housing services for many years. Staff. recommends continuing to contract with Mid-Peninsula Citizens for Fair Housing.~- ~_ 9. Mid Peninsula Citizens for Fair Housing Fair Housing Services 2003-04 Request: $10,200 ..~.~ Annual Goal: Fair.ho?sing ed.;u~?~tio, n to. the ~0:~ing industry, investigating allegations of discqmlnabon (6 cases a year). Description: Provide fa~ h~[J~ing as~si~ance to the city of Cupertino, ~:; ~, ~ including c~lucting presentations counseling housing ~ ' ' Providers, a~d investigating allegations of discrimination. Reco~mendation:,,ii~ 0,200 ~ The P~:bgram will pr0~;ide ~'~alu~ble service to the City of Cupertino. Mid- Peninsula citizen§ for Fair Housing has been providing Cupertino's fair housing services for many years. Staff likes the consistency of having Mid-Peninsula ,.,-- Citizen's for Fair Housing continue the program. Staff would like to require that · ~i~·' the agency be required to meet with local apartment managers annually to ~ review fa r housing law and provide informational meet ng for tenants on fa r AFFORDABLE HOUSING FUND: Affordable Housing Placement Program Cupertino Community Services, Cupertino 2000-01 Grant: $30,000 (CDBG: $3,007; AHF: $26,993) 2001-02 Grant: $50,000 (CDBG: $5,167; AHF: $44,833) 2002-03 Grant: $50,000 (AHF: $50,000) 2003-04 Request: $65,000 City of Cupertino 2002-2005 Consolidated Plan Page 34 Annual Goal: Provide placement and necessary support services to 75 households (225 individuals). Continue current services and expand the program to encompass the entire BMR program. Description: Cupertino Community Services has been responsible for the screening and placement services for ten senior units located at Chateau Cupertino as well as below market rate rental units, They maintain a waiting list for qualified applicants and provide services to thosePlaCed in the affordable units. The agency purchased a fourPlex on Greenwood Court that serves as transitional housing for the Rotating Shelter Program. ~ Recommendation: $50,000 (AHF: $50,000) The agency has successfully performed the necessary task of screening and placement for Chateau Cupertino, City Center Apartments and compiling waiting lists for the below market rate program. CUpertino Community Services also continues to expand services beyond the scope specified by the City. The city of Cupertino oversaw the Below Market Rate program and monitored the BMR rentals at Forge-Homestead and Aviare Apartments. However, limited staff time made auditing the Aviare and Forge-Ho~nestea~d programs impossible. Last year's $10,000 funding inCrease enabled CCS t0~devote a full-time employee to the program. T~is eml~i(~/ee is~ responsible for auditing Aviare and Forge-Homestead Apartments~ as W~ell as hand nga BMR ownership resa e requests. The staff person would al~o assemble procedural manuals for both the ownership and;rental programsi~hese ma'nuals will assist any new staff person taking over~!l~ ~0~am as well a~s document procedures. The following t'~le summaries these p~roi~sed allocations. ~ :~?' Summaryi Proposed Allocations ~ ~ 2003-04 ~G AlloCation. ~.,. Program Ad,mlmstrat~on: $84 600 CCS - Rotating S~elter: $25 000 ~: CCs - ComPret~nsive Assistance Program $8 333 ~;.. ;;~:~ Cuperbno Semor Day Services $10,200 ~:~ Se~[~r Adu ts Legal Assistance $11 667 Su~.port Network for Battered Women $5,900 %t: S_q~jal Advocates for Youth $10,000 ~;~:. E~nomic and Social Opportunities $45,000 ~'~ ~'lSroject Sent ne $0 :~':' Mid-Peninsula Citizens for Fair Housing $10,200 Unallocated ($5% fund) $263,100 Affordable Hobsing Fund: CCS- Affordable Placement Program TOTAL: Sub-Total: $50,000 $5~000 City of Cupertino 1o- fl Page 35 Housing Element Actions -- In addition to these funding allocations, the following specific actions will be undertaken as part of the Housing Element process to address housing and community development issues during the one-year plan period. Implementation Program 2: Land Use Designations In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation or zoning. The City will change land use designations/zoning to reflect the density ranges necessary to implement Program 1. Time Frame: 2003 Responsible Party: City of Cupertino, Planning Department Quantified Objective: North DeAnza District: Revise zoning s© that all 8.57 acres are zoned at a minimumlof 35 units per acre Homestead District ReyiS~ z°hing of 4.1 acres t~'50 ~nits per acre so that a tota! of 12 acres are zoned at 50 U~its per acre. ~'? South DeAnza District~ ReVise zoning so that 8.73 acres are zoned at a minimum of 15 units per acre. Implementation Program 5: Housinq Mitigation Plan - Office and Industrial Mitigation The City will continue to implement, the "Office and Industrial Mitigation" fee program. This program requiresth~t:developers of offi~ and industrial space pay a fee which will then be U~ed to ~J~Ort affordal~ie housing for families who work ~n Cuperbno but I~ve elsewhere. ~ese f~es'are collected and then deposited ~n the C~ty s Affordable~pUs~ng FuQd: The C~ty wdl conduct an updated "nexusLstu~y to determir~vhether t~e manner in which fees are calculated ~s stdl appropnate. ~ T~me Frame: 2002-2003 Condu,,ct updated nexus study Responsi~i~ Party: cit~ of Cupertin~~ Planning Department Implementation program 10: Surplus Property for Housinq In conjunction with}gcal public agencies school districts and churches the C ty ~;wfll develop a hst of surplus property or underutilized property that have the ,.~ ~.~; potential f(~-~e~identiai d~velopment, compatible with surrounding densities. ~:~.;~,~ Add t ona y, o~ng-term and eases of property from churches, school districts ~'-~orporat~ons f0~construcbon of affordable umts shall be encouraged. Further, ~e feasibility (J~developing special housing for teachers or other employee g~0'~ps on t~e~*urplus properties will be evaluated. Teacher-assisted housing progi'~ms ?i~eighboring districts, such as Santa Clara United School district, will be revi~'~'d for applicability in Cupertino. Time FrAme: 2002-2003: Develop list of surplus properties and evaluate feasibility of developing residential units on properties. Responsible Party: City of Cupertino, Planning Department Implementation Program 11: Jobs/Housing Balance Program Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the City of Cupertino 2002-2005 Consolidated Plan ([~). q~) Page 36 evaluate the impact o{ any application that will produce additlona~ jobs in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to the jobs/housing ratio in the City. In 2001, ABAG's estimate of the City's job/housing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. Time Frame: 2002-2003: Develop procedure to evaluate job'Producing development proposals. Evaluate feasibility of policy and/or program that ties new job production to housing production Responsible Party: City of Cupertino, Planning Implementation Proqram 13: Density Bonus Program The City's Density Bonus Program provides f0[~a density bonus and additional concessions for development of 6 or more unitS that provide affordable t~sing for families and seniors. Included in the concessions are reduced parki~5g standards reduced open space requirements, redu~ed setback requirements, and approval of mixed use zoning. The City wil! ch~g~ the Ordinance definition of affordable unit to housing costs affordable at 30% of household income for very Iow and iow-income households. Time Frame: 2003-20~3,~hange affordability definition Responsible Party: City~fC~p~rtihoi~lanning Dep~.~ent Implementation Proqram 15: Resid~ntial and MiX~ U$~ Opportunities In or Near Employment Centers mixed-us~velopm~t and the use of shared parking The City will encourage i''~i ' "ii ~ facilities in or nea'~ emp!oyment ce~ers. I~n addition to the development opportunitieS: ~vailablelt~hrough the "~e~ of the City" Specific Plan. the City will evaluate,th~ possibility bf, a!!~wing ,?~i~ential development above existing parking ~rea~ !n spgcifi~i tfi~$e:a_.r~as would be near or adjacent to employment centers and c~bl~ p~°vide additional opportunities for housing. ~ime Frame: 2002 - 2003 Evaluate parking opportunity sites ...... ;~?, '~' 2002~ 2003 Evaluate incentives that may be offered to ~ encourage residential development in or near employment centers. ponsible P~rty: City of Cupertino, Planning Department Implementation Pri~.qram 16: Redevelopment Housing Set Aside Fund The City ~,~established a Redevelopment Project Area from which tax increments funds are collected. A minimum of 25 Yo of tax increment funds will be directe~ 'to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element. Time Frame: 2002-2003 Develop policies and objectives for use of Housing Set-Aside Funds Responsible Party: City of Cupertino, Planning Department City of Cupertino 2002-2005 Consolidated Plan Page 37 Implementation Program 24: Preservation of "At Risk Units" The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31, 2004. However, the development is considered at Iow risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. However, the City will monitor the development and will initiate contact in late 2003 with the owner a~d HUD to ensure that the units remain affordable. Time Frame: 2003 Initiate contact with owner and HUDto determine status of subsidy renewal. Responsible Party: City of Cupertino, Planning Department. Quantified Objective: 100 units preserved as affor~able housing. Implementation Program 26: Rental Housing Preserv~tio~ Program The City's existing multi-family rental units prb~ide housing opportuniti~ households of varied income levels. TheCi~ will develop and adopt a ~rogram that includes the following guidelines: '~' ~,. When a proposed development or redevelopment,6f a site would cause a loss of multi-family rental housing, the City will grant approval only if at least two of the following three circumstances exist: · The project will produce ~t least a 100% increa~iin t~ number of un ts currently on the site ariel ~ill~emp. y. with the City'~MR Program and/or · The number of rentai bnits"to be ~'~(~ided on the~ite is at lea-st equal to the number of existing renal uAits and/6~ · No less than 20% of the un,ts ~!!I comply.,wlth the C~ty s BMR Program. Further, the pr~§9~atign program'~iil include~a requirement for a tenant relocation plan:With I~revisions for ~location of tenants on site as much as possible. ~¢~'~ ~ Time Fra~: 2~02~2003 D~S~' Program Respon§ibl~Party: .~C~¢:~perti~ Planning Department Implementation Program 27: Conservation and Maintenance of Affordable Housing .~?~; Develop ~ program. . re: encourage the ma ntenance and rehab' 'tat'on of .~.;' res~denhal structures t0 P~eserve the older more affordable hous'ng stock. ~,. Time Frame: 2003-2004 Design Program ~'~i~%~esponsible P~rty.~ City of Cupertino, Plannin g De p artment Implern~ntation Pr~qram 30: Fee Waivers or Reduction for Enerqy Conservation The City will ~valuate the potential to waive or reduce fees for energy conservAtien improvements to residential units (existing or new). Time F~me: 2002-2003 Responsible Party: City of Cupertino, Planning Department Implementation Proqram 31: Cupertino Community Services (Homeless Services) Cupertino Community Services (CCS) manages transitional housing and administers the "Continuum of Care" services for homeless, including the rotating shelter program. In order to facilitate any future emergency shelter needs, the City of Cupertino 2002-2005 Consolidated Plan Page 38 City wilt revi~e the Zoning Ordinance to ~l[ow !~ermanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Funding Sources: County of Santa Clara Urban County funds and Federal funds. Time Frame: 2002-2003 Revise Zoning Ordinance to allow permanent emergency shelters in BQ zones. Responsible Party: Cupertino Community Services lair I-Iousin~l Actions -Federal fair housing law requires local juiisdictions to "affirmatively further fair housing" as follows: 1. Conduct an analysis to identify impediments to fair hoUSing choibe within the jurisdiction. 2. Take appropriate actions to overcome the, 0~nyimpediments idbntified through the analysis. :: 3. Maintain records reflecting the analysis ~nd action§ take in this regard. HUD interprets those broad objectives to mean: · **. Analyze and eliminate housing ~iscrimination in the jurisdiction. · . ~,,~.~ · .*. Promote fair housing c~o~ce for all'persons o.*o Provide opportunities for inclUSive patterns bf~h0us ng occupancy regard ess of race, color, religion, sex, familial status, disability and national odgin. o**o Promote housing that is structurally accessible to and usable by, all persons, particularly ~Son~ith disabilities. · ;o Foster~mpliance w th the nond s~dm nat on provisions of the Fair Hous ng Act To meet the~'~ ol~'j~tiv~s~ii~"bi~ C~pertino will undertake the fo ow ng actions - many of which are ~ire~iy incorporated from the Countywide Al under wh ch Cupert no has been a pa~icipant ~ as part of the One-Year Plan objectives: Prepare the C~ty of Cupert no's Ana ys s of Impediments to Fair Housing Cho ce ~dentlfylng i~pediments and developing concrete recommendations to address these concerns. 2. a service agency (or agencies) whose specific responsibility )ublic outreach services to foster awareness of and support for ~. ~g law; to inform shelter seekers of their rights and remedies; and to public'i~e the availability of the services within the City and the County. Activities wilt include attendance at public functions and festivals, holding meetings for apartment complex owners and managers, and conduct meetings with tenants. 3. Consider funding a service agency (or agencies) whose specific responsibility will be to provide direct assistance to persons seeking to exercise their rights to equal access to housing, through information and referrals, consultations, and case management. City of Cupertino 2002-2005 Consolidated Plan 4. Continue supporting the preservation of the existing housing stock and encourage the development of affordable housing whenever the opportunity exists. 5. To address the issue of a lack of sufficient funding to provide subsidized housing, the City supports the use of leveraged funds as much as possible in order to maximize the benefits of the funding. As noted in the needs section, a recent report, commissioned by all of the jurisdictions in Santa Clara County, provides updated information on housing diScrimination in the County, as well as an analysis of services provided by fair housing 0rgani~ations. Incorporated by reference and entitled Fair Housing in Santa :Ciara County: An Assessment of Conditions and Programs, 2000-2002, this report makes a series of recommendations to address Countywide fair housing concerns. Although these recommendations have not yet been adopted by the vadous jurisdictions in the County the City of Cupertino supports these recommendations in concept and will t~ke ~'ction during the program year to ratify some or all of recommendations are as follows: 1. Establish a Fair Housing Collaborative Task ForCe -- The report recommends that a collaborative task force, meeting on a regular basis, be established to address systemic fair housing issues, the collective goals set by funders for the fair housing community, and to foSter, better information-sharing and familiarity with programS.~ The.task force could ~i~y a ead roe n ~mplementmg the fair housing program agenda of the combined Santa Clara County CDBG junsdmbons, such as the specific substanbve recommendabons outlined in this chapter. ,, ...... 2. Continue the Benefits of Coordination at the Local Government Level - The repo~ recommends that the ex~st~ng CDBG Coordinators group select representabves who w~ have a spec~a oversight respons~b~ ~ty for fair housing activities on a co~n~id~ basis~ii'One of the responsibilities of these coordinators Could be the development of criteria for conducting cost-benefit analyses of fai~ housing services across jurisdictions. ~. ,- Make Improvements, in fair housing services and structure: ~:~i~ a) The report recommends that all of the County jurisdictions contribute funding to the ~ .~_.~ "specialty"fair housing efforts, and that the "oversight" exercised by Pro ect Sentinel over ~ · . . . ~,'~ the current collaboration be sh~fted to the Fair Housing Task Force. b). =,.The fa~r,,hous~ng monitors should annually retain an outside expert on testing and '"'enforcement strategies to conduct site visits at the primary fair housing providers and assess mvest~gabon and tesbng qua ~ty. Fair housing funders should use these ev~iuations in making programmatic and funding decisions. c) Most of the existing fair housing organizations have at least one attorney on staff; however, the report suggests that the fair housing organizations could do significantly more to develop an in-house litigation capacity. d) The report recommends that CDBG jurisdictions find a way to integrate the San Jose office of Bay Area Legal Aid into its long-term funding structure. BALA has done outstanding work in fair housing services, fair housing litigation, and investigation of City of Cuperano 2002-2005 Consolidated Plan I~) . I~) ~_ Page 40 predatory lending problems in the County. 4. Develop new sources of fair housing funding - The report recommends that CDBG jurisdictions pursue two other sources of funding. The first of these is funding from HUD's Fair Housing Initiatives Program (FHIP), which distributes about $20 million in grants annually across the nation for the development of model fair housing programs. The second promising source of funding is litigation. If the fair housing network seeks attorney fees in successfully litigated cases, or contingent fees in settlements, this can provide a substantial and self- sustaining source of funding for continuing enforcement work. ~ 5. Establish proactive goals for the Fair Housing community aimed at steadily reducing fair housing problems - The report suggests that the CDBG jurisdictions develop specific, comprehensive goals for the fair housing : community. , ~ :::, 6. Measure forms of discrimination and deterrent impact of existing' enforcement activity -- report recommends that Program of systematic, randomized housing audits by instituted. Over ~mel this would generate a robust source of information on discriminati°~ i~els, variations across the County, including Cupertino, and trends over time,. 7. Better public education ~ The rep~ recommends that the Fair Housing Task Force take a lead role in deVelopin~'~'Ublic outreach'campaigns that have a countywide orientation and that jointly Pbbli~ize~the services of the various fair housing organizations. Such P~bliC ~ducation~efforts ought to reflect actual and unique conditions that exist in sa~{a Clara COunty. Some specific outreach strategies could inClUde: a) Worki~ with reporte~ in the local me~i~ to do "investigative" stories on important fair houSing problems (~ig:; banks with deficient lending records, apartment buildings with restrictive occupancy levels). .~ b) Giving short talks on fair housing issues at forums primarily devoted to other topics (e.g., chUrChes, labor Union meetings community organizations). Improving systamatiC information and communication with social serv ce agenc es in the region. Developing ~n integrated set of Public Service Announcements from all of the coordinated 'fair housing agencies, to be broadcast and published regularly through a coordinated agreement with local media outlets. 8. Negotiate more responsive behavior from problem banks -- Some financial institutions in Santa Clara County are pursuing underwriting standards or other practices that have the effect of denying credits to Blacks (and to a lesser extent, Hispanics) at a disproportionate rate. The Task Force might be an excellent vehicle to implement a strategy for improving bank performance. 9. Support investigation and litigation aimed at predatory lenders -- The flip City of Cupertino 2002-2005 Consolidated Plan Page 41 10. side of lower access to conventional loans by Hispanics and blacks in Santa Clara County is higher targeting at these groups by "predatory" or "subprime" lenders. A coalition of fair housing organizations has been working to assess the scope of regional predatory lending, which Iooal jurisdictions should support. Monitor compliance with protections for the disabled -- Currently, compliance with the fair housing laws concerning persons with disabilities is haphazard, though much good work is being done. The report~§~ggests that the Task Force be charged with developing a strategy for peri(~di~ll~onitoring individual cities for compliance. This would include the fo!lbWing: ~ a) Development of a census of group homes in Santa Clara Co~ty, and gOals for individual cities to encourage development of their "fair share". ~ b) eterm~nabon of whether ~nd~wdual c~ties are properly monitoring the constructio~ o~ multifamily housing to comply with requirements of fair hoUSing laws ~5 ~'r c) Meetings with land use officials from individuai cities to identify areas of existid~'iand use regulations that should be revised to come into conform!fy ~ith current standards. d) Training of land use officials on the fair housing a~ces~ibility requirements. City of Cupertino 2002-2005 Consolidated Plan 10 ~{0L~- Page 42 The City of Cupertino follows the monitoring requirements for the use of federal funds as directed by HUD. For example, the City is required to prepare Quarterly and Annual Reports for the use of CDBG funds, which will be submitted to the Housing Commission and the City Council to ensure there are appropriate internal "cross check" controls over the use of funds. Subrecipients are monitored for compliance with CDBG regulations and for success in carrying out the goals and objectives defined in their CDBG contract. Each year, program staff define priority areas for the monitoring program based on local and national trends and concerns. During site visits, the City spot checkS client files to confirm income eligibility and other guideline compliance, and ~eviews the agency's performance with respect to the services identified in the contract. Specific questions to be addressed include: · Is the project operating within the approved budget?: f ~ot why not? · Has there been an audit of the agency? If so, a b0~y is obtained and reviewed. If not, why not? · Where there is program income; what is the process fo~re~rting and using it? · Do accounting records ade~atg~y id6btify the use of CDBG funds? · Are accounting records supported~by source documentation for vendors (invoices, purchase orders, time sheets, coh'~ract~'~etc.)?:~;i · Can the agency dobum~nt use of funds through records such as payroll ledgers, cancelled chec~, recei'~!s ledgers, b~nk deposit tickets and bank statements, time sheets and ~ntracts foe ~e~ices? Is the information revie~bd b~a sit~ visit consistent with the records maintained by the agency an~ ~it~ ~ata previou~i~ provided to the City? What procedure d0'es the subrecipient use for procurement? Is it consistent with Circular ALi l0 (nonp~f~ts)~r A-102 (governmental entities)? ;~., Are the actua measurable accomplishments of the project to date proceeding ~ '~according to contract projections? If not why not? · IS ~he project pr~iding the full scope of sewices delineated in the contract? If not, whY~ot? · What a'~ th~number and percentage of Iow and moderate-income people sewed by the prOject? · How does the project prove that it sewes Iow and moderate-income people? · Does the project sewe minority populations? What is the method of outreach? · Is the project on schedule? If not, why not? · How does the agency evaluate the effectiveness of the project? City of Cupertino 2002-2005 Consolidated Plan I~..~- t 0 5 Page 43 · Does the project conform to any additional terms of the contract? Has any work on the project been subcontracted? · What effort was made to employ local residents and use local businesses and contractors? · Is the agency complying with equal opportunity requirements? · Is the agency complying with disability access and nondiscrimination requirements? i~i~ iii Subrecipients are reimbursed for expenses incurred on a quarterly basis ul~on submission of full documentation of all expenses. Reimburserh~nt~ are made only for line items contained in the budget of the contract between th~,agencY and: the City. The City additionally monitors its housing and communi'i~ develo'pment goals by reviewing the implementation of various strategies OUtlined in the Consolidated Plan to ensure the targeting of assistance to priority grouP~, as identified. The mo~itbring process also includes solicitation of input from the Housing Commission and the Steering Committee on the Consolidated Plan and the associated Performance Report. These entities advise the City Council on housing Pq!i~y matters. Each update of the Consolidated Plan is also subject to extensive public ~eview and comment, prior to submission to HUD. City of Cupertino 2002-2005 Consolidated Plan Page 44 TAg, LF_ 'lA Homeless and Special Needs Population Individuals Emergency Shelter 20 15 ,'-,5~ L Beds / Units Transitional Housing 15 11 , ,~' -4 L Permanent Housing 14 10 -~ ~4 L Total 49 26 -13 Job Training 24 3 -22 H Case Management 20 14 -6~, L Estimated Substance Abuse Treatment 8 0 -8 L Supportive Mental Health Care 35 0 -35 ,~ H.~ Services Housing Placement 29 ,,12 -17 %-1M Slots Life Skills Training 24 3 -21 H Other ~ Chronic Substance Abusers 7 1 -6 L Seriously Mentally III 7 0 -7 L Estimated Dually - Diagnosed I 0 -1 L Sub- Veterans 6 0 -6 L populations Persons with HIV/AIDS 1 0 -1 L Victims of Domestic Violence 27 1 -26 H Youth 3 1, -2 L Other Disabled Populations ' 6 : 0 -6 L Persons in Families with Children Emergency Shelter 31 23 -8 L Beds I Units Transitional Housing 15 14 -1 L Permanent Hohsing ~.,~:~ ' 12 8 -4 L :,~' Total ~ ~ 58 45 -13 ~.,' ' Job Trainings", r~::~ ~, ' 41 4 -37 H Case Management 31 23 -8 L Estimated Substance Abuse Treatment 12 5 -7 L SupPo~!~e ,~ Mental Health Care 21 2 -19 M serVi~e~ Housing Placement 28 22 -6 L Slots Life Skills Training 41 4 -37 H Other '~' Chronic Substance Abusers 10 0 -10 M !~?i~:, SeriOusly Mentally Ill 11 80 -3 L EStimated Dually - Diagnosed 1 0 -1 L Su ~ ~!~,, Veterans 9 0 -9 L popui~{ions Persons with HIV/AIDS 0 0 0 L Victims of Domestic Violence 9 1 -8 L ~ Youth 3 1 -2 L Other Note: these estimates are based on extrapolating data from the Countywide Continuum of Care Plan and may not exactly reflect the needs or inventory available to homeless persons in Cupertino. These figures were dedved by attributing a pro rata share of each category based on the pro rata share of population in Cupertino versus the total Countywide population. City of Cupertino 2002-2005 Consolidated Plan JO- J C)~'~ Page 45 TABLE lB Priority Needs of Special Needs Populations H 120 $6,000;000 40 Frail Elderly M 40 $2,000,000 16 Severe Mental Illness L 20 $11000,000 10 ' Developmentally Disabled Physically Disabled Persons w/Alcohol/Other Drug Addictions M M $2,250,000 $2,800,000 ~¥$1,55o,~o 10 27 45 56 31 0; 343 655 ~ L 10 Persons w/HIV/AIDS L $0 := 0~,, Other (homeless, victims of domestic violence) TOTAL $17,150,000 $32,750,000 L 15 228 City of Cupertino 2002-2005 Consolidated Plan Page 46 TABLE 2A Priority Needs Summary Table Renter Small Related 0-30% 64 95 51-80% 33 38 Large Related Senior Owner (BMR ownership unit Special Needs (Rotating shelter HOusing authority ~ numbers and ~upportfle[worK %~ ,~ ~ .... ~ Total Goals ~ 0-30% 31-50% 51-80% 0-30% -80% M 65 ~: 41 M 21 31-50%' :~ M 65 25 L 30 10 0-30%: L H M L H 31-50% 51-80% 0-30% 31-50% 104 64 56 343 51-80% 0-80% 0 0 25 3 40 115 518 518 ~?tal 215 Goals Total 215 Renter Goal~ ~ ~ 450 Total 215 Owner Goals~ ~ ~i 68 City of Cupertino 2002-2005 Consolidated Plan Page 47 TABLE 2B Community Development Needs 3UBLIC FACILITY NEEDS (projects) Sen[or Centers Handicapped Centers Homeless Facilities Youth Centers Child Care Centers L L M L ¸ 26 $6,500,00¢ M 37 $9,250,00¢ Health Facilities L Neighborhood Facilities L : Parks and/or Recreation Facilities M Parking Facilities $1,325,00(; Non-Residential Histodc Preservation Other Public Facility Needs ,NFRASTRUCTURE (projects) Water/Sewer Improvements Street Improvements L $25,00C $800,00C M $3,750,00(3 $750,00(3 Sidewalks M 30,000 $375,00(; $75,00(; M Solid Waste Disposal Improvements Flood Drain tmprovements Pedestrian/Bicycle Facilities $1,275,00(; $975,00(3 $5,975,00(; $875,00(] 35O Traffic Facilities PUBLIC SERVICE NEEDS (people) Senior Services Transportation Services $795,00(3 $595,00(; H $795,00(3 $21,867 Disabled Services * L Youth Services ~ L 32 $40,677 $10,00(3 Child Care Services [~ M 37 $55,50C L H L L L H M M Substance Abuse Services " Employment Training Health Services Lead Hazard Screening Cdme Awareness Domestic Violence Support Food, Clothing and Other Basic Needs ECONOMIC DEVELOPMENT 59 26 1,910 ED Assistance to For-Profits(businesses) ED.Technical Assistance(businesses) Micro-Enterprise Assistance(businesses) Rehab;:~u,blicly- or ~dvately-Owned Com merci~l/Industr~;;i (projects) C/I* Infrastructure Development (projects) Other C/I* fmprovements(projects) ~LANNING TOTAL ESTIMA TED DOLLARS NEEDED: Planning M $147,50(; $11,70(; $47,75(3 $750,00C $30,893,127 L L L L M $10,80a $10,00(; $5,90(; $8,333 $50,00C $4,411,90~ City of Cupertino 2002-2005 Consolidated Plan Page 48 DEVELOPMENT OF THE CONSOLIDATED PLAN: OVERVIEW Time Frame -Cupertino's first Consolidated Plan is effective from 2003 to 2005, in order to be consistent with yet-to-be-released special Census tabulations. Once these tabulations are available, Cupertino will revise its Five-Year Plan based on any new demographic data, as warranted. After the year 2005, the Consolidated Plan will be revised every five years. Lead Agency -Cupertino's Department of Planning, Building and ~?i' n~%gcoordinates the overall completion of the Consolidated Plan, with the support~other ~epartments, s ch as Parks and Recreation and Enwronmental Services. ~lt~a~so coordinates input from the public and the City Council and schedules public h~rings ~'hd commun ty meetings. ~?~ ~ art~c~pant Agencies - In addition to the Departm~pts liSted above, the coordinates the Consolidated Planning process wi~'l~ the following Santa ClaF~i~County · ~ agencies: ,~+~ Housing and Community Development '~'~. City of Gilroy · =~:~ . . . Department of Planning and Commumty Development ,~!~ty of M~unta~n Wew Department of Planning "C~itv of,~To Alto Division of Community Ci~o~'~anta Clara ci~'t~f Sunnyvale Department of Housing C~unty of Santa Clara Housing Authority of the County of ~ County of Santa Clara The agencies listed above meet on strategies for addressing housing the to share information and to provide HUD with information regarding issues (such as homelessness). Citizen process for the pro table highlights the citizen participation City a total of six hearings on the plan and the Hearings were noticed in local newspapers of general anizations and agencies were mailed invitations directly. into languages other than English to ensure the A summary of comments from the public hearings can be found in an appendix. 2002-2005 Consolidated Plan Page I Hearing on housing needs 3/13/03 Invitation to organizations and agencies. Notice posted at library, city hall and senior center, Focus groups on housing needs 3/17/03 Invitation to organizations and agencies. Notice posted at 3/18/03 library, city hall and senior center. Published Notice 4/29/03 Notice Releasing Document for Comment Hearing on Use of Funds (Housing 4/10/03 Public Notice published in Cupertino Courier. Notice posted Commission) at library, city hall and senior center ~'.~;~ Headng on Use of Funds (City 5/5/03 Public Notice published in Cupe~(~ Co~i~r. Notice posted Council) ~ at I brary, c~ty hall and semor center. Hearing on Consolidated Plan (City 5/19/03 Pubhc Notme pubhshed ~r~ Cuper'tin~Couder. Notice posted Council) at library, city hall and s~i~)r cente~:.~ Headng on Consolidated Plan 6/13/03 ubhc Norms pubhshed ~n Cupertino Couner. Not,ce posted (Housing Commission) ' ' ~ "~-' at hbrary c~ty ha and semor center Headng on Consolidated Plan (City 6/16/03 Pub c Nobce oubhs~ed ~n Cupertino Couner Notice posted at hbrary ci~all and senior center. Council) ' ~ ' ~ ' City of Cupertino 2002-2005 Consolidated Plan Page 2 A9 noted above, the City i9 an adive participant in the Countywide Con'~inuum of Care (CofC) Plan. As part of this effort, the Plan provides extensive Countywide information on homeless demographics and needs. The following summarizes the data on homelessness from that report: · 65% of those homeless surveyed in 1999 were male · 36% were Hispanic, 35% were Caucasian, and 18% were African American · 36% were under the age of 18, while 2% were over 65 · single, unattached adults make up about 60% of the homeless populati~ · of the homeless families with children, 66% are headed by a singl~ ~ott~'~ · 28% of homeless persons are or have been substance abu,.sers · 10 Yo of those surveyed ~denbfied themselves as suffenng from a severe mental ili~ss : · 23% of the women indicated they had sufferance domestic violence · 34% stated they were homeless despite being employed · 81% had incomes less than $1,000 per month' · 41% had at least some college education Housing Needs of Seniors: In 1990, 12% of all househOlds.inCluded a member who was 65 years old or older. Of th~ ~hi~ households, 22-o,~vere owners and 78% were renters. By 2000, the numbe~of semor households ~ncreased to 21 Yo of all households. Countywide, the sen~o~populabon i~*~expected to ~ncrease by almost 90 between now and 2020, w~th the populabon of sen~ors over the age of 85 years expected to almost doub e ~n s~ze. These figures suggest there w~ll be an even greater demand for a rang? 5t'hb~sipg opportL~ities such as independent v ng fac t es, assisted housing or congregate care fac~hbes~ group homes, and other hwng arrangements;for sen~ors. ~ Housing Needs of PerSons w~th HIV/AIDS: According to a 2000 study of the gay, lesb!~n ~bisexual and {~ansgendered people 11% indicated they needed special HIV care~ '~997 survey of ~0meless health needs found the number of homeless people w~t~ HIV is increasing, sinc~ learning they had HIV/AIDS 36% of people with A DS ~:have been homeless. It ~s esbmated that anywhere between 4,000 and 10 000 peop e n the County are nfected wth HIV, ofwh ch 6% lye on the streets or ~n shelters, wh~le 14°~'iive with friend~ or in a relative's house. Housing N~eds of Persons w~th Disabilities: There are approximately 4,000 people in Cupertin~{t'~ a work disability, defined as a disability that interferes with a person's ability to work. From a housing perspective, there are several different housing needs of disabled persons, from those with developmental or mental disabilities, to those with physical disabilities. In Santa Clara County, the average range of SSI payments for 2000-2001 was approximately $600-700 per month - an amount that is insufficient for secudng affordable housing in the region. Lead Based Paint Hazards: In general, any unit built before 1978 may contain lead- based paint (LBP). The County Health Department generally uses 1950 as a cut-off City of Cupe~no 2002-2005 Consolidated P[an I~) ~ II 5 Page 7 date as the primary (though not definitive) indicator of potential LBP hazards, since by this time LBP was substantially regulated. Based on this definition, there are an estimated 500 units that have lead hazards. Lower-income families will likely occupy some percentage of these units, but there are no definitive data to estimate that number. Projected Housing Needs: The Association of Bay Area Governments' (ABAG) housing need projections represent Cupertino's share of what the Sta[~ believes the growth will be over the next five years. Cupertino's current share of~ ~Ousing need is 2,325 new units over the next several years. The following table b~:eaks t~se numbers down by income category. 378 188 City of Cuperlino 2002-2005 Consolidated Plan Page 8 HOUSING MARKET CONDITIONS Housing Units and Type: A substantial portion of Cupertino's housing stock was built after World War II and reflects its suburban, residential charecter. According to 2000 Census data, there 2-4 Units Multifamily (5 or More 71% 7% 22% are 18,682 housing units, of which 8 were mobilehomes. From 1990-2000, a total of 2,074 new units were added to Cupertino's housing stock~ This represents a production rate of approximately 200 units per year. Jobs-Housing Balance: Using Census data from 2000, there are aboUt 2.5 jobs per every household, making Cupertino a "job rich" commUhity. Thi~ ratio is important because as more jobs are created, there is greater demand on the existing h~USing stock in the community, which causes increases i~housing costs and Ionge~ommutes times. Substandard Units: There is not a significant number ;3f h~Using units needing repair or replacement in Cupertino; at most, 6% of the units are substandard, or about 1,100 units. However, this figure would be the maximum in n~b~ of a~ kind of rehabilitation, including minor home repairs. ~.~ ~ Housing Costs: In Februar a single-family home in Cupertino was $768,000, a 001. The median pdce for a townhome was $479,000 in e rents have also declined; by February 2003, they had dro it, a decline of almost $750 per month, or 32%, since 2001 Despite )ical housing costs still far exceed the ability of very~-Io~nd ~ to afford housing. The following table illustrates the d ~c[Ji{~ ~r ous fam es of lower income have in finding housing that is affordable'to,~.!hem comp~r ng d fferent kinds of househo ds and the amount they should pay for h~us~ng to afford ~t compared w~th the actual amount Shaded areas .j[~i~cate those s~abons m ~ch the household would be overpaying for housing. Household on ~b(ed;Iricome (e.g., Social Security) of ~00~Month Extremely Low, Income (4 Persons) Very Low-Income (4 Persons) Low-Income (4 Persons) Moderate-Income (4 Persons) Above Moderate-Income (4 Persons) $700 $791 $1,319 $2,053 $2,638 $3,165 $1,604 $1,604 $2,585 $1,604 $2,585 ,144 Public Housing and Section 8---Although there is no conventional public housing in Cupertino, the Housing Authority does maintain a supply of Housing Choice Vouchers for residents in the City. In 2003, there are 64 tenants receiving vouchere, while City of Cupertino 2002-2005 Consolidated P,an l0 -II ~ Page 9 another five receive assistance through the Moderate Rehab program. The following table provides demographic information on this population. FAMILIES Eldedy and Disabled Eldedy but not disabled Not elded¥ and not disabled Not eldedy but disabled ETHNIClTY Hispanic 4 6% 17 25% 6 9% 42 61% 17 25%~, 52 ,75% 34 : 49% 13% 6% 32% Non-Hispanic RACE Caucasian American Indian/Alaskan Native 9 Asian , ~' 4 ~; Hawaiian/Pacific Islander ~i 22 Loss of Affordable Units: The only affordable housing'development at risk of converting to market rate is the Sunnyview develoP~entl whose federal subsidy contract will expire in May 31,2004. However, the d~elopment is considered at Iow risk for converting because it is owned by a non-profit org.aniza,tion, which has indicated that it will renew the assistance again in 2004. The City Wil! ~onitor the development and will initiate contact in late 2003 With the owner and HU~to ensure that the units remain affordable. ~, ~ '~ ~. > Fair Housing: Until this year, the Citygf~Cuperti~§ Consolidated Planning requirements were the [esp. onsibility o~'t~e County since Cupertino lacked sufficient populabon to quali~ as an entitlement junsd~c~bon. As part of the County s efforts it was required to~ ~plete a Countyw de ~9a ~s s of mpediments to Fair Hous ng Choice (Al) foc the umncorporated areas~s well as those junsd~ctions with fewer than 50 000 residbnts;;;~upertino s draft:Consolidated Plan incorporates the County s A by reference, and incl~d§S~n action ite~in the one-year plan to conduct its own independegt Al. '%~ii,, T~he City placeSa ~igh priodty on promoting and ensuring open and free cho ce in ~)us~ng for all persons. It is the C~ty s ~ntent to maintain a nondiscriminatory environment ~n all aspects of the pubhc and private housing market w~thm the C~ty, and to fbster comphance w~th the nondiscrimination prov s OhS of the Fair Housing Act Federa~regulation~require participating communities to certify that they are · ~ F~'r ..... affirmabve mg fair housing and conducting fair housing planning by: --) Conducting an analysis of the impediments to fair housing choice --) Taking appropriate actions to overcome the effects of any impediments identified through the analysis, and --) Maintaining appropriate records of the analysis and actions. The County's Al found that among the impediments that affect access to housing in the County, including Cupertino, are the following: City of Cupertino 2002-2005 Consolidated Plan Page 10 1. The lack of affordable housing (rental and sale) restricts people in their ability to purchase or rent housing. 2. The lack of available housing creates an inadequate pool of housing stock. 3. The price of land suitable for new housing, which is related to the scarcity of land. The lack of available local funding, especially for affordable housing, has been exacerbated by the lack of federal and state funding available for housing. ~':~" -' 6. The high cost to develop affordable housing, which has been found [o cost at least 20 to 30% more than equivalent market rate housing. 7. Occupancy restrictions in rental housing, especially when the property involved is a small apartment complex that is owned by people with only a modest amount of rental property, has shown to be a significant restraint. 8. Stigmas associated with affordable housing are often generated by fears that affordable housing will lower property values, bring crime to the neighborhood and result in a lowering of the quality of life for existing residents. 9. Federal caps on incomes limit the provision of housing assistance to those households earning 80 percent or less of median income for the area receiving the assistance (e.g. Santa Clara county). 10. Discrimination in housing continues to influence wno may find housing and who may not, especially in terms of families with children, who remain the largest single class affected by discrimination in the Urban County. A recent report, commissione~d by all of the jud~lictions in Santa Clara County, provides updated information on housing discrJminati6n in the~County, as well as an analysis of services provided by fair housing organizations. This report, released in early 2003, is also incorporated her~ by"reference. Ehtitled Fair Housing in Santa Clara County: An Assessment of Conditions ~nd Prograrnb*,~ gO00-2002, this report provides detailed information o~ th~ following,~[opics, among o~*~thers: Demographic Setting andR~ciarTrends in Santa Clara County Fair Lending in Santa Clara County: an Analysis of Home Mortgage Data ~.2,'~ Fair Housing Experiences and Perceptions: A Survey of Santa Clara County Residents Fair Housing Services in Santa Clara County Santa Clara C0~nty Lar~ Use and Zoning Issues Among the conclu~i~)ns~._ of this report are the following main points: 1. Fair housing conditions in Santa Clara County are, as a general matter, very good; in some cases the~, ar~ outstanding. Although the report does identify important problems that should be addressed, Santa Clara County has a number of achievements: an exceptional level of racial integration in most parts of the County; an unusually strong and generally well-funded network of fair housing providers; a generally responsive and concerned group of officials working on land use, housing supply, and fair housing issues; and many signs of tolerance of diversity and support for fair housing across the general public community. Santa Clara County has two fundamental fair housing problems; one of them is "largely insoluble," but the second considered solvable. According to the report, the intractable problem is affordability. The region's economic transformation may have reached a plateau, but the County Ci~ of Cupe~ino 2002-2005ConsolidatedPlan l0 -li~' Page 11 will almost certainly continue to be an extraordinarily difficult place to create affordable housing for some time. The second problem highlighted by the report's authors is that fair housing programs are largely reactive rather than proactive. Although not unique to Santa Clara County, the study recommends that communities do much more. The report notes that no one who works on fair housing in Santa Clara County knows how widespread specific discriminatory practices are in the County, or where they might be concentrated. In addition, the report finds that there are virtually no fair housing services provided to anyone in the home purchase market, ~ven though it is very likely that discrimination and steering are at least as common in this market as in the rental market. Further in this ConPlan, a variety of recommended actions to address fair housing concerns are proposed. · City of Cupertino 2002-2005 Consolidated Plan t 0 ~ II ~ Page 12 INVI::NTOR¥ OF I:ACILITII:g AND gl::RVIOl:g FOR THI: NOMI;;LEg9, Pl;R9ON9 THREATENED WITH HOMELESSNESS, AND THOSE WITH SPECIAL NEEDS Both the CofC Plan and, to a lesser extent, the Housing Element, provide important information on the services, facilities and programs available to homeless people, at- risk families and individuals, as well as those with special needs. These include shelters, transitional housing programs, senior day care and support programs, domestic violence programs, and a host of other activities to serve ~e6ple with needs. Please refer to these important documents for more information. City of Cupertino Barriers to Affordable Housing -- The Housing Element provides detailed information on constraints - both governmental and nongovernmental - to the production, preservation and rehabilitation of housing, especially that which is affordable, and are incorporated here by reference. The Housing Element examines local ordinances and policies to determine whether, under current conditions, they are accomplishing their intended purpose or, in practice, constitute a barrier to the maintenance, improvement or development of housing for all income levels. Some of the areas reviewed included land use controls, local fees and exactions, processing standards, and similar activities. Nongovernmental constraints include a variety of factors that negatively impact "the maintenance, improvement, or development of housing for a!! i~come levels, including the availability of financing, the price of land, and the cost of construction." The potential list of all constraints on the development could be quite long, and might include information on national economic conditions and regional geologyi However, the Housing Element focuses on non-government~nstraints that the City ~ be able to positively impact. ~ The City has defined several actions to either eliminate or otherwise mitigate the effect of these constraints on the housing market. Relevant abtions are discussed in the Five- Year Strategy. City of Cupertino 2002-2005 Consolidated Plan Page 14 FIVE-YEAR STRATEGY Priority Analysis and Strategy Development -- The housing needs data indicate that some households have a difficult time paying for housing, or have a variety of housing problems, such as overcrowding. Other statistics point to the need for services, such as supportive housing, assistance with jobs, or mental health concerns. In previous years, the City of Cupertino funded community development programs through the County - as part of the Urban County's CDBG Progra~~ and !hrough the City's own local funds, primarily general fund monies. These funds have been used to address the City's lower-income residents' needs through Primarily the provision of services, rather than direct housing assistance. The following table illustrates how the City has, in the past, funded organizations w th various funding ~ources~ A encies Funded: Fiscal Year 2002-2003 Cupert no Commumty Services ~,~ ~ $54,000 · · : ;: ?i;$21,200 Cupertino Sen or Day Servmes Long Term Care Ombudsman ?',. $4,900 Outreach and Escort $10,800 Second Harvest Food Bank <':'~.,, $5,400 Support NetwOrk for Battered Women %~$~ ~00 ~ ~ $t~;2oo Senior ~dults L~al Service~ ~ $~ 0,793 Rotating Shelter~ ~.. ~ $25,000 $35,793 $50,000 $874 $50,874 GRAND TOTAL~ Fol City has reviewed the existing housing and homeless Q~ds ~. :, if any, changes should be made to its priorities for ~Qnding. As a juri~(~iction ~der the County's Urban County programs, the City was gul'~e.d in its decisi~-making process by the Countywide Consolidated Plan, which ider~}i~d the great~st need for activities directed at very Iow-income, small family and large f~i!y rente~and Iow-income, large family renters. For this ~'~ted Plan, the City has developed its pdodty system for assistance based on th'~ following three tables. City of Cupertino 2002-2005 Consolidated Plan Page 15 The first shows that of all households with some type of housing problem, lower-income small renter households (from 0% to 80% of median) account for the largest share of all households with housing problems - more than 30% of all households with problems. The second table sorted on households that a shows that while only a small number of lower-income households in the C overcrowded, th~ghest percentage s~ of overcr~vded households occurs amen renter hou.~ 31-50% 15.2% 0-30% 12.4% :~enters 51-80% 9.8% 3whets 0-30% 9.6% 7.1% 3wners ;mall HHs Renters Senior HHs :~enters Senior HHs Owners Small HHs Owners Senior HHs Owners Small HHs Renters Large HH Renters Large HH Renters Larcje HH Renters IS~hior HHs Owners ~:~lEarge HH~ Owners; Senior HFt{: Owners Larcje HH; IOwners ILarge HH 31-50% 0-30% 0-30% 61 ili~ 54 52 6.6% 6.2% 5.5% 31-50% 5.3% 31-50% 50 5.1% 0-30% 3.4% 3.3% 51-80% ~31-50% 51-80% 0-30% 51-80% 51-80% 31-50% TOTAL 31 3:2% 30 ,310% 18 1.8% 15 1.5% 11 1.1% 0 0.0% 984 Renters~"~ E~r~e HH 51-80% 32 23.0% Rentbrs La~' FIH 31-50% 31 22.3% Renters .a~e HH 0-30% 23 16.5% Renters Small HHs 31-50% 15 10.8% Renters Senior HHs 0-30% 13 9.4% Rente~ ;mall HHs 51-80% 9 6.5% )wners ~mall HHs 51-80% 7 5.0% :~nters ,~mall HHs 0-30% 6 4.3% )wners _arge HH 51-80% 3 2.2% Owners _arge HH 0-30% 0 0.0% )wners L.arge HH 31-50% 0 0.0% :3wners Senior HHs 0-30% 0 0.0% )wners Senior HHs 31-50% 0 0.0% )wners Senior HHs 51-80% 0 0.0% Renters Senior HHs 31-50% 0 0.0% Renters Senior HHs 51-80% 0 0.0% Owners Small HHs 0-30% 0 0.0% Owners Small HHs 31-50% 0 0.0% TOTAL 139 City of Cupertino 2002-2005 Consolidated Plan Page 16 The last table, which shows the number of households paying over 50% of income on housing costs, confirms that lower-income renters tend to have a more difficult time with cost burden than owners. In addition, very Iow-income senior households - both renters and owners - have cost burden. Interestingly, large households do not have the problem of overpayment that small households tend to have. Renters SmallHHs :~enters Small HHs Renters Senior HHs Owners Senior HHs Renters Owners Senior HHs SmallHHs Owners Small HHs Owners Senior HHs Renters Senior HHs Owners Small HHs Renters Small HHs Renters Renters Owners Owners Owners Renters Owners La~eHH La~eHH~ Ea~eHH La~eHH La~eHH La~eHH,~, SeniorHHs 0-30% 115 17.6% 31-50% 115 17.6% 31-50% 65 10.0% 0-30% 59 9.0% 0-30% ,52 8.0% 51-80% 48 7.4% 0-30% 38 ' 5.8% 31 '50% 32 4.9% [ 51-80% 30 4.6% [31-50% 29 4.4% I 51-80% 24 3.7% 0-30% 18 2.8% 31-50% 12 '~ f.8% 51-80% 8 1.2 Ye 0-30% 7 ~ 1.1% 31-50% 0 0.0% 51-80% 0 0.0% 51-80% 0 0.0% TOTAL 652 Based on the analyses shown ab9~ve, and in conjunction'~ith tl~e needs assessment HUD Table 2a: L~sbng of Pno~tyNeeds~on the next page~shows the rank rigs of the various need categories by pflbrity, based on avadable da~a. The City intends to be guided by th~s pnonty system ~n allocabng !ts resources however ~nsuffic~ent funding, compebng pnonbes, and staffing cap~ty may preclude following the pnonty system at all times. Further it must Be stressed ~h~:~ althoug~ a particular type of housing or service may not receive th~ghest pnonty the C~ty wdl sbll consider such apphcat~ons for funding because~ the need for all types of~ assistance to Iower-~ncome famd~es and individuals i~great. ~? Housing Goals and Objectives -- The City has established several go~ls, policie§"~nd implementation plans towards addressing the housing and c~mmunlty ~e!opmen~e!ated needs of ~ts c~t~zens. Based pnmarily on the Housing Element, these goals and pohces ~nclude the following: ~.~,L A AN ADEQUATE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS Poli~?~. _. .~...Su~C?ent Residentially Zoned land for New Construction Need. DeSig~at~¢ Sufficient residentially zoned land at appropriate densities to prow~e adequate s~tes that wtll meet and exceed ABAG s estimate of Cupertino's new construction need of 2,325 units for 2001-2006. The following objectives meet that need. Units Affordable to Very Low Income: Units Affordable to Low Income: Units Affordable to Moderate Income: Units Affordable to Above Moderate Income: 378 units 188 units 626 units 1,133 units 2001-2006 TOTAL 2,325 Units city of Cupertino 2002-2005 Consolidated Plan lO - I ~.~ Page 17 Additional units are allowed for the remainder of the planning period. Affordable units for the remainder of the planning period will be achieved through the Below Market Rate program. Planning Period TOTAL 2,290 4,615 Units Implementation Proqram 1: Housing Units by Planning District. Encourage residential development in the following Planning districts, as provided below. Residential development in these planning d~stncts ~ncludes m~xed-use multl-u~o~t res!denbal and single-family residential at a density of 15-35 + units per acre. Ade~quate infrastructure is currently available to all districts. Implementation Program 2: Land Use Designations. In order to allo~{0r the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a ch~ange in land use desi~nat!0n Or zoning. The City will change land use designations/Z°ning't° reflect the den§i~ty'~anges necessary to implement Program 1. '' implementation Program 3: Residential Pote~tial Outsid~ ~f Planning Districts. Include the existing inventory of residentially zoned parcelS with residential potential that are outside of the planning districts in addressing the Region~al Housing Need. · . . . Implementation Program 4: Second Dwelhng Umt Ordinance; Assure that the Second Dwelling Unit Ordinance to en>C'0'h~ge th~ ~)roduction of rffb"~'e second units on residential parcels. GOAL B CUPERTINO HOUSEHOLDS Policy 3-2: work in C~upertino ~r housin~ ~nits priority to households who live or through the plan or affordable Implementation Program 5: Housing Mitigation Plan - Office and Industrial Mitigation. The Cit~ ~iil'Continue t0 implement the "Office and Industrial Mitigation" fee program. ~h~ program r~qu~res that developers of office and ~ndustnal space pay a fee, which ~will then be used to support affordable housing for families who work in Cupertino but ~'i~e.elsewhere. The{e fee~ are collected and then deposited in the City's Affordable Hm~i~,nF~hdi~hT~(~CsitaYreW~la~:cO~ad~eCdt ~sns~ilPldaapt~rdo~a~eUS' study to determine whether the Implementation Proqram 6: Housing Mitigation Plan: Residential Mitigation. The City will continu~"t~) implement the "Housing Mitigation" program. This program applies to all new residential development of one unit or grater. Mitigation includes either the payment of an in-lieu fee or the provision of a Below Market Rate (BMR) unit or units. Projects of 10 or more units must provide on-site BMR units. Projects of 9 units or less can either build a unit or paying-lieu fee. Implementation of the program shall include: City of Cupertino 2002-2005 Consolidated Plan Page 18 a) priority for occupancy to households who reside, work, attend school or have fam~¥ in Cupertino; b) additional priority for households with wage earners who provide a public service; specifically, employees of the City, local school district and public safety agencies; c) utilize City's Affordable Rent Schedule as a guideline in setting rents for new affordable housing; d) update the rent schedule each year as new income guidelines are received and determine a uniform method for allowing rent adjustments for affordable housing; e) allow developers to meet all or a portion of their BMR requirement by ~aking land available for the City or a non-profit housing developer to construc['~ffordable housing; f) require BMR umts to remain affordable for a m~n~mum of 99 year,rs; g) enforce the City's first right of refusal for BMR units, and requi~ 15% BMR units mp ementation Program 7: Affordable Housinq Fund. The ~ity's Affordable Housing Fund provides financ a assistance to affordable housing developments?Requests for Proposals" (RFPs) will be solicited from interested parties to de~,elop affordable units with housing funds. Affordable housing funds will ~ ~xpended in the followi~ manner (ranked in order of priority): a) Finance affordable housing projects in Cupertino. ~;~y b) Establish a down payment assistance Pian ~at may b~ used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of Iow interest loans and not grants. c) Establish a rental subsidy program to affordable. Policy of diverse housing stock that , smaller, moderate Emphasize the provision of housing for lower and also, households with wage earners who (~.g. school district employees, municipal and ~ublic etc.) Implementat on Program 8' Mortqage gram. Participate in the countywide M6rt'gage Credi~ertifi~ate,(i~l~CC) Program. This program allocates mortgage credit C~¥tiflcat~'~"to ~[-~fi~b~homebuyers to purchase housing. Due to the high cost of housing un,ts in Cupertino, it is estimated that most of the County's MCCs will ~e'~b~d: in the Cit~6f,~San Jose, where there are more Iow cost housing units avaii~ble for s~aie. =~ ii~lementat,on Pr~ram 9!= Move-In for Less Program. The Tri-County Apartment A~§Sciation is managing this program, which recognizes the high cost of secudng rental houS"[~g,~The program is geared to classroom teachers in public or pdvate schools who meet inE~me cdtei~. Apartment owners/managers who agree to participate in the program reqH![e no more than 20% of the monthly rent as a security deposit from qualified te~ers. Implementation Program 10: Surplus Property for Housing. In conjunction with local public agencies, school districts and churches, the City will develop a list of surplus property or underutilized property that have the potential for residential development, compatible with surrounding densities. Additionally, long-term land leases of property from churches, school districts corporations for construction of affordable units shall be encouraged. Further, the feasibility of developing special housing for teachers or other City of Cupertino 2002-2005 Consolidated Plan I(,~ -I ~-~ Page 19 employee groups on the surplus properties will be evaluated. Teacher-assisted housing programs in neighboring districts, such as Santa Clara United School district, will be reviewed for applicability in Cupertino. Implementation Program 11: Jobs/Housing Balance Proqram. Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the City will evaluate the impact of any application that will produce additional jobs in the community. The put, se of the evaluation is to describe the impacts of the new jobs on the City'~..rh,.~i~l stock, especia!ly in relation to the jobs/housing ratio in the City. In 20(~li~i~BAG'S ~stimate of the City s job/housing ratio was 2.4 jobs to every household. TE~ ~a! is to reduce this ratio during the time frame of the Housing Element (2001-2006). Furthg~r, the City will evaluate the feasibility of developing a policy and/or program'~that conditi0r~s approval of job producing activities to housing productions. Policy 3-4: Housing Rehabilitation. Pursue a~d/or provide construction or rehabilitation of housi~ that is ~ low, Iow and moderate-~ncome households,=Actively support and assist non.profit and for profit developers in producing ~ffordabl~ ~units. Implementation Program 12: Affordable Housin.q nformat on and Support. The City will provide information, resources ~d su@port to developer~ ~ho Can produce affordable housing. Information will be u~?~:~e~g~.lar basis in~ard to available funding sources and be distributed to ~Ail in~erested d~ve~op, ers. In addition, informat on regarding additional City incentives~ch aS,~e ~e-~hsit~ Bonus Program (see program #14) will also be provided and update~,gg,~regul~'asis Further, the C'ty w' 'nvo ve the publ'c from the beginning of an aff~)i"d~'""able housing application so that there are fewer objections to ~h~ proj~ct as it goe~thoueh the City approval process. Policy 3-5: ~;Iopme~o. rd sing. Maintain and/or adopt appro~pria~e land ~ i'~g~lat~ns and other development tools to encourage the development of affordable housing. Make every reasonable effort to disperse units throughout the community but not at the exoense of underm~mng the fundamental goal of providing affordable units. ~/mplementation program 13: Density Bonus Program. The City's Density Bonus Pr6~ram provides for a density bonus and additional concessions for development of 6 or more umts that ~rowde affordable housing for families and sen~ors. Included ~n the ~an t ~ks~'~anSilaeanp~pii~! I ~°eofdumsU in~idc°<:~~ zaS~id~a ~! ilt~own !~~hange household i~come for very Iow and Iow-income households. Implementation Program 14: Regulatory Incentives. The City will continue to waive park dedication and construction tax fees for all affordable units. Parking standards will also be discounted for affordable developments. For mixed-use and higher density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulation Ordinance of the Cupertino Municipal Code, if City of Cupertino 2002-2005 Consolidated Plan Page 20 the applicant can provide a study supporting the deviation. Further, the City continue to efficiently process all development applications. Implementation Program 15: Residential and Mixed Use Opportunities In or Near Employment Centers. The City will encourage mixed-use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing residential development abOve existing parking areas. In specific, these areas would be near or adjacent to employment centers and could provide additional opportunities for housing. Policy 3-6: Tax Increment Funds. Use a minimum of 25% of tax increment funds generated from the Redevelopment Project Area for housing activities that create affordable housing for lower and moderate.inCome households. Set aside 5% of the 25% for extremely Iow-ind~me housing. Implementation Pro,qram 16: Redevelopment HOusin,q Set Aside Fund. Th~ City has established a Redevelopment Project Area, from which tax increments funds are collected. A minimum of 25% of tax increment funds W!II be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop ~01icies ~nd objectives for the use of those funds. All policies and objectives shall be de'~elo~ed to reflect the goals and objectives of the Housing E -n, Policy 3-7: Housing Densities. and rental housing unit densities, inci~d~n~g apartments and other high-density housing. ?~? ,.. Implementation Proqram 17:' Conversion¢of 6bmmercial Lands to Residential. Commercially designated !a~d may be c0~Sidered for conversion to residential uses where it doe~ n0(e minate'~isU~g o~'.¢btential neighborhood serv ng commerc a uses or contradict Heart ~f the City policies. Implementation Pro,qram 18: Residential Development Exceedinq Maximums. Allow re§idential developments tOe'~ceed planned density maximums if they meet a special ¢;=~mmunity social goal and the increase in density will not overburden neighborhood stre§ts or hurt neighborhood character. Implementat on Pro.qram 19 F ex b e Res dent a Standards A ow flex b e res dent a developmen[ standards in planned residential zoning districts, such as smaller lot sizes, lot widths, fl~ area ratios and setbacks, particularly for higher density and attached housing de~81opments. GOAL C ENHANCED RESIDENTIAL NEIGHBORHOODS Policy 3-8: Maintenance and Repair. Assist very Iow and Iow-income homeowners and rental property owners in maintaining and repairing their housing units. City of Cupe~ino 2002-2005ConsolidatedPlan l© -I~- Page 21 Implementation Program 20: Housing Rehabilitation. This program provides financial assistance to eligible very Iow and Iow-income homeowners to rehabilitate their housing units. The County of Santa Clara, Housing and Community Development (HCD), administers the program on behalf of the City of Cupertino. When the City becomes an Entitlement Community in 2002-2003, housing rehabilitation activities will continue to be funded. Implementation Program 21: Home Access Program. The Home Access Program provides assistance with minor home repairs and accessibility impr0~e~nts for lower- income, disable households. Economic and Social Opportunities (ESO) administers the program under a contract with the County of Santa Clara. Implementation Program 22: Weatherization Program. This Crogram a~ists very Iow- income homeowners with weatherization improvements to their homes. E~0nomic and Social Opportunities (ESO) administers the progra:m in C~Pertino and other"~e~a~ of the County. Implementation Program 23: Apartment Acquisition and Rehabilitation. The County of Santa Clara administers Home and CDBG funds oh behalf Of the members of the Urban County and HOME Consortium. The City of Cupertino participates in both the Urban County and Consortium activities. Funds are available o~ a competitive basis to developers to acquire and rehabilitate rental units for ve~lo~ ~nd Iow-income households. When the C ty beC°rneS"~ ent t~lement com~b~ity in 2002-2003 the City will continue to include the availability of HOME and CDBG fund for apartment acquisition and/or rehabilitation. ~ ~ Policy 3-9: Conservation of Housing Stock. Conserve the existing stock of owner and rental h~Si~ units, whi~h p[~vide affordable housing opportunities for Iow~ ~nd mode~'ate-income~hb~seholds Implementa'~6n Pi~ogram 2~ P~s~rvati~3n of At Risk Units". The only affordable housing developmeht at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31,2004. However, th9 d~velop'm~t is considg[ed at Iow risk for converting because it is owned by a non- ~ profit organizatiOn~ which has indicated that it will renew the assistance again in 2004. ~ ~owever, the City ~ili monitor the development and will initiate contact in late 2003 with th~ owner and HUDto ensure that the un ts rema n affordab e. Implementation P~0gram 25: Condominium Conversions. The City's existing CondominiUm C0hversion Ordinance regulates the conversion of rental units in multi- family houSi~ri'g ~evelopment in order to preserve the rental housing stock. CondominiUm conversions are not allowed if the rental vacancy rate in Cupertino is less than 5% at the time of the application for conversion and has averaged 5% over the past six months. mp ementat on Program 26: Rental Hous ng Preservation Program. The City's existing multi-family rental units provide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: City of Cupertino 2002-2005 Consolidated Plan 1~) -} ~.~ Page 22 When a proposed developmen'~ or redevelopmen'~ of a si'm would cause a loss of multi- family rental housing, the City will grant approval only if at least two of the following three circumstances exist: The project will produce at least a 100% increase in the number of units currently on the site and will comply with the City's BMR Program, and/or The number of rental units to be provided on the site is at least equal to the number of existing renal units, and/or No less than 20% of the units will comply with the City's BMR Program. Further, the prese~ation pro,ram will include a requirement for a ten&~t relocation plan with provisions for relocation of tenants on site as much as possible: Implementation Proqram 27: Conse~ation and Maintenance OfAffO~dable Housinfl. Develop a pro,ram to encourage the maintenance and reh&b~litation 0f residential structures to prese~e the older, more affordable housing sto~k: ~:~ Implementation Program 28: Neiqhborhood and co~un~t~ Cleanup Campaigns. Continue to encourage and sponsor neighborhood and community clean up~ampaigns for both public and private propeAies. Policy 3-~0: Energy Conse~ation, Encourage energy C°nse~ation in all existing and new residential development. Implementation Program 29: Enerqy Consewation Oppo~nifi~s. The City will continue to enforce Title 24 requirements for ene~ .coqsewat on and will evaluate utilizing some of the other suggestions as identifie~, in the EnVironmental Resources/Susta nab ity element. ~: .,~,~ ? Implementation Proqram 30: Fee Waivers or Reduction for Energy Consewation. The City will evaluate t~ potential to waive 5~ reduce fees for energy consewation improvement~ td~esidenti~nits (existin~'~new). GOAL D SERVICES FOR SPECIAl NEEDS HOUSEHOLDS Policy:3: ~ ~: $~ecial Ne~ds ~useholds. Suppo~ organizations that Provide ~ se~i~s to special ne~d households in the Ci~: such as homeless, elderly, disabled a~'d~sin~le parent. Im~'iementation Pr6~ram 31: CupeAino Community Sewices (Homeless Sewices). Cup~ino CommUnity Se~ices (CCS) manages transitional housing and administers the "co~iinuum or'are" se~ices for homeless, including the rotating shelter program. In order to f~F ~.~tate any future emergency shelter needs, the City will revise the Zoning Ordinance tO allow permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Implementation Proqram 32: Project MATCH ('Senior Shared Housinq). Project MATCH places seniors in housing arrangement with other persons interested in shared housing. Project MATCH is funded with County of Santa Clara Urban County funds. City of Cupertino 2002-2005 Consolidated Plan I~) - I ~-fl Page 23 Implementation Proqram 33: Catholic ~oc~al ,.qervices (,.qinqle Parent~). Catholic ~qocJ~qJ Services provides help to place single parents in shared housing situations. The program in funded with Santa Clara County Urban County funds. GOAL E EQUAL ACCESS TO HOUSING OPPORTUNITIES Policy 3-12: Housing Discrimination. Support programs and orga, nizations that seek to eliminate housing discrimination. Implementation Proqram 34: Santa Clara County Fair Housing C~ortiu~ The Santa Clara County Fair Housing Consortium includes the Asian Law Alliance, Mid-Peninsula Citizens for Fair Housing, Project Sentinel and the Mental H~lth Adv~3cates Program. These organizations provide resources for Cupertino res de,ts=with ten~'nt/landlord rental mediation, housing discrimination and fair housin~ concerns. Admir~iStrative funding for these organizations is partially contributed by County of Santa ciera Urban County Funds. In addition, the City will actively pursue efforts to affirmative y further fair housing, including: 1. Conducting an analysis to identify impediments to fair hoUsing, choice within the jurisdiction. 2. Taking appropriate actiod~ tO ove~me the effects'~{ any impediments identified through the ana ys s. 3. Maintaining records reflecting the analys~s and acbons take in this regard. Homelessness a~gion .~ ,~ Care -- Although th, e, pr.ec!se nu..rnber of homeless indi~]~als an~amilies in C~p~tino is not known, anec.oo[al ?orma[~on =-nn~sts that t~[~ fioure is ~ite small - a.t most, 50 people on any gwen n~ght. The ~.'~t~v=t~ nro~i~te~fU~ndino'i~:~bast fo~ homeless services and a rotating shelter, and will continue to do so (s~ee ~mplementabon plans, above, as well as one-year action plnnninn fo OW no~ I~ addit on, several agencies that the City has funded provide ~':' ~;~,~ ~ i~,, ?" ~:~ . * assistance (oat-. ~sk popu aborts by prowdmg hotel/motel assistance,, rental/mortga, ge aSSistance, util~i~s assista~n'c~ transportat on, and food and clothing. There are a~so a ~ ~Umber of transitional bed~ available within Cupertino. R,~_~ hnmeles~ess is difficult to quantify, as homeless individuals and families ~ ~'~'~,~-p ac.~t~p ace a regional Continuum of Care Plan was estab, lished to ,-,,,,rdina~servi~s maximize funding and marshal the collective will or many jurisdict ons~rds addressing the needs. Cupertino has partlc,pated in th Continuum~'~ Care and will remain an active partner in this endeavor. Other Regional Strategies to Address Homelessness -- The Santa Clara County Collaborative on Housing and Homeless Issues was created in the mid-1990s to draw more funding for homeless shelters, services, and to create more affordable housing. The Collaborative includes over 120 shelter providers, service providers, advocates, City of Cupertino 2002-2005 Consolidated Plan Page 24 r'- F and nonprofit housing developers, united to find ways to increasing housing and service opportunities for homeless people. The Collaborative continues to promote the Continuum of Care as the format to end homelessness in Santa Clara County. In promoting the Continuum, the Collaborative has addressed outreach, emergency shelter, transitional housing, training and employment, supportive housing, and permanent affordable housing. Others with Special Needs -- Because the needs of persons with special needs often extends beyond the provision of housing alone, the City will continue to seek ways to assist this varied population. Seniors continue to be a priority for the City, as well as persons with disabilities. The City additionally supports efforts to: ~ - . .,~ Develop additional rental housing for very !6~-income households.~ Expand shared housing matching progCams to foCUs on assisting persons with special needs. Expand federal and State programs to meet the housing needs of persons with special needs. '-~:, Make the Section 8 program more sUCcessful for persons with special needs. Increase the awareness I, xservice needs of persons with special needs. o:o information among the various grou[ persons with special needs. -:~ Encourage projeb~s that provide linked services and services on-site. Nonhbusin~'"Co,m. mun~ Development Needs -- Nonhousing community development needs ~nclude pubhc service, ~nfrastructure, economic development and ~'cJther developmen~t needs in the community that have an important impact on the living c~ditions of residents. For example, although job training may not directly relate to hou~'i-hg, job trainin~ could allow an individual currently living below the poverty level the opport~h ty to fln~!~'~mployment that will help him or her afford a market rate apartment in today'~ ~0~ive hou, sing market. As HUD guidance states, the purpose of addressing~mmunity s non-housing needs, in addition to its housing needs is to help create~ore hvable, better functioning, and more attractive communities by integrating economic, physical, environmental, community, and human development programs in a comprehensive and coordinated fashion so that families and communities can work together and thdve. Table 2B describes the priodty level for a vadety of nonhousing needs and, where possible, assigns an estimated dollar amount to meet the need. This table takes in to City of Cupertino 2002-2005 Consolidated Plan account several funding sources, such as General Fund moneys, that are anticipated to be used to address these needs. Among the highest priorities for the City are services to address senior needs, support to survivors of domestic violence, and a host of infrastructure needs· Although a particular need may have received a "iow" ranking, it does not mean the need is unimportant to the City. Rather, in some cases a "low" designation signifies a particular need is addressed through the efforts of the County, such as lead hazard screening. Additionally, even those priority needs ranked "low" may receive funding from time to time, such as services for youth. Although in absolute numbers, ~uth se~ices needs may rank Iow, addressing the needs of youth is mportant to the City. With respect to economic development needs, the City does provide services to businesses but in the form of technical assistance r~ther than funding. Barriers to Affordable Housing and Strategies to Address Negative -- As previously described, the Housing Element provides details on the constraints to the development of housing, and affordable housin~ in. parti~blar. At the local level, the City has established incentives and waivers to hel~ off§et the cost of providing affordable housing (see implementation plans, above), and provides funding assistance for the development and preservation of affordable hoUSing. In addition, the City will continue its efforts to ensure that its z?ing designations allow for the broadest range of hous ng types at various incomeS,~ .~ ~%~ ~. ~ Lead-Based Paint Hazards - As n~)~d in~t~ n~d§~a~alysis, the number of units with potent al lead-based paint hazards is ~ro.~bly les~t~an 500. Lower-income househo ds will occupy so~e percent~ of these units, but how many is not known. In addition to working ~iti~·t~ County Heait~h Department to identify and assist any children with elg.?~ed bloo~iilead levels, ~ City will, as part of its efforts to address the rehabilitation n~eds of its b~sing stock, pi:~vide assistance to persons seeking to mit'gate lead ha~'~rds in Ant poverty Strategy - Poverty rates in Cupertino are significantly lower than in other areaS ~f the ~untry, and in California. Based on 2000 Census data, only about 4.8% ~o[t~e populatiori is living 1~16~ the federal poverty level. Although this figure is an ~,i~c~ease over the ~'rior deCade, it is still substantially lower than the poverty rates for the S{~te and nation ~ whole. Rates, 1990-2000: San Jos~, California and the Nation 1990 3.2% 9.2% 12.5% 12.8% 2000 4.8% 8.7% 14.2% 12.4% % Change I 50,4% -5.0% 13.5% -2.8% Although the City does not have direct control over the existence of poverty, it can have an important role in assisting residents in securing employment and gaining skills that City of Cupertino 2002-2005 Consolidated Plan Page 26 will help them to rise out of poverty. The (~i[y is an ac[ive partner with a variefy of jobs skills training programs, such as NOVA. NOVA (North Valley Job Training Consortium was formed in 1983 by a joint powers agreement among the six northern Santa Clara County cities of Cupertino, Los Altos, Mountain View, Palo Alto, Santa Clara, and Sunnyvale in response to Federal legislation, specifically the Job Training Partnership Act (JTPA). Currently, NOVA operates as an employment and training agency, administered by the City of Sunnyvale, but operated on behalf of a sev~en-city consortium composed of Sunnyvale, Santa Clara, Cupertino, Palo AltO; Mountain View, Los Altos, and Milpitas. .~:~' NOVA provides customer-focused services for individuals seeking retraining and reemployment, as well as for local businesses seeking profeSSional sOlutions for human resource issues. NOVA offers services for job seekers, businesses, and youth that include: : · Transition Planning and Ass stance.~. · Labor Market Research · Staffing Assistance · Job Training Programs · Job Search Counseling and Workshops A Career Resource Center ~ · A Business Service Center ~ · Resume/Job-Matching ~tabase ~ ~,~? Though the major ty of job sebkers served through NO~A are d~slocated workers, affected by the downs~zlng or closur~ of thg~r compa, n~es, NOVA also partners w~th many other organizations to provide ~[~stomlzed e~ployment and tra~mng solutions to populations with special needs, such aS homeless veterans, people with disabilities, welfare recipients~t~ ~nts, and older workers. NOVA is fund~J'primarily I~.grants fro~t~'e state and federal government, and by ioca~ industry Muitipl~ f~u~qding ~'~e'~'inclu~t~ the Workforce Investment Act (WlA), Defense Conversion Act, E~lo~ent Training'Panel, Stewart B. McKinney Homeless Assi~tgnce~ct, Wag~er-Peyser Act, and funds from pdvate corporations. By far the la[g~{'~er~;~¥~age of N~VA's $12 million annual budget has come from competitive ..g~:i~t proposals fanded th~6:(Jgh the U.S. Department of Labor and the State ~Employment Dev~l~3pmen[ Department. In a~l~lition, the NO~A Private Industry Council was established to guide the agency in its mis~¥~n to provi'~'e Iow cost and efficient job training and employment programs. The counc ~ a Dr~te/public partnership involving local government, business and industry la~'~?education and training systems, employment services, and community support organizations. The City of Sunnyvale agreed to adm nister NOVA. Since its formation in 1983, NOVA has averaged a 23% growth rate in both the number of individuals served and the resources available to serve them. In program year 1983- 84, NOVA served 2,009 individuals. By program year 1996-97, NOVA was serving over 9,500 individuals and had an operating budget of over $10 million. NOVA's continued growth is made possible by the organization's willingness and capacity to engage in City of Cupertino 2002-2005 Consolidated Ptan I(~ -I ~'~ Page 27 multi-agency partnerships, adapt services and technologies to meet customer needs, and successfully link employers with the candidates they need. Another job-training and skills program operates out of DeAnza and Foothill Colleges. The mission of the Occupational Training Institute (OTI) is to support economic growth in Silicon Valley by preparing individuals for career opportunities while concurrently providing employers with qualified employees. This program provides high quality emp oyment focused skills training within the Foothill-De Anza Community College District S nce 1975, OTI has prepared clients in a very short time fr~ to re-enter the workforce. :: OTI provides services to thousands of clients seeking employable job skills and job placement services. Many clients focus on certificate progranis at either the Foothill or the De Anza campuses However, OTI Training Advisors are skilled at designing:~ customized programs tailored to meet clients' specifi~ needs. OTI provides a~:~elbction of training programs that have been tailored to mb~ the local job market. To link job seekers with employers OTI provides a~cessible staff, placement expertise, and a thorough knowledge of our clients' skills. As part of the Foothill-De Anza Community College District, OTI works closely with all workforce education programs and is committed to responding to employer needs. OTI provides employment training at no cost for eligible individuals. If eligible, OTI will pay fdr c0ii~ge fees, books, and requ red c ass materials. All clients' c~mPle..t.!~g a training ~ri~ram through OTI receive job preparation classes designed t~addre~ j0b searc~ a'~d careers in the 1990's. Support servmes ~nclude referrals tochddca.~'e prowd~rs, transportation, financial a d, and tutorial services. Other services ~d~{~rrals a~'available on an as needed basis. A total of five familie~"~re Participating i~he ~elfare to Work Housing Program in Cupertino. During:the r three years in th~ p,.~gram have been case managed by the County Housip~ Authority t~ ensure their :~ccess in transitioning from Welfare into self- According to the MetrOPolitan Transportation Commission, transportation is a real barrier{for iS~ti~iduals making the move from welfare to work. It's not enough for cAiWORKS participants tO find jobs -- they must figure out how to get to those jobs. ~: That means they have to consider all their transportation options -- driving, buses, trains bicycles and So on -- even as they look for jobs. Social service staff members whO"assist them m~St also be aware of participants' transportation needs and options, as well :~is:,how t~pbtain information about these options. These resource guides, published by MTC, are intended for use by staff members at social service and community-based organizations who provide direct assistance to CalWORKS participants. These guides are not intended to replace schedules and route maps available from individual transit agencies. Their purpose is to give CalWORKS participants and their advisors a general idea of what kinds of options are available and how to get more information about them. They include an overview of all the transportation options available to CalWORKS City of Cupertino 2002-2005 Consolidated PLan Page 28 partlclpants in four core counties, as wel~ as instructions for How to get more detaile8 information by phone, in person, via the Internet and by mail. Aisc included is information about support for different options: subsidies for transit riders, Park & Ride lots for ridesharers and guaranteed ride home programs. Institutional Structure and Coordination - Key participants in the institutional truoture include the federal, State and local government; nonprofit and for-profit organizations; social service agencies; and several major financial institutions that provide valuable capital. The Continuum of Care Plan, the Housing Element, Fair Housing Reports, and other documents related to community development describe in detail how services are delivered and the interrelationship among various public and private entities. -::, In addition, the City of Cupertino is an active participant in the Countywide CDBG~;. Coordination Committee comprised of CDBG repr~s~entatiVes from each enfitl~e.~ent jurisdiction in Santa Clara County. This group jointly funds surveys and studiO'S (such as the homeless surveys and the recent fair housing study) works together to brainstorm new approaches to housing and community development concerns, and collectively implements a variety of regional planning measures intended to address issues of mutual concern. City of Cupertino Page 29 ONE-YEAR ACTION PLAN Summary of Funding --The City of Cupertino will receive a CDBG entitlement of approximately $474,000 for fiscal year 2003-04. This is Cupertino's first year as an entitlement jurisdiction receiving the CDBG grant directly from HUD. Of the $474,000, 20% or $94,800 can be used for administration, including fair housing ~ervices. Fifteen percent, or $71,100, may be used for public service activities. HUD regulations require that projects selected for funding benefit ~'ery ow and Iow- income households, eliminate a blighted area, or address an u~gent (emergency) community need. In addition, only certain types of activities qualifY under the CDBG regulations. Some examples of eligible activities are: removal of barrie~ to the hand capped, pub ic improvements public services affordable I~ousing pr0iect~, :: rehabilitation and property acquisition. ~: ~ Federal regulations do not allow more than 15%0f the grant (excluding administration) be used for public services. To determine thb ~bblic se~k;e cap, staff takes 15% of the total grant amount plus income earned during the previous year. For the 2003-04 fiscal year, the public service cap has been set at $71,100. Public service activities benefit very Iow and Iow-income households and includ~ activities such as childcare, placement services, senior legal s~ervices, etc. Other Funding Sources--The city,~f Cupe~!n0 a~? p~rowdes $102,200 ~n General Fund Human Service grants to six ~encies'~rovi~'i~' §ervices to Cupertino residents. These grants are administered by the ~it~ Manager'S Office. A list of the agencies awarded funds for 2002~03~may be fo~ on Page-1 of the Five-Year Strategy. In add t on to the Gepe~l FU~;d Human Se~ice,~Grants and the CDBG funds, the City of Cupert no als~ ubhzes $50 000 of the Be!?w Market Rate Program ~n-heu fees (Affordable H~Sipg Fund)ib fund ~e c0p~rtino Community Services (CCS) Affordable Placement Program. ~ RFP Process-- In March, staff distributed a notice of funding availability to apP~ matelY 30 organizations. Out of those organizations, ten proposals have been received. A brief de~scriptio~ Of each proposal along with the staff recommendation Cfollows. Publid Service Gr 1. ~,tating S~elter Program C~ertifi~' Community Services, Cupertino 2000-01 Grant: $25,000 2001-02 Grant: 2002-03 Grant: 2003-04 Request: Annual Goal: $25,000 $25,000 $25,000 Provide a maximum of 90 days shelter to 60 to 65 homeless persons per year in churches located in Cupertino, Saratoga and Sunnyvale. The program also provides counseling and City of Cupe.ino 2002-2005 Consolidated Plan Page 30 other support services to help stabilize the guest's long term housing situation. Description: A total of 11 churches and one synagogue in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 11 of which are "host" churches. Each of the "host" churches provides shelter for a 30-day period. These "host" churches have the responsibility of Providing the guest with meals, YMCA passes for showers~etc. CCS provides additional support to the shei[br gues~, including job counseling and assistance in finding transitional and permanent housing. The agency is requesting funds to primarily cover personnel costs for the program and to SuPplement their op~ratir~g budget. The program i~ also requesting $14 00~fr~m the city of Sunnyvale, $i8,480 fro~ the city of San ~se, and $8,500 from the cbUnty of sa~taClara. Total project cost is $144,178. Recommendation: $25,000 Cupertino Community Serv!~es has been very su(~essfUi in administering this program and it remains o~!gf ~h~ most successfu ~r~{~t ng she ter programs n the county. CCS has aPPlie~l to the~;iti~s of San J~e and Sunnyvale and has been successful at receiving~ounty, E~e~g%'nc~Shelter Grant funding. Staff recommends the City continu~ it~ d0~mitm~(to the Rotating Shelter Program. z. ~omprehen~ve A~Sistance program (CAP) Cupert~np Commumty Services; Cupertino 2003-04~equest ~$20 000 Annual Goal: ~Prov~de~support services to 1 350 Cupertino residents. ,,~Description: ~ Cupertino Community Services has provided support ~ ~ ~serv~ces to the West Valley s Iow and very-low ~ncome ~? % ~0~Seholds since 1973. Support services include a food ~ ~¢~ ( pantry, clothing closet and rental assistance. ~ecommen~fation: $8,333 Th~ agencyi~rovides necessary services to Cupertino residents. If more money wereavCdable for pubhc service act~wbes, staff would recommend fully funding this ~Ct. With limited resources, staff must take into consideration that CCS receives a significant amount of general fund money for the agency. Staff believes the CDBG public service funds must be used to fund a variety of services for seniors, battered women, etc. = Cupertino Senior Day Services Adult Day Care Sponsorships 2003-04 Request: $10,200 City of Cupertino 2002-2005 Consolidated Plan I 0 ~ I ~,~-~ Page 31 Annual Goal: Description: Provide "scholarships" to six Cupertino Iow-income seniors enabling them to receive adult day care at the facility. Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $10,200 As the Cupertino population ages, more seniors are in ne~d'of this ~aluable service. Cupertino does not have a large inventory o~f s~nior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to moving parents and older family members into an assisted living setting. Senior Adult Legal Assistance 2000-01 Grant: 2001-02 Grant: 2002-03 Grant: 2003-04 Request: Annual Goal: Description: Senior consumer co Recommendation: $~11,667 irs ago, $6,500 $6,500 $11,667 $11,667 Serve 65 Cupertino seniors.~?~ Set al Assistanc~(SALA) provides free legal ' Iow-income seniors at the Cupertino '~ provided are in the area of elder abuse, and simple irected staff to work with SALA to increase their ~:~r ~ckie Baddley, the city's Gedatdc Social Work Case Mana~'~[ h'~ stated that the increased grant has helped tremendously during the past few years and would like to encourage the city to continue ,~.i? ~nclin'~ the agen~ at the increased funding level. Staff supports continuing to fund the ~gency at the increased level. The Suooo~ Network for Battered Women ~omestic Vi61ence Services for Cupert,no Fam,hes 2q~,,3-04 R~uest: $5,900 Ar~uaL~al: Serve a total of 13 unduplicated Cupertino residents. Description: The Support Network operates Santa Clara County's only 24-hour, cdsis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $5,900 2002-2005 Consolidated Plan Page 32 The Suppor[ Network for ~attered Women provides a valual~le resource to Cupertino residents as well as law enforcement officers in the city, 6. Social Advocates for Youth School Based Case Management 2003-04 Request: $40,677 Annual Goal: Provide anger management services to 32 unduplicated Iow and very-low income Cupertino students. Descri pti on: Social Advocates for Youth (SAY) will provide case management and anger management services to Cupertino students at target schools. Recommendation: $10,000 ' -,~ , The program will provide a valuable service to the City of Cupertino schools. However, the applicant has not demonstrat~'d in the application the ne'6~l for this type of service or whether there are 32.unduplicated Iow and very-I(J~ income students that could benefit from the program,. Fo~the first year staff suggests granting less money and allowing the program to begin operation. The goals will be reduced to accommodate the lesser grant.-.'~'.~ 85% APPLICATIONS: Economic and Housing and Energy Services 2003-04 Request: $45,000 Annual Goal:,~.~Provide hom~e ~mprovement services to 20 Cupertino DescriPtion: , Economic an~Social Opportunities' Housing and Energy ' ~ ..... ~?Se~ ces: ~rogram assists Iow and ve~-Iow ~ncome ~:~;;,~ Cupedino residents with home maintenance and removal of ~¢~::~[? ~ .~ code violations. ~;~ Recommendation: ~45,000 ~ The progra~will p~ de a va uable se~ice to the City of Cupe~ino since the city '~ no longer has a rehab~htabon program. Many apphcat~ons for the current rehab ~program administered by the County of Santa Clara, are for small items such as gra~ bars and water heater replacements. Items such as these would be h~dled t~ough this program. City of Cupertino 2002-2005 Consolidated Plan I[~ "- 15q Page 33 ADMINISTRATION/FAIR HOUSING FUND: 8. Project Sentinel Fair Housing Services 2003-04 Request: $6,996 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (6 cases a y~ar). Description: Provide fair housing assistance to the ~ity of CbPertino, including conducting presentations, codnseling housing providers, and investigating allegations of discrimination. Recommendation: $0 ':~ The program w prov de a valuable service t° the City of Cuper[ino ~W~er Mid-Peninsula Citizens for Fair Housing ha~ been providing Cupertin~l~ fair housing services for many years. Staff. r~commends continuing to c(~ntract with Mid-Peninsula Citizens for Fair Housing? 9. Mid Peninsula Citizens for Fair Housing Fair Housing Services 2003-04 Request: $10,200 Annual Goal: Fair h~bSi~ e~uqation to the h0~ing industry, investigating all~ati~hs of diSSemination (6~;ases a year). Description: Provide f~i~ ~.~oasing as~sistance to the city of Cupertino, ~ ~?..~cluding c~'~ducting p~'esentations, counseling housing .... Providers a~in~stigating allegations of discrimination. Reco~ h~ndation ~::~ 1~0,200 The P~)g~m~ill ~i~i~=~aiu~ble service to the City of Cupertino. Mid- Peninsula Cifizen~ for Fair Housing has been providing Cupertino's fair housing ~services for ma~y years. Staff likes the consistency of having Mid-Peninsula ~;~?~ Citizen'S for Fair'H0us!ng continue the program. Staff would like to require that the a(]enC~ be requit&d to meet with local apartment managers annually to ~ revie~ fair'hOusing I~w and provide informational meeting for tenants on fair '~ousing. AFFORDABLE HOUSING FUND: 1. Affordable Housing Placement Program CupeYtino Community Services, Cupertino 2000-01 Grant: $30,000 (CDBG: $3,007; AHF: $26,993) 2001-02 Grant: $50,000 (CDBG: $5,167; AHF: $44,833) 2002-03 Grant: $50,000 (AHF: $50,000) 2003-04 Request: $65,000 City of Cupertino 2002-2005pageCOnsolidated34 Plan [~) ~ i L~[~ Annuat Goal: Provide p[acement and necessary support services to 75 households (225 individuals). Continue current services and expand the program to encompass the entire BMR program. Description: Cupertino Community Services has been responsible for the screening and placement services for ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list for qualified applicants and provide services to those piaced in the affordable units· The agency purchased a fourplex on Greenwood Court that serves as transitiOnal housing for the Rotating Shelter Program· Recommendation: $50,000 (AHF: $50,000)"~~ The agency has successfully performed the necessary task of screening and placement for Chateau Cupertino, City Center Apartments and compiling waiting lists for the below market rate program. Cupertin,o Community Services also continues to expand services beyond the scope spe?fied by the City. The city of Cupertino oversaw the Below Market Rate program and monitored the BMR rentals at Forge-Homestead and AviarY,Apartments. However, limited staff time made auditing theAviare and Forge-Homest~ad programs impossible· Last year's $10 000 funding !ncrease_enabled CCSto devote a full-bme employee to the program· Th~s employee Is responsible for auditing Aviare and Forge-Homestead ApartmentS~ as well as hanChng all BMR ownership resale requests. The staff person web d also assemb e procedura manua s for both the ownership and r¢~ntal programs3¢,These manuals wdl assist any new staff person taking ove~ ~he progr, am as well as document procedures. The fo owm~¢~ab e summanzes these p. roposed a ocabons. Summary: Proposed Allocations $84,600 ~ Rot~ng ~h~elter: $25,000 ~Cs - Comp?e~ensive Assistance Program $8,333 cd'i~ertino senior Day Services $10,200 Se~r Adults Legal Assistance $11,667 Su~ort Network for Battered Women $5,900 So~fal Advocates for Youth $10,000 E~nomic and Social Opportunities $45,000 %~, ~f~lSroject Sentinel $0 ~?? Mid-Peninsula Citizens for Fair Housing $10,200 ~ Unallocated (85% fund) $263,100 Sub-Total: $474,000 CCS- Affordable Placement Program $50,000 Sub-Total: $,50,000 TOTAL: ~ City of Cupertino Page 35 Housing Element Actions - In addition to these funding allocations, the following specific actions will be undertaken as part of the Housing Element process to address housing and community development issues during the one-year plan period. Implementat on Program 2: Land Use Designations In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation or zoning. The City will change land use designations/zoning to reflect the density ranges negessary to implement Program 1. Time Frame: 2003 Responsible Party: City of Cupertino, Planning Department Quantified Objective: North DeAnza District: Revise Zoning so that all 8.57 acres are zoned at a minimum'of 35 Units per acres Homestead District ReviSe' z°~ing of 4.1 acres t~ 50 ijnits per acre so that a total of 7i2 acres are zoned at 50 un,ts per acre. ~'~ ~' South DeAnza District = ReVise zoning so that 8.73 acres are zoned at a minimum bf 15 units per acre. Implementation Proc~ram 5: Hous ng Mitiqation Plan - Office and Industrial Mitigation The C ty w cont nue to impl?nent the "Office and I~a~s~rial Mitigation" fee program. This program req~ii~s"{hat~deyelopers of o~ and industrial space pay a fee, which will the~be d§~d to ~_~.~o~ a~ffo~,d,.,alJle housing for families who work in Cupertino but ve elsewhere. ~,§~ {~s~'re collected and then deoosited in the C ty's Affordabl~ Hod~i~ng Fun~The City will conduct an updated nexus ~udy to determm~ whether the manner ~n which fees are calculated is .~ili~i3~:0i3date. ~ Time Frame!,~ 2002-2003 Cor~dg~(~{updated nexus study Responsible Party: C~tY~of Cupertino; Planmng Department Implementation PrOgram 10: Surplus ~roperty for Housing In conjunction wi(~,10cal public agencies, school districts and churches, the City :~ili~dev~j~p a list ot'~Urp us property or underutilized property that have the ,~i~~ potent a fo~'i-e,,s dent a deve opment compatible with surrounding densities. G/~;:~ Additionally, I.o,,ng-term land leases of property from churches, school districts "'~corporations foEconstruction of affordable units shall be encouraged. Further, {h~,~feasibility g~developing special housing for teachers or other employee gr6up,~ on t~Surplus properties will be evaluated. Teacher-assisted housing progi:~s,,,ifi~eighboring districts, such as Santa Clara United School district, will be revi~,~ for applicability in Cupertino. Time Frame: 2002-2003: Develop list of surplus properties and evaluate feasibility of developing residential units on properties. Responsible Party: City of Cupertino, Planning Department Implementation Program 11: Jobs/Housing Balance Proqram Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the Cil~iiL[c~ 2-zs City of Cupertino i L~._ 2002-2005 Consolidated Plan [ [~) '- Page 36 evaluate the impact of any application that will produce additional jobs in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to the jobs/housing ratio in the City. In 2001, ABAG's estimate of the City's job/housing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of jo~ producing activities to housing productions. Time Frame: 2002-2003: Develop procedure to evaluate job:p~0ducing development proposals. Evaluate feas!bility of pOlicy and/or program that ties new job production to housing production Responsible Party: City of Cupertino, Planning Implementation Program 13: Density Bonus Program The City's Density Bonus Program provides for;a de~§ity bonus and additional concessions for development of 6 or more un,ts that prowde affordable.,.h5uslng for famd~es and sen~ors. Included in the ¢oBcess~ons are reduced parking standards, reduced open space requirements, reduCed setback requirements, and approval of mixed use zoning. The City Will ch~n'g~ the Ordinance definition of affordable unit to housing costs affordable at 30% of household income for very Iow and Iow-income households. Time Frame: 2003-2003 Change affordabilitY definition Responsible Party: City of C~p~rtiho~ ~lanning Depa~ent Implementation Program 15: Residential and Mi~ u§e Opportunities In or Near Employment Centers ~ The City will encourage mixed-us~velopm~nt and the use of shared parking facilities in or ne~:e~l~loyment ce~i.e, rs..In addition to the development opportunitig~ ~vailable through the ';~e~ of the City" Specific Plan, the City will evaluate t~ possibility ~f~ al!owing residential development above existing parking'~re~§: In speCifi~t~'~'se ar~as would be near or adjacent to employment centers and c~ld ~r°vide additi0~al opportunities for housing. ~i~e Frame: %~.2002 - 2003 Evaluate parking opportunity sites "'%. ~2002::~ 2003 Evaluate incentives that may be offered to .~ ~ en~cb[Jrage residential development in or near employment ~ centers. ~'~Responsible P~rty' City of Cupertino, Planning Department Implementation Rrbgram 16: Redevelopment Housing Set Aside Fund The City~a~stablished a Redevelopment Project Area from wh ch tax ~ncrements funds are collected. A m~n~mum of 25% of tax ~ncrement funds will be directed'to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element. Time Frame: 2002-2003 Develop policies and objectives for use of Housing Set-Aside Funds Responsible Party: City of Cupertino, Planning Department City of Cupertino 2002-2005 Consolidated P,an I~) -~U~ .~ Page 37 Implementation Program 24: Preservation of "At Risk Units" The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31, 2004. However, the development is considered at Iow risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. However, the City will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. Time Frame: 2003 Initiate contact with owner and HUD to dete~rmine status of subsidy renewal. Responsible Party: City of Cupertino, Planning Department. Quantified Objective: 100 units preserved as affordable housing. Implementation Program 26: Rental Housinq Preservatio~ Proqram The City's existing multi-family rental units pr0~ide housing opportunitieS~r households of varied income levels. The CitY will develop and adopt a ~rogram that includes the following guidelines: When a proposed development or redeVelopment ~:~ site would cause a loss of multi-family rental housing, the City will grant approval only if at least two of the following three circumstances exist: '~i~, · The project will produce .a.t !east a 100% increa~qn t~ number of units currently on the site an~W. iii~mp y w th the C ty ~BMR Program and/or · The number of rental umts to be prov!ded~.on the s~te ~s at least equal to the number of existing renal u~i!ts and/~5~ · No less than 20% of the umts wdl complY~w~th the City s BMR Program. Further, the preservation program ~iil include a requirement for a tenant relocation plan"~Vii~"~l~6visions for ~location of tenants on site as much as possible. ~.~' ~ ~me Frame: 2002-2003 D~sign Program Respon~ibl~Party: ,Cit~)~bf:~pertino Planning Department Implementation Proqr~'m 27 Conservation and Maintenance of Affordable Housing ¢~ Develop'a' program tO encourage the maintenance and rehabilitation of .,~ residential s[rUctures ~;~eserve the older, more affordable hous ng stock ~ Time Frame: :: 2003-2004 Design Program ~;~espons ble P~rty C ty of Cupert no, Planning Department Implementation Program 30 Fee Wa vers or Reduction for Enerqy Conservation The City ~!11 ~bvaluate the potential to waive or reduce fees for energy conservation improvements to residential units (existing or new). Time Frame: 2002-2003 Responsible Party: City of Cupertino, Planning Department Implementation Proqram 31: Cupertino Community Services (Homeless Services) Cupertino Community Services (CCS) manages transitional housing and administers the "Continuum of Care" services for homeless, including the rotating shelter program. In order to facilitate any future emergency shelter needs, the City of Cupertino 2002-2005 Consolidated Plan t(~_ )L~-L~ Page 38 City will revise the ~onlng Ordinance to a~ow permanent emergency holter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Funding Sources: County of Santa Clara Urban County funds and Federal funds. Time Frame: 2002-2003 Revise Zoning Ordinance to allow permanent emergency shelters in BQ zones. Responsible Party: Cupertino Community Services. Fair Housing Actions -Federal fair housing law requires local jUrisdictions to "affirmatively further fair housing" as follows: 1. Conduct an analysis to identify impediments to fair hob'sing choice within the j u risd i ctio n. ~ i~ ~ ~.. 2. Take appropriate actions to overcome the :~ of'~ny impediments ~denbfied through the analysis. ~. 3. Maintain records reflect ng the analysiS and actionS take in this regard. HUD interprets those broad objectives to mean: Analyze and eliminate housing discrimination in t~e ju[i~diction. Promote fair housing C~o~ce~or all pe[~ns. Provide oppo~unities for inclUSive p~erns o~ ~gusmg occupancy regardless of race, color, religion, sex, famiii~;.~s, dis~il~y and national origin. -:. Promote housing th~ ~s structurally accessible to, and usable by, all pemons, pa~culafly pemons w~th d~sab~ht~es. -;. Foste~,,cq~pliance ~th the nondiscrimination provisions of the Fair Housing Act. the~e o~ti~ECit~6f CQpeKino,~ w,II unde~ake the follow,ng actions- To meet many of which are ~m~iY incorporated from the Count~ide Al under which CupeAino has been a' paKicipan~r~ as pa~ of the One-Year Plan objectives: 1~.¢ Prepare t~ City of ~eKino's Analysis of Impediments to Fair Housing Choice, ~> · . . ; ~ , ~ , ~. ~dent~ng mp~edlments and developing concrete recommendations to address %~hese concede. 2. ~;Consider, , fu~ing,~ . a se~ice agency (or agencies)' whose specific' responsib~hty ~i1~ t~ pinwale public outreach sewices to foster awareness of and suppoK for fair ~0u~g law; to inform shelter seekem of their rights and remedies; and to pub cize the availab~hty of the se~ices within the City and the County. Activities will include aEendance at public functions and festivals, holding meetings for apaffment complex owners and managers, and conduct meetings with tenants. 3. Consider funding a se~ice agency (or agencies) whose specific responsibility will be to provide direct assistance to persons seeking to exercise their rights to equal access to housing, through information and refe~als, consultations, and case management. City of Cupertino 2002-2005 Consolidated Plan Page 39 4. Continue supporting the preservation of the existing housing stock and encourage the development of affordable housing whenever the opportunity exists. 5. To address the issue of a lack of sufficient funding to provide subsidized housing, the City supports the use of leveraged funds as much as possible in order to maximize the benefits of the funding. As noted in the needs section, a recent report, commissioned by all of thee jurisdictions in Santa Clara County, provides updated information on housing diSCrimination in the County, as well as an analysis of services provided by fair housing~°rganiZations. Incorporated by reference and entitled Fair Housing in Santa clara County: An Assessment of Conditions and Programs, 2000-2002, this report makes a series of recommendations to address Countywide fair housing concerns. AlthOUgh these recommendations have not yet been adopted by the various jurisdictions inthe County, the City of Cupertino supports these recommendations in ~oncept and will t~e ~ction dur ng the program year to ratify some or all of ~e~e, as appropriate. The¢~;;. recommendations are as follows: Establish a Fair Housing Collaborative Task Force -- The report recommends that a collaborative task force, ~eeting on a regular basis, be established to address systemic fair housing isSbes~, the collective goals set by funders for the fair housing co,mmunity, and to fos{~r~beffer information-sharing and familiarity with progra~'si' The~'~ask force coul~i~y a lead role in implementing the fair h~bsi~g prog~J~g~da ~f t~e combined Santa Clara County CDBG jurisdictions §~h as~t~ s~ifi~substantive recommendations out ned ~n th~s chapter. ~ .~¢~ ~ Continue th~ B~fits of Coordination at the Local Government Level - The report ~comme~nd.s that the e~!~ti~g CDBG Coordinators' group select repres~'~{~tives who~ill have a ~p~ial oversight responsibility for fair housing activities ~h..a coun~i~' basi~? One of the responsibilities of these coordinator~oui~"be the de~i~pment of criteda for conducting cost-benefit ·ana of fai'~: housing services across jurisdictions. Make Improvements ih'fair housing services and structure: a) The repo~recommends that all of the County jurisdictions contribute funding to the "specialty"fair housing efforts, and that the "oversight" exercised by Project Sentinel over the current~collaboration be shifted to the Fair Housing Task Force. monitors should annually retain an outside expert on testing and to conduct site visits at the primary fair housing providers and assess mvesbgabon and testing quality. Fair housing funders should use these e~ai~Jations in making programmatic and funding decisions. c) Most of the existing fair housing organizations have at least one attorney on staff; however, the report suggests that the fair housing organizations could do significantly more to develop an in-house litigation capacity. d) The report recommends that CDBG jurisdictions find a way to integrate the San Jose office of Bay Area Legal Aid into its Iong-tarm funding structure. BALA has done outstanding work in fair housing services, fair housing litigation, and investigation of City of Cupertino 2002-2005 Conso,idated Plan I~) ~ I L~ ¢ Page 40 predatory lending problems in the County. 4. Develop new sources of fair housing funding - The report recommends that CDBG jurisdictions pursue two other sources of funding. The first of these is funding from HUD's Fair Housing initiatives Program (FHIP), which distributes about $20 million in grants annually across the nation for the development of model fair housing programs. The second promising source of funding is litigation, If the fair housing network seeks attorney fees in suc~essfully litigated cases, or contingent fees in settlements this can provide a ~l~{~ntial and self- sustaining source of funding for continuing enforcement wOrk. 5. Establish proactive goals for the Fair Housing Community aimed at steadily reducing fair housing problems - The reP0rt suggests that the CDBG jurisdictions develop specific, comprehensive ggals for the fair housing community. ~,~ ~, 6. Measure forms of discrimination and deterrent impact of existin~~' enforcement activity -- report recommends that ~i'ogram of systematic, randomized housing audits by instituted. OVer ~ime'i this would generate a robust source of information on discriminati°~ i~,els, variations across the County, including Cupertino, and trends over ti~e. .. 7. Better public education ~The~report recommends;that the Fair Housing Task Force take a lead role in developing public outreac~ campaigns that have a countyw'de orientation and th~ jointly ~bbli[:ize the services of the various fair housing orgamzabons. Such publLc educat!qn efforts ought to reflect actual and unique conditions that exist in s~n{a Clara ~°unty. Some specific outreach strategies cobid¢i~iU~e: a) Workin~ with reporter§ in the local medi~ to do "investigative stories on important fair hou§ing problems (e.g;; banks wit~ d~ficient lending records, apartment buildings with restrictiv~bccu~an~y I~Veis)i ,~,~ b): Giving short talks on fair housing issues at forums primarily devoted to other topics (e.g., ~¢~ chbrC~s, labor dni~~ ~etings, community organizations). ~ c) Improving systematiC information and communication with social service agencies in the ~'~"~ region· ::i~ ~d) Developing"~n integrated set of Public Service Announcements from all of the coordinated ~ ~? fair housing agencies, to be broadcast and published regularly through a coordinated agreement with local media outlets. 8. Negotiate more responsive behavior from problem banks -- Some financial institutions in Santa Clara County are pursuing underwriting standards or other practices that have the effect of denying credits to Blacks (and to a lesser extent, Hispanics) at a disproportionate rate. The Task Force might be an excellent vehicle to implement a strategy for improving bank performance. 9. Support investigation and litigation aimed at predatory lenders -- The flip City of Cupertino 2002-2005 Consolidated Plan Page 41 side of lower access to conventional loans by Hispanics and blacks in Santa Clara County is higher targeting at these groups by "predatory" or "subprime" lenders. A coalition of fair housing organizations has been working to assess the scope of regional predatory lending, which local jurisdictions should support. 10. Monitor compliance with protections for the disabled -- Currently, compliance with the fair housing laws concerning persons with disabilities is haphazard, though much good work is being done. The repo~uggests that the Task Force be charged with developing a strategy for periodiC~ll~ ~onitoring individual cities for compliance. This would include the following: a) Development of a census of group homes in Santa Clara C°~iy, and'goals for individual c ties to encourage deve opment of the r "fa r share" b) Determination of whether individual cities are properly monitoring the constructi~)n O~ multifamily housing to comply with requirements of fair hou§ing laws. c) Meetings with land use officials from individU~i'~:ities to identify areas of existi~land use regulations that should be revised to come into conform ~ ~ith current standards. d) Training of land use officials on the fair housing a~ceSsibility requirements. City of Cupertino 2002-2005 Consolidated Planpage 42 MONITORIMO 9TAMDARD9 The City of Cupertino follows the monitoring requirements for the use of federal funds as directed by HUD. For example, the City is required to prepare Quarterly and Annual Reports for the use of CDBG funds, which will be submitted to the Housing Commission and the City Council to ensure there are appropriate internal "cross check" controls over the use of funds. Subrecipients are monitored for compliance with CDBG regulations and for success in carrying out the goals and objectives defined in their CDBG contract. Each year, program staff define priority areas for the monitoring program based 0n local and national trends and concerns. During site visits, the City spot checks Client files to confirm income eligibility and other guideline compliance, and reviews the agency's performance with respect to the serv ces identified in the c~ntraCt. Specific questions to be addressed include: Is the project operat ng w thin the approvSd ~U~get? '!f.n~ot, why nOt? Has there been an audit of the agency? If so,; ~o~, is obtained and reviewed. If not, why not? Where there s program ncome what is the process f~ ?P'~rting and using it? Do accounting records adequately identify th~ use of CDBG funds? Are accounting records support~,by s~?*¢~'d,~"'~r~entation for vendors (invoices, purchase orders, time sheets co~(racts; etc.)?~; Can the agency document use of fSbds through records such as payroll ledgers, cancelled che~ck§, recei~s ledgers, b~k ..deposit tickets and bank statements, time sheets and c~ntracts for~ervices? ~.~¢ Is the information reviewed b~/a site visit consistent w~th the records maintained by the agency and ~ith'8~ta previoU~¢Y provided to the City? What'~rocedure d°~s the subrecipient use for procurement? Is it consistent with Ji~'cular ALl '10 (nonp~fi~,,s.? ~r A-102 (governmental entities)? Are the actual measurable accomplishments of the project to date proceeding : ~?c.!!!in !i~llh~'~! !~ ~ii ga ihde~ IrlcTn~:i~'~:r ~di~g' t°.~i i ~.~nt r.a c.t project ions? If not, wh.y no t?.d~i: :iii~- i'~ ~ °P~t~a;I~ ifrvn~i '' . by the project? · How does the project prove that it serves Iow and moderate-income people? · Does the project serve minority populations? What is the method of outreach? · Is the project on schedule? If not, why not? · How does the agency evaluate the effectiveness of the project? City of Cupertino 2002°2005 Consolidated Plan Page 43 · Does the project conform to any additional terms of the contract? · Has any work on the project been subcontracted? · What effort was made to employ local residents and use local businesses and contractors? · Is the agency complying with equal opportunity requirements? · Is the agency complying with disability access and nondiscrimination requirements? Subrecipients are reimbursed for expenses incurred on a quarterly basis upon submission of full documentation of all expenses. Reimbursements are made only for line items contained in the budget of the contract between tl~ agenc~ and the City. The City additionally monitors its housing and communi{~ devei~'pment g~is by reviewing the implementation of various strategies °Utlin~d in the Consolida'~ed ~lan to ensure the targeting of assistance to priority grouPS as identified. The moq!tOnng process also includes solicitation of input from the Housing Commission an;d the Steering Committee on the Consolidated Pl~ff and the a~bciated Performance Report. These entities advise the City Council on housing pQli~ matters. Each update of the Consolidated Plan is also subject to extensive public review and comment, prior to submission to HUD. City of Cupertino 2002-2005 Consolidated Plan TABLE lA Homeless and Special Needs Population Individuals Eme~ency Shelter 20 15 ,~' -5: L Beds / Units Transitional Housing 15 11 ~ -4 ~,,, L Permanent Housing 14 10 -4 L Total 49 26 ~ ' -13 Job Training 24 3 -22 H Case Management 20 14 -6~'~ L Estimated Substance Abuse Treatment 8 0 -8 L Supportive Mental Health Care 35 0 -35 ' ~ H~' Services Housing Placement 29 ,~12 -17 Slots Life Skills Training 24 3 -21 ',~, H Other Chronic Substance Abusers - ~ 7 1 -6 L Seriously Mentally III '7 ,'-, 0 -7 L Esfi mated Dually - Diagnosed I 0 -1 L Sub- Veterans 6 0 -6 L populations Persons with HIV/AIDS 1 0 -1 L Victims of Domestic Violence 27 1 -26 H Youth 3 I -2 L Other Disabled Populations ~ 6 ~0 -6 L Persons in Families with Children EmergenCy Shelter ''r 31 23 '8 L Beds I Units Transitional Housing ~A 15 14 -1 L permanent Ho~sing ~ ~ / 12 8 -4 L .~ Total ~'~ .¢,',/' 58 45 -13 ~ Job Training -' ~ ...... ~ '" 41 4 -37 H Case Management ~-~' '~ 31 23 -8 L Estimated Substance Abuse Treatment 12 5 -7 L Suppq~iy~ ,.~ Mental Health Care 21 2 -19 M s~iC~"~'~:'~? Housing Placement 28 22 -6 L Slots Life Skills Training 41 4 -37 H Other '~t Chronic Substance Abusers 10 0 -10 M · Seriously Mentally III 11 80 -3 L Imated DUally - Diagnosed 1 0 -1 L Sub?~ Veterans 9 0 -9 L populations Persons with HIV/AIDS 0 0 0 L Victims of Domestic Violence 9 1 -8 L Youth 3 I -2 L ~' Other Note: these estimates are based on extrapolating data from the Countywide Continuum of Care Plan and may not exactly reflect the needs or inventory available [o homeless persons in Cupertino. These figures were dedved by attributing a pro rata share of each category based on the pro rata share of population in Cupertino versus the total Countywide population. City of Cupertino 2002-2005 Consolidated Plan TABLE 1 B Priority Needs of Special Needs Populations ~ Disabled Persons w/Alcohol/Other Drug Addictions Persons w/HIV/AIDS Other (homeless, victims of domestic violence) TOTAL H 40 M 16 L 10 M 10 M 27 L 10 L $0 L 343 $17,150,000 655~ $32,750,000 228 City of Cupertino 2002-2005 Consolidated Plan Page 46 TABLE 2A Priority Needs Summary Table Renter Small Related Large Related Senior Owner (BMR ownership units)~ ~ Special Needs (Rotating shelter, Housing authority~~ numbers and Support Network,~ Total Goals 0-30% 31-50% 51-80% ; 0-30% 31-50% I 5~-8OO/o 0-30% 51-80% 0-30% H 121 H L 33 0-30% M 41 31-50% M 43 41 51-80% L 32 M 65 M 65 L 30 L i 0 0 31-50% 0 0 L 0 0 H 104 25 3;I -50% M 64 3 51-8O% L 56 4O H 343 0-80% 64 95 38 3 21 25 10 115 518 ~tal 215 Goals Total~215 Renter GoalS~ 518 Total 2~Owner Goal~ 450 68 City of Cupertino 2002-2005 Consolidated Plan Page 47 TABLE 2B Community Development Needs ~'UBLIC FACILITY NEEDS (projects) Senior Centers Handicapped Centers Homeless Facilities L L M Youth Centers L Child Care Centers M - 37 Health Facilities L Neighborhood Facilities L Parks and/or Recreation Facilities M Parking Facilities Non-Residential Historic Preservation Other Public Facility Needs iNFRASTRUCTURE (projects) Water/Sewer Improvements Street Improvements Sidewalks Solid Waste Disposal Improvements Flood Drain Improvements Pedestrian/Bicycle Facilities L L M M L M Traffic Facilities '~' ;': PUBLIC SERVICE NEEDS (people) 30,000 LF Senior Services Disabled Services ";',:: ~ L Youth Services L 32 M M 35O 37 Child Care Services Transportation Services Substance Abuse Services Employment Training Health Services Lead Hazard Screening Cdme Awareness Domestic Violence Support ' FOod, Clothing and Other Basic Needs ECONOMIC DEVELOPMENT L H 59 L L L H 26 M 1,910 ED Assistance to For-Profits(businesses) M M L L ED Technical Assistant(businesses) Micre-Enterpdse Assistance(businesses) Rehab Publicly- or ~dvately-Owned Commer~ ~ 1 ndustda~i~(pro ects) C/I* Infrastructure Development (projects) Other C/I Imprevements(projects) =LANNING Planning M TOTAL ESTIMATED DOLLARS NEEDED: See narrative $6,500,00( $25,00C $9,250,00£ $1,325,00( :!~' $800,00£ $3,750,000 $750,00( $375,000 $75,00( $1,275,000 $975,00( $5,975,000 $875,00( $795,000 $795,00( $595,000 $21,867 $40,677 $10,000 $55,500 $10,800 $147,500 $10,000 $11,700 $5,900 $47,750 $8,333 $750,000 $50,000 $30,893,127 $4,411,90~ City of Cupertino 2002-2005page 48Cons°lidated Plan JC~ ~ I ~ Lf DEVELOPMENT OF THE CONSOLIDATED PLAN: OVERVIEW Time Frame -Cupertino's first Consolidated Plan is effective from 2003 to 2005, in order to be consistent with yet-to-be-released special Census tabulations. Once these tabulations are available, Cupertino will revise its Five-Year Plan based on any new demographic data, as warranted. After the year 2005, the Consolidated Plan will be revised every five years. Lead Agency .Cupertino's Department of Planning, Budding an,d~.ou.,s~ng....coord, mate, s the overall completion of the Consolidated Plan, with the support b~ omer uepar[mems, such as Parks ~nd Recreation and Environmental Services..!?~s~ordinates input from the public and the City Council, and schedules public h.~rings ~ community meetings. ~: ~ ~ Partici ant Agencies - In add t on to the Departm~o'f§ listed above, the Cit~ P ta Clar§~Cou coordinates the Consolidated Planning process w~tt'i the fo ow ng Santa Cl~=Co nty agencies: Hous ng and Community Development '"~ City of Gilroy Department of Planning and Community Development ~?ty of M~untain View Department of Plannin g '~itv.~,.~ of~ ~ ~il~o~ Alto Division of Community Servi C~0f:Santa Clara · ~ De artment of Community £ City of Sunnyvale p ~ Department of Housir County of Santa Clara Housing Authority of the County County of Santa Clara The agencies listed strategies for add~ the meet on ~ share information and and to provide HUD with information regarding issues (such as homelessness). Citizen process for the prepo table highlights the citizen participation City a total of six headngs on the plan and the were noticed in local newspapers of general anizations and agencies were mailed invitations directly. lated into languages other than English to ensure the A summary of comments from the public hearings can be found in an appendix. City of Cupertino 2002-2005 Conso[idated Plan Page 1 Hearing on housing needs 3/13/03 Invitation to organizations and agencies. Notice posted at library, city hall and senior center. Focus groups on housing needs 3/17/03 Invitation to organizations and agencies. Notice posted at 3/18/03 library, city hall and senior center. Published Notice 4/29/03 Notice Releasing Document for Comment Public Notice published in Cupertino Qouder, Notice posted Commission)Hearing on Use of Funds (Housing 4/10/03 at library, city hall and senior center,-~_ Headng on Use of Funds (City 5/5/03 Pubhc Nobce pubhshed in Cupe~no Coune~ Nohce posted Council) at library, city hall and senior ~hter. Public Notice published irt-D~pe~'~o Couder Notce posted Council)Hearing on Consolidated Plan (City 5/19/03 at library, city hall and semor~ cente~-, .,~ Hearing on Consolidated Plan 6/13/03 Public Notice published m~Cupertmo Coqner. Notice posted at library, city hal! and semor center. (Housing Commission) ' ' ~ :~ ' Hearing on Consolidated Plan (City 6/16/03 Pubhc Cupertino Couner. R~posted Council) at library, cit~'hall and senior center, City of Cupertino 2002~2005 Consolidated Plan I0 -- 6 HOUglNC AND HOMELES8 NEED9 ASSESSMENT The City's certified Housing Element provides substantial information on housing needs in Cupertino, and is incorporated here by reference. The Housing Element includes an analysis of the housing stock and households, estimates of Regional Housing Needs, evaluation of past progress in meeting Housing Element goals, and projected goals, policies and programs. In addition, the City is an active partner in the Countywide Continuum of Care Plan (CofC), which is also incorporated by reference into this Consolidated Plan. The Plan seeks to create a comprehens ve and ~0ordinated system of affordable housing and support services for the prevention, red~tion a~d eventual end of homelessness. A summary of demographics and needs from these sources can be found below, supplemented " by relevant data from the CHAS Databook. Population: Between 1960 and the year 2000, Cupertino experienced a substantial growth in population, reflecting northern Santa Clara County's transition from an agricultural center to worldwide headquarters for high technology. By the year 2020, Cupertino's population is reach 66,400 Race/Ethnicit~. Census revea ed tha Cup~¥ti~' ~'~ ! d!V~rse community. etween 1990 and 2000 the ~slan-Amer can~ poPUlation increas~ from 23% t~%, a mo~ equahng ~e Caucasian populat on:-~~ Ci~ of Cupe~no 2002-2005ConsolidatedPlan I~_~~ t~- Pege 3 Age: Between 1990 and 2000, the percentage of children, teenagers and older adults (65 or over) increased while the 20-65 age group declined, consistent with State and national trends. 6.0% 6.1% 0.1% 17.8% 22.3% 4.5% 58.0% 51.9% -6.1% 9.8% 8.7% -1.1% 5.2% 5.8% 0.6% 75+ Years 3.2% .~ 5:2% 2.0% Households: Although household sizes dropped to about 2.6 persons per household in 1990, they are on the climb again, and are expected to reach just over 2.8 before leveling off in 2020. '2.75 L81 Income Levels: According to the ~ ~ %,? 1990 Census - the most recent data avadable - about 8 '/o of all households earned less than 50% of the median ~ncome anEwere considered vew Iow-income. Another 4.5% were considere'd'lS~:income. Th'e vas~ majority of the households in Cupe~ino however, were.considered ~oderate incbme,and above. The fo ow ng tab e sp ts out this data by reh(~ers and owners. ,,~ ;~ ~nter Households 13.5% 7.2% 79.3% ¢, ,% Owner Households 4.8 ~e~oumng Element esbmates that m 2000 there were 8 5% vew Iow-income ~,~ ,~ . - . households and 4.4% Iow-~ncome households. Many of these lower-income ouse~olds include se~ice worke~ who contribute to and are employed in the City of Cupe~no;and su~oundmg areas. For example, a full-time se~ice worker earning $7 per hour nas; an annua~ income of less than $15,000, making him or her a yew Iow- income pe~on. Similarly, a three-person household with a teacher as the pdmaw wage-earner and a spouse who stays at home to care for the child would likely have an income of less than $62,150 per year and would be considered a Iow-income household. Currently, the US Department of Housing and Urban Development (HUD) defines the various income levels as follows: City of Cupertino 2002-2005 Consolidated Plan Page4 Jo ~ J~) ELi (30% of MFI) $22,150 $25,300 $28,5O0 $31,650 $34,200 $36,700 $38,250 $41,800 VLI(50%ofMFI) $36,950 $42,200 $47,500 $52,750 $56,950 $61.200 $65,400 $69,650 LI(78%ofMFI) $57,45(~ $65.650 $73,850 $82,100 $88,65C $95,2005101,800 $108,350 MEDIAN (100% of MFI) $73,900 $84,400 $95,00(;$105,500 $113,900 $122,400 $130,80(;$139,300 MOD (120% of MFI) $88,680 $101,280 $114,000 $126,600 $136,680 $146,880 $i56,960 $167,160 Geographic Distribution of Minority and Low-Income Concentrations: HUD suggests that any Census tract that has a minority population {~'~t~i~ 20 percentage points greater than that of the group's total population within {~e co~unity Would ndicate an area of m norty concentrat on Based on the 2000 data there are no Census tracts that are cons dered to contain a minor ty concentrabo . '~. Afdcan Arnedcan None Native Arnedcan None Asian American None Pacific Islander None Hispanic None In addition, the Consolidated Plan regulations requir~ that to the extent that any raca or ethnic group?as disproportionately greater need in comparison to the needs of that c~t~ory ~§a whole, asse{Sment of that specific need shall be included. For this purpose, d ,S.~5~'oport onate!Y greater need~i~.x,.[s~ when the percentage of persons in a. cat,egory of need wh0~.a~6'of a particu at racial or ethn* group is at least 10 percentage paints higner tnan the percenta~b 0~ ~ersons~ ~t~hg~C.~?J ~ whole. According to the o~/C~sus data available to determine potenbal areas of d sprgport onate need the following categories of households have disproportionately hi )erC~'~ages with any housing problems. ~ VLI Asian Renter Households 128 Lt Hispanic Renter Households 29 MOD Black Owner Households 7 It should I: households with disproportionate needs. In general, the housing needs of various income groups within various ethnic/racial categories tend to be similar with one another. however, that this information represents a very small number of 1Defined as overcrowding, overpayment for housing cost, substandard conditions, or any combination of these three factors. Ci~ of Cupe~no 2002-2005 Consolidated Plan Page 5 Cost Burden: In general, "affordable housing" is that in which a household pays no more than 30% of its income for housing, including utility costs. Households paying more than this are considered cost burdened, while those paying more than 50% are severely cost burdened. According to 1990 data, about 72% of the City's very Iow- income households paid more than 30% of their income on housing. About 66% of all Iow-income households are similarly burdened, while 55% of all moderate-income households have a cost burden. At-Risk of Homelessness: In conjunction with other factors, such as unemployment or other income problems and chronic health concerns, a family ~!th a c6~t burden may be at nsk of homelessness. Based on avadable data there are probably between 1,000 and 1,500 households that are at risk of homelessnesS ' Overcrowding: According to the 1990 Census, there were 618 households that could be classified as overcrowded, defined as more than 0~ ~erson per room. ~ow~er using this definition, this figure represents only a..b.~o~G{ 4% o~ all households. ~king at the information provided by HUD in the CHAS ~'abook from the early 199~, the following picture emerges: 42 386 46 371 ~ 46 41 402 10.2% 51 32 314 10.2% 53 8.7% 217 4,115 5.3% 192 409 3.2% 378 6.8% 223¢ 9,673 2.3% 601 3.9% Th's table shows that of theil 5 000 hous~eh0~ds in Cupertino in 1990 just 601 were overcrowded ~ t also shows that ~n genera~ the lower the ~ncome the h~gher the percentage of households that are ~ver:crowded. Renters tend to be more overcrowded than owners. Additional ~ata sugg~'§~ ~hat large families tended to be more overcrowded than small famd~es. ~aiting Lists for HousingA~Sistance: Service providers often have waiting lists for ~i~dividuals and fa~i!ies seei;,~ing housing and related services. As an example, the ~0using Authority ~aintains waiting lists for persons seeking housing through their voucher program. As of this writing, there are 59 applicants on the waiting list in Cupertiho. ~' Housing [V~ed$ of Homeless Persons: There are homeless persons in Cupertino, although they are often hidden. A 1999 survey of homelessness Countywide did not specifically identify the number of homeless in Cupertino, but staff estimates that there are about 50 homeless people on any given night in the City. Homeless individuals and families need a wide range of services, not just housing. These services may include drug/alcohol addiction counseling, life skills training, job placement, physical and mental health support, and a variety of similar services. City of Cupertino 2002-2005 Consolidated Plan Pa~e8 /ks noted above, the City is an actNe artici ant in the Countywide Continuum of Care (CofC) Plan, As part of this effort, the Plan provides extensive Countywide information on homeless demographics and needs. The following summarizes the data on homelessness from that report: · 65% of those homeless surveyed in 1999 were male · 36% were Hispanic, 35% were Caucasian, and 18% were African American · 36 % were under the age of 18 wh~le 2 Ye were over 65 ~,.~ ;~ · single, unattached adults make up about 60% of the homeless populati~ · of the homeless famd~es with children, 66% are headed by a single moth~ ~ · 28% of homeless persons are or have been substance abusers · 10% of those surveyed ~dent~fied themselves as suffenng~.~ fro,m.;:~a severe mental il ness~.~. ~ o .... · 23 Yo of the women ~nd~cated they had sufferance domestic violence ~ :; · 34% stated they were homeless despite being ~ployed $1 000 p tt~ · 81% had incomes less than , er men · 41% had at least some college education Housing Needs of Seniors: In 1990, ,12% of all househ61ds,inCluded a member who was 65 years old or older. Of the~ ~hi%h.~ouseholds, 22%;~ere owners and 78% were renters. By 2000, the nti~b~of senlor households~creased to 21% of all households. Countywide, the senio~popu~io~ iS-~XP?cted to ~ncrease by almost 90% between now and 2020, with the pop)!~0rTof sen~ over the age of 85 years expected to almost ~!~ in size. Th~ figures ~ggest there will be an even greater demand for a range 6f fi~U~ing opportunities, such as independent living facilities, assisted housi~6~' congregate care fa~ii~? group homes, and other living arrang seniors. Housing HIV/AIDS: According to a 2000 study of the gay, lesbi~,,~[SgX~al anc~ ~sgendered people, 11% indicated they needed special HIV care~A 1997 Survey of homeless health needs found the number of homeless people w~tl'i HIV Is ~ncreas~ng. Sin,ce learn ng they had H V/AIDS, 36 ~ of peep e w th A DS ~ ~'~@~ve been homeless It is %timated that anywhere between 4,000 and 10,000 eo le ~,¢~ · ~ . p p n the County are ~nfected w~th H V, of which 6% Ive on the streets or in she rets, while 14~'riive with friend'~ or in a relative's house. Disabilities: There are approximately 4,000 people in Cupe~tin0~Wi~ a work disability, defined as a disability that interferes with a person's ability to wo~i From a housing perspective, there are several different housing needs of disabled persons, from those with developmental or mental disabilities, to those with physical disabilities. In Santa Clara County, the average range of SSI payments for 2000-2001 was approximately $600-700 per month - an amount that is insufficient for securing affordable housing in the region. Lead Based Paint Hazards: In general, any unit built before 1978 may contain lead- based paint (LBP). The County Health Department generally uses 1950 as a cut-off City of Cupertino 2002-2005 Consolidated Plan d~te ~ the primer~ (though not definitive) indicator of potential LBP h~z~rd~, ~ince by this time LBP was substantially regulated. Based on this definition, there are an estimated 500 units that have lead hazards. Lower-income families will likely occupy some percentage of these units, but there are no definitive data to estimate that number. Projected Housing Needs: The Association of Bay Area Governments' (ABAG) housing need projections represent Cupertino's share of what the State believes the growth will be over the next five years. Cupertino's current share o~.f t'~e~'Rgusing need is 2,325 new units over the next several years. The following table ~eaks t~se numbers down by income category. 378 188 626 1,133 2,3?7 City of Cupertino 2002-2005 Consolidated Plan Page MARKET CONBITION, · Housing Units and Type: A substantial portion of Cupertino's housing stock was built after World War II and reflects its suburban, residential character. According to 2000 Census data, there are 18,682 housing units, of which 8 were mobilehomes. From 1990-2000, a 71% 2-4 Units 7% Multifamily (5 or More 22% total of 2,074 new units were added to Cupertino's housing st~k; This represents a production rate of approximately 200 units per year. Jobs-Housing Balance: Using Census data from 2000, th~'~ are aboUt 2;5 jobs per every household, making Cupertino a "job rich" commUnity. This ratio is important because as more jobs are created, there is greater d~mand on the existing ~u~ing stock in the community, which causes increases i~ousing costs and longer ~0mmutes times. Substandard Units: There is not a significant numberbf housing units needing repair or replacement in Cupertino; at most, 6% of the unit~ ~re substandard, or about 1,100 units. However, this figure would be the maximum in ne~d of an~, kind of rehabilitation, including minor home repairs. ~ Housing Costs: In Februar )rice for a single-family home in Cupertino was $768,000, a 2001. The median price for a townhome was $479,000 in have also declined; by February 2003, they had a decline of almost $750 per month, or 32%, since 2001. Despite typical housing costs still far exceed the ability of vet to afford housing. The following table illustrates the d~fficu~y ~vanous fam es of lower income have in finding housing that is affo[dable to them comparing different kinds of households and the amount they s~ould pay for housing to afford it compared w~th the actual amount. Shaded areas j~d~cate those s~tUabons ~n~ch the household would be overpaying for housing. Household on ~ixe~l~come (e.g., Social Security) of $~(~(J/Month Extremely Low-Income (4 Persons) Very Low-income (4 Persons) Low-income (4 Persons) Moderate-Income (4 Persons) Above Moderate-Income (4 Persons) $70O $791 $1,319 $2,053 $2,638 $3,165 $1,604 $1,604 $2,585 $1,604 $2,585 Public Housing and Section 8---Although there is no conventional public housing in Cupertino, the Housing Authority does maintain a supply of Housing Choice Vouchers for residents in the City. In 2003, there are 64 tenants receiving vouchers, while City of Cupertino 2002-2005 Consolidated Plan Page9 another five receive assistance through the Moderate Rehab program. The following table provides demographic information on this population. FAMILIES Elderly and Disabled Elderly but not disabled Not elderly and not disabled Not elderly but disabled ETHNICITY Hispanic 4 6% 17 25% 6 9% ~, 42 61% 17 25%~ 52 75% 34 ~49% 13% 6% 32% Non-Hispanic RACE Caucasian American Indian/Alaskan Native ';9 Asian ~-~' 4 Hawaiian/Pacific Islander '~' 22 Loss of Affordable Units: The only affordable housing ~evelopment at risk of converting to market rate is the Sunnywew develop~pt, whose federa subs dy contract will expire in May 31 2004. However, the development is considered at Iow risk for converting because it is owned by a non-profit ~'~gBnization, which has indicated that it will renew the assistance again in 2004. The City WilL~p~itor the development and will initiate contact in late 2003 Wt~the owner and HUDto ensure that the units remain affordable. :x- Fair Housing: Until this year, the Planning requirements were t~.~[~l~onsibilib' County~ since Cupertino lacked sufficient population to quali~;'~'a~ an~ntitlement :fiction. As part of the Countv's efforts t was required to~ complete a Countyw~d a ys s of mped ments to Fa r Hous ng Choice (Al) f~q_[itbe unincorporated area~ ; well as those jurisdictions with fewer than 50,000 resi~t~upe~j~' ~'~ff ~solidated P an ncorporates the County's Al by reference, and ~ncludes an act on tem n the one-year plan to conduct ~ts own independent Al. ~'~ ~ . ~.pe ~ty p~aces a~gh pnoq~ on promobng and ensuring open and free choice in ~:h~0using for all per'~0ns. It i~the City's intent to ma nta n a nondiscdminato~ ~mnment ~n all ~spects of the pubhc and private housing market w~th~n the C~ty, and to f~2 complianc~with the nondiscrimination provisions of the Fair Housing Act. Feder~gulatio~require paKicipating communities to ce~i~ that they are affirmat ~y~fuK~ring fair housing and conducting fair housing planning by'. Conda~na an n I ' g a a ysis of the impediments to fair housing choice Taking appropriate actions to overcome the effects of any impediments ident~ed through the analysis, and Maintaining appropriate records of the analysis and actions, The County's Al found that among the impediments that affect access to housing in the County, including Cupertino, are the following: City of Cupertino 2002-2005 Consolidated Plan Page 10 1. The lack of affordable housing (rental and sale) restricts people in their ability to purchase or rent housing. 2. The lack of available housing creates an inadequate pool of housing stock. 3. The price of land suitable for new housing, which is related to the scarcity of land. The lack of available local funding, especially for affordable housing, has been exacerbated by the lack of federal and state funding available for housing. 6. The high cost to develop affordable housing, which has been found to cost at least 20 to 30% more than equivalent market rate housing. 7. Occupancy restrictions in rental housing, especially when the property involved is a small apartment complex that is owned by people with only a modest amount of rental property, has shown to be a significant restraint. 8. Stigmas associated with affordable housing are ofter~ ~enerated by fears that affordable housing will lower property values, bring crime to the neighborhood and result in a lowering of the quality of life for existing residents. 9. Federal caps on incomes limit the provision of housing assistance to those households earning 80 percent or less of median income for the area receiving the assistance (e.g. Santa Clara county). 10. Discrimination in housing continues to influence who may find housing'and who may not, especially in terms of families with children, who remain the largest single class affected by discrimination in the Urban County: A recent report, commissioned by al of the jurisdictions in Santa Clara County, provides updated information on housing discdmina~ibn in the County, as well as an analysis of services provided by f.ai(.housing orga'h.i~ations. Th'is report, released in early 2003, is also incorporated ~ei~ b~ r,e. ference. Er~titled Fair Housing in Santa Clara County: An Assessment of C~['{ditions ~d Prograrn~ ~O0-2002, this report provides detailed information on the following~topics, amon~ ~thers: Demographic S~,t. bng and Rac~afTrends ~n Santa Clara County Fair Lending in Santa Clara County: an Analysis of Home Mortgage Data ~ Fair Housing Experiences and~ Percepbons: A Survey of Santa Clara County Residents Fair Housing Services in Santa Clara County ~. Santa Clara County Land Use and Zoning Issues Among the conclusmns of this report are the following main points: 1. Fair housing ~:onditions in Santa Clara County are, as a general matter, very good; in some cases they,re 0ut~(anding. Although the report does identify important problems that should be addressed, Santa Clara County has a number of achievements: an exceptional level of racial integration in most parts of the County; an unusually strong and generally well-funded network of fair housing providers; a generally responsive and concerned group of officials working on land use, housing supply, and fair housing issues; and many signs of tolerance of diversity and support for fair housing across the general public community. Santa Clara County has two fundamental fair housing problems; one of them is "largely insoluble,' but the second considered solvable. According to the report, the intractable problem is affordability. The region's economic transformation may have reached a plateau, but the County City of Cupertino 2002-2005 Consolidated Plan Page 11 will almost certainly continue to be an extraordinarily difficult place to create affordable housing for some time. 3. The second problem highlighted by the report's authors is that fair housing programs are largely reactive rather than proactive. Although not unique to Santa Clara County, the study recommends that communities do much more. The report notes that no one who works on fair housing in Santa Clara County knows how widespread specific discriminatory practices are in the County, or where they might be concentrated. In addition, the report finds that there are virtually no fair housing services provided to anyone in the home purchase market, ~v, en though it is very likely that discrimination and steering are at least as common in this market as in the rental market. Further in this ConPlan, a variety of recommended actions to address fair housing concerns are proposed. City of Cupertino 2002-2005 Consolidated Plan Page 12 INVENTORY OF FACILITIES AND SERVICES FOR THE HOMELEg0, PEROON0 THREATENED WITH HOMELESSNESS, AND THOSE WITH SPECIAL NEEDS Both the CofC Plan and, to a lesser extent, the Housing Element, provide important information on the services, facilities and programs available to homeless people, at- risk families and individuals, as well as those with special needs. These include shelters, transitional housing programs, senior day care and support programs, domestic violence programs, and a host of other activities to serve pebp!e with needs. Please refer to these important documents for more information.~ ~' City of Cupertino 2002-2005 Consolidated Plan Page 13 on constraints - both governmental and nongovernmental - to the production, preservation and rehabilitation of housing, especially that which is affordable, and are incorporated here by reference. The Housing Element examines local ordinances and policies to determine whether, under current conditions, they are accomplishing their intended purpose or, in practice, constitute a barrier to the maintenance, improvement or development of housing for all income levels. Some of the areas reviewed included land use controls, local fees and exactions, processing standards, and similar activities. Nongovernmental constraints include a variety of factors that neg~!vely impact "the maintenance, improvement, or development of housing for all i~qcc~"~e levels, including the availability of financing, the price of land, and the cost of ~°nstru~ion.'' The potential list of all constraints on the development could be q'~ite long, And might include information on national economic conditions and regional geolog~i However, the Housing Element focuses on non-governmental~c)nS~'~ints that the citY?,,aY be able to positively impact. ~ i.~~' The City has defined several actions to e~ther ehm~nate Or'otherwise mitigate the effect of these constraints on the housing market. Rele~;~nt a~ti~b's are discussed in the Five- Year Strategy. City of Cupertino 2002-2005 Consolidated Plan 10 - I~ b Page 14 FIVE-YEAR STRATEGY Priority Analysis and Strategy Development--The housing needs data indicate that some households have a difficult time paying for housing, or have a variety of housing problems, such as overcrowding. Other statistics point to the need for services, such as supportive housing, assistance with jobs, or mental health concerns. In previous years, the City of Cupertino funded co,rnmunity development programs through the County - as part of the Urban County s CDBG Progra~~ a'~;d~!hrough the City's own local funds, primarily general fund monies. These fud~ have I~en used to address the City's lower-income residents' needs through p[irn~ily~the prevision of services, rather than direct housing assistance. The following table illustrates how the City has, in the past, funded organizations with venous funding sources; Funded: Fiscal Year 2002,2003 Cupert no Community ServicerS% '~-~.? $54,000 Cupertino Semor Day Services ~,~ $21,200 Long Term Care Ombudsman $4,900 Outreach and Escort '~'~r~ $10,800 Second Harvest Food Bank ~ $5,40~ Support Netwo?k for Battered Women ~'~_ $102,200 Senior A~dults L~al Servic~ Rotating She,ter~ ~ 7 $10,793 $25,000 $35,793 $50,000 $874 $50,874 GRAND TOTAL~ Foi~. . . *~ .~,.~,~lan;the City. _ has reviewed the existing housing .... and homeless .~n. eeds stat~sbcs t6~eterm~? what, ~f any, changes should be made to ~ts pnont~es for ~'fQnding. As a jud~ction ~'~der the County's Urban County programs, the City was g~l~ in its decisiOn-making process by the Countywide Consolidated Plan, which iden~ifie~e~d the grea~t need for activities directed at very Iow-income, small family and large f~r~ilv renter~and Iow-income, large family renters. For this ~id~ated Plan, the City has developed its pnonty system for assistance based on t~'~ following three tables. City of Cupertino 2002-2005 Consolidated Plan Page 15 The first shows that of all households with some type of housing problem, lower-income small renter households (from 0% to 80% of median) account for the largest share of all households with housing problems - more than 30% of all households with problems. 33 3.4% 32 ' 3.3% 31 3~2% 30 ~3.0% 18 1.8% Owners'~ i 15 1.5% Owners 11 1.1% Owners 0 0.0% TOTAL 984 The second table, sorted on households that are shows that while only a small number of lower-income households in the City,re overcrowded, the: percentage share of overcrowded households oc~rs amon Rente~~ ~' E~e HH 51-80% 32 23.0% Renters Largd FIH 31-50% 31 22.3% Renters Lamb HH 0-30% 23 16.5% Renters Small HHs 31-50% 15 10.8% Renters Senior HHs 0-30% 13 9.4% R~)nte~ Small HHs 51~80% 9 6.5% Owners Small HHs 51-80% 7 5.0% R~nters Small HHs 0-30% 6 4.3% Owners Large HH 51-80% 3 2.2% Owners La~,e HH 0-30% 0 0.0% Owners La~,e HH 31-50% 0 0.0% Owners Senior HHs 0-30% 0 0.0% Owners Senior HHs 31-50% 0 0.0% Owners Senior HHs 51-80% 0 0,0% Renters Senior HHs 31-50% 0 0.0% Renters Senior HHs 51"80% 0 0.0% Owners Small HHs 0-30% 0 0.0% Owners Small HHs 31-50% 0 0,0% TOTAL 139 City of Cupertino 2002-2005 Consolidated Plan Page 16 The ~ast table, which shows the number of households paying over 50% of income on housing costs, confirms that lower-income renters tend to have a more difficult time with cost burden than owners, in addition, very Iow-income senior households - both renters and owners - have cost burden. Interestingly, large households do not have the problem of overpayment that small households tend to have. :{enters Small HHs 0-30% 115 :~enters Small HHs 31-50% 115 :~enters Senior HHs 31-50% 3wners Senior HHs 0-30% ,59 :~enters Senior HHs 0-30% Dwners Small HHs 51-80% 3"wners Small HHs 0-30'~ :}wners Senior HHs 31-50%" :{enters ~vners Senior HHs Small HHs 51-80% 31-50% :{enters Small HHs 51-80% Large HH; La~e HH '~' ~rge HH :an:je HH _arge HH .arge HH SeniorHHs :{enters 3wners Dwners 0-30% 31-50% 51-80% 0-30% 31-50% 51-80% 51-80% 17.6% 17.6% 65 10.0% 9.0% 8.0% 48, i 7.4% 38 ' I 5.8% 32 4.9% ~-52 4.6% 4.4% 3.7% 2.8% 1.1% 0.0% 0.0% O.0% Based on the analyses shown a~9~/~,~.~nd in conjunction~'With ~i~ needs assessment, HUD Table 2a: Listing of Priori~¢~e~on the next page'~s~ows the rankings of the by p~(~rit~b~ased ~(~v~ilabl~,d~'a. The City intends to be various need categories guided by this priority system in all~ating it§;~ce§~; however nsuffic ent fund ng competing pnont~es, and staffing capacity may preclude fo ow ng the priority system at all times. Further it ,must. be stressed~t~i~t althoug~ a parbcular type of hous na or service may not ~r~.C~b,v'~ ¥~'~h. ighest pdo~y, !~e City will still consider such appl~ications for funding because the nee~ for all types?~f assistance to lower-income families and individuals is ~at. Housing and HomeleSS S~ -ervices Goals and Objectives -. The City has established several<goals, pohc~es~d implementabon pans towards address ng the hous ng and community ~ve[opment related needs of ~ts c~tizens Based pnmanly on the Housing Element, these goals and DO~ces ~nclude the following: G6~[, A AN ADE~tUATE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS Polic Sufficient Residentially Zoned land for New Construction Need. es~gnat~ sufficient residentially zoned land at appropriate denstties to prow'~adequate s~tes that wdl meet and exceed ABAG's estimate of Cup~ino's new construction need of 2,325 units for 2001-2006. The following objectives meet that need. Units Affordable to Very Low Income: Units Affordable to Low Income: Units Affordable to Moderate Income: Units Affordable to Above Moderate Income: 378 units 188 units 626 units 1,133 units 2001-2006 TOTAL 2,325 Units City of Cupertino 2002-2005 Consolidated Plan Page 17 Additionnl unlts nre nllowed ~or the remnlnder of the planning period. Affordable units for the remainder of the planning period will be achieved through the Below Market Rnte program. Plnnning Periad TOTAL 2,290 4,615 Units Implementation Program 1' Housinq Units by Planning District. Encourage residential development in the following Planning districts, as provided below. Residential development in these planning districts includes mixed-use, multi-u~j~ ~i,dential, and single-family residential at a density of 15-35 + units per acre. A,~,~q~atei~frastructure is currently available to all districts. Implementation Program 2: Land Use Designations. In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), Some parcels of land in the specified Planning Districts will need a change in land use designation br zoning. The City will change land use designation§/zoning i° reflect the den~!!~ ranges necessary to implement Program 1. Implementation Program 3: Residential Potential Outside of Planning Districts. Include the existing inventory of residentially zoned parcels with residential potential that are outside of the planning districts in addressing the RegiOnal Housing Need. Implementation Program 4: Seco~l;'bwellin.q Unit Ordina~ssure that the Second Dwelling Unit Ordinance to e~ceu~'age th~::~roduct on of ~Ere second units on · ' res~denbal parcels. GOAL B HOUSING THAT IS AFFORDA~'L~ FOR A DIVERSI~ OF CUPERTINO HOUSEHOLDS olicy 3-2: Housing Mitigation Plan. Assign priority to households who live or housinj bnits builJ.~ith mitigation fees. Implementation Pro~'~ 5: Housing Mitigation Plan - Office and Industrial Mitigation. Th9 C t~ cont nue to mp ement the Office and ndustna M t gat on fee program Th~s program requires that deve opers of office and ndustrial space pay a fee, which ~;~ill then be used t0 suppo~ affordable housing for lam es who work in Cupe~ino but ~iige elsewhere. Th~e fees are collected and then deposited in the City's Affordable H°~ing Fund. Th~ity w conduct an updated "nexus' study to determine whether the manne[ ~n which fees are calculated is still appropriate. Implementat on Proqram 6: Housinq Mitigat on Plan: Residential Mitiqation. The City will continue't° implement the "Housing Mitigation" program. This program applies to all new residential development of one unit or grater. Mitigation includes either the payment of an in-lieu fee or the provision of a Below Manet Rate (BMR) unit or units. Projects of 10 or more units must provide on-site BMR units. Projects of 9 units or less can either build a unit or paying-lieu fee. Implementation of the program shall include: City of Cupertino 2002-2005 Consolidated Plan a) ori0rity for occupancy to households who reside, work, attend sch00( or have family in Cupertino; b) additional priority for households with wage earners who provide a public service; specifically, employees of the City, local school district and public safety agencies; c) utilize City's Affordable Rent Schedule as a guideline in setting rents for new affordable housing; d) update the rent schedule each year as new income guidelines are received and determine a uniform method for allowing rent adjustments for affordable housing; e) allow developers to meet all or a portion of their BMR requirement bY ~making land available for the City or a non-profit housing developer to construct ~ffordable housing; f) require BMR units to remain affordable for a minimum of 99 yea~? g) enforce the City's first right of refusal for BMR units, and requiF6 15% BMR units Implementation Proqram 7: Affordable Housinq Fund. The City's Affordable Housing Fund provides financial assistance to affordable housing dev~lopments?,Requests for Proposals" (RFPs) will be solicited from interested parties to develop affordable units with housing funds. Affordable housing funds will be eXpen;ded in the following ~anner (ranked in order of priority): a) Finance affordable housing projects in CUpertino. b) Establish a down payment assistance plan that may be used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of Iow interest loans and not grants. ' c) Establish a rental subsidy program to make market rate units more affordable. Policy 3-3: Range of Housing TYpes.~ Encourage the d~velopment of diverse housing stock that prowd?~ a range.of houslng types (including smaller, moderate cost housing) and affordable I~ve~. Emphasize the prows~on of housing for lower and moderate,income households and, also, households w~th wage earners who prowde serwce (~g. school d~strict employees, mumc~pal and public safety employees, etc.) Implementation Program 8 Mortqage Cr~dif Cert ficate Program Part c pate n the countywide Mb~i'tgage Credi~rti~cate (MCC) Program Th s program allocates mortgage credit certificates to first-bme homebuyers to purchase housing. Due to the h,gh cost of housmg~umts in Cupertino, it is estimated that most of the County's MCCs ~11 be: use~n the C~b/of ~an Jose, where there are more Iow cost hous ng un ts avadable for sale~. '~ lm~.ementation Proqram 9: Move-In for Less Proqram. The Tri-County Apartment Association~, is managing this program, which recognizes the high cost of securing rental housing. The program is geared to classroom teachers in public or pdvate schools who meet income cntena. Apartment owners/managers who agree to participate in the program requite no more than 20% of the monthly rent as a security deposit from qualified tea~ers. Implementation Program 10: Surplus Property for Housing. In conjunction with local public agencies, school districts and churches, the City will develop a list of surplus property or underutilized property that have the potential for residential development, compatible with surrounding densities. Additionally, long-term land leases of property from churches, school districts corporations for construction of affordable units shall be encouraged. Further, the feasibility of developing special housing for teachers or other City of Cupertino 2002-2005 Consolidated Plan Page 19 employee groups on the surplus propertles will be evaluated. Teacher-assisted housing programs in neighboring districts, such as Santa Clara United School district, will be reviewed for applicability in Cupertino. Implementation Program 11: Jobs/Housinq Balance Proqram. Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the City will evaluate the impact of any application that will produce additional jobs in the community. The p~o~e of the evaluation is to describe the impacts of the new jobs on the City's I~Si~ stock, especially ~n relabon to the jobs/housing ratio in the City. In 20ql;: ~BAG's estimate of the City's job/housing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or progra~'that con(Jitions approval of job producing activities to housing productions. Policy3-4: Housing Rehabilitation. Pursue ~h'd/or provide the construction or rehabilitation of ho~sing that is affordable ~ ~ Iow, low and moderate-income households.~ively sUPPort and assist non-profit and for profit developers in producing affordabl~ bnits. Implementation Program 12: Affordable Housinq Information and Support. The City will provide information, resources a~d suBport to developer§' Wh0'Can produce affordable housing. Information will be upc~"~o~;~e,¢~lar basis in~,~gard to available funding sources and be distributed to'Ii in't~rested 88~e. lopers. In add t on nformat on regarding additional C~ty ~ncenbves s~ch as(~e Dens ~ Bonus Program (see program #14) wdl also be provided and updated,~9 .n:a regul~s~s. Further, the City will involve the public from the beginning of an aff~¢~able housing app cat on so that there are fewer objechons to.the project as ~t goes.~though the C~ty approval process. · ~:~ ~ o,~,7~¢.. Pohcy 3-5: D~elopmen~ ~f Affordable Housing. Maintain and/or adopt appropriate land use regulat~ns and other development tools to encourage th~ development of affordable housing. Make every reasonable .effort to disperse, umts throughout the community but not at the expense of ~ '~'~'~n~ni~ing th~fun~amental goal of providing affordable units. ~:lmplementation PrOqram 13: Density Bonus Pro,qram The C ty's Density Bonus Pr~3g~ram provides f(~r a density bonus and additional concessions for dev- elopment of 6 or mor~un~ts that Prowde affordable housing for families and sen ors nc uded in the concessions are reduced parking standards, reduced open space requirements, reduced setbacl~: requirements, and approval of m~xed use zoning The City will change the Ordinance definition of affordable umt to housing costs affordable at 30% of household income for very Iow and Iow-income households. Implementation Proqram 14: Requlatory Incentives. The City will continue to waive park dedication and construction tax fees for ail affordable units. Parking standards will also be discounted for affordable developments. For mixed-use and higher density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulation Ordinance of the Cupertino Municipal Code, if City of Cupertino 2002-2005 Consolidated Plan Pa a20 the applicant can provide a study supporting the deviation. Further, the City will continue to efficiently process all development applications. Implementation Program 15: Residential and Mixed Use Opportunities In or Near Employment Centers. The City will encourage mixed-use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing residential development above existing parking areas. In specific, these areas would be near or adjacent to employment c~enters and could provide additional opportunities for housing Policy 3-6: Tax Increment Funds. Use a minimum of 25% of tax increment funds generated from the Redevelopment Project Area for.housing activities that create affordable housing for lower and moderate-inbome hoUSeholds. Set aside 5% of the 25% for extremely Iow-inCbme housing. Implementation Program 16: Redevelopment HO~sinq Set Aside Fund. Timidity has established a Redevelopment Project Area, from:which t~X increments funds are collected. A minimum of 25% of tax increment fundS will be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop'~01icies and objectives for the use of those funds. All policies and ectives shall be de~elo~d to reflect the goals and objectives of the Housing Policy 3-7: Housing Densities. ~rship and rental housing unit densities, ~ ts and other high-density housing. ~, mplementation Program 17: Convers on of~,Gommercial Lands to Residential. Commercially designated ahd may be ?n§idered for convers on to residential uses where it doe~ n0{ b!i~inat~'~i~{i~'g:o~;~0~ential neighborhood serv ng commerc a uses or contradict Heart bf the City policies. Implementation Proqram 18: Residential Development Exceedinq Maximums. AllOw re§idential developments t0 e~ceed planned density maximums if they meet a special co~mumty social ggal andthe ~ncrease ~n density will not overburden neighborhood sf~'~ets or hurt ne g6borhood character. mp ementat~on Program 19 Flex bie Res dent a Standards. Allow flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, fl~°r"'area ratios and setbacks, particularly for higher density and attached housing developments. (~OAL C ENHANCED RESIDENTIAL NEIGHBORHOODS Policy 3-8: Maintenance and Repair. Assist very Iow and Iow-income homeowners and rental property owners in maintaining and repairing their housing units. City of Cupertino 2002-2005 Consolidated Plan Page 21 Implementation Proqram 20: Housinq Rehabilitation. This program provides financial assistance to eligible very Iow and Iow-income homeowners to rehabilitate their housing units. The County of Santa Clara, Housing and Community Development (HCD), administers the program on behalf of the City of Cupertino. When the City becomes an Entitlement Community in 2002-2003, housing rehabilitation activities will continue to be funded. Implementation Proqram 21: Home Access Proqram. The Home Access Program provides assistance with minor home repairs and accessibility impm~erribn~[s for lower- income, disable households. Economic and Social Opportunities (ESO) administers the program under a contract with the County of Santa Clara. Implementation Program 22: Weatherization Proqram. This program assists very Iow- income homeowners with weatherization improvements to their homes. Economic and Social Opportunities (ESO) administers the progra~ in Culsertino and other ~i'e~§ of the County. ~ Implementation Proqram 23: Apartment Acquisition and Rehabilitation. The County of Santa Clara administers Home and CDBG funds Oh behalf Of the members of the Urban County and HOME Consortium. The City of Cupertino participates in both the Urban County and Consortium activities. Funds are available On a comPetitive basis to developers to acquire and rehabili!ate r~ntal units for ve~ Io~;~nd Iow-income households. When the City bec0~eS'a~'e~i~!ement comm~:~ity in 2002-2003, the City will continue to include the availability of HO~E ~nd CDBG fund for apartment acquisition and/or rehabilitation. '~ .~>~ ~? ~'olicy 3-~: Conservati~ of Housing Stock. Conserve the existing stock of o. w..ner and rental b°~si~ ,units, whi~ provide affordable housing opportumt~es for Iower'~'~nd rno~e'rate-incom~hb~seholds Implementat~)n Pi:ogram 24. Pr~{ervat~on of At Risk Units". The only affordable housing development at ~isk of converting to market rate is the Sunnyview development..The exl~iration date of their federal subsidy is May 31,2004. However, the d6~el°p'~nt is con~ a~red at ow rsk for converting because it is owned by a non- pi~ofit organizati~ which h~s indicated that t w renew the assistance again in 2004. ~-Ho~wever, the City Will monitOr the development and will initiate contact in late 2003 with tl~e owner and HUDto ensure that the units remain affordable. Implementation ram 25: Condominium Conversions. The City's existing CondominiU~Conversion Ordnance regu ares the conversion of renta un ts n mu t- family hous~g~development in order to preserve the rental housing stock. CondominiLi~ conversions are not allowed if the rental vacancy rate in Cupertino is less than 5% at the time of the application for conversion and has averaged 5% over the past six months. Implementation Program 26: Rental Housin.q Preservat on Proqram. The City's existing multi-family rental units provide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: City of Cupertino 2002-2005 Consolidated Plan Page 22 When a proposed development or redevelopment o{ ~ site would cause a family rental housing, the City will grant approval only if at least ~o of the following three circumstances exist: The project will produce at least a 100% increase in the number of units currently on the site and will comply with the City's BMR Program, and/or The number of rental units to be provided on the site is at least equal to the number of existing renal units, and/or No less than 20% of the units will comply with the City's BMR Program., Fu~her, the prese~ation program will include a requirement for a tenant relocation plan with provisions for relocation of tenants on site as much as possibleJ Implementation Program 27: Conse~ation and Maintenance 0f~Affdrdable Housing. Develop a program to encourage the maintenance and rehabilitation 6[ residential structures to presume the older, more affordable housing st%k, Implementation ProRram 28 Neighborhood and CO~uni~ Cleanup Camp~ ~'~ Continue to encourage and sponsor neighborhood and community clean u~mpaigns for both public and private prope~ies. Policy 3-~0: Energy Conse~ation. Encourage energy conse~ation in all existing and new residential development. Implementation Program 29: Enerqy Conse~ation Oppo~niti~s. The City will continue to enforce Title 24 requirements fo~ energ~:~QQse~ation and will evaluate utilizing some of the other suggestions as identifie~in the E~ironm~,ntal Resources/Sustainability Implementation Program 30: Fee Wai~s or Reduction for Enerqy Conse~ation. The City will evaluate th~ potential to waive 6k reduce fees for energy conse~at on ~mprovements to~ res~dent~al~umts (ex~st~ng or new). ~OAL U ~ERVICES FOR SPECIA~ NEEDS HOUSEHOLDS !'3:' f f : ~pecial lVeeds Households. Support organizations that provide services to specml need households ~n the City: such as homeless, elderly, disabled ~'~ ' ' and s~ngle parent. 0~ram 31: Cupertino Community Services (Homeless Services). Cupe~tino Community Services (CCS) manages transitional housing and adm n sters the ConQnpum~jECare services for homeless, including the rotating shelter program In order to fecal rate any future emergency shelter needs, the C~ty wdl rewse the Zomng Ordinance t~ ~low permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Implementation Program 32: Proiect MATCH (Senior Shared Housing). Project MATCH places seniors in housing arrangement with other persons interested in shared housing. Project MATCH is funded with County of Santa Clara Urban County funds. City of Cupertino 2002-2005 Consolidated Plan Implementation Proqram 33: Catholic Social Services (Single Parents). Catholic Social Services provides help to place single parents in shared housing situations. The program in funded with Santa Clara County Urban County funds. GOAL E EQUAL ACCESS TO HOUSING OPPORTUNITIES Policy 3-12: Housing Discrimination. Support programs and orga~nizations that seek to eliminate housing discrimination. Implementation Program 34: Santa Clara County Fair Housing Consortium: The Santa Clara County Fair Housing Consortium includes the Asian LaW Alliance, Mid-Peninsula Citizens for Fair Housing, Project Sentinel and the Mental Health AdVOcates Program. These organizations provide resources for Cupertino re~iden~'~s with ter~'h~t/landlord rental mediation housing discrimination and fair housin~ concerns. Admi~'iStrative funding for these organizations is partially contributed by COunty of Santa cl~a Urban County Funds. ~.~t'.:~ .~ ' in addition, the City will actively pursue efforts to affirmatively further fair housing, including: 1. Conducting an analysis to identify impediments to fair housing choice within the jurisdiction. : 2. Taking appropriate actions t° ov&~ome the effects 0f any impediments identified through the analysis. ~ ~!?~' ~,~ ~ 3. Maintaining records reflecting ~e a'nalysis ane acdons take in this regard. Homelessness an~t~tl~'~ Rbgional Continuum of Care --Although the precise number of homeless md~?~uals and famd~es ~n Cupertino ~s not known, anecdota nformat on suggests that th~s figure ~s qu~te small - at most, 50 people on any g~ven n~ght. The City has pro~i~l(~d'![unding i~ tfi~ ~as;t~f~oi' ~omeless services and a rotating shelter, and will continue to dOs~ (s~ implement~tion plans, above, as well as one-year action planning ;fol!owing). i~ addition several agencies that the City has funded prov de assistance [o a.t~nsk populabons by prowd~ng hotel/motel assistance rental/mortgage ass stance, ut~ t es assistance, transportation, and food and c oth~ng. There are a so a ,~:'r~umber of transiti6~al bed~ ~vailable within Cupertino Be~se homelessi~ess is difficult to quantify, as homeless individuals and families move~m place t~place, a regional Continuum of Care P an was estab shed to coord~na~'~servic~, maximize funding, and marshal the collective will of many jurisdictions~(~5~ards addressing the needs. Cupertino has participated in the Continuum'~ Care and will remain an active partner in this endeavor. Other Regional Strategies to Address Homelessness -- The Santa Clara County Collaborative on Housing and Homeless Issues was created in the mid-19g0s to draw mora funding for homeless shelters, services, and to create more affordable housing. The Collaborative includes over 120 shelter providers, service providers, advocates, City of Cupertino 2002-2005 Consolidated Plan Page 24 and nonprofit housing developers, united ~o find ways to increasing housing and service opportunities for homeless people. The Collaborative continues to promote the Continuum of Care as the format to end homelessness in Santa Clara County. In promoting the Continuum, the Collaborative has addressed outreach, emergency shelter, transitional housing, training and employment, supportive housing, and permanent affordable housing. Others with Spec/a/Needs -- Because the needs of persons wit~sPecia! needs often extends beyond the provision of housing alone, the City will continue to seek ways to assist this varied population. Seniors continue to be a priority for [he City as well as persons with disabilities. The City additionally supports efforts to: · :. Develop additional rental housing for very I~-income households. Expand shared housing matching programs to focus on assisting persons with special needs. · .*. Expand federal and State programs to meet the housing needs of persons with special needs. o:. Make the Section 8 pr0gram more ~cessful for persons with special needs. · ;o Increase the awareness of the housing ana ~rvice needs of persons with special needs.¢ ~.~ · .'o Promote C6Operation~ ~nd sharing'*bf.hbusing information among the various groupS*~d organiza~i0Ds working:~ith persons with special needs. o**. Encourage projects that prowde I~nked services and servmes on-s~te, ~nhous~ng Commumty Development Needs -- Nonhous~ng community ~evelopment needs ~nclude public service, infrastructure economic development and ~other development~eeds,~n the community that have an mportant mpact en the v ng corld~t~ons of residents. For example although job tra~mng may not d~rectly relate to housing, job tra~nm ~g could allow an ~nd~wdual currently I~wng below the poverty level the opportbhity to find ~mployment that will help him or her afford a market rate apartment ~n today s exDens~ve housing market. As HUD guidance states, the purpose of addressing a commumty s non-housing needs, in add~bon to ~ts housing needs, ~s to help create more hvable, better functioning, and more attracbve communlbes by integrating economic, physical, environmental, community, and human development programs in a comprehensive and coordinated fashion so that families and communities can work together and thrive. Table 2B describes the priority level for a variety of nonhousing needs and, where possible, assigns an estimated dollar amount to meet the need. This table takes in to City of Cupertino account several funding sources, such as General Fund moneys, that are anticipated to be used to address these needs. Among the highest priorities for the City are services to address senior needs, support to survivors of domestic violence, and a host of infrastructure needs. Although a particular need may have received a "low" ranking, it does not mean the need is unimportant to the City. Rather, in some cases a "low" designation signifies a particular need is addressed through the efforts of the County, such as lead hazard screening. Additionally, even those priority needs ranked "low" may receive ~u.ddin~ from time to time, such as services for youth. Although in absolute numbers Youth services needs may rank Iow, addressing the needs of youth is important to the CitY~ . With respect to economic development needs, the City doeS Provide services to businesses but in the form of technical assistance rathe~ than fUnding. Barriers to Affordable Housing at Address Negative ; -- As previously described, the Housing Element pro~'ides details on the constraints to the development of housing, and affordable housin~ in parti~lar. At the local level, the City has established incentives and waivers to helP offset the cost of providing affordable housing (see implementation plans, above)~'and provides funding assistance for the development and preservat on of affordable hoUSing. In= addition, the City will continue its efforts to ensure that ts zoning designations ~l!ow ~°r the broadest range of housinc~tv~esatvar'ous'ncomeS' "~:~. Lead-Based Paint Hazards - As n~ed ~n[he needs analys~s the number of un~ts w~th potential lead-based paint hazards is p[o~ably les~.than 500. Lower-income households will occupy~so~e percent~ of these" units, but how many is not known. In add t on to working w~th the~County Hea t~ Depa~ment to ~denb~ and assist a y ch dren with elevated bloo~:;~ead evels, '~e ~ity will, as pa~ of its effo~s to address the rehabilitation needs of its h~US~pg stock,: prowde assistance to persons seeking m t gate lead ~a~rds in t~?~ ;? Antipove~y StrategiC, Pove~y rates in Cupe~ino are significantly lower than in other areaS~f the ~bunt~, an~in California. Based on 2000 Census data, only about 4.8% o[the populatioh is living 5~ the federal pove~y level. Although this figure is an ~ih~rease over the p[ior deC'de, it is still substantially lower than the pove~y rates for the State and nation a~¢a whole. Rates, 1990-2000: Cu San Jos6, California and the Nation 1990 3.2% 9.2% 12.5% 12.8% 2000 4.8% 8.7% 14.2% 12.4% % Change I 50.4% -5.0% 13.5% -2.8% Although the City does not have direct control over the existence of poverty, it can have an important role in assisting residents in securing employment and gaining skills that Cit~ of Cupertino 2002-2005 Consolidated Plan Page 26 will he~p them to rise out of poverty. The City is an active partner with a variety of jobs skills training programs, such as NOVA. NOVA (North Valley Job Training Consortium) was formed in 1983 by a joint powers agreement among the six northern Santa Clara County cities of Cupertino, Los Altos, Mountain View, Palo Alto, Santa Clara, and Sunnyvale in response to Federal legislation, specifically the Job Training Partnership Act (JTPA). Currently, NOVA operates as an employment and training agency, administered by the City of Sunnyvale, but operated on behalf of a seven-city consortium composed of Sunnyvale, Santa Clara, Cupertino, Palo Alto; Mountain View, Los Altos, and Milpitas. NOVA provides customer-focused services for individuals seeking retraining and reemployment, as well as for local businesses seeking professional so!~tions for human resource issues. NOVA offers services for job seekers, businesses, and;Youth that include: :> Transition Planning and Assistance:; : Labor Market Research ~,. ~~ · Staffing Assistance · Job Training Programs ¢? ~,~ ~ Job Search Counseling and WorkShops; A Career Resource Center · A Business Service Center ;% ,~:~¢ · Resume/Job-Matching Database '~:;,~,~!;~¢ Though the majority of job seekers served throughNO,~A are "dislocated workers," affected by the downsizing or closur-~ of thei~:~orhp'~n~b~s, NOVA also partners w~th many other orgamzabons to provide cust,om~zed e~ployment and training solutions to populations with special needs, such ~ ~omeless ~/eterans, people with disabilities, welfare recipients, te~ i~=r'~nts, and ol~r w~rkers. NOVA is fund~'d pdmadly b~' grants from the state and federal government, and by local industry. Mui{iple fundin~g ~OS~c~'incg8e the Workforce Investment Act (WlA), Defense Conversion Act, E~blo~,~ent TrainingPanel, Stewart B. McKinney Homeless Assistance Act, Wag~r-Peyser Act, and funds from private corporations. By far the larg~( ~c~ntage of NOVA's $12 million annual budget has come from competitive gCa~nt proposals funded through the U.S. Department of Labor and the State ¢;'Employment Devei~pment Department. in~ i~ addi,t~ion, the NOVA Private Industry Council was established to gu de the agency in its mis~ibn to provide Iow cost and efficient job train ng and emp oyment programs. The council ~ ~ pd~ate/public partnership involving local government, business and industry, lal~¢i education and training systems, employment services, and community support org~hizations. The City of Sunnyvale agreed to administer NOVA. Since its formation in 1983, NOVA has averaged a 23% growth rate in both the number of individuals served and the resources available to serve them. In program year 1983- 84, NOVA served 2,009 individuals. By program year 1996-97, NOVA was serving over 9,500 individuals and had an operating budget of over $10 million. NOVA's continued growth is made possible by the organization's willingness and capacity to engage in City of Cupedino 2002-2005 Consolidated Plan 1© t~{ Page 27 ~ multi-agency partnerships, adapt services and technologies to meet customer needs, and successfully link employers with the candidates they need. Another job-training and skills program operates out of DeAnza and Foothill Colleges. The mission of the Occupational Training Institute (OTI) is to support economic growth in Silicon Valley by preparing individuals for career opportunities while concurrently providing employers with qualified employees. This program provides high quality employment focused skills training within the Foothill-De Anza Community College D str ct S nce 1975, OTI has prepared clients in a very short time fr~ (o re-enter the workforce. OTI provides services to thousands of clients seeking employ, able job skills and job placement services. Many clients focus on certificate programs at either the Foott?l or the De Anza campuses. However OTI Training AdvisO~ are skilled at deSigning customized programs tailored to meet clients' specifi~ ne~s. OTI provides a ~el~Ction of training programs that have been tailored to m~i the local job market. To link job seekers with employers OTI .p, rovide~ accessible staff, placement expertise, and a thorough knowledge of our clients skills. A~ Part ~f th'b Foothill-De Anza Community College District, OTI works closely with all workforce education programs and is committed to responding to employer needs. OTI provides employment training at no cost for eligible individuals. If eligible, OTI will pay f~c~c~,oii~ge fees, books, and requ red c ass materials. All clie~t~ ~pl~ing a training p.~gram through OTI receive job preparabon classes designed to: address jo~earch and careers ~n the 1990's. Support services ~nclude referrals to ~:~ddc~re prowders, transportabon, financial a~d, and tutonal services. Other services and re~rerrals are ava lable on an as needed bas s. ·., ~'~,:~ ~' ~, . . . A total of five fam!l~es are partm~pat~ng i~th~,~VVelfare to Work Housing Program ~n Cupertino. Durin~'their thr~ years in th'~gram have been case managed by the County Housig~ Authority th'ensure their:~ccess in transitioning from Welfare into self- sufficiency.~,, ~:~.. ~i ' According to: the MetrS~olitan Transportation Commission, transportation is a real bar~:~ ~0r indMduals m~kipg the move from welfare to work. It's not enough for C~IWORKS participants tO fi~cl jobs -- they must figure out how to get to those jobs. ~That means they h~ve to c~hsider all their transportation options -- driving, buses, tr~(ns~, bicycles and ~o on -- even as they look for jobs. Social service staff members who'~Jssist them m~st also be aware of part c pants' transportation needs and options, as well ~s~how t~ obtain informatlo about these options. These resource guides, published by MTC, are intended for use by staff members at social servic~ and community-based organizations who provide direct assistance to CalWORKS participants. These guides are not intended to replace schedules and route maps available from individual transit agencies. Their purpose is to give CalWORKS participants and their advisors a general idea of what kinds of options are available and how to get more information about them. They include an overview of all the transportation options available to CalWORKS City of Cupertino 2002-2005 Consolidated Planpage 28 participants in four core counties, as well as instructions for how to get more detailed information by phone, in person, via the Internet and by mail. Also included is information about support for different options: subsidies for transit riders, Park & Ride lots for ridesharers and guaranteed ride home programs. Institutional Structure and Coordination - Key participants in the institutional structure include the federal, State and local government; nonprofit and for-profit organizations; social service agencies; and several major financial ir)~tit~tions that provide valuable capital. The Continuum of Care Plan, the Housing Element, Fair Housing Reports, and other documents related to community d~V~!,opment describe in detail how services are delivered and the interrelationship among var!ous public and private entities. ~ In addition, the City of Cupertino is an active participar~t:in.!he COuntywide CDB~; Coordination Committee, comprised of CDBG repreSenta'[i{/es from each en{i'~!e~ent jurisdiction in Santa Clara County. This group jo!~tiy funds surveys and studi~'~ (such as the homeless surveys and the recent fair h~Using stud. y), works togethe~ ~o brainstorm new approaches to housing and cOmmunity ~deV~lopment concerns and collectively implements a variety of regional planning ~measures intended to address issues of mutual concern. :~ City of Cupertino 2002-2005 Consolidated Plan Page 29 ONE-YEAR ACTION PLAN Summary of Funding --The City of Cupertino will receive a CDBG entitlement of approximately $474,000 for fiscal year 2003-04. This is Cupertino's first year as an entitlement jurisdiction receiving the CDBG grant directly from HUD. Of the $474,000, 20% or $94,800 can be used for administration, including fair housing services. Fifteen percent, or $71,100, may be used for public service activities. HUD regulations require that projects selected for funding benefit-'~/ery IoW and Iow- income households, eliminate a blighted area, or address an urgent(emergency) community need. In addition, only certain types of activities qualify under the CDBG regulations. Some examples of eligible activities are: removal of barrier§ to the handicapped, public improvements, public services, affordable ~ousing proj( rehabilitation and property acquisition. ~ Federal regulations do not allow more than 15%of the grant (excluding administration) be used for public services. To determine thb pbblic se~ice cap, staff takes 15% of the total grant amount plus income earned during the pr~vio'us year. For the 2003-04 fiscal year, the public service cap has been set at $71 ;!00. Public service activities benefit very Iow and Iow-income households and include activities such as childcare, p acement services sen'or egal services, etc. Other Funding Sources--The Cit~f Cupe~no ~o ~rowdes $102,200 ~n General Fund Human Service grants to six a~enci~rovi~J~g §ervices to Cupertino residents. These grants are administered by thb*City~ Manager's Office. A list of the agencies awarded funds for 2002-03 may be fo~ on Pag~ 1 of the Five-Year Strategy. In addition to the Gen~:~al FUn~ Human S~'~ice,Grants and the CDBG funds, the City of Cupertino also utilizes $50,000 of the B~i~ ~Market Rate Program in-lieu fees (Affordable ~5~sing Fund) to fund the ?JP~rtino Community Services (CCS) Affordable Placement P'i:og~m. RFP ~rocess-- In MarCh staff distributed a notice of funding availability to app~imatel'~ 30 organiZationS: Out of those organizations, ten proposals have been rbCeived. A brief description Of each proposal along with the staff recommendation ~follows. RO~t~ng Shelter Program CU~l~b~iP~Community Services, Cupertino 2000~0~ Grant: $25,000 2001-02 Grant: $25,000 2002-03 Grant: $25,000 2003-04 Request: $25,000 Annual Goal: Provide a maximum of 90 days shelter to 60 to 65 homeless persons per year in chumhes located in Cupertino, Saratoga and Sunnyvale. The program also provides counseling and City of Cupertino 2002-2005 Consolidated Plan other support services to help stabilize the guest's long term housing situation. Description: A total of 11 churches and one synagogue in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 11 of which are "host" churches. Each of the "host" churches provides shelter for a 30-day period. These "host" churches have the responsibility of prOviding the guest with meals, YMCA passes for shgwers etc. CCS provides additional support to the sheltbr guestS, including job counseling and assistance in finding transitional and permanent housing = .. The agency is requesting fUnds to primarily cover personnel costs for the program and to supplement their op'erating budget. The program is also requesting $14,000.fr0m the city of Sunnyvale, $18,480 from the city of San 'Jose, and $8,500 from the cobnty of santa,Clara. Total project cost is $144,178. ~ Recommendation: $25,000 Cupertino Community ServiCes has been very sucCessful in administering this program and it remains onbof t~'~ost successful rbtating shelter programs in the county. CCS has aP~ ieSto the ~i~ies of San J(~e and Sunnyva e and has been successful at rece~wng County,.Emergency Shelter Grant funding. Staff recommends the City continu8 its C~mitm~{ to the Rotating Shelter Program. Comprehensive ~nce ~ (CAP) Cupertino Commumty 2003 ~.4.~equest: Annual G~5~al: !p~ort services to 1,350 Cupertino residents. ~De~cr ption: Cupertino Community Services has provided support ~ '~ services to the West Valley's Iow and very-low income %~:~ h0~Jseholds since 1973. Support services include a food ~!~ ~-Pantry, clothing closet and rental assistance. i~ecommen~ation: $8,333 ~ .... n T~agency provides necessary services to Cuperbno residents. If more mo ey w~avaii~ble for public service activities, staff would recommend fully funding this ~d~'~ct. With limited resources, staff must take into consideration that CCS rece~ves'~' a significant amount of general fund money for the agency. Staff believes the CDBG public service funds must be used to fund a vadety of services for seniors, battered women, etc. Cupertino Senior Day Services Adult Day Care Sponsorships 2003-04 Request: $10,200 City of Cupertino 2002-2005 Consolidated Plan Page 31 Annual Goal: Provide "scholarships" to six Cupertino iow-income seniors enabling them to receive adult day care at the facility. Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $10,200 As the Cupertino population ages, more seniors are in need of this valuable service. Cupertino does not have a large inventory of s~i0~assisted living units, programs such as Cupertino Senior Day Services prdvides families with an alternative to moving parents and older family members into an ~ssiSted living Senior Adult Legal Assistance 2000-01 Grant: $6,500 . ~ :~'~~.. 2001-02 Grant: $6,500 2002-03 Grant: $11,667 2003-04 Request: $11,667 Annual Goal: Serve 65 Cupertino seniorsi'~:v~ SeniOr; Description: consumer:co W IS al Assistance;(SALA) provides free legal Iow-~ncome semors at the Cupertino '¢~ ~rovided are in the area of ~i~sing, elder abuse, and simple Recommendation: $~11,667 Severe! ~ears ago, t~¢ c!tY counc~[ work w~th SALA to ~ncrease their ~rvi~s, and~f~'dihg ibVel;¢Jackie Baddley the city's Geriatric Social Work Case Mana~r, h&s stated tha~ the increased grant has helped tremendously ¢ during the past fe~ years and would like to encourage the city to continue ~, !. ~' f~n~ling thC agen~a.t ~he increased funding level. Staff supports continuing to fund the aggncy at the increased level. The Support?etwork for Battered Women Domestic ViOlence services for Cupertino Families 2003-04 Request: $5,900 Annua ~Goal: Serve a total of 13 unduplicated Cupertino residents. Description: The Support Network operates Santa Clara County's only 24-hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $5,900 City of Cupertino 2002-2005 Consolidated Plan The Support Network for Battered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city. 6. Social Advocates for Youth School Based Case Management 2003-04 Request: $40,677 Annual Goal: Provide anger management services to 32 unduplicated Iow and very-low income Cupertino students. ~ Description: Social Advocates for Youth (SAY) will provide case management and anger management services to Cupertino students at target schools, Recommendation: $10,000 The program will provide a valuable service to the City of Cupertino sch0(~i~. However the applicant has not demonstrated in the application the ~.ed for this type of servme or whether there are 32 undup mated ow and very- ow ~ncome students that could benefit from the program. Fo~ the first year, staff suggests granting less money and allowing the program tO begin operation. The goals will be reduced to accommodate the lesser grant.' 85% APPLICATIONS: 7. Economic and ?,Servlce~ E~mgram assists Iow and very-low income Cupertino residents with home maintenance and removal of ~:~.~ code violations. Recommendat,on: $45,000 The progran~?ill provide a valuable service to the City of Cupertino since the city no longer ha~ a rehabilitation program. Many applications for the current rehab ~'i~p?ogram administered by the County of Santa Clara, are for small items such as g~9,b bars.,~d water heater replacements. Items such as these would be handled tl~i:ough this program. City of Cupertino 2002-2005 Consolidated Plan Page 33 ADMINISTRATION/FAIR HOUSING FUND: 8. Project Sentinel Fair Housing Services 2003-04 Request: $6,996 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (6 cases a year). Description: Provide fair housing assistance to the City of CbPertino, including conducting presentationsl CoUnseling housing providers, and investigating allegations of discrimination. Recommendation: $0 The program will provide a valuable service?the 'City of Cupertino, ~W~er Mid-Peninsula Citizens for Fair Housing ha~ been providing Cuperti~o!~'fair housing services for many years. Staff r~ommen~s continuing to c~ntract with Mid-Peninsula Citizens for Fair Housing? ~ 9. Mid Peninsula Citizens for Fair Housing Fair Housing Services 2003-04 Request: $10,200 Annual Goal: Fair h~bsi~ edu,~ation to the h~s ng ndustry nvest gat ng allegahons of d~scnm~nabon (6 cases a year) Description: Provide fa~[hoUs~ng assistance to the c~ty of Cuperbno ..~ ~nclud~ng conducting presentations, counsehng housing .~? ..... ~)roviders, a~ investigating allegations of discrimination. Reco~ m~%ndation :, $~10,200 The program?Il prowde, a valuable service to the C~ty of Cupertino. M~d- Peninsula C~t~z~jns for Fair Housing has been prowdmg Cupertino s fair housing ~ services for many years. Staff hkes the consistency of having M~d-Pen~nsula ~ ~;itiz(~'ifor Fair ~Ousing continue the program. Staff would like to require that ?~?' the agency be require~ to meet with local apartment managers annually to ~ review fair Ii~using I~w and provide informational meeting for tenants on fair '~using. '~ AFFORDABLE HOUSING FUND: 1. Affordable Housing Placement Program Cupertino Community Services, Cupertino 2000-01 Grant: $30,000 (CDBG: $3,007; AHF: $26,993) 2001-02 Grant: $50,000 (CDBG: $5,167; AHF: $44,833) 2002-03 Grant: $50,000 (AHF: $50,000) 2003-04 Request: $65,000 City of Cupertino 2002-2005 Consolidated Plan Page 34 I~,.~- I ~)~) Annual Goal: Provide placement and necessary support services to 75 households (225 individuals). Continue current services and expand the program to encompass the entire BMR program. Description: Cupertino Community Services has been responsible for the screening and placement services for ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list f0~.~qualifled applicants and provide services to those Placedin the affordable units. The agency purchaSb~ a fourplex on Greenwood Court that serves as tr~nSiti~)nal housing for the Rotating Shelter Program. Recommendation: $50,000 (AHF: $50,000) The agency has successfully performed the ~eces§ary task of screening and placement for Chateau Cupertino, City ce.nter Apartments and compi!ing waiting lists for the below market rate program. Cupertino Community ServiCes also continues to expand services beyond the scope specified by the City. The city of Cupertino oversaw the Below Market Rate program and monitored the BMR rentals at Forge-Homestead and Aviare.Apart~ents. However, limited staff time made auditing the Aviare and Forge-Ho~est~'d programs impossible. Last year's $10,000 fundibg in~reas§~gnabled CCS ~ ~evote a full-time employee to the program. This em~I~ee, is respo~sible for auditing Aviare and Forge-Homestead Apartments~', as well 'as h~hdling all BMR ownership resale requests. The staff person w°b!.d -a's'~o asse.,~e procedura manuals for both the ownership an~,..ental programs:~These manuals will assist any new staff person taking over t~ ~'r~ram as well ~s. document procedures. The followin~ble summariZes these pr01jOsed allocations. Summary: Proposed Allocations Prog $84,600 Rotabng ~helter: $25,000 CCS - Compi;ehensive Assistance Program $8,333 Cd'~?,rtino sehior Day Services $10,200 Se~..or Adults Legal Assistance $11,667 Su~ort Network for Battered Women $5,900 $10,000 S~ial Advocates for Youth .EConomic and Social Opportunities $45,000 ect Sentinel $0 Mid-Peninsula Citizens for Fair Housing $10,200 Unallocated (85% fu nd) $263,100 Sub-Totah $474,000 Afford~ble Ho~Sing Fund: CCS- Affordable Placement Program $50,000 Sub-Total: $50,000 TOTAL: City of Cupertino 2002-2005 Consolidated Plan .a e 5 Housing Element Actions -- In addition to these funding allocations, the following specific actions will be undertaken as part of the Housing Element process to address housing and community development issues during the one-year plan period. Implementation Proqram 2: Land Use Desi~lnations In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation or zoning. '~.he City will change land use designations/zoning to reflect the density ranges necessary to implement Program 1. Time Frame: 2003 Responsible Party: City of Cupertino, Planning Department Quantified Objective: North DeAnza District: Revise zoning so that all 8.57 acres are zoned at a minimum of 35 units per ac~e~. Homestead District Re~iS~ z0~ing of 4.1 acres t~ 50~nits per acre so that a total of 12 acres are zoned at 50~its per acre. ~ South DeAnza District ~, Revise zoning so that 8.73 acres are zoned at a minimum ~)f 15 units per acre. Implementation Program 5: Housing Mitigation Plan - Office and Industrial Mitiqation The City will continue to ~mple~ent the "Office and Ind~strial Mitigation fee program This program req~ ¢~.S~t~'~t d~elopers of o~ and industrial space pay a fee, which w~ll then be us.~d to su~o~a..ffor,d, able housing for fam~hes who work in Cupertino but live elsewhere. ~.l'i~ ~.;~.re collected and then deposite,d, in the, City's Affordabl~,p.u~ing Fu~d'. The City will conduct an updated nexus .study to determiri~.whether the manner in which fees are calculated ~s still appropriate.~ ~** Time Frame? 2002-2003 Co~?_t~ updated nexus study Responsibi~ Party: City o~,Cupertin~, Planning Department Implementation Pro~rar~*10: Surplus Property for Hous~n.q n conjunction witt~ I~cal public agencies, school districts and churches, the City ~. :f~iiJ=cl~{;~-i~P a list o¢~urp!us property or underutilized property that have.t.he ~., ¢;' potent a fo~ ~;esident a development, compatible with surrounding dens~bes. ;~;:;~-~; Additionally I?.g-term land leases of property from churches, school d~stnct comorations f~ construction of affordable units shall be encouraged. Further, ~'~h~feasibility ~developing special housing for teachers or other employee gr~ps on the ~urplus properties will be evaluated. Teacher-assisted housing progi'~ms id~r~eighboring districts, such as Santa Clara United School district, will i~e revie~'cl for applicability in Cupertino. Time F~me: 2002-2003: Develop list of surplus properties and evaluate feasibility of developing residential units on properties. Responsible Party: City of Cupertino, Planning Department Implementation Program 11: Jobs/Housinq Balance Proqram Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the Cil~lt~c~ 2002-2005 Consolidated Plan Page 36 eveluate the impact of any application thet will produce additional job in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to the jobs/housing ratio in the Gity. In 2001, ABAG's estimate of the Gity's job/housing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the Gity will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. Time Frame: 2002-2003: Develop procedure to evaluat~ job:Producing development proposals. Evaluate feasibilitY of policy and/or program that ties new job production to housing production Responsible Party: Gity of Cupertino, Planning Implementation Program 13: Density Bonus Program The City's Density Bonus Program provides for a defi~ity bonus and additibnal concessions for development of 6 or more un,ts that prowde affordable housing for families and seniors. Included in the cor~essions are reduced parl~i'~g standards, reduced open space requirements, redu6~d setback requirements, and approval of mixed use zoning. The City will change the Ordinance definition of affordable unit to housing costs affordable at 30% of household income for very Iow and Iow-income households. Time Frame: 2003-2003 Change affordability definition Responsible Party: City of C~p~rtjno~lanning Department Implementation Program 15: Residential and: Mixed USe Opportunities In or Near Employment Centers ,tT~, ,~~ The City will encourage mixed-use development and the use of shared parking facilities in or n~'~ir'emP!oyment ceSters. In addition to the development opportunitie~ ~vailable through the "t:l~'f~ of the City" Specific Plan, the City will evaluate ~lie possibilitY b~fallowing ~re§i~ential development above existing parking~reA~;,!n specifiC:, ti~Sear~as would be near or adjacent to employment centers and c(~ld provide additional opportunities for housing. ~ime. F[a~e: ~?~ 2002 - 2003 Evaluate parking opportunity sites ' 2002 ~ 2003 Evaluate incentives that may be offered to ::~' ~;~ ' encoUrage residential development in or near employment ~ centers. '~;Responsible P'~rty: City of Cupertino, Planning Department Implementation Proqram 16: Redevelopment Housing Set Aside Fund The City has'established a Redevelopment Project Area, from which tax ~ncrements funds are co lected. A m~mmum of 25% of tax increment funds will be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element. Time Frame: 2002-2003 Develop policies and objectives for use of Housing Set-Aside Funds Responsible Party: City of Cupertino, Planning Department City of Cupertino Implementation Program 24: Preservation of "At Risk Units" The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31,2004. However, the development is considered at Iow risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. However, the City will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. Time Frame: 2003 Initiate contact with owner and HUD to determine status of subsidy renewal. Responsible Party: City of Cupertino, Planning Departm'ent. Quantified Objective: 100 units preserved as affordable housing. Implementation Proqram 26: Rental Housing Pres~tio~ Program The City's existing multi-family rental units pr'5~ide housing opportunities fbr households of varied income levels. The C? will develop and adopt a :~rogram that nc udes the following guidelines: ~'? When a proposed development or redevelopment of a site would cause a loss of multi-family rental housing, the City will grant aPprOval only if at least two of the following three c~rcumstanoes ex~st. · The project will produce :at !9~st a 100% increa§'~;!Q ~'e number of units currently on the site and'"~vill'c6m~!y with the Cit~.S BMR Program, and/or · The number of rental ~nit~to be ~v!d~ on the ~ite is at least equal to the number of existing renal u~]t~, an~lb[ · No less than 20% of the uni~ wili ~°mply~i{h the City's BMR Program. Further, the preservation progran~'~i~il include ~ requirement for a tenant re ocat on p a?~ tt~ previsions for r~location of tenants on site as much as possible. ~F ~ Time Fra~ 20(32-2003 Desi~'~ Program Responsible Party: ,,CRy of Cupe~no, Planning Department Implementation Program 27: Conservation and Maintenance of Affordable Housing /Develop'~iprogram tO:encourage the maintenance and rehabilitation of .~ residential structures ~ preserve the older, more affordable housing stock. ~,~ Tme Frame ,:~ 2003-2004 Design Program ~ '~.Responsible P~rty City of Cupertino, Planning Department Implementation Program 30: Fee Wmvers or Reduction for Ener,qy Conservation The City will ~valuate the potential to waive or reduce fees for energy conserVatiOn improvements to residential units (existing or new). Time F~me: 2002-2003 Responsible Party: City of Cupertino, Planning Department Implementation Program 31: Cupertino Community Services (Homeless Services) Cupertino Community Services (CCS) manages transitional housing and administers the "Continuum of Care" services for homeless, including the rotating shelter program. In order to facilitate any future emergency shelter needs, the City of Cupertino Page 38 City will revise the Zoning Ordinance to allow permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Funding Sources: County of Santa Clara Urban County funds and Federal funds. Time Frame: 2002-2003 Revise Zoning Ordinance to allow permanent emergency shelters in BQ zones. Responsible Party: Cupertino Community Services. Fair Housing Actions -Federal fair housing law requires local juri'sdictions to "affirmatively further fair housing" as follows: 1. Conduct an analysis to identify impediments to fair housing choice within the jurisdiction. :~ ,,,~:~ ~,~-~:' 2. Take appropriate actions to overcome the effects of'any impediments identified through the analysis. 3. Maintain records reflecting the analysis and actions take in this regard. HUD interprets those broad objectives to mean: 4· Analyze and eliminate housing ~iscrimination in the j~Sdiction. 4· Promote fair housing cholce~for all pffr~¢ns. 4. Prov de opportunities for inclusive patterns of~ housing occupancy regardless of race color religion sex familial st?*t~'s disa~iii{y and national origin. · :. Promote housing that is structurally accessible to and usable by all persons, particularly persons with d~sabdlt~es. · Foster. cbi~pliance With the nondisgdmination provisions of the Fair Housing Act. To meet these obje, cbves¢'the City of Cupertino w~ll undertake the following acbons - many of which are 8i'reStfy incorporated from the Countywide Al under which Cupertino has ~b..~en a pa~icipani;~ as pa~ of the One-Year Plan objectives: ~17 Prepare the City of Cupertino s Analys~s of Impediments to Fair Housing Choice, E~;¢~ ~denbfy~ng ~mped~ments and developing concrete recommendabons to address '*~ these conce'~'~ s. 2. Consider fu~,~ding a service agency (or agencies) whose specific respo ' ility wiE.~e tQ provide public outreach services to foster awareness of and support for ~q,s~'*'*n' g law to inform shelter seekers of their rights and remedies; and to fair publiCiZe the availability of the services within the City and the County. Activities will include attendance at public functions and festivals, holding meetings for apartment complex owners and managers, and conduct meetings with tenants. 3. Consider funding a service agency (or agencies) whose specific responsibility will be to provide direct assistance to persons seeking to exercise their rights to equal access to housing, through information and referrals, consultations, and case management. City of Cupertino 2002-2005 Consolidated Plan I~) ~ Iq 5 Page 39 Continue supporting the preservation of the existing housing s[ocl~ and encourage the development of affordable housing whenever the opportunity exists. To address the issue of a lack of sufficient funding to provide subsidized housing, the City supports the use of leveraged funds as much as possible in order to maximize the benefits of the funding. As noted in the needs section, a recent report, commissioned by all of the jurisdictions in Santa Clara County, provides updated information on housing discrimination in the County as well as an analysis of services provided by fair hous ~g 0rgani~tions. Incorporated by reference and entitled Fair Housing in Santa Cl~ra ~ounty: An Assessment of Conditions and Programs, 2000-2002, this report makes a series of recommendations to address Countywide fair housing conce~8~. Although these recommendations have not yet been adopted by the vadous jurisdictions in the County, the City of Cupertino supports these recommendations in doncept and will t~ke.'~Ction during the program year to ratify some or all of these, as appropriate. The ,'~ recommendations are as folio s: · Establish a Fair Housing Collaborative Task Force -- The report recommends that a collaborative task force, me~ting on a regular basis, be established to address systemic fair housing isSUe~, the collective goals set by funders for the fair housing community, and to foS{~ be~er information-sharing and familiarity with progr~S. The ~k force could~jary a lead role in implementing the fair hObsi~g prog'~"age~da of t~'e combined Santa Clara County CDBG jurisdictions, S~ch ~ spebifi~substantive recommendations outlined in this chapter. Continue the Benefits of Coordination at the Local Government Level - The repo~ ~comme~ds that the ~(isti~g CDBG Coordinators' group select representatives who w~ll have a special oversight respons~bd~ty for fair housing activities Oha count~ide ba~? One of the responsibilities of these coordinator~ ~ouid be the development of criteda for conducting cost-benefit !alyses of fair housing services across jurisdictions. Make ImProvements i~ fair housing services and structure: a) The report [ecommends that all of the County jurisdictions contribute funding to the "specialty" f~air housing efforts, and that the "oversight" exercised by Project Sentinel over the current (~ollaboration be shifted to the Fair Housing Task Force. monitors should annually retain an outside expert on testing and les to conduct site visits at the primary fair housing providers and assess mvest~gabon and tesbng quahty. Fair housing funders should use these eV~ihations in making programmatic and funding decisions. c) Most of the existing fair housing organizations have at least one attorney on staff; however, the report suggests that the fair housing organizations could do significantly more to develop an in-house litigation capacity. d) The report recommends that CDBG jurisdictions find a way to integrate the San Jose office of Bay Area Legal Aid into its long-term funding structure. BALA has done outstanding work in fair housing services, fair housing litigation, and investigation of City of Cupertino 2002-2005 Consolidated Plan Page 40 o o r~redatory lending probiern~ in the County. Develop new sources of fair housing funding - The report recommends that CDBG jurisdictions pursue two ether sources of funding. The first of these is funding from HUD's Fair Housing Initiatives Program (FHIP), which distributes about $20 million in grants annually across the nation for the development of model fair housing programs. The second promising source of funding is litigation. If the fair housing network seeks attorney fees in successfully litigated cases, or contingent fees in settlements, this can provide a~tJ6~n[ial and self- sustaining source of funding for continuing enforcement wOrk. Establish proactive .goals for the Fair Housing Community aimed at steadily reducing fair housing problems - The rePOrt suggeSi~ that the CDBG jurisdictions develop specific, comprehensive g0a!s for the fair housing community. ,~.. Measure forms of discrimination and deterrent impact of existi6~ enforcement activity -- report recommends that program of systematic, randomized housing audits by instituted. Over time; this would generate a robust source of information on discriminatio~ I&~,els, variations across the County, including Cupertino, and trends over time.. Better public education ~The report recommends t~at the Fair Housing Task Force take a lead role ~n developing public ~utreach campaigns that have a countywide orientation and that jointly"p[Jbli~iz~ the services of the various fair housing organ~zabons. Such pubh~ educabon efforts ought to reflect actual and unique conditions that exist in S~ta Clara ~ounty. Some specific outreach strategies could ~nclude: ~ a) Working with reporters in the local mecli~ t'~ 0 do "investigative" stories on important fair housing problems (e;g: banks with.deficient lending records, apartment buildings with restncbve occupancy levels). , b) Giving short talks on fair housing issues at forums primarily devoted to other topics (e.g., churches, labor union meetings, community organizations). c) Improving'systematic information and communication with social service agencies in the d) Developing an integrated set of Public Service Announcements from all of the coordinated :,fair housing agencies, to be broadcast and published regularly through a coordinated ;agreement with local media outlets. Negotiate more responsive behavior from problem banks -- Some financial institutions in Santa Clara County are pursuing underwriting standards or other practices that have the effect of denying credits to Blacks (and to a lesser extent, Hispanics) at a disproportionate rate. The Task Fome might be an excellent vehicle to implement a strategy for improving bank performance. Support investigation and litigation aimed at predatory lenders -- The flip City of Cupertino 2002-2005 Consolidated Plan Page 41 10. side of lower access to conventional loans by Hispanics and blacks in Santa Clara County is higher targeting at these groups by "predatory" or "subprime" lenders. A coalition of fair housing organizations has been working to assess the scope of regional predatory lending, which local jurisdictions should support. Monitor compliance with protections for the disabled -- Currently, compliance with the fair housing laws concerning persons with disabilities is haphazard, though much good work is being done. The repo~'~uggests that the Task Force be charged with developing a strategy for periodiCallY monitoring ~nd~v~dual c~t~es for comphance. Th~s would ~nclude the following: a) Development of a census of group homes in Santa Clara Co~ty, and ~als for individual cities to encourage development of their "fair share". ~ :~ b) Determination of whether individual cities are propedg' ¢hi~nitodng the constru~ii~n o~; multifamily housing to comply with requirements~o.f fair ho~ing laws. c) Meetings with land use officials from individual cities to !dentil7 areas of existin~ land use regu atons that shou d be rev sed to come nfo conformity with current standards. d) Training of land use officials On the fair housing accessibility requirements. City of Cupertino 2002-2005 Consolidated Plan ID Page 42 MONITORING STANDARDS The City of Cupertino follows the monitoring requirements for the use of federal funds as directed by HUD. For example, the City is required to prepare Quarterly and Annual Reports for the use of CDBG funds, which will be submitted to the Housing Commission and the City Council to ensure there are appropriate internal "cross check" controls over the use of funds. Subrecipients are monitored for compliance with CDBG regulations and for success in carrying out the goals and objectives defined in their CDBG contract. Each year, program staff define priority areas for the monitoring program b~s~d on local and national trends and concerns. During site visits, the City spot checks Client files to confirm income eligibility and other guideline compliance, and reviews the agency's performance with respect to the services identified in the contraCt. Specific questions to be addressed include: · Is the project operating within the approVed bUdget1 !f not, why not? · Has there been an audit of the agency? If so, a copy is obtained and reviewed· If not, why not? · Where there is program income;what is the process fo~[epOrting and using it? · Do accounting records ade~ibately idbhti~ the use of CDBG funds? · Are accounbng records supported by source documentabon for vendors 0nvo~ces purchase orders bme sheets contracts etc.). · Can the agency document use of f[i'5ds through records such as payroll ledgers, cancelled ch~, receipts ledgers, ~nk deposit tickets and bank statements, time sheets and~tracts fo~:~ervices? · Is the informati0p rev ~ed, b~ a~!t~visit consistent with the records maintained by the agency and ~ith'~data previously, provided to the City? · what ~mCg~ure d6~s ~he s~brecipient use for procurement? Is it consistent with ~ Circular ALi~ 0 (nonprofits) 5r A-102 (governmental entities)? ;:-,~ Are the actua measurab e accomp shments of the project to date proceed ng ~,~:according to contract projections? If not, why not? · Is th~ project prowd~ng the full scope of seduces dehneated m the contract? If not why not? · What are::~he number and percentage of Iow and moderate-income people se~ed by the project? · How does the project prove that it se~es Iow and moderate-income people? · Does the project se~e minority populations? What is the method of outreach? · Is the project on schedule? If not, why not? · How does the agency evaluate the effectiveness of the project? City of Cupertino 2002-2005 Consolidated Plan Page 43 · Does the project conform to any additional terms of the contract? · Has any work on the project been subcontracted? · What effort was made to employ local residents and use local businesses and contractors? · Is the agency complying with equal opportunity requirements? · Is the agency complying with disability access and nondiscrimination requirements? Subrecipients are reimbursed for expenses incurred on a quarterl~ basis U~on submission of full documentation of all expenses. Reimbursements are made only for line items contained in the budget of the contract between the agency and the City. The City additionally monitors its housing and community development goals by reviewing the implementation of various strategies outlined in the Consolidated Plan to ensure the targeting of assistance to priority grou~, as identified. The mon i~ring process also includes solicitation of input from:the Housing Commission an'd the Steering Committee on the Consolidated Plan and the aS~bciated Performance Report. These entities advise the City Council on housing pOlicY ~atters. Each update of the Consolidated Plan is also subject to extensive public ~eview and comment, prior to submission to HUD. City of Cupertino 2002-200§ Consolidated Plan Page 44 TABLE IA Homeless and Special Needs Population Individuals Eme~, ency Shelter 20 15 · ,-5~ L Beds I Units Transitional Housing 15 11 -4 + L Permanent Housing 14 10 -4 L Total 49 26 -13 Job Training 24 3 -22 H Case Management 20 14 ~ -6~, L Estimated Substance Abuse Treatment 8 0 -8 L Supportive Mental Health Care 35 0 -35 H Services Housing Placement 29 12 -17 Slots Life Skills Training 24 3 -21 H Other Chronic Substance Abusers 7 1 -6 L Seriously Mentally III 7 ~" :0 -7 L Estimated Dually - Diagnosed 1 0 -1 L Sub- Veterans 6 0 -6 L populations Persons with HIV/AIDS 1 0 -1 L Victims of Domestic Violence 27 1 -26 H Youth 3 ~ 1 -2 L Other Disabled Populations · 6 0 -6 L Persons in Families with Children Emer,qency Shelter ~ 31 23 -8 L Beds / Units Transitional Housing 15 14 -1 L Permanent Housing '~ ~ 12 8 -4 L ;~ Total '~ ~ 58 45 -13 ,~. Job Trainin,cJ ~'~' ,' ~~ 41 4 -37 H Case Mana,~ement 31 23 -8 L Estimated Substance Abuse Treatment 12 5 -7 L suppo~!ve, Mental Health Care 21 2 -19 M se~i~e~" :~: ~; Housing Placement 28 22 -6 L Slots Life Skills Training 41 4 -37 H Other Chronic Substance Abusers 10 0 -10 M ~ Seriously Mentally Ill 11 80 -3 L EStimated Dually - Diagnosed I 0 -1 L Sub-~% Veterans 9 0 -9 L populations Persons with HIV/AIDS 0 0 0 L ' i,!~ Victims of Domestic Violence 9 1 -8 L ~ :;:?' Youth 3 1 -2 L Other Note: these estimates are based on extrapolating data from the Countywide Continuum of Care Plan and may not exactly reflect the needs or inventory available to homeless persons in Cupertino. These figures were dedved by attributing a pro rata share of each category based on the pro rata share of population in Cupertino versus the total Countywide population. City of Cupertino 1o le/ / 2002-2005 Consolidated Plan ~ Page 45 Priority Needs of Special Needs Populations Elderly Frail Elderly Severe Menta illness Developmentally Disabled Phys cally Disabled Persons w/Alcohol/Other Drug Addictions H M $6 000,000 $2,000,000 40 16 L SY,000,000 10 M "~'$Z250,000 10 M $2,800,000 27 $1,550,000 120 4O 2O 45 56 31 343 655~, L 10 Persons w/HIV/AIDS L $0 Other (homeless, victims of domestic violence) $17,150,000 $32,750,000 L TOTAL 228 City of Cupertino 2002-2005 Consolidated Plan Page 46 TABLI: Priority Needs Summary T~ble Renter Small Related Large Related Senior All Other 0-30% H 121 64 31-50% H 95 51-80% 33 '~ 38 Owner (BMR ownership uni Special Needs (Rotating shelter HOusing authori~~ numbers and support Network, ~'~ !,'~.~ ~ Total Goals 0-30% 41 3 31-50% M 43 41 51-80% L 32 0-30% 31-50%: Si-8o% 0-30%; M 65 65 30 21 25 10 L 0 0 31-50% 0 0 51-80% L 0 0 0-30% H 104 25 ~i-50% M 64 3 51-80% L 56 40 0-80% H 343 115 518 Total 215 Goals ?~ 518 Total 215 Renter Goals~ ~ ~ 450 Tota! 2~.5~.Owner Ooa,~ 68 City of Cupertino 2002-2005 Consolidated Plan TABLE 2B Community Development Needs PUBLIC FACILITY NEEDS (projects) Senior Centers Handicapped Centers Homeless Facilities Youth Centers Child Care Centers Health Facilities Neighborhood Facilities Parks and/or Recreation Facilities Parking Facilities Non-Residential Historic Preservation Other Public Facility Needs INFRASTRUCTURE (proiects) Water/Sewer Improvements Street improvements Sidewalks Solid Waste Disposal Improvements Flood Drain Improvements Pedestrian/Bicycle Facilities ': Traffic Facilities ~UBLIC SERVICE NEEDS (people) Senior Services Disabled Services , Youth Services , Child Care Services Transportation Services Substance Abuse Services Employment Training Health Services '-: Lead Hazard Screening Cdme AWareness m~sti lence s DO c Vio upport Food, Clothing and Other Basic Needs CONOMIC DEVELOPMENT ED Assistance to For-Profita(businesses) EQ Technical Assistance(businesses) Micro-Enterprise Assistance(businesses) Rehab ~ublicly- or priVately-Owned Commer'ci~l/Industd~ '(projects) C/I* Infrastructure Development (proiects) Other C/I* Improvements(projects) PLANNING Planning TOTAL ESTIMATED DOLLARS NEEDED: · See narrative M L M M M 26 ¸ 37 30,000 LF 35O $9,250,000 $1,325,00~ $3,750,000 $375,000 $1,275,00( $5,975,000 $795,000 $595,001 L 32 $40,677 M 37 $55,500 59 M L H L L H M M M $147,50£ $800,00C $750,00( $75,00( $975,000 $875,000 $795,000 $21,86/ $10,00u $10,80, $10,00C 26 $11,700 $5,90( 1,910 $47,750 $8,33; M $750,00C $50,00C $30,893,12; $4,411,90. City of Cupertino 2002-2005 Consolidated Plan Page 48 tO ~ DEVELOPMENT OF THE CONSOLIDATED PLAN: OVERVIEW Time Frame -Cupertino's first Consolidated Plan is effective from 2003 to 2005, in order to be consistent with yet-to-be-released special Census tabulations. Once these tabulations are available, Cupertino will revise its Five-Year Plan based on any new demographic data, as warranted. After the year 2005, the Consolidated Plan will be revised every five years. Lead Agency -Cupertino's Department of Planning, Building and~[o~s~ng.~coordinates the overall completion of the Consolidated Plan, with the supp~.~f other ~epartments, such as Parks and Recreation and Environmental Services..'lt;~s~coordinates input from the public and the City Council, and schedules public ~ea~rings a~ community meetings. Participant Agencies -In addition to the Departmg. bt~ li~t~d above the Cit~ coordinates the Consolidated Planning process ~i~'the following Santa Cla~ra~'Co' -' -"- unty agencies: Housing and Community Development ~+~ City of Gilroy Department of Planning and Community Development '~=~City of M~.untain View Department of Planning ~ity of~.~'o Alto Division of Community C~J'~Santa Clara Department of Commu~ ~,t~?of Sunnyvale Department of Housing County of Santa Clara Housing Authority of the Count, t of Santa Clara The agencies listed aboy.e meet on a~ strategies for add ~r,~e~ssl~o~usmg.~ ~. the ; to share information and )rovide HUD with information regarding issues (such as homelessness). Citizen process for the 'lng table highlights the citizen participation City a total of six hearings on the plan and the were noticed in local newspapers of general and agencies were mailed invitations directly. into languages other than English to ensure the hie. A summary of comments from the public hearings can be found in an appendix. City of Cupertino 2002-2005 Consolidated Plan I0 ~-(~ Page 1 Headng on housing needs 3/13/03 Invitation to organizations and agencies. Notice posted at library, city hall and senior center. Focus groups on housing needs 3/17/03 invitation to organizations and agencies. Notice posted at 3/18/03 library, city hall and senior center. Published Notice 4/29/03 Notice Releasing Document for Comment Headng on Use of Funds (Housing 4/10/03 Public Notice published in Cupertino Couder. Notice posted Commission) at ~brary, c~tyha andsemorcenter~;;~%~, Headng on Use of Funds (City 5/5/03 Pubhc Nobce pubhshed m Cuper[ino Couner. Notice posted Council) at hbrary, c~ty hall and senior denter. Headng on Consolidated Plan (City 5/19/03 Public Notice published in C~J~er~in~o Couder. Notice posted at hbrary, ctty ha and semor cente~ Council) '~'~ Headng on Consolidated Plan 6/13/03 Public Notice published in ~upertino C(~'uder. Notice posted (Housing Commission) at hbrary, c~ty hall and semor center. Hearing on Consolidated Plan (City 6/16/03 Public NotiC~Pc~61is~in Cupertino Couder:~N,o~'posted Council) at library, city~'hall and senior center. City of Cupertino 2002-2005 Consolidated Plan Page2 [0 '~0~l' HOUSING AND HOMELESS NEEDS ASSESSMENT The City's certified Housing Element provides substantial information on housing needs in Cupertino, and is incorporated here by reference. The Housing Element includes an analysis of the housing stock and households, estimates of Regional Housing Needs, evaluation of past progress in meeting Housing Element goals, and projected goals, policies and programs. In addition, the City is an active partner in the Countywide Continuum of Care Plan (CofC), which is also incorporated by reference into this Consolidated Plan. The Plan seeks to create a comprehensive and cobrdinated system of affordable housing and support services for the prevention, reduction and eventual end of homelessness. ., A summary of demographics and needs from these sourceS~an be found below, supplemented by relevant data from the "CHAS DataboOk." Population: Between ~ ,~.~, 1960 and the year 2000 Cupertino experienced a substantial growth in population, reflecting northern Santa Clara County's transition from an agricultural center to worldwide headquarters for high technology. By the year 2020, Cupertino's population is expectg~ t~., reach 66,400 persgn~~' Race/Ethnicit~. ~00 Census re~ealed that :~ Cupertino has become a~,, d!vbrse community. ~,~; Be.tween 1990 and,2000 the As~an-Amencam populabon ~ncreased from 23% t~>4~% almOSt equahng tl~e~C, aucas~an population.~'~ City of Cupertino 2002-2005 Consolidated Plan Page 3 Age: Between 1990 and 2000, the percentage of children, teenagers and older adults (65 or over) increased while the 20-65 age group declined, consistent with State and national trends. 6.0% 6.1% 0.1% 17.8% 22.3% 4.5% 58.0% 51.9% -6.1% 9.8% 8.7% -1.1% 5.2% 5.8% 0.6% Years 3.2% ., 5.2% 2.0% Households: Although household sizes dropped to about 2.6 persons per household in 1990, they are on the climb again, and are expected to reach just over 2.8 before leveling off in 2020. 2.85 2.80 2'70 2.65 2.60 Income Levels. According to the ~., , .?!~ ~i¢~. 1990 Census - the most recent data available - about 8% of all households earned less than 50% of the median income and were considered very Iow-income. Another 4 5% were cons de~e~ i~)~i-income. Th~'~vast~rnajor ty of the households in Cupertino, however, were considered moderate ~ncome and above. The following table apl ts out this data by renters and o~ers. ,~ ........... R~nter Households 13.5% 7.2% 79.3% ~ Owner Households 4.8 Yo 3.0 Y~ 92.2% ,~; ,,: ', ~ TOTAL 8.0% 4.5% 87.5% '~¢The Housing Element estimates that ~n 2000 there were 8.5% very Iow-income ho~9~olds and 4.'~/e Iow-income households. Many of these lower-income hous~l'iolds includ,~'~service workers who contribute to and are employed in the City of Cupert nOtand surrounding areas. For examp e, a full-time service worker earmng $7 per hour h~9~annual income of less than $15,000, making him or her a very Iow- income person. Similarly, a three-person household with a teacher as the primary wage-earner and a spouse who stays at home to care for the child would likely have an income of less than $62,150 per year and would be considered a Iow-income household. Currently, the US Department of Housing and Urban Development (HUD) defines the various income levels as follows: City of Cupertino 2002-2005 Consolidated P,an tO ' ~--(.~ ~;~ Page 4 of MFt) of MFI) 100% of MFI 120% of MFI Geographic Distribution of Minority and Low-Income suggests that any Census tract that ,h_as a minority population ~h~at i"~ 20 percentage points greater than that of the group s total population within'the com'~nunity would indicate an area of minority concentration. Based on th~ 2000 data, thbre~_are no Census tracts that are cons dered to conta n a m no[ ty co~centrat on ', Afdcan Amedcan 0.7% 20.2% None Native American 0.2% None Asian Amedcan 44.4% 64.4%'~ ~ None Pacific Islander Hispanic 20.1O/o ~ ~ 24.0% None None In addition, the Consolidated Plan re~:ula~i0~s require that to the extent that any racial or ethnic group~lias disproportionately greater need in comparison to the needs of that ~tegory asa whole, asse{~ment, of that specific need shall be included. For this purpose dis~)portionately greater need"~iS{~ when the percentage of persons in a category of need who al;e of a particulai' racial or ethni~ g~'~up is at least 10 percentage points higher than the percent~ Of persons in,he catego~ a~ whole. According to the onJy Census data available to determine potential areas of disproportionate need, the following categories of households have disproportionately higher Percentages with ~y housing problems. ~ VLI Asian Renter Households 128 LI Hispanic Renter Households 29 MOD Slack Owner Households 7 It should be hoted, however, that this information represents a very small number of households with disproportionate needs. In general, the housing needs of various income groups within various ethnic/racial categories tend to be similar with one another. Defined as o ercrowding, overpayment for housing cost, substandard conditions, or any combination of these three factors. City of Cupertino 2002-2005 Consolidated Planpage 5 Cost Burden: In general, "affordable housing" is that in which a household pays no more than 30% of its income for housing, including utility costs. Households paying more than this are considered cost burdened, while those paying more than 50% are severely cost burdened. According to 1990 data, about 72% of the City's very Iow- income households paid more than 30% of their income on housing. About 66% of all Iow-income households are similarly burdened, while 55% of all moderate-income households have a cost burden. At-Risk of Homelessness: In conjunction with other factors, such as Unemployment or other income problems and chronic health concerns, a family with a c°~t burden may be at risk of homelessness. Based on avadable data, there are probably between 1,000 and 1,500 households that are at risk of homelessnes§? " Overcrowding: According to the 1990 Census, there were 618 households that could be c ass fled as overcrowded defined as more than on'e ~'erson per room. Row~'er using th~s defimbon, th~s figure represents only a,b. 9~ 4% of all households. ,~ook~ng at the information provided by HUD in the CHAS D~(abook from the early 199~, the following picture emerges: ,~!' 683 6.1% 46 538 8.6% 51 689 7.4% 53 611 8.7% 409 12,740 3.2% 601 15,261 3.9% This table shows that, of thbl 5,000 households in Cupertino in 1990 just 601 were overcrowded 't'~ so show~;~that, in genei~'¢ the lower the income, the higher the percentage of households .that are overcrowded. Renters tend to be more overcrowded than owners. Additional data suggest that large families tended to be more overcrowded?an afrO'S-Ii fam es Waitin., g Lists fOr Housing AsSistance'. . Service providers often have waiting lists for ~'i~dividuals and families se.~l~ing housing and related services. As an example, the ~0using Authority ~aintains waiting lists for persons seeking housing through their voucher program. As of this writing, there are 59 applicants on the waiting list in Cupe~ih~.. Housing ~fHomeless Persons: There are homeless persons in Cupertino, although theY are often hidden. A 1999 survey of homelessness Countywide did not specifically identify the number of homeless in Cupertino, but staff estimates that there are about 50 homeless people on any given night in the City. Homeless individuals and families need a wide range of services, not just housing. These services may include drug/alcohol addiction counseling, life skills training, job placement, physical and mental health support, and a variety of similar services. City of Cupertino 2002-2005 Consolidated Plan Page 6 As noted above, the City is an active participant in the Countywide Continuum of Care (CofC) Plan. As part of this effort, the Plan provides extensive Countywide information on homeless demographics and needs. The following summarizes the data on homelessness from that report: · 65% of those homeless surveyed in 1999 were male · 36% were Hispanic, 35% were Caucasian, and 18% were African American · 36% were under the age of 18, while 2% were over 65 · single, unattached adults make up about 60% of the homeless populati6n · of the homeless families with children, 66% are headed by a single mother' · 28% of homeless persons are or have been substance abusers ~:~,~' ~ ~i~ · 10% of those surveyed identified themselves as suffering fr~m a sewre mental illness · 23% of the women indicated they had sufferance domestic violence · 34% stated they were homeless despite being employed · 81% had incomes less than $1,000 per month~ · 41% had at least some college education Housing Heeds of Seniors: In 1990, 12% of all households included a member who was 65 years old or older. Of thb~e ~hior ~ouseholds, 22!~vere owners and 78 were renters. By 2000, the number of semor households increased to 21 Yo of all households. Countywide, the semor populabon ~ex~ected to ~ncrease by almost 90% between now and 2020 w~th the populabgn of seiners over the age of 85 years expected to a most doub e n s ze. These figures suggest there w be an even greater demand for a rang~ ~f ti'~ing opportd~ities~ such as independent living facilities assisted housing or congregate care facd~be~ group homes, and other hwng arrangements f6'r seniors. Housing Needs of Persons with HIV/AIO$: According to a 2000 study of the gay, lesbian bisexual and tra~sgendered people 11% indicated they needed special HIV car~.~A' :i"O9~:gurvey of ~bmeless health needs found the number of homeless people ~i~ HIV is increasing. Sih~e'l~arning they had HIV/AIDS 36% of people with AIDS ~:~h~ye been homeless. It is estimated that anywhere between 4 000 and 10 000 people ~n~the County are ~nfected w~th HIV, of which 6% hve on the streets or ~n shelters, whde 14 ~l~ve w~th friends or ~n a relabve s house. Housing ~ . with Disabilities: There are approximately 4,000 people in Cupertin~ ~;ifi~ a work disability, defined as a disability that interferes with a person's ability to w0~. From a housing perspective, there are several different housing needs of disabled persons, from those with developmental or mental disabilities, to those with physical disabilities. In Santa Clara County, the average range of SSI payments for 2000-2001 was approximately $600-700 per month - an amount that is insufficient for securing affordable housing in the region. Lead Based Paint Hazards: In general, any unit built before 1978 may contain lead- based paint (LBP). The County Health Department generally uses 1950 as a cut-off City of Cupertino 2002-2005 Consolidated Plan Page 7 date as the primary (though not definitive) indicator of potential LBP hazards, since by this time LBP was substantially regulated. Based on this definition, there are an estimated 500 units that have lead hazards. Lower-income families will likely occupy some percentage of these units, but there are no definitive data to estimate that number. Projected Housing Needs: The Association of Bay Area Governmeqts' (ABAG) housing need projections represent Cupertino's share of what the State believes the growth will be over the next five years. Cupertino's current share of'tt~e~t~ousing need is 2,325 new units over the next several years. The following table b~eaks t~se numbers down by income category. 378 188 City of Cupertino 2002-2005 Consolidated Plan Page 8 HOUSING MARKET CONDITIONS Housing Units and Type: A substantial portion of Cupertino's housing stock was built after World War II and reflects its suburban, residential character. According to 2000 Census data, there are 18,682 housing units, of which 8 were mobilehomes. Frem 1990-2000, a 71% 7% Multifamil 22% total of 2,074 new units were added to Cupertino's housing stock. This represents a production rate of approximately 200 units per year. Jobs-Housing Balance: Using Census data from 2000, there are about 2.5 jobs per every household, making Cupertino a "job rich" community. This ratio is important because as more jobs are created, there is greater demand on the existing housing stock in the community, which causes increases ih ~housing costs and longer commutes times. Substandard Units: There is not a significant number of housing units needing repair or replacement in Cupertino; at most, 6% of the units are substandard, or about 1,100 units. However, this figure would be the maximum in need of any kind of rehabilitation, including minor home repairs. .~? -?~. Housing Costs: In February 2003, the median sales price for a single-family home in Cupertino was $768 000 a decline ~f more,than 2'~ ~ since 2001. The median price for a townhome was $479 000 in Februa'~. ;~,~,erage r~ts have also declined by February 2003, they had dropp~ed to $1,604 per'Ii'it, a decline of almost $750 per month, or 320/0, since 2001.~;' ~ ~ -~ Despite these r~ductions ir~housipg pric~s, typical housing costs still far exceed the ability of very~lowand Io?~c6m~-households to afford housing. The following table illustrates the diffic~iity ~rious families of lower income have in finding housing that is affordable to them comparing different kinds of households and the amount they s~ob[d pay foF housing tb"afford it compared with the actual amount. Shaded areas in~hcate those s~tuabons ~n, which the household would be overpaying for housing. Household on Eixed'~lncome (e.g., Social Security) of $700/Month Extremely Low-Income (4 Persons) Very Low-Income (4 Persons) Low-Income (4 Persons) Moderate-Income (4 Persons) Above Moderate-Income (4 Persons) $700 $791 $1,319 $2,053 $2,638 $3,165 $1~604 $1,604 $1,604 $1,604 $1,604 $2,585 $2~585 $2,585 $2,585 $2,585 ~ $ 4144, $4~144 ~,~$4~144: ;$4~144 $4~144 Public Housing and Section 8--Although there is no conventional public housing ~n Cupertino, the Housing Authority does maintain a supply of Housing Choice Vouchers for residents in the City. In 2003, there are 64 tenants receiving vouchers, while City of Cupertino 2002-2005 Consolidated Plan another five receive assistance through the Moderate Rehab program. The following table provides demographic information on this population. FAMILIES Elded¥ and Disabled Eldedy but not disabled Not eldedy and not disabled Not elderly but disabled ETHNICITY Hispanic Non-Hispanic RACE Caucasian Amedcan Indian/Alaskan Native Asian Hawaiian/Pacific Islander 4 6% 17 25% 6 9% 42 61% 52 75% 34 49% 9, 13% ,¢;,~ 22 32% Loss of Affordable Units: The only affordable h(~using'deyelopment at risk of converting to market rate is the Sunnyview develOpment,` whose federal subsidy contract will expire in May 31,2004. However the development is considered at Iow risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. The City Wil! ~¢~itor the development and will initiate contact in late 2003 With the owner and HU~"'(o ensure that the units remain affordable ~,,, ': ~ ~:~ ~ Fair Housing: Until this year, the Cit~,~¢,¢8peKin~'~ Consolidated Planning requirements were the responsibility o~{R~ Count¢ since Cupe~ino lacked su~cient population to quali~ '~"~ ~ntitlement j~r sdi~tion. As paK of the County's effo~s, it was required t9 c~mplete a Count~ide ~n~i~sis of Impediments to Fair Housing Choice (Al) (gc;~e unincorp0~ted areaS~'well as those junsd~ct~ons w~th fewer than 50 000 resi~%t~:;~,upe~ ~'b~ ~'raE Cg~solidated Plan incorporates the County's Al by reference, and ~nc ~des~n action ite~'in the one-year p an to conduct 'ts own inde Al. :~ / on promoting and ensuring open and free choice in for all persons. It is the City's intent to maintain a nondiscriminatow a.~pects of the pubhc and private housing market w~th~n the C~ty, and complianq~with the nondiscrimination provisions of the Fair Housing Act. ulationfrequire pa~icipating communities to ce~i~ that they are g fair housing and conducting fair housing planning by: ~g an analysis of the impediments to fair housing choice Taking appropriate actions to overcome the effects of any impediments identified through the analysis, and Maintaining appropriate records of the analysis and actions. The County's Al found that among the impediments that affect access to housing in the County, including Cupertino, are the following: City of Cupertino 2002-2005 Consolidated Plan Page 10 1. The lack of affordable housing (rental and sale) restricts people in their ability to purchase or rent housing. 2. The lack of available housing creates an inadequate pool of housing stock. 3. The price of land suitable for new housing, which is related to the scarcity of land. The lack of available local funding, especially for affordable housing, has been exacerbated by the lack of federal and state funding available for housing ~ 6. The high cost to develop affordable housing, which has been found to Cost at least 20 to 30% more than equivalent market rate housing. 7. Occupancy restrictions in rental housing, especially when the property involved is a small apartment complex that is owned by people with only a modest amount of rental property, has shown to be a significant restraint. 8. Stigmas associated with affordable housing are often generated by fears that affordable housing will lower property values bring crime to the neighbOrhood and result in a lowering of the quality of life for existing residents 9. Federal caps on incomes limit the provision of housing assistance to those households earning 80 percent or less of median income for the area receiving the assistance (e.g. Santa Clara county). 10. Discrimination in housing continues to influence who may fi~l housin~ and who may not, especially in terms of families with Children, who remain the large..st Single class affected by discrimination in the Urban COUnty. A recent report commissioned by al!of the jurisdictions in Santa Clara County, provides updated information on housing disC~ minaf~i~n in tli~ C0unty, as well as an analysis of services provided by fair housing orga&i~tions. Th-is report, released in early 2003, is also incorporated herb b~ reference. Entitled Fair Housing in Santa Clara County: An Assessment of Conditions ahd Program~;~2~O0-2002, this report provides detailed information on.t~ following topics, amo~g'~hers: > Demog~phi~'~Setting a~ ~i~l'i'r~nd'~ i~ Santa Clara County > Fair Lending in ~n~ Clara County: an Analysis of Home Mortgage Data > ~,¢¢¢,~ F~ir R~sing Experiences and Perceptions: A Survey of Santa Clara County Residents ~ Fair Housing' Services i~:'S~a Clara County '~. Santa Clara C~nty Lar~ Use and Zoning Issues Am~hg the concluSi~)ns of this report are the following main points: 1. Fai~' ~ousing conditions in Santa Clara County are, as a general matter, very good; in some cases they are OutStanding. Although the report does identify important problems that should be addressed, Santa Clara County has a number of achievements: an exceptional level of racial integration in most parts of the County; an unusually strong and generally well-funded network of fair housing providers; a generally responsive and concerned group of officials working on land use, housing supply, and fair housing issues; and many signs of tolerance of diversity and support for fair housing across the 9eneral public community. Santa Clara County has two fundamental fair housing problems; one of them is "largely insoluble,~ but the second considered solvable. According to the report, the intractable problem is affordability. The region's economic transformation may have reached a plateau, but the County City of Cupertino 2002-2005 Consolidated Plan will almost certainly continue to be an extraordinarily difficult place to create affordable housing for some time. 3. The second problem highlighted by the report's authors is that fair housing programs are largely reactive rather than proactive. Although not unique to Santa Clara County, the study recommends that communities do much more. The report notes that no one who works on fair housing in Santa Clara County knows how widespread specific discriminatory practices are in the County, or where they might be concentrated. In addition, the report finds that there are virtually no fair housing services provided to anyone in the home purchase market, even though it is very likely that discrimination and steering are at least as common in this market as in the rental market. Further in this ConPlan, a variety of recommended actions to address fa r hous ng concerns are proposed City of Cupertino 2002-2005 Consolidated .,anpage 12 INVENTORY OF FACILITIES AND SERVICES FOR THE HOMELESS, PERSONS THREATENED WITH HOMELESSNESS, AND THOSE WITH SPECIAL NEEDS Both the CofC Plan and, to a lesser extent, the Housing Element, provide important information on the services, facilities and programs available to homeless people, at- risk families and individuals, as well as those with special needs. These include shelters, transitional housing programs, senior day care and support programs, domestic violence programs, and a host of other activities to serve poop e with needs. Please refer to these important documents for more information. City of Cupertino 2002-2005 Consolidated Plan Barriers to Affordable Housing -- The Housing Element provides detailed information on constraints - both governmental and nongovernmental - to the production, preservation and rehabilitation of housing, especially that which is affordable, and are incorporated here by reference. The Housing Element examines local ordinances and policies to determine whether, under current conditions, they are accomplishing their intended purpose or, in practice, constitute a barrier to the maintenance, improvement or development of housing for all income levels. Some of the areas reviewed included land use controls, local fees and exactions, processing standards, and similar activities. Nongovernmental constraints include a variety of factors that negatively impact "the maintenance, improvement, or development of housing for a!l income levels, including the availability of financing, the price of land, and the cost of Construction." The potential list of all constraints on the development could be q~ite long End might include information on national economic conditions and ~gional geology. Hgwever the Housing Element focuses on non-governmental COnstraints that the City ~aY be able to positively impact. The City has defined several actions to either elim!nate ~' otherwise mitigate the effect of these constraints on the housing market. Relevant actions are discussed in the Five- Year Strategy. City of Cupertino 2002-2005 Consolidated Plan Page 14 I=IVr:-VI:AR 9TRATI V Priority Analysis and Strategy Development -- The housing needs data indicate that some households have a difficult time paying for housing, or have a variety of housing problems, such as overcrowding. Other statistics point to the need for services, such as supportive housing, assistance with jobs, or mental health concerns. In previous years, the City of Cupertino funded community developmeht programs through the County - as part of the Urban County's CDBG Program ~ ahd through the City's own local funds, primarily general fund monies. These funds have been used to address the City's lower-income residents' needs through primarilY the provision of services, rather than direct housing assistance. The following table illust,'ares how the City has, in the past, funded organizations with various funding sources: encies Funded: Fiscal Year 2002-2003 Cupertino Community Servi?~~' ~ $54,000 Cupertino Senior Day Services $21,200 Long Term Care Ombudsman $4 900 Outreach and Escort $10,800 Second Harvest Food Bank ': $5,400 Support Network fo,r~ Battered Women '~=~ ,$~:,900 ~ ~ $1021200 Senior ,~dults L~I Servic~~ $10,793 Rotating Shelter ~ ~ ~ $25,000 $35,793 $50,000 $874 $50,874 TOTAL[ $~ee, e5:d For~ ~ lan,:the City has reviewed the existing housing and homeless needs stabsbcs t~determ~ne what, ~f any, changes should be made to its priorities for ~fq~d~ng. As a junsd~cbon under the County s Urban County programs, the City was guided ~n ~ts decisiOn-making process by the Countywide Consohdated Plan, which idenbfied the greatest need for activities directed at very Iow-income, small family and large fancily rentg~and Iow-income, large family renters. For this Co~sblidated Plan, the City has developed its priority system for assistance based on the following three tables. City of Cupertino 2002-2005 Consolidated Planpage 15 The first shows that of all households with some type of housing problem, lower-income small renter households (from 0% to 80% of median) account for the largest share of all households with housing problems - more than 30% of all households with problems. ~enters ~mallHHs 31 ~50% ~enters Small HHs 0-30% ~enters ,~mall HHs 51-80% :)wners Senior HHs 0-30% :)wners Small HHs 51-80% :~enters Senior HHs 31-50% ~enters Senior HHs 0-30% :)wners Small HHs 0-30% ::)wners ~enior HHs 31-50% ::)wners Small HHs 31-50% ~enters ~enters ~enters ~enters Owners ~-~; DwnerS _argeHH, _argeHH SehiorHHs ~argeHH, SeniorHH§'~ _argeHH> _a~eHH Owners Owners 0-30% 51-80% 31-50% 51-80% 0-30% 51-80% 51-80% 31-50% TOTAL 0.0% he second table, sorted on households that are overcrow~ded, 7 shows that wh~le only a small number of lower-income households n the C overcrowded, the h~ghest percentage share of overcrowded households occurs among renter householdS!'~ :~entef~~' ['a~ge HH 51-80% 32 23.0% :~entem Lar~j~HH 31-50% 31 22.3% Renters La'rg~ HH 0-30% 23 16.5% :~enters Small HHs 31-50% 15 10.8% Renters Senior HHs 0-30% 13 9.4% R~nter~ Small HHs 51-80% 9 6.5% ~rs Small HHs 51-80% 7 5.0% R~nters Small HHs 0-30% 6 4.3% Owners Large HH 51-80% 3 2.2% Owners Large HH 0-30% 0 0.0% Owners Large HH 31-50% 0 0.0% Owners Senior HHs 0-30% 0 0.0% Owners Senior HHs 31-50% 0 0.0% Owners Senior HHs 51-80% 0 0.0% Renters SeniorHHs 31-50% 0 0.0% Renters Senior HHs 51-80% 0 0.0% Owners Small HHs 0-30% 0 0.0% Owners Small HHs 31-50% 0 0.0% TOTAL 139 City of Cuper[ino 2002-2005 Consolidated Plan Page 16 The last table, which shows the number of households paying over 50% of income on housing costs, confirms that lower-income renters tend to have a more difficult time with cost burden than owners. In addition, very Iow-income senior households - both renters and owners - have cost burden. Interestingly, large households do not have the problem of overpayment that small households tend to have. 0-30% 31-50%'; 51-80% 51-80% ~enior HHS 0-30% 31-50% 51-80% 0-30% 1.1% 31-50% 0.0% 51-80% 0.0% 51-80% 0.0% TOTAL 652 Based on the analyses shown ab0~e, and in conjunction With tlie needs assessment HUD Table 2a: Lisbng of Pnor!ty Needs o~n the next page~shows the rankings of the var ous need categories by pr~6ritY~based~i~available~{a. The City intends to be guided by th~s pnonty system ~n allocating ~S resources however insuffic~ent funding competing priorities, and staffing ca~ity'~ay pre~qJ~de following the priority system at all times. Further, it must b.~ stressed't~h~t althoug~ a particular type of housing or service may not rec~i~ ~:~highest priority the City will still consider such applications for funding beca.use the need for all type~o[ assistance to Iower-~ncome famd~es and ~nd~v~duals ~s grea~t. .~ ~ ~;~ Housing and Homele~§ Services Goals and Objectives -- The City has established several goa!s, policie~'~a~ implementation plans towards addressing the housing and community developmen~elat~ed needs of ~ts c~t~zens. Based pnmanly on the Housing Element these goals and ~ohces include the following: AN ADEQUATE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS Policy 3,~. Su~c~bnt Residentially Zoned land for New Construction Need. D~ignat~S ufficient residentially zoned land at appropriate densities to proV~d~adequate sites that will meet and exceed ABAG's estimate of Cupe>~ino's new construction need of 2,325 units for 200~-2006. The following objectives meet that need. Units Affordable to Very Low Income: Units Affordable to Low Income: Units Affordable to Moderate Income: Units Affordable to Above Moderate Income: 378 units 188 units 626 units 1,133 units 2001-2006 TOTAL 2,325 Units City of Cupertino 2002-2005 Consolidated Plan Additional units are allowed for the remainder of the planning period. Affordable units for the remainder of the planning period will be achieved through the Below Market Rate program. Planning Period TOTAL 2,290 4,615 Units Implementation Program 1: Housinq Units by Planning District. Encourage residential development in the following Planning districts, as provided below. Residential development in these planning districts includes mixed-use, multi-u~ii:~.idential, and single-family residential at a density of 15-35 + units per acre. Adequate i~frastructure is currently available to all districts Implementation Proqram 2: Land Use Designations. In order to allow fbi the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation 0r zoning. The City will change land use designations/ZOning to reflect the density ranges necessary to implement Program 1. Implementation Proqram 3: Residential Pote~tial Outside of Planning Districts. Include the existing invento~ of residentially zoned parcelS with residential potential that are outside of the planning districts in addressing the Regioqal Housing Need. Implementation Program 4: Second DWellinq Unit OrdinanCe?Assure that the Second Dwelling Unit Ordinance to end~age the~roduction of mdre second units on res~denbal parcels. .~.~ GOAL B HOUSING THAT IS AFFORDABLE FOR A DIVERSI~ OF CUPERTINO HOUSEHOLDS Polic~ Plan. Assign priority to households who live or work ~ ~upe~no for BMR umts produced through the plan or affordable housin~ bnits built with fees. Implementation Program 5: Housing Mitigation Plan - Office and Industrial Mitigation. The Ci~ ~ill 'continue t61mplement the "Office and Industrial Mitigation" fee program. 'Fbi"program ~:~quires th&i'de~ opers of office and industria space pay a fee, which ¢: ~ill then be used t° suppo~ affordable housing for families who work in Cupertino but ii~e elsewhere. The~;e fee~ are collected and then deposited in the City's Affordable H0'~si~ng Fund. Th~Oity will conduct an updated "nexus' study to determine whether the manrib[ in which [.ebs are calculated is still appropriate. Implement~tioh Program 6: Housing Mitigation Plan: Residential Mitigat on The City will continue'to implement the "Housing Mitigation" program. This program applies to all new residential development of one unit or grater. Mitigation includes either the payment of an in-lieu fee or the provision of a Below Market Rate (BMR) unit or units. Projects of 10 or more units must provide on-site BMR units. Projects of 9 units or less can either build a unit or paying-lieu fee. Implementation of the program shall include: City of Cupertino 2002-2005 Consolidated Plan a) priority for occupancy to households who reside, work, attend school or have family in Cupertino; b) additional priority for households with wage earners who provide a public service; specifically, employees of the City, [ocal school district and public safety agencies; c) utilize City's Affordable Rent Schedule as a guideline in setting rents for new affordable housing; d) update the rent schedule each year as new income guidelines are received and determine a uniform method for allowing rent adjustments for affordable housing; e) allow developers to meet all or a portion of their BMR requirement by making land available for the City or a non-profit housing developer to construc( aff0rdable housing; f) require BMR units to remain affordable for a minimum of 99 yeai~! g) enforce the City's first right of refusal for BMR units and requir~ 15% BMR units Implementation Program 7: Affordable Housing Fund. The City's Affordable Housing Fund provides financial assistance to affordable housing deVelopments: ~Requests for Proposals" (RFPs) will be solicited from interested parties to degelop affordable units with housing funds. Affordable housing funds will be expended in the followiS~ manner (ranked in order of priority): a) Finance affordable housing projects in Cupertino. b) Establish a down payment assistance plan that may be used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of Iow interest loans and not grants. c) Establish a rental subsidy program to make market rate units more affordable. 3-3: Range of Housing ,-:T~i~bs; .,~,ncourage the d~v~e/opment of diverse Policy housing stock that prOVides a'~hg~ of housing ~pes (including smaller, moderate cost housing) and affordabld I~vels. Emphasize the prows~on of housing for lower and moderate-income households and, also, households w~th wage earners who prowde serwce (e.g. school dlstrict employees, mumc~pai and PUb!lc safety employees, etc.) mp ementat on Program 8 Mortgage Credit Certificate Program. Participate in the countywide M6~gage Credi~9.rtificate~(MCc) Program. This program allocates mortgage credit C~rtlficat~"t°'f~'~"t~ii~ homebuyers to purchase hous'ng. Due to the high cost of housin~:'~i{S in Cupertino, it is estimated that most of the County's MCCs will be::b~'~d~in the CitY'sf San Jose, where there are more Iow cost housing units available for ~ie. ¢lm~ementation Program 9: Move-In for Less Program. The Tn-County Apartment A~ciation is managing this program, which rec(~gnizes the high cost of securing rental hous~h~. The program is geared to classroom teachers in public or private schools who meet in'me criteria. Apartment owners/managers who agree to participate in the program recLu!re no more than 20% of the monthly rent as a security deposit from qualified te~l~ers. Implementation Program 10: Surplus Property for Housing. In conjunction with local public agencies, school districts and churches, the City will develop a list of surplus property or underutilized property that have the potential for residential development, compatible with surrounding densities. Additionally, long-term land leases of property from churches, school districts corporations for construction of affordable units shall be encouraged. Further, the feasibility of developing special housing for teachers or other City of Cupertino 2002-2005 Consolidated Plan I0 - ~' ~"{ Page 19 employee groups on the surplus proper[ies will be evaluateS. Teacher-asslstecl housing programs in neighboring districts, such as Santa Clara United School district, will be reviewed for applicability in Cupertino. Implementation Program 11 Jobs/Housing Balance Program. Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the City will evaluate the impact of any application that will produce additional jobs in the community. The pu¢o~e of the evaluation is to describe the impacts of the new jobs on the City's, h~si~] stock, especially in relation to the jobs/housing ratio in the City. In 200!~BAG's estimate of the City's job/housing ratio was 2.4 jobs to every household. ]1i6 ~bal is to reduce this ratio during the time frame of the Housing Element (2001-20~6). Further, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. Policy 3.4: Housing Rehabilitation. Pursue. /or provide funding fo~ the construction or rehabilitation of housihg that is affordable to v~;y low, Iow and moderate-income households, ~Actlvely suhport and assist non-profit and for profit developers in producing affordable~units. Implementation Program 12: Affordab e Housinq nformat on and Support. The City will prov de nformation resources an.¢ s~pport to developerS W.bo Can produce affordable housing. Informabon wdl be upgate,.~ on a ,regular bas~s re,regard to ava ab e fund ng sources and be distributed to all ~nt~rested dgvelopers. In add~bon, ~nformabon regard ng add t ona C~ty ncenbves s~ch as the Dens~ Bonus Program (see program #14) wdl also be prowded and update~,.~ a regula~*~'as~s. Further the C~ty w~ll involve the public from the beginning of an affb,~able housing application so that there are fewer objections to the P'~0ject as it goe(t~hough the City approval process. Policy 3-5:. Development o~ Affordable Housmg. Maintain and/or adopt appropriate rlan~USe regulations and other development tools to encourage~the.~evelopment ~f affordable housing. Make every reasonable ~ %~ff_o. rt t~ disperse units throughout the community but not at the expense of ~nd~'r~ining th~ fUndamental goal of providing affordable units. ~implementation P~gram 13i Density Bonus Program. The City's Density Bonus P~dgram provides four a density bonus and additional concessions for development of 6 or mo"¥~units that Provide affordable housing for families and seniors. Included in the conce~iBns are .r,.¢Suced parking standards, reduced open space requirements, reduced ~b~..Cr¢'~equirements and approval of mixed use zoning. The City will change the Ordinan~;"~ ~efinition of affordable unit to housing costs affordable at 30% of household income for very Iow and Iow-income households. Implementation Program 14: Regulatory Incentives. The City will continue to waive park dedication and construction tax fees for all affordable units. Parking standards will also be discounted for affordable developments. For mixed-use and higher density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulation Ordinance of the Cupertino Municipal Code, if Cit~ of Cupertino 2002-2005 Consolidated Plan [~) -'~.~ Page 20 the applicant can provide a study supporting the deviation. Further, the City will continue to efficiently process all development applications. Implementation Program 15: Residential and Mixed Use Opportunities In or Near Employment Centers. The City will encourage mixed-use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing residential development above exi,Sting parking areas. In specific, these areas would be near or adjacent to emploY~ Centers and could provide additional opportunities for housing. Policy 3-6: Tax Increment Funds. Use a minimum of 25% of tax increment funds generated from the Redevelopment Project Area fOr~_housih~ activities that create affordable housing for lower and moderate-inCome hoUSeholds. Set aside 5% of the 25% for extremely Iow-income housing. Implementation Program 16: Redevelopment H°~sing Set Aside Fund. Th~ City has established a Redevelopment Project Area from which tax increments funds are collected. A minimum of 25% of tax increment funds will be directed to Iow and moderate-income households, 5% of which are directbd to extremely-low income households. The Redevelopment Agency will develop POlicies and objectives for the use of those funds. All policies and objectives shall be de~eloP~d to reflect the goals and objectives of the Housing Element!~ Pohcy 3-7: Housing Dens~ties. prowde a~full range of ownership and rental housing unit densities, incl~ding~apartme~ts and other high-density housing. mp ementat~on Program 17: Conversion of Commerc~a Lands to Residential. Commercially designated land may be considered for conversion to residential uses where it does nbt eliminate'~isting or~°tential neighborhood serving commerc a uses or contradict Heart of the City policies. Implernentation Program 18: Residential Development Exceedinq Maximums. Allow re§idential develOpments t° exceed planned density maximums if they meet a special .~'~mmunity social g0al and the increase in density will not overburden neighborhood st~s or hurt neighborhood character. Implementation P¢~gram 19: Flexible Residential Standards. Allow flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths fl00~"area ratios and setbacks, particularly for higher density and attached housing developments. GOAL C ENHANCED RESIDENTIAL NEIGHBORHOODS Policy 3-8: Maintenance and Repair. Assist very low and low-income homeowners and rental property owners in maintaining and repairing their housing units. City of Cupertino Page 21 Implementation Program 20: Housing Rehabilitation. This program provides financial assistance to eligible very Iow and Iow-income homeowners to rehabilitate their housing units. The County of Santa Clara, Housing and Community Development (HCD), administers the program on behalf of the City of Cupertino. When the City becomes an Entitlement Community in 2002-2003, housing rehabilitation activities will continue to be funded. Implementation Program 21: Home Access Program. The Home Access Program provides assistance with minor home repairs and accessibility impm~em~en~s for lower- income, disable households. Economic and Social Opportunities (ESO) administers the program under a contract with the County of Santa Clara. Implementation Program 22: Weatherization Program. This prOgram a~§ists very Iow- income homeowners with weatherization improvements to thei~ homes. Economic and Social Opportunities (ESO) administers the progra~m in C~ertino and other ~i-ea§ of the County. ?~' Implementation Program 23: Apartment Acquisition and Rehabilitation. The County of Santa Clara administers Home and CDBG funds Oh behalf Of the members of the Urban County and HOME Consortium. The City of Cupertino':Participates in both the Urban County and Consortium activities. Funds are available On a com'petitive basis to developers to acquire and rehabilitate rental units for verYioW'~'nd Iow-income households. When the C~ty becomes an e@~!t, lement com~pmty m 2002-2003, the City will continue to include the availability of HOME and CDBG fund for apartment acquisition and/or rehabd~tat~on. ~ Policy 3-9: Conservation of Housing'Stock. COnserve the existing stock of owner and rental h~ing units, which p~vide affordable housing opportunities for Iowe~nd mo~erate-incom~'hO~seholds ImplementatiOn Program 24: Preservabon of At Risk Units". The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31,2004. However, the deVelopment is considered at Iow risk for converting because it is owned by a non- .prOfit organizati6n; which ~§ indicated that it will renew the assistance again in 2004. ~ However, the City Will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. Implem'~ntation Pr"0gram 25: Condominium Conversions. The City's existing Condominibm Cdnversion Ordinance regulates the conversion of rental units in multi- family housin~ development in order to preserve the renta hous ng stock. Condomini~r~ conversions are not allowed if the rental vacancy rate in Cupertino is less than 5% at the time of the application for conversion and has averaged 5% over the past six months. Implementation Program 26: Rental Housinq Preservation Proqram. The City's existing multi-family rental units provide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: City of Cupertino 2002-2005 Consolidated Planpage 22 Wh0n 9 pr0po 0d development or redeve(opment of a site would cause a [0ss of mu[ti- family rental housing, the City will grant approval only if at least two of the following three circumstances exist: The project will produce at least a 100% increase in the number of units currently on the site and will comply with the City's BMR Program, and/or The number of rental units to be provided on the site is at least equal to the number of existing renal units, and/or No less than 20% of the units will comply with the City's BMR Program. Further, the preservation program will include a requirement for a tenant relocation plan with provisions for relocation of tenants on site as much as possible. Implementation Proqram 27: Conservation and Maintenance of Affordable Housing. Develop a program to encourage the maintenance and rehabilitation of residential structures to preserve the older, more affordable housing stock. ' ~ Implementation Proqram 28: Nei.qhborhood and community Cleanup Campaign§. Continue to encourage and sponsor neighborhood and community clean up'(~ampaigns for both public and private properties. -. ..... Policy 3-10: Energy Conservation. Encourage energy conservation in all existing and new residential development. Implementation Program 29: Energy Conservation Opportunities. The City will continue to enforce T t e 24 requirements for energy con, servation and will evaluate utilizing some of the other suggest ons as identified in the Envirorimental Resources/Sustainability element. - ~, ~!~ ~ ~- ? ~' . Th~ Implementation Program 30: Fee Waive~:s or Reduction for Energy Conservation. ~ City wdl' evaluate the potential, to waive .dr~,,re~uce-¢ fees for energy conservation improvements t(J~esidential units (exist~ng~or new). Policy 3;~1: Special Needs Households. Support organizations that provide ?~' services to special need households tn the C~ty: such as homeless, , ~+!~' elderly, disabled ah~i single parent. Implementation Program 31: Cupertino Community Services (Homeless Services). Cup(~i~o Community Services (CCS) manages transitional housing and administers the "Co~ifinuum of'Care" services for homeless, including the rotating shelter program. In order t0'~'acili{~te any future emergency shelter needs, the City will revise the Zoning Ordinance t(~ ~'~llow permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Implementation Proqram 32: Project MATCH (Senior Shared Housing). Project MATCH places seniors in housing arrangement with other persons interested in shared housing. Project MATCH is funded with County of Santa Clara Urban County funds. Cibj of CuperJino 2002-2005 Consolidated Plan Page 23 Implementation Pro.qram 33: Catholic Social Services (Single Parents). Catholic Social Services provides help to place single parents in shared housing situations. The program in funded with Santa Clara County Urban County funds. GOAL E EQUAL ACCESS TO HOUSING OPPORTUNITIES Policy 3-12: Housing Discrimination. Support programs and organizations that seek to eliminate housing discrimination. Implementation Program 34: Santa Clara County Fa r Hous n§ Consort um. The Santa Clara County Fair Housing Consortium includes the Asian LaW Alliance, Mid-Peninsula Citizens for Fair Housing, Project Sentinel and the Mental H~lth Adv'~)cates Program. These organizations provide resources for Cupertino re~ider~'~s ~with te~ntJlandlord rental mediation, housing discrimination and fair housing concerns. Administrative funding for these organizations is pa~ially contributed by County of Santa Cl~r~ Urban County Funds. In addition, the City will actively pursue effo~s to affirmatively fudher fair housing, including: 1. Conducting an analysis to identi~ impediments t0 fair housing choice within the jurisdiction. ' 2. Taking appropriate actio~*~8 overcdme the effects¢Sf any impediments identified through the anal s~s. ~(~ ~,:~ ~,~.,, ¢ 3. Maintaining records reflecting the a~lysis ~'8 actions take in this regard. Homelessness and the Regional Con(~nuum of Care -- Although the precise number of homeless indi~uals and"families in C~p~'~ino is not known, anecdotal information suggests thaUCfs figure is ~bite small - ai'~ost, 50 people on any given night. The C ty has pro~ d~8"funding'i~*(~6:;~ast [9~ ~omeless se~ices and a rotating shelter, and will continue to do'~ (~ implemen~'~ion plans, above, as well as one-year action p ann ng .~¢ ow ng) 'i~addition, several agencies that the City has funded provide assistance [6 a~;nsk popul~boBs by prowdmg hotel/motel assistance, rental/modgage assistance, utilib~s assist&ncs*; transpo~ation, and food and clothing. There are also a ~ number of trans~bonal beds available w~th[n Cupe~mo. B~7~ homolos ss is difficult to quanti~ as homoless individuals and move ~r~m place t~placo, a re¢onal Continuum of Care ~lan was ostablishod to coord~na~ese~cos, maximize funding, and marshal tho collocbvo w~ll of many jurisdiction~dw~rds addrassin~ tho noeds. Cupe~ino has pa~icipatod in tho ContinuumB~ Cato and will romain an activo pawnor in this ondoavor. Other Regional Strategies to Address Homelessness -- The Santa Clara County Collaborative on Housing and Homeless Issues was created in the mid-1990s to draw more funding for homeless shelters, services, and to create mora affordable housing. The Collaborative includes over 120 shelter providers, service providers, advocates, City of Cupertino 2002-2005 Consolidated Plan Page 24 and nonprofit housing developers, united to find ways to increasing housing and service opportunities for homeless people. The Collaborative continues to promote the Continuum of Care as the format to end homelessness in Santa Clara County. In promoting the Continuum, the Collaborative has addressed outreach, emergency shelter, transitional housing, training and employment, supportive housing, and permanent affordable housing. Others with Special Needs -- Because the needs of persons with special needs often extends beyond the provision of housing alone, the City will continue to seek ways to assist this varied population. Seniors continue to be a priority for the City, as well as persons with disabilities. The City additionally supports efforts to: Develop additional rental housing for very ow_ ncome households. ,? Expand shared housing matching programs to focus on assisting persons with special needs. ~ Expand federal and State programs to meet the housing needs of 3ersons with special needs. Make the Section 8 pr6gram more successful for persons with special needs. Increase the awareness of the ~u~'[~g and:;~:~vice needs of persons with specie needs. -%%~ ':' Pr m '~ ~ '~ o ore 66operation~and shadng o[~6using information among the varous groups and orgamzat[ons workmg~lth persons with special needs. .:. Encourage pB~e~s that provide linked se~ices and se~ices on-site N~nhbusing Communi~ Development Needs -- Nonhousing community d~'elopment n~ds inclu~ ~blic se~ice, infrastructure, economic development and ,~ot~er development needs ~n the commumty that have an ~mpo~ant ~mpact on the v ng cond~bons of res~d~ts. For example, although job tra~mng may not d~rectly relate to housing, job trainin~ could allow an individual cu~ent y v ng be ow the pove~y eve the oppo~hity to find~bmployment that will help him or her afford a market rate apa~ment in today'~ ~ds~ve housing market. As HUD guidance states, the purpose of addressing ~ ~ommunity's non-housing needs, in addition to its housing needs, is to help create~ore livable, beEer functioning, and more affractive communities by integrating economic, physical, environmental, community, and human development programs in a comprehensive and coordinated fashion so that families and communities can work together and thrive. Table 2B describes the priority level for a variety of nonhousing needs and, where possible, assigns an estimated dollar amount to meet the need. This table takes in to City of Cupertino 2002-2005 Consolidated Plan Page 25 accoun{ several funding sources, gueh ag General Fund moneyg, that are anticipated to be used to address these needs. Among the highest priorities for the City are services to address senior needs, support to survivors of domestic violence, and a host of infrastructure needs. Although a particular need may have received a "low" ranking, it does not mean the need is unimportant to the City. Rather, in some cases a "low" designation signifies a particular need is addressed through the efforts of the County, such as lead hazard screening. Additionally, even those priority needs ranked "low" may receive funding:from time to time, such as services for youth. Although in absolute numbers;:~buth seWices needs may rank Iow, addressing the needs of youth is important to thb City! With respect to economic development needs, the City doeS provide services to businesses but in the form of techniCal assistance rather than fUnding. · Barriers to Affordable Housing and Strategies f~ Address Negative Effe~t~ -. As previously described, the Housing Element provides details on the constrai~{s to the development of housing, and affordable housing in parti~blar. At the local level, the City has established incentives and waivers to helP offSet the cost of providing affordable housing (see implementation plans, above), and provides funding assistance for the development and preservation of affordable hoUSing. In addition, the City will continue its efforts to ensure that i!s zoning designations allow for the broadest range of hous ng types at various income~i · ~; . ., Lead-Based Paint Hazards - As no{ed ~n the needs analys~s, the number of umts w~th potent'al lead-based paint hazards ~s ~rob'~)ly les~ {~'~an 500. Lower-~ncome households will occupy some percenta~ of these~nits, but how many is not known. In addition to workingWiti~ th~ County Heait~ Department to identify and assist any children with elevated blood lead levels, {h~ ~ity will, as part of its efforts to address the rehabilitation n~ds of its ~sing stoc~,~ I~vide assistance to persons seeking to m t gate lead ~a~rds in Antipoverty Strateg~ ~, Poverty rates in Cupertino are significantly lower than in other areas Of the d0untry and n California. Based on 2000 Census data, only about 4.8% of the populafion is living below the federal poverty level. Although this figure is an ~ increase over the Prior decade, it is still substantially lower than the poverty rates for the State and nation as~a whole. Rates, 1990-2000: Cu San Jos~, California and the Nation 1990 3.2% 9.2% 12.5% 12.8% 2000 4.8% 8.7% 14.2% 12.4% % Change I 50.4% -5.0% 13.5% -2.8% Although the City does not have direct control over the existence of poverty, it can have an important role in assisting residents in securing employment and gaining skills that City of Cupertino 2002-2005 Consolidated Plan I ~)~ ~ Page 26 will help them to ri e out of poverty. The City is an active partner with a variety of jobs skills training programs, such as NOVA. NOVA (North Valley Job Training Consortium was formed in 1983 by a joint powers agreement among the six northern Santa Clara County cities of Cupertino, Los Altos, Mountain View, Palo Alto, Santa Clara, and Sunnyvale in response to Federal legislation, specifically the Job Training Partnership Act (JTPA). Currently, NOVA operates as an employment and training agency, administered by the City of Sunnyvale, but operated on behalf of a seven-city consortium composed of Sunnyvale, Santa Clara, Cupertino. Palo Alto', Mountain View, Los Altos, and Milpitas. ~ ,~ NOVA provides customer-focused services for individuals seeking retraining and reemployment, as well as for local ~)usinesses seeking professional solutions for human resource issues. NOVA offers services for job seekers, businesses, and youth that include: · Transition Planning and Assistance · Labor Market Research ..~ · Staffing Assistance · Job Training Programs · Job Search Counseling and Workshops · A Career Resource Center · A Business Service Center · Resume/Job-Mat~.hing Database ' Though the majodty of job seekers Sewed thrOugh_NOVA are "dislocated workers, affected by the downs~z~ng or closu~ of their 6om~'~ni~s, NOVA also pa~ners with many other organizations to prowde custom~zed employment and training solutions to populations with special needs, such as homeless veterans, people with disabilities, welfare recipients, te~n pa~ents and older ~rkers. NOVA is funded primarily b~ grants fromthe state and federal government and by local indust~. Muiti'ple funding ~r~'~ include the Workforce Investment Act (WlA) Defense Conversion Act, Employment Training Panel, Stewa~ B. McKinney Homeless Assistance~ct, Wagner-Peyser Act, and funds from private corporations. By far the larg~s~er~ntage of NOVA's $12 million annual budget has come from competitive gmht proposals funded thmbgh the U.S. Depa~ment of Labor and the State ~ ~mployment Development~ DepaAment. In add ton, the NOVA Private Indust~ Council was established to guide the agency in its mis~bg, to provide Iow cost and e~cient job training and employment programs. The council w~ ~ private/public padnership involving local govemment, business and indust~, la~'~'~;"education and training systems, employment sewices, and community suppoA or~'hizations. The City of Sunn~ale agreed to administer NOVA. Since its formation in 1983, NOVA has averaged a 23% growth rate in both the number of individuals served and the resources available to serve them. in program year 1983- 84, NOVA served 2,009 individuals. By program year 1996-97, NOVA was serving over 9,500 individuals and had an operating budget of over $10 million. NOVA's continued growth is made possible by the organization's willingness and capacity to engage in City of Cupertino 2002-2005 Consolidated Plan Page 27 multi-agency partnerships, adapt services and technologies to meet customer needs, and successfully link employers with the candidates they need. Another job-training and skills program operates out of DeAnza and Foothill Colleges. The mission of the Occupational Training Institute (OTI) is to support economic growth in Silicon Valley by preparing individuals for career opportunities while concurrently providing employers with qualified employees. This program provides high quality employment focused skills training within the Foothill-De Anza CommUnity College District. Since 1975, OTI has prepared clients in a very short time frame tore-enter the workforce. OTI provides services to thousands of clients seeking employable job Skills and job placement services. Many clients focus on certificate programs at either the Foothill or the De Anza campuses. However, OTI Training Advisors are skilled at deSigning ,~ customized programs tailored to meet clients' spe¢iflC'nee~ls. OTI provides a'~eleCtion of training programs that have been tailored to m~bt the local job market. To link job seekers with employers OTI provid~ accessii3[e staff placement expertise, and a thorough knowledge of our clients' skills. As part bf th~ Foothill-De Anza Community College District, OTI works closely with all workforce education programs and is committed to responding to employer needs. OTI provid.es employment training at no cost for eligible individuals. :If eligible, OTI will pay f0i' cOllege fees, books, and required class materials. All client§ c0mpl~ing a training pr6~ram through OTI receive job preparation classes designed t~ addre~'{i0b s.earc~ a~d careers in the 1990's. Support services include referrals to~ildcare~P~bw¢~de~, transportation, financial aid, and tutona services. Other services ~nd r~ferrals ar'~ava'lable on an as needed bas's. A total of five families are participating i~the Welfare to Work Housing Program in Cupertino. During their three years ~n the program have been case managed by the County Housi.n~:Authority t~e, nsure their ~ccess in transitioning from Welfare into self- sufficiency. '~ According tothe Met~'~Politan Transportation Commission, transportation is a real barri¢i' for individuals making the move from welfare to work. It's not enough for C~IWORKS participants t© find jobs -- they must figure out how to get to those jobs. ¢,'[hat means they have to consider all their transportation options -- driving, buses, traiqs., bicycles and So on -- even as they look for jobs. Social service staff members who assist them mast also be aware of participants' transportation needs and options, as welFAs~how to 06tain information about these options. These resoa~C~ guides, published by MTC are intended for use by staff members at social service and community-based organizations who provide direct assistance to CalWORKS participants. These guides are not intended to replace schedules and route maps available from individual transit agencies. Their purpose is to give CalWORKS participants and their advisors a general idea of what kinds of options are available and how to get more information about them. They include an overview of all the transportation options available to CalWORKS City of Cupertino 2002-2005 Conso,idated Plan Page 28 participants in four core counties, as well as instructions for how to get more detailed information by phone, in person, via the Internet and by mail. Also included is information about support for different options: subsidies for transit riders, Park & Ride lots for ridesharers and guaranteed ride home programs. Institutional Structure and Coordination - Key participants in the institutional structure include the federal, State and local government; nonprofit and for-profit organizations; social service agencies; and several major financial institutions that provide valuable capital. The Continuum of Care Plan, the Housing~Elernent, Fair Housing Reports, and other documents related to community development describe in detail how services are delivered and the interrelationship among v~arious public and private entities. In addition, the City of Cupertino is an active participant in the Countywide CDBG Coordination Committee, comprised of CDBG representatives from each entitlement jurisdiction in Santa Clara County. This group jointlY/funds surveys and studi~ (such as the homeless surveys and the recent fair housing study), works together to brainstorm new approaches to housing and community development concerns, and collectively implements a variety of regional planning measures intended to address issues of mutual concern. City of Cupertino 2002-2005 Consolidated Plan ONE-YEAR ACTION PLAN Summary of Funding --The City of Cupertino will receive a CDBG entitlement of approximately $474,000 for fiscal year 2003-04. This is Cupertino's first year as an entitlement jurisdiction receiving the CDBG grant directly from HUD. Of the $474,000, 20% or $94,800 can be used for administration, including fair housing services. Fifteen percent, or $71,100, may be used for public service activities. HUD regulations require that projects selected for funding benefii'~ery Iow and Iow- income households, eliminate a blighted area, or address an 8rgent (emergency) community need. In addition, only certain types of activities qualify under the CDBG regulations. Some examples of eligible activities are: removal of~ barrier~ to. the handicapped public improvements public services, affordable hOusing projects, ::,~ rehabilitation and property acquisition. .~;!'i'~' ' ~i~+~ Federal regulations do not allow more than 15% of the gr~.nt (excluding adm~n~strabon) be used for public services. To determine th~ ~blic se~ice cap, staff takes 15% of the total grant amount plus income earned during the previ(~us year. For the 2003-04 fiscal year, the public service cap has been set at $71,100. Public service activities benefit very Iow and Iow-income households and include activities such as childcare, placement services senor ega services etc. Other Funding Sources--The c~t~ of Cupe~in0 91so pro~;~des $102,200 ~n General Fund Human Service grants to s~x agenc~e~:prowd~ng services to Cupertino residents. These grants are administered by the ~i~ Manager's Office. A list of the agencies awarded funds for 2002,03 may be fo~d on Page 1 of the Five-Year Strategy. In addition to the General FU'nd Human S~Vice Grants and the CDBG funds, the City of Cupertino also utilizes $50,000 of the Below Market Rate Program in-lieu fees (Affordable H0~Sing Fund) tO fund the c~pertino Community Services (CCS) Affordable P acement Program, ¢. RFP Process -- In March, staff distributed a notice of funding availability to app~6ximateiy 30 organizations: Out of those organizations, ten proposals have been received. A brief description of each proposal along with the staff recommendation ~ fOllows. ~ Publi~ Service Grants: 1. R~ating §~lter Program C~rti~° Community Services, Cupertino 2000:0~ Grant: $25,000 2001~02 Grant: $25,000 2002-03 Grant: $25,000 2003-04 Request: $25,000 Annual Goal: Provide a maximum of 90 days shelter to 60 to 65 homeless persons per year in churches located in Cupertino, Saratoga and Sunnyvale. The program also provides counseling and City of Cupertino 2002-2005 Consolidated Plan Page 30 [ 0 ~2~ ~- other support ~erviees to help ~tabilize the guest's long term housing situation. Description: A total of 11 churches and one synagogue in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 11 of which are "host" churches. Each of the "host" churches provides shelter for a 30-day period. These "host" churches have the responsibility of Providing the guest with meals, YMCA passes for sh0~er~i:~etc. CCS provides additional support to the shelter guests, including job counseling and assistance in ~nding transitional and permanent housing. The agency is requesting fu~ids to Primarily cove[ personnel costs for the program and to sUpplement their operating budget. The program iS'also requesting $14,000. f~bm the city of Sunnyvale, $18,480 from the city of San Jose, and $8,500 from the county of sancta Clara. Total project cost is $144,178. Recommendation: $25,000 Cupertino Community Services has been very suCCessfUl in administering this program and it remains.o~ of t~; successfu!~[8~ting shelter programs in the county. CCS has a~'~)lied ~ of San Jo~§e and Sunnyvale and has been successful at Grant funding. Staff recommends the ~g Shelter Program. Comprehens CAP) Cupertip~:ommunity 2003-0~?Request: ~$2~,000 Annual Goa!; ~Prowde support services to 1,350 Cupertino residents. Cupertino Community Services has provided support '~services to the West Valley's Iow and very-low income I~0[~seholds since 1973. Support services include a food ~ pantry, clothing closet and rental assistance. Recomme~ $8,333 The agenc~ ~rovides necessary services to Cupertino residents. If more money were .a~ajlable for pubhc service acbv~bes, staff would recommend fully funding this I~i%ct. With limited resources, staff must take into consideration that CCS receives a significant amount of general fund money for the agency. Staff believes the CDBG public service funds must be used to fund a variety of services for seniors, battered women, etc. Cupertino Senior Day Services Adult Day Care Sponsorships 2003-04 Request: $10,200 City of Cupertino 2002-2005 Consolidated Plan Page 31 Annual Goal: Provide "~cholamhip~" to six Cupertino how-income seniors enabling them to receive adult day care at the facility. Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $10,200 As the Cupertino population ages, more seniors are in need of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to moving parents and older family members into an assisted living setting. ~-~, 4. Senior Adult Legal Assistance 2000-01 Grant: $6,500 2001-02 Grant: $6,500 2002-03 Grant: $11,667 2003-04 Request: $11,667 Annual Goal: Serve 65 Cupertino semors. ~ :~¢ Description: Seni~ ~d~i~s L. egal Assistance;(SALA) prov des free lega services [? Iow and ve~ Iow-~ncome sen~ors at the Cuperbno Sen~or Center. Legal seduces prowded are ~n the area of consumer co~pla~nts hoasmg eider abuse and simple ; :: wills. ;~! Recommendation. $,11,667 Seve[~! ~ffars ago, t~e qity counci!directed staff to work with SALA to increase their ~rvi~s and funding level~;~;.lackie Baddley, the city's Geriatric Social Work Case Manager, I~S stated that the increased grant has helped tremendously durjog t~he pas{ fe~ years and would like to encourage the city to continue fundir~ th~ agen~ at the increased funding level. Staff supports continuing to fund the agency at the increased level. The Support Network for Battered Women Domestic ViOlence Services for Cupertino Families 2003-04 Re~iuest: $5,900 Annual Goah Serve a total of 13 unduplicated Cupertino residents. Des~Hption: The Support Network operates Santa Clare County's only 24-hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $5,900 City of Cupertino 2002-2005 Consolidated Plan The ,~upport k~e~ork for ~affered Women prov{des a valu~bte resource to Cupertino residents as well as law enforcement officers in the city. Social Advocates for Youth School Based Case Management 2003-04 Request: $40,677 Annual Goal: Provide anger management services to 32 unduplicated Iow and very-low income Cupertino students. Description: Social Advocates for Youth (SAY) will. provide case management and anger management services to Cupertino students at target schools. Recommendation: $10,000 The program will provide a valuable service,to the City of Cupertino ~'~hoOIs. However, the applicant has not demonstrated in the application the ne~d for this type of service or whether there are 32undupiica~ed Iow and very-Io¢~ income students that could benefit from the program. For. the first year, staff suggests granting less money and allowing the program to begin operation. The goals will be reduced to accommodate the lesser r ~ ~ g ant. 85% APPLICATIONS: 7. Economic and Housing and Energy Services ~ram 2003-04 Request: $45,000 Annual Goal:~,%~ ~..Provide ho~ ~mprovement services to 20 Cupertino ~ '~ residents. ,~ ~onomic and:Social Opportunities' Housing and Energy .~'~ Serv~ce~ P, ~gram assists Iow and very-low income Cupertino residents with home maintenance and removal of ,~;,~ :i~"!'t ~. code violations. ~;; Recommendat,on: $45,000 ~.~,, The Droaram, will D~ide a valuable service to the City of Cupertino since the city "'~% no Ic;ng~r h~ a r~habilitation program. Many applications for the current rehab %~?~ p,rogram administered by the County of Santa Clara, are for small items such as grab bars ~d water heater replacements. Items such as these would be handled through this program. City of Cupertino 2002-2005 Consolidated Plan Page 33 ADMINISTRATION/FAIR HOUSING FUND: Project Sentinel Fair Housing Services 2003-04 Request: $6,996 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (6 cases a year)~ Description: Provide fair housing assistance to the city of CbPertino, including conducting presentations, coUnseling housing providers, and investigating allegations of discrimination. Recommendation: $0 The program will provide a valuable servicetO theCity of Cupertino, ~W~er, M d-Pen nsu a C~bzens for Fair Housing ha~ been prowd~ng Cuperbno s fair hous ng serv ces for many years. Staff recommends continuing to c~ntract with Mid-Peninsula Citizens for Fair Hous 9. Mid Peninsula Citizens for Fair Housing ' ~. Fair Housing Services 2003-04 Request: $10,200 Annual Goal: Fa r hbbSi'~ education to the h~;~ing industry, investigating allegations of d'i~i'mination (6~:ases a year). Description: Provide fail hOb~ing assistance to the city of CupeAino, including c~ucting p~sentations, counseling housing ~roviders, a~ investigating allegations of discrimination. "~" 10 200 '~ Recom~epdation: $ , ~ The program, wall p~mv~dea valuable se~ce to the C;ty of Cupe~no. M~d- Peninsula C~tiZe~ for Fair HouSing has been providing Cupe~ino's fair housing se~ices for m~y years. Staff likes the consistency of having Mid-Peninsula :: ~CitJ~'~ for Fair HoHsing continue the program. Staff would like to require that '?~ the agen©y be requ ~edto. meet w th ocal apa~ment managers annually to ~ review fair hqusing I~w and provide informational meeting for tenants on fair ~ housing. ~ AFFORDABLE HOUSING FUND: 1. Affordable Housing Placement Program Cup~ino Communi~ Se~ices, Cupe~ino 2000-01 Grant: $30,000 (CDBG: $3,007; AHF: $26,993) 2001-02 Grant: $50,000 (CDBG: $5,167; AHF: $44,833) 2002-03 Grant: $50,000 (AHF: $50,000) 2003-04 Request: $65,000 CiW of Cupe~ino 2002-2005ConsolidatedPian [~ Page 34 Annual Goal: Provide placement and necessary support services to 75 households (225 individuals). Continue current services and expand the program to encompass the entire BMR program. Description: Cuper[ino Community Services has been responsible for the screening and placement services for ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list for qualified applicants and provide services to those Placed in the affordable units. The agency purchased a fourplex on Greenwood Court that serves as transitional housing for the Rotating Shelter Program. Recommendation: $50,000 (AHF: $50,000) The agency has successfully performed the necessary task of screening and placement for Chateau Cupertino, City CeD{er Apartments and comp!!ing waiting lists for the below market rate program. Cupertino Community Servi(~es also continues to expand services beyond the scope spa?fled by the City. The city of Cupertino oversaw the Below Market Rate p[ogram and monitored the BMR rentals at Forge-Homestead and Aviare ~part~ents. However, limited staff time made auditing the Aviare and Forge-Homestead programs impossible. Last year's $10,000 funding increase enabled CCSto devote a full-time employee to the program. This employee is respor~sible for auditing Aviare and Forge-Homestead Apartments, as w~lFas I~ndling all BMR ownership resale requests. The staff person wo~ld al'~o asse~6ie procedural manuals for both the ownership and [.e. ntal programs:;~These manuals wdl assist any new staff person taking ove~ th'~ ~:~ram as well ~s document procedures. The following t~bl~e summarizes these proposed allocations. SummarY~ Proposed Allocations ~ ~ ~ ~003'04 ~G AIIocation: . ~, ~'" ~,;~Pr°grard'~;~d~minis~ation: $841600 ,.? ~'~ CCS - Rotating Shelter: $25,000 CC~ - Compret~ensive Assistance Program $8,333 ~i~ ~ CUpertino senior Day Services $10,200 ~h;%~ Se~i~r Adults Legal Assistance $11,667 ¥~% Su~i~ort Network for Battered Women $5,900 "~; ~ Sodi~al Advocates for Youth $10,000 '~ ~ ' ' 0 ortuntes ~,:~ E. conom~c and Socialpp ' ' $45,000 ~'~;~ ~Project Sentinel $0 Mid-Peninsula Citizens for Fair Housing $10,200 " Unallocated (85% fund) $263,100 Sub-Torah $474,000 Affordable Hou ing Fund: CCS- Affordable Placement Program $50,000 Sub-Total: $50,000 TOTAL: City of Cupertino 2002-2005 Consoridated Plan Page 35 Housing Element Actions -- In addition to these funding allocations, the following specific actions will be undertaken as part of the Housing Element process to address housing and community development issues during the one-year plan period. Implementation Prof:lram 2 Land Use Desiqnations In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation or zoning. The City will change land use designations/zoning to reflect the density ranges hecessary to implement Program 1 Time Frame: 2003 Responsible Party: City of Cupertino, Planning Department Quantified Objective: North DeAnza District: Revise'zoning sO that all 8.57 acres are zoned at a minimum of 35 dnits per aC~e. Homestead District Re~i,S~ z0~ing of 4.1 acres t650 bnits per acre so that a total of 12 acres are zoned at 50 bnits per acre. So.th DeAnza DistriCt, Revise zoning so that 8.73 acres are zoned at a minimu~ of 15 units per acre. Implementation Program 5: Housing Mitigation Plan - Office and Industrial Mitigation The City will continue to implement the "Office and 1~Su§tri~l Mitigation" fee program. This program reqbi~s'tf~t d. evelopers of offi~ and 'ndustr'a space pay a fee, which w~ll then be used to support affordable housing for famd~es who work in Cupertino but live elsewhere. T~'se'fe~s ~re collected and then deposited in the City's Affordabl~ Hod~ng Fun~!~he City will conduct an updated "nexus'study to determir~ ~hether t~e manner in which fees are calculated is stiii'~ropriate · ~,~ · .~ T~me Frame.' 2002-2003 Conduct updated nexus study Responsi~i~ Party: Ci~ of Cupertinb~'Planning Department Implementation Pr~'.~rra~:10: SUrplu~ ~roperty for Housinq In conjunction w t~!oca pub c agenc es, schoo d str cts and churches the C ty :.:wdl develop a I~st of surplus property or underutd~zed property that have the ~::?~ potenbal for residential development, compatible w~th surrounding densities. ~i;?i% Additionally, I~hg-term land leases of property from churches, school districts ~,i:~ ..... ~corporabons foX, construction of affordable umts shall be encouraged. Further, '~'he feasibility ~[ developing special housing for teachers or other employee groups on t~e~ surplus properties will be evaluated. Teacher-assisted housing progrg'ms.. ~.-~,,'¢ heighboring districts such as Santa Clara Un ted Schoo d'str'ct w' be reviewed for applicability in Cupertino. Time Frame: 2002-2003: Develop list of surplus properties and evaluate feasibility of developing residential units on properties. Responsible Party: City of Cupertino, Planning Department Implementation Proqram 11: Jobs/Housin.q Balance Program Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the Cil~ii[~ ~-~ City of Cupertino 2002-2005 Consolidated Plan Page 36 evaluate the impact of any application thai will produce additional jobs in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to the jobs/housing ratio in the City. In 2001, ABAG's estimate of the City's job/housing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. Time Frame: 2002-2003: Develop procedure to evaluate job~producing development proposals. Evaluate feasibility of policy and/or program that ties new job production to housing production Responsible Party: City of Cupertino, Planning Implementation Program 13: Density Bonus Pro,qram The City's Density Bonus Program provides f.o~r~a debsty bonus and ad'~iti0'~l concessions for development of 6 or more .uDitS that provide affordable~.h~'~sing for families and seniors. Included in the con. Cessions are reduced parking standards, reduced open space requirembr~ts, reduded setback requirements, and approval of mixed use zoning. The City wi, ch~g~ the Ordinance definition of affordable unit to housing costs affordable at 30% of household income for very Iow and Iow-income households. Time Frame: 2003-2003 C~ange affordability d~ition Responsible Party: City ofCQpb'rt'iho; ~lanning DepD~t~ent Implementabon Program 15: Res~denbal and M~xed Use Opportun~bes In or Near Employment Centers ~ ~ ~' The City will encourage mixed-us~ development and the use of shared parking facilities in cc n~ ~loyment centers. In addition to the deve opment opportun~beS avaflablethrough the "~eprt of the C~ty" Specific Plan, the C~ty will evaluate th~ possibility:~ allowing re~:i~ential development above existing parking areas, n spDc~fi¢','these a~reas would be near or adjacent to emp oyment centers and cOUld, Provide additional opportunities for housing. Ti~e ~came: ':'~:,~,.2002 - 2003 Evaluate parking opportunity sites ' ~ :~ ~ .2002L~. 2003 Eva uate incent yes that may be offered to en~courage residential development in or near employment ~. centers. Responsible P~rty: City of Cupertino, Planning Department Implementation I~rd~ram 16: Redevelopment Housing Set Aside Fund The City ~'established a Redevelopment Project Area, from which tax increm~rt~ funds are collected. A minimum of 25% of tax increment funds will be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element. Time Frame: 2002-2003 Develop policies and objectives for use of Housing Set-Aside Funds Responsible Party: City of Cupertino, Planning Department City of Cupertino 2002-2005 Consolidated Plan Page 37 Implementation Proclram 24: Preservation of "At Risk Units" The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31,2004. However, the development is considered at Iow risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. However, the City will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. Time Frame: 2003 Initiate contact with owner and HUD to determine status of subsidy renewal. Responsible Party: City of Cupertino, Planning Department. Quantified Objective: 100 units preserved as affordable housing. Implementation Proqram 26: Rental Housinq Preservatio~'Proqram The City's existing multi-family rental units prm)ide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: ?~ ~-~ When a proposed development or redevelcpment of a site would cause a loss of multi-family rental housing, the City will grant approval only if at least two of the following three circumstances exist: The project will produce at le, ast a 100 Yo increase ~qthe number of units currently on the site and~will'b6mply~with the City'~ BMR Program, and/or The number of rental ~nits"to be P~0~ided~on the~site is at least equal to the number of existing renal u~[~s an~/0~' ~'~ · No less than 20% of the unit~ wili"~omply,~it~ the City's BMR Program. Further, the preservation program'~dl include a requirement for a tenant relocation plan'with pr6visions for ~location of tenants on site as much as possible.~'~'~'~,~ ?~ Time Fra~: 2002-2003 Design Program ResponSible Pa. try: .! city of Cupe[t~io, Planning Department implementation Program 27: Conservation and Maintenance of Affordable Housinq ~:~. Developa program to encourage the maintenance and rehabilitation of .;/~ res dent a structures to' preserve the o der more affordab e hous ng stock ,;~?.~;~ Time Frame: ', 2003-2004 Design Program ~!,~esponsible P~rty City of Cupertino, Planning Department Impler~ntation pr0~ram 30: Fee Waivers or Reduction for Enerqy Conservation The CitYW[ll bvaluate the potential to waive or reduce fees for energy conserV~ti6n improvements to residential units (existing or new). Time F~:ame: 2002-2003 Responsible Party: City of Cupertino, Planning Department Implementation Program 31: Cupertino Community Services (Homeless Services) Cupertino Community Services (CCS) manages transitional housing and administers the "Continuum of Care" services for homeless, including the rotating shelter program. In order to facilitate any future emergency shelter needs, the Ci~ of Cupe~ino 2002-2005ConsolidatedPlan IO~Z.~O Page 38 City wi({ revise the Zoning Ordinance to all0w ermanent ernergen¢ shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Funding Sources: County of Santa Clara Urban County funds and Federal funds. Time Frame: 2002-2003 Revise Zoning Ordinance to allow permanent emergency shelters in BQ zones. Responsible Party: Cupertino Community Services. Fair Housing Actions -Federal fair housing law requires local jurisdictions to "affirmatively further fair housing" as follows: 1. Conduct an analysis to identify impediments to fair housing choice within the j risdicti ' ;~ '~ u on. ,:~ .¢? _. ":L~ -~&¢' 2. Take appropriate actions to overcome the effects of any ~mpealments identified through the analysis. ; 3. Maintain records reflecting the analysis and actions take in this regard. HUD interprets those broad objectives to mean: · :. Analyze and eliminate housing d!scrimination in the jurisdiction. · :. Promote fair housing chO~C~ for all ~ersons. ¢;?' Prowde opportunities for mclus~ve pa~erns.,~ of~ housm g occupancy regard ess of race, color religion sex famili,a,I stat~Js, disability and national origin. · :. Promote housing that is structurally accessible to and usable by all persons particularly persons ~th d~sabd~be~ ~ · :- Foster.~pliance ~h t~e nondii~ination provisions of the Fair Housing Act. To meet these osje~,t, ivg~, the'C~t~ of Cupertino wdl undertake the follow~ng acbons - many of which are ~i~e~tly incorporated from the Countywide Al under which Cupertino has b~en a pa~icipant ~ as part of the One-Year Plan objectives: /~ii'' Prepare the,C~ty of Cupertino s Analys~s of Impediments to Fair Housing Choice, ¢: ;;¢;~ identifying i~pedim~i~ts and developing concrete recommendations to address ~ these conce~s. ~ . ?~? . . . 2. Consider funding a service agency (or agencies) whose specific responsibility wlll~e to, provide pubhc outreach servmes to foster awareness of and support for fair hO~slng law; to ~nform shelter seekers of their dghts and remedies; and to publicize the availability of the services within the City and the County. Activities will include attendance at public functions and festivals, holding meetings for apartment complex owners and managers, and conduct meetings with tenants. 3. Consider funding a service agency (or agencies) whose specific responsibility will be to provide direct assistance to persons seeking to exercise their rights to equal access to housing, through information and referrals, consultations, and case management. City of Cupertino 2002-2005 Consolidated PJan Page 39 z~. Oon[inue suppor[ing [he preserva[~on of the existing housing stock and encourage the development of affordable housing whenever the opportunity exists. 5. To address the issue of a lack of sufficient funding to provide subsidized housing, the City supports the use of leveraged funds as much as possible in order to maximize the benefits of the funding. As noted in the needs section, a recent report, commissioned by all of the jurisdictions in Santa Clara County, provides updated information on housing d,iSdrirnination in the County, as well as an analysis of services provided by fair housin~.iorganiZations. Incorporated by reference and entitled Fair Housing in Santa Cla~ Oounty: An Assessment of Conditions and Programs, 2000-2002, this repbrt m~ke~ a series of recommendations to address Countywide fair housing concerns. AIth06gh these recommendations have not yet been adopted by the various jU~sdictions i~i the County, the City of Cupertino supports these recommendations in concept and will take action of these, as appropriate. The ~~ during the program year to ratify some or all ~ recommendations are as follows: Establish a Fair Housing Collaborative Task Force -- The report recommends that a collaborative task force, ~eeting on a regular basis, be established to address systemic fair housing issues, the collective goals set by funders for the fair housing community, and to foster, better information-sharing and familiarity with programsl The task force could ~i~y a lead role in implementing the fair housing program agenda of the combined Santa Clara County CDBG junsd~ct~ons, such as the specific substantive recommendabons outlined in this chapter. Continue the Benefits of Coordination at the Local Government Level - The report recommehds that the ~j~ng CDBG Coordinators group select represen~[~abves who will have a special oversight responslbd~ty for fair housing activiti~s'~n: a couoty~ basis; One of the responsibilities of these coordinator~ ~ggi~ be the development of criteda for conduct ng cost-benefit analyses of fair hgusing services across jurisdictions. Make Imp[0vement~ in fair housing services and structure: a) The report ~ecommends that all of the County jurisdictions contribute funding to the "specialty" ~air housing efforts, and that the "oversight" exercised by Project Sentinel over the current'~ollaboration be shifted to the Fair Housing Task Force. b) .;The fair housing monitors should annually retain an outside expert on test ng and ~enforcement strategies to conduct s~te ws~ts at the primary fair housing providers and assess ~nvestigation and testing quality. Fair housing funders should use these evaluations in making programmatic and funding decisions. c) Most of the existing fair housing organizations have at least one attorney on staff; however, the report suggests that the fair housing organizations could do significantly more to develop an in-house litigation capacity. d) The report recommends that CDBG jurisdictions find a way to integrate the San Jose office of Bay Area Legal Aid into its long-term funding structure. BALA has done outstanding work in fair housing services, fair housing litigation, and investigation of City of Cupertino 2002-2005 Consolidated Plan Page 40 predatory lending problems in the County. 4. Develop new sources of fair housing funding - The report recommends that CDBG jurisdictions pursue two other sources of funding. The first of these is funding from HUD's Fair Housing Initiatives Program (FHIP), which distributes about $20 million in grants annually across the nation for the development of model fair housing programs. The second promising source of funding is litigation. If the fair housing network seeks attorney fees in succe~ssfully litigated cases, or contingent fees in settlements this can provide a.s?bstaD[ial and self- sustaining source of funding for continuing enforcement ~q[k. 5. Establish proactive goals for the Fair Housing CommunitY aimed at steadily reducing fair housing problems - The report suggests that the CDBG jurisdictions develop specific, comprehensive g@a!s for the fair housing community. .~..t '.. 6. Measure forms of discrimination and deterrent impact of existid;g enforcement activity -- report recommends that program of systematic, randomized housing audits by instituted. Over time, this would generate a robust source of information on discriminatio~ I&'vels, variations across the County, including Cupertino, and trends over time 7. Better public education ~ Tt~e'rep~ recommend~t the Fair Housing Task Force take a lead role ~n developing pubhc ~utreach campaigns that have a countywide orientation and that jointly pUbliCize the services of the various fair housing organizations. Such ~Ub!id'~ducatio~ ~fforts ought to reflect actual and unique conditions that exist in Sa~{a Clara ~ounty. Some specific outreach Uld inclUd strategies co e: a) Workin~ with reportei~ in the local media to do "investigative" stories on important fair houSing p,~oblems (e.g:: banks width deficient lending records, apartment buildings with restrictive occupancy levels). :i b) Giving short talks on fair housing issues at forums primarily devoted to other topics (e.g., ,~- c~drches, labor union meetings, community organizations). ~ '~". c) mprov ng systemat c information and communication with social service agencies in the ,~;~ ~:~. region. ' i~d)Deve op ngan ntegrated set of Public Service Announcements from all of the coordinated t fair housing agencies, to be broadcast and published regularly through a coordinated agreement with local media outlets. Negotiate more responsive behavior from problem banks -- Some financial institutions in Santa Clara County ara pursuing underwriting standards or other practices that have the effect of denying credits to Blacks (and to a lesser extent, Hispanics) at a disproportionate rate. The Task Force might be an excellent vehicle to implement a strategy for improving bank performance. 9. Support investigation and litigation aimed at predatory lenders -- The flip City of Cupertino 2002-2005 Consolidated Plan [~) - ~_~-~ ~ Page 41 side of lower access to conventional loans by Hispanics and blacks in Santa Clara County is higher targeting at these groups by "predatory" or "subprime" lenders. A coalition of fair housing organizations has been working to assess the scope of regional predatory lending, which local jurisdictions should support. 10. Monitor compliance with protections for the disabled -- Currently, compliance with the fair housing laws concerning persons with disabilities is haphazard, though much good work is being done. The repq~ ~.uggests that the Task Force be charged With developing a strategy for peri0di~ll~'hnonitoring individual cities for compliance. This would include the follOWing: ~ a) Development of a census of group homes in Santa Clara Co~ty, and ~0als for individual cities to encourage development of their "fair share". · ~ b) Determ nat on of whether indiwdual c~bes are properly mo~n!tormg the construcbon c multifamily housing to comply with requirements of fair ho~sing laws. c) Meetings with land use officials from ~nd~wdual c~bes to identify areas of ex,sting land use regulations that should be revised to come into conform!~ith current standards. d) Training of land use officials on the fair housing ~cce~sibility requirements. City of Cupertino 2002-2005 Consolidated Plan Page 42 MONITORING STANDARDS The City of Cupertino follows the monitoring requirements for the use of federal funds as directed by HUD. For example, the City is required to prepare Quarterly and Annual Reports for the use of CDBG funds, which will be submitted to the Housing Commission and the City Council to ensure there are appropriate internal "cross check" controls over the use of funds. Subrecipients are monitored for compliance with CDBG regulatio.~Sand'fbr, success n carrying out the goals and objectives defined in their CDBG contract. Each year, program staff define priority areas for the monitoring program based on local and national trends and concerns. During site visits, the City spOt check~ client files to confirm income eligibility and other guideline compliance, and 'reviews the agency's performance with respect to the services ident f ed n the contract Specific questions to be addressed include: · Is the project operating within the approved budget? If not why not? · Has there been an audit of the agency? If so, ~0~ is Obtained and reviewed. If not, why not? · Where there is program income, what is the process for rePorting and using it? · Do accounting records adequately identi~the use of CDBG funds? · Are accounting records supporte~ by s~e ~&~urnentation for vendors (invoices, purchase orders, time sheets, con;~ract~ · can the agency document use of fun~s through records such as payroll ledgers, cancelled chec~, receipts ledgers, b~nk deposit tickets and bank statements, time sheets and (~b~tracts fori§ervices? · s the nf0rmat on revi by a s!tg: ~isit consistent with the records maintained by the agency and~ith data previouslY provided to the City? · What Procedure does the subrecipient use for procurement? Is it consistent with .. ~: Circular A, 11~,. ·(n°npr~ts) ~r. A-102 (govemmental entities)? ~¥ Are the actuai ~easural~i'~ accomplishments of the project to date proceeding according to cootract projections? If not, why not? · ISthe project prOviding the full scope of services delineated in the contract? If not, why no? · What are th~ number and percentage of Iow and moderate-income people served by the project? · How does the project prove that it serves Iow and moderate-income people? · Does the project serve minority populations? What is the method of outreach? · Is the project on schedule? If not, why not? · How does the agency evaluate the effectiveness of the project? City of Cupertino 2002-2005 Consolidated Plan · Doe~ the project conform to any additional term~ of the contract? · Has any work on the project been subcontracted? · What effort was made to employ local residents and use local businesses and contractors? · Is the agency complying with equal opportunity requirements? · Is the agency complying with disability access and nondiscrimination requirements? Subrecipients are reimbursed for expenses incurred on a quarterly basis upon submission of full documentation of all expenses. Reimbursements are made only for line items contained in the budget of the contract between th?,,~agency'and the City. The City additionally monitors its housing and communitY develdpment goals by~;: reviewing the implementation of various strategies 0Utlined in the Consolidated Plan to ensure the targeting of assistance to priority groups, as identified. The monitoring process also includes solicitation of input from the Housing Commission and the Steering Committee on the Consolidated Plan and the a§SOciated Performance Report. These entities advise the City Council on housing 'PolicY matters. Each update of the Consolidated Plan is also subject to extensive public review and comment, prior to submission to HUD. City of Cupertino 2002-2005 Consolidated Plan Page 44 TABLE lA Homeless and Special Needs Population Individuals Emergency Shelter 20 15 ~-5 L Beds / Units Transitional Housing 15 11 .... ~ -4 L Permanent Housing 14 10 , '~ -4 L Total 49 26 -13 Job Training 24 3 -22 H Case Management 20 14 -6, L Estimated Substance Abuse Treatment 8 0 -8 L Supportive Mental Health Care 35 : 0 -35 H Services Housing Placement 29: Slots Life Skills Training 24 3 -21 ; H Other ' Chronic Substance Abusers 7 1 -6 L Seriously Mentally III ' 7 0 -7 L Estimated Dually - Diagnosed 1 0 -1 L Sub- Veterans 6 0 -6 L populations Persons with HIV/AIDS 1 0 -1 L Victims of Domestic Violence 27 ; 1 -26 H Youth , ~ 3 1 -2 L Other Disabled Populations ', 6 0 -6 L Persons in Families with Children Emergency Shelter * :- 31 23 -8 L Beds / Units Transitional Housing 15 14 -1 L Permanent Housing ~- ;~ 12 8 -4 L ,~¢: Total ~,¢ 58 45 -13 tO' ;Job Training ~;~-,~' ,- ? ' 41 4 -37 H Case Management 31 23 -8 L Estimated Substance Abuse Treatment 12 5 -7 L Supportive. Mental Health Care 21 2 -19 M Services '~, Housing Placement 28 22 -6 L Slots Life Skills Training 41 4 -37 H Chronic Substance Abusers 10 0 -10 M Seriously Mentally III 11 80 -3 L !i~imated Dually - Diagnosed 1 0 -1 L Sul~'? Veterans 9 0 -9 L populations Persons with HIV/AIDS 0 0 0 L ~, i Victims of Domestic Violence 9 1 -8 L ,~- Youth 3 1 -2 L , Other Note: these estimates are based on extrapolating data from the Countywide Continuum of Care Plan and may not exactly reflect the needs or inventory available to homeless persons in Cupertino, These figures were dedved by attributing a pro rata share of each category based on the pro rata share of population in Cupertino versus the total Countywide population. 2002-2005 Consolidated Plan Page 45 TABLE lB Priority Needs of Special Needs Populations Elderly Frail Elderly Severe Mental Illness H 120 M 40 $6,000;000 40 $2,000,000 16 L 20 $1;000,000 10 Developmentally Disabled M 45 $2;250,000 10 Physically Disabled M 56 $2,800,000 27 Persons w/Alcohol/Other Drug : ~ ~ Addictions L 31 -. $1,550,~0 10 Persons w/HIV/AIDS L 0 $0 0 L~ Other (homeless, victims of domestic violence) : 343 655~. TOTAL $17,150,000 $32,750,000 228 CRy of Cupertino 2002-2005 Consolidated Pla n Io- D Page 46 TABLE 2A Priority Needs Summary Table Renter Small Related Large Related Senior Ail Other ~ 0-30% H 121 31-50% H 51-80% L '~ 33 0-30% M 41 31-50% 51-80% 0:30% .31-50% 51-80% 0-30% M 51-80% M M L 32 : 65 65 30 64 95 38 41 21 25 10 L 0 0 31-50% 0 0 L 0 0 Owner (BMR ownership unit~) Special Needs (Rotating shelter, ~ousing authori~P numbers and support Network~ Total Goals 0-30% H 104 25 31-50% M 64 3 51-80% L 56 40 0-80% H 343 115 518 Total 215 Goals Total 215 Renter GoalS~ Totar 215 Owner Goals~ 518 45O 68 City of Cupe~no 2002-2005 Consolidated Plan Page 47 TABLE 2B Community Development Needs :ILITY NEEDS (projects) Senior Centers Handicapped Centers Homeless Facilities Youth Centers Child Care Centers M M Health Facilities L Neighborhood Facilities I_ Parks and/or Recreation Facilities Parking Facilities Non-Residential Histodc Preservation Other Public Facility Needs INFRASTRUCTURE (projects) Water/Sewer improvements Street Improvements Sidewalks Solid Waste Disposal Improvements Flood Drain Improvements __ M L ~ L L M $6,500,000 $9,250,000 $1,325,000 $3,750,000 $375,000 $800,000 $750,000 $75,000 $1,275,000 $975,000 Pedestrian/Bicycle Facilities M $5,975,000 $875,000 Traffic Facilities ' M $795,000 $795,000 $595,000 =UBLIC SERVICE NEEDS (people) $21,867 Senior Services Disabled Services ' ' , L Youth Services L $40,677 $10,000 M 26 30,000 LF 350 32 37 59 26 1,910 $55,500 Child Care Services M Transportation Services Substance Abuse Services L $10,800 Employment Training H $147,50(; $10,000 Health Services L Lead Hazard Screening L Cdme Awareness *~ L Domestic Violence Support Food, Clothing and Other Basic Needs ECONOMIC DEVELOPMENT ED Assistance to For-Profits(businesses) ED'rechnical Assistance(businesses) Micro-Entarpdse Assistance(businesses) H M $11,70£ $47,75C M M L L L L Rehab P~.ublicly- or privately-Owned Comm er~i~l/lnd u stn"ai (projects) C/I* Infrastructure Development (projects) Other C/I* Improvements(projects) PLANNING $5,90C $8,335 Planning M $750,000 $50,00( TOTALESTIMATEDDOLLARSNEEDED; $30,893,127 $4,41'1,90~ See narrative City of Cupertino 2002-2005 Consolidated Plan Page 48 DEVELOPMENT OF THE CONSOLIDATED PLAN: OVERVIEW Time Frame -Cupertino's first Consolidated Plan is effective from 2003 to 2005, in order to be consistent with yet-to-be-released special Census tabulations. Once these tabulations are available, Cupertino will revise its Five-Year Plan based on any new demographic data, as warranted. After the year 2005, the Consolidated Plan will be revised every five years. Lead Agency -Cupertino's Department of Planning, auildin~ and H~'~'Q coord n~t~_~ the overall completion of the Consolidated Plan, with the suDDort 0f other ~enRri'm~nf~ such as Parks and Recreabon and Env ronmental Services t~s~.COord nates in ut from the public and the City Council, and schedules publ c ~?ings ~n~ community meetings. ' !T~.~ ~ Partic~pantAgenc~es - In add~bon to the Departm.e, pt§ listed above, the coordinates the Consolidated Planning process wit~ the following Santa Clar~'County agencies: ~;~ Housing and Community Development ~?.~'~ City of Gilrov Department of Planmng and Community Development ~;~City of M~untain View Department of Planning '~3itv of D vision of Community Services Department of Community Dev~i~.bme~l:'~ ~. Cit~f ~.nnv,,~l~ Depa~ment of Housing and~m~nity De~ent ~n~'~lara Housing Authority of the County of ~ta CI~~ ~ County of Santa Clara T~e. ag~nc~es I~t~d ~.~eet on an~ngo,ng b~s to share ~nformation and s~ra[eg~es mr aaa[e~sing hqusing need~; and to provide HUD with nformat on re ardin the County's r~al appr~)ch to ce~a~sing issues (such as homelessnes~, g uitizen Pa~i~ipb~?n Probess~he~fol Ow ng tab e h gh ghts the citizen a~ic at on r ~ · ~ ..... ~ ~ · · . P P p ocess for the Consohd~ted Plan. The Qty a total of s~x hearings on the plan and the proposed~u~ of funds~ Hear ngs were noticed n oca news a ers of en ~¥~ P p g eral c rcurat~on;an~ ~nd~wdua~.qrgamzat ons and agenc es were ma ed invi ' ' . ~. ~ ~ ~, _ tabons d~rectl c~s ~nd flyer~.,~re alsg~ranslated into languages other than English to ensure ~e ~aes[. represen~a[ion. ¢~ pgssible. . A. summa~ of comments from the pub c hearings wn~en test~mo , can be found m an appendix. City of Cupertino 2002-2005 Consolidated Plan l0 - ~51 Page I Hearing on housing needs 3/13/03 Invitation to organizations and agencies. Notice posted at library, city hall and senior center. Focus groups on housing needs 3/17/03 Invitation to organizations and agencies. Notice posted at 3/18/03 ~ library, city hall and senior center. Published Notice 4/29/03 I Notice Releasing Document for Comment Headng on Use of Funds (Housing 4/10/03 Public Notice published in Cupertino Couder. Notice posted Commission) at library, city hall and senior center,~,, Headng on Use of Funds (City 5/5/03 Public Notice published in Cupe~r~% Co~d~ Notice posted Council) at library, city hall and senior ;~n~er. Hearing on Consolidated Plan (City 5/19/03 Public Notice published in C~)erti~o Courier. Notice posted Council) at library, city hall and se~n~or center:;~ Hearing on Consolidated Plan 6/13/03 Public Notice published i~'Cupertino C0~der. Notice posted (Housing Commission) at library, city hall~nd seni(~r:"-~enter. Hearing on Consolidated Plan (City 6/16/03 Pubhc Notce pub ~Shed~m Cupert no Courier Notice posted Council) at library, cit~ ~all~ and senior· center. ' City of Cupertino 2002-2005 Consolidated Plan Page 2 HOUSING AND HOMELESS NEEDS ASSESSMENT The City's certified Housing Element provides substantial information on housing needs in Cupertino, and is incorporated here by reference. The Housing Element includes an analysis of the housing stock and households, estimates of Regional Housing Needs, evaluation of past progress in meeting Housing Element goals, and projected goals, policies and programs. In addition, the City is an active partner in the Countywide Continuum of Care Plan (CofC), which is also incorporated by reference into this Consolidated Plan. The Plan seeks to create a comprehensive and coordinated system of affordable housing and support services for the prevention, reduction and eventual end of homelessness. A summary of demographics and needs from these sources can be found below, supplemented by relevant data from the "CHAS Databook." Population: Between 1960 and the year 2000, Cupertino experienced a substantial growth in population, reflecting northern Santa Clara County's transition from an agricultural center to worldwide headquarters for high technology. By the year 2020, Cupertino's population is expected to i reach 66,400 perso~§~" ~i ::~ 40 34,015 Race/Ethni¢ity:. Census revealed Cupertino ha~ ~ecome d ~rse commUnitY ~Be~een 1990 and 2000 the A~an-Amer can popu abon ~ncrease~ from 23% to'44%, almost equahng the Ca~ucas~an population. City of Cupertino ~)_ ~.~,.~ 2002-2005 Consolidated Plan Page 3 Age: Between 1990 and 2000, the percentage of children, teenagers and older adults (65 or over) increased while the 20-65 age group declined, consistent with State and national trends. 6.0% 6.1% 0.1% 17.8% 22.3% 4.5% 58.0% 51.9% -6.1% 9.8% 8.7% -1.1% 5.2% 5.8% 0.6% 3.2% ' 5.2% 2.0% 2.85 2.80 : ~ 2.75 ~i~;=' 2.75 ~ / ~:~: ¢ 2.70 2.65 ~2.~ 2.60 Households: Although household sizes dropped to about 2.6 persons per household in 1990, they are on the climb again, and are expected to reach just over 2.8 before leveling off in 2020. Income Levels: According to the 1990 Census - the most recent data ava!!a~le - about 8 Yo of all households earned less than 50% of the median income and were considered very Iow-income. Another 4.5% were considerb~J~Wqncome. Th~ vast majority of the househo ds n Cupert no however, were considered moderate ~ncome and above. The following table sp ts out this data by renters and owners. ...... R~nter Households 13.5% 7.2% 79.3% ' O~ner Households 4.8% 3.0% 92.2% TOTAL 8.0% 4.5% 87.5% T~e Housm~ Element estimates that in 2000 there were 8.5% ve~ Iow-income hoUSeholds and 4.4% Iow-income households. Many of these lower-income households include se~ ce wor~ers who contribute to and are employed in the City Cupe~i~ and su~undin~ areas. For example, a full-ti~e se~ice wor~er earnin~ $7 per hour basin annual income o~ less tha~ $15,000, making hi~ or her a ve~ Iow- income persom Similarly, a thr~e-person household with a teacher as the prima~ wage-earner and a spouse who stays at home to care ~or the child would likely have an income of less than $62,150 per year and would be considered a Iow-income household. Currently, the US Department of Housing and Urban Development (HUD) defines the various income levels as follows: City of Cupertino 2002-2005 Consolidated Plan Page 4 EliElllla VLl(50% of MFI)~i~!i~~ $56,950 $61,200 $65,400 $69,650 LI (78% of MFI) $88,650 $96,200 $101,800 $108,350 MEDIAN (100% of MFI) $113,900 $122,400 $130,800 $139,300 MOD (120% of MFI) $136,680 $146,880 $i56,960 $167,160 Geographic Distribution of Minority and Low-Income Conceht~ations?' H U D suggests that any Census tract that has a minority population tt'i~'~i~ 20 percentage points greater than that of the group's total population within[he community would indicate an area of minority concentration. Based on the 2000 data, there are no Census tracts that are considered to contain a minority concen~i'ation. "~' 20.7%;: None 20.2% None 64.4%'~. None 20.1% ~' ~ None 24.0% ¢'i'''~ None In add,ben, the Consolidated Plan regulations require that to the extent that any racial or ethnic group tias disproportionately greater need in comparison to the needs of that r-~ tegory asa whole, assessment of that specific need shall be included. For this purpose, disproportionately greater need ~xi~t~' when the percentage of persons in a category of need who ar~ of a particular racial or ethni~ g~:~)up is at least 10 percentage points higher than the percentage of persons in the category a~a whole. According to the o~iy C~sus data available to determine potential areas of disproportionate need, the following categories of households have disproportionately hig~ percentages with any ~ousing problems. ~ VLI Asian Renter Households 128 LI Hispanic Renter Households 29 MOD Black Owner Households 7 It should b~ ~oted, however, that this information represents a very small number of households with disproportionate needs. In general, the housing needs of various income groups within various ethnic/racial categories tend to be similar with one another. 1Defined as overcrowding, overpayment for housing cost, substandard conditions, or any combination of these three factors, CiWo, C .e*no 2002-2005 Consolidated Plan Page 5 Cost Burden: In general, "affordable housing" is that in which a household pays no more than 30% of its income for housing, including utility costs· Households paying more than this are considered cost burdened, while those paying more than 50% are severely cost burdened. According to 1990 data, about 72% of the City's very Iow- income households paid more than 30% of their income on housing. About 66% of all Iow-income households are similarly burdened, while 55% of all moderate-income households have a cost burden. At-Risk of Homelessness: In conjunction with other factors, such as Unemployment or other income problems and chronic health concerns a family ~w.,i. th a cbSt burden may be at risk of homelessness. Based on available data, there are prob~ably between 1,000 and 1,500 households that are at risk of homelessnessl Overcrowding: According to the 1990 Census, there were 6i~ househ~ids that could be classified as overcrowded, defined as more than o~ person per room. How~er using this definition, this figure represents only abg~J~ 4% o~ all households.,,~king at the information provided by HUD in the CHA~D~{abook~from the early 1990'~, the following picture emerges: ~% 42 683 6.1% 46 12.4%" 538 8,6% 41 10.2% 51 689 7.4% 32 10.2% 53 611 8.7% 21 ? 5.3% 409 12,740 3.2% 378 6.8% 601 15,2§~ 3,9% Th~s table shows that, of the15,000 hous~olds ~n Cupertino in 1990, just 601 were overcrowded.: it also showS:that n gene~~, the ower the ncome, the higher the percentage of households that are overcrowded. Renters tend to be more overcrowded than owners. Additional'data sugge~t'~'hat large families tended to be more overcrowded than s~aii families. Waiting Lists for Housin~ASSistance: Service providers often have waiting lists for ¢ individuals and families seeking housing and related serv ces. As an example the ROusing Authority ~aintains waiting lists for persons seek ng hous ng through their voucher program. As of this writing, there are 59 applicants on the waiting list in Cupertino. Housing Needs of Homeless Persons: There are homeless persons in Cupertino, although they are often hidden. A 1999 survey of homelessness Countywide did not specifically identify the number of homeless in Cupertino, but staff estimates that there are about 50 homeless people on any given night in the City. Homeless individuals and families need a wide range of services, not just housing. These services may include drug/alcohol addiction counseling, life skills training, job placement, physical and mental health support, and a variety of similar services. City of Cupertino 2002-2005 Consolidated Plan Page 6 At noted above, the City it an active participant in the Countywide Continuum o{ Care (CofC) Plan. As part of this effort, the Plan provides extensive Countywide information on homeless demographics and needs. The following summarizes the data on homelessness from that report: 65% of those home[ess surveyed in 1999 were male 36% were Hispanic, 35% were Caucasian, and 18% were African American 36% were under the age of 18, while 2% were over 65 ..... ' single, unattached adults make up about 60% of the homeless population of the homeless families with children, 66% are headed by a single mother: - 28% of homeless persons are or have been substance abusers ".- .~:~ 10% of those surveyed identified themselves as suffering from ? seve~'e mental illne?s 23% of the women indicated they had sufferance domestic violence 34% stated they were homeless despite being employed 81% had incomes less than $1,000 per month 41% had at least some college education Housing Needs of Seniors: In 1990, 12% of all households included a member who was 65 years old or older. Of these senior households, 22% Were owners and 78% were renters. By 2000, the number of semor househo ds increased to 21% of all households. Countywide, the senio£popul~tion i§~exp~cted to ncrease by almost 90% between now and 2020, with the popula!igh~'of senidm~ over the age of 85 years expected to almost double in size. Th~ figures S'uggest there will be an even greater demand for a range bfh0using opportui~iities, such as independent living facilities, assisted housing or congregate care facilities, group homes, and other living arrangements for seniors. :, Housing Needs of Persons with HIV/AIDS: According to a 2000 study of the gay, lesbian, bisexual and transgendered people 11% indicated they needed spec a H V care.~'A 1997survey of homeless health needs found the number of homeless people witi~HIV is increasing. Since learning they had HIV/AIDS 36% of people with AIDS .j h~ve been homeleAs. It is e~timated that anywhere between 4,000 and 10,000 peop e i~{~e County are ihfected with H V, ofwh ch 6% ve on the streets or in shelters, wh e 14°/; live with friend~ or in a relative's house. Housing Needs'~)fPersons with Disabilities: There are approximately 4,000 people in Cupertino+with a work disability, defined as a disability that interferes with a person's ability to work. From a housing perspective, there are several different housing needs of disabled persons, from those with developmental or mental disabilities, to those with physical disabilities. In Santa Clara County, the average range of SSI payments for 2000-2001 was approximately $600-700 per month - an amount that is insufficient for securing affordable housing in the region. Lead Based Paint Hazards: In general, any unit built before 1978 may contain lead- based paint (LBP). The County Health Department generally uses 1950 as a cut-off City of Cupertino 2002-2005 Consolidated Plan Page 7 date a9 the primary (though not definitive) indicator of potential LI~P hazards, since by this time LBP was substantially regulated. Based on this definition, there are an estimated 500 units that have lead hazards. Lower-income families will likely occupy some percentage of these units, but there are no definitive data to estimate that number. Projected Housing Needs: The Association of Bay Area Governments' (ABAG) housing need projections represent Cupertino's share of what the State believes the growth will be over the next five years. Cupertino's current shars of tl~e't~ousing need is 2,325 new units over the next several years. The following table breaks these numbers do n by income category w . ,~ 378 188 626 1,133 City of Cupertino 2002-2005 Consolidated Plan Page 8 HOUSING MARKET CONDITION~ Housing Units and Type: A substantial portion of Cupertino's housing stock was built after World War II and reflects its suburban, residential character. According to 2000 Census data, there are 18,682 housing units, of which 8 were mobilehomes. From 1990-2000, a 71% 7% Multifamil 5 or More Units 22% total of 2,074 new units were added to Cupertino's housing stock. This rePresents a production rate of approximately 200 units per year Jobs-Housing Balance: Using Census data from 2000, there are aboUt 2.5 jobs per every household, making Cupertino a "job rich" community. This ratio is important because as more jobs are created, there is greate~r demand on the existing housing stock in the community, which causes increases in housing costs and longer C°mmutes times. Substandard Units: There is not a significant number of hOUsing units needing repair or replacement in Cupertino; at most, 6% of the units ~re substandard, or about 1,100 units. However, this figure would be the maximum in need of an'~ kind of rehabilitation, including minor home repairs. "~:'~'*~.,,.- Housing Costs: In February 2003, !be med an sa ~s p.r, ice for a single-family home in Cupertino was $768,000, a decline 6f more;titan 2;~ §ince 2001. The median price for a townhome was $479 000 ~n February, ~verage ,rents have also dechned by February 2003, they had dropp, ed t~$1,604 per*6~it, a decline of almost $750 per month, or 32%, since 2001 ..¢" '%~ ~ Despite these reductions In ho~§~ng prices, typical housing costs sbll far exceed the ability of very':lo¢~n~d IoW~inc~o~:e;~'heU~*~holds to afford housing. The following table illustrates the difficdltY ~dous families of lower income have in finding housing that is affo[dable to them, co~p,aring different kinds of households and the amount they shodl~ pay f0r housing t° afford it, compared with the actual amount. Shaded areas ihdicate those sit'Sations in~h~ich the household would be overpaying for housing. Household o~ Fixed~lncome (e.g., Social Security) of $700/Month Extremely Low-income (4 Persons) Very Low-Income (4 Persons) Low-Income (4 Persons) Moderate-Income (4 Persons) Above Moderate-income (4 Persons) $700 $791 $1,319 $2,053 $2,638 $3,165 $1,604; $1,604. $1,604 $1,604 $1,604 $2,585; $2,585 $2,585 $2,585 $2,585 $4;144 $4;144 $4,144 ~!~ :~$4;144 :,i $4,144 Public Housing and Section 8--Although there is no conventional public housing in Cupertino, the Housing Authority does maintain a supply of Housing Choice Vouchers for residents in the City. In 2003, there are 64 tenants receiving vouchers, while CiW of Cupe~ino 2002-2005ConsolidatedPlan Page 9 another five receive assistance through the Moderate Rehab program. The following table provides demographic information on this population. FAMILIES EIdedy and Disabled 4 6% Eldedy but not disabled 17 25% Not elderly and not disabled 6 9% Not elderly but disabled 42 61% ETHNICITY ~ Hispanic 17 25% Non-Hispanic 52 75% RACE Caucasian 34 49% American Indian/Alaskan Native 9 13% Asian 4 6% Hawaiian/Pacific Islander 22 32% Loss of Affordable Units: The only affordable housing development at risk of converting to market rate is the Sunnyview development; whose federal subsidy contract will expire in May 31, 2004. However, the de~9!opment is considered at Iow risk for converting because it is owned by a non-profit org ~anizat!on, which has indicated that it will renew the assistance again in 2004. The City will~.~onitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. '"" ' :¥ Fair Housing: Unbl th~s year, the C~ty o[ Cupert~n~ s Consolidated Planning requirements were t~e responsibility o~i~t~ Count~;;~since Cupertino lacked sufficient population to qualifY'~entitlement j~risdiction. As part of the County's efforts it was required to C6~plete a Countywide An~ai~sis of Impediments to Fai~Housing Choice (Al) fo~ t~e un ncorPbrated areas~a~ well as those jurisdictions with fewer than 50,000 residents~ ~up~!no's draft Consolidated P an ncorporates the County's Al by reference and inclUdeS an action item in the one-year p an to conduct ts own independent ~AI. ~J;~!~ , . . ~e City places a ~igh priority on promoting and ensunng open and free choice ~n ~?~ ~0using for all pe~0ns. It iSthe City's intent to maintain a nondiscriminatory enwronment ~n all aspects of the pubhc and pnvate housing market within the City, and to fo~ser complianc~with the nondiscrimination provisions of the Fair Housing Act. Feder~l;egulation~equire participating communities to certify that they are affirmatively .full'ring fair housing and conducting fair housing planning by: --) Cond~'(~ting an analysis of the impediments to fair housing choice --) Taking appropriate actions to overcome the effects of any impediments identified through the analysis, and Maintaining appropriate records of the analysis and actions. The County's Al found that among the impediments that affect access to housing in the County, including Cupertino, are the following: City of Cupertino 2002-2005 Consolidated Plan Page 10 1. The lack of affordable housing (rental and sale) restricts people in their ability to purchase or rent housing. 2. The lack of available housing creates an inadequate pool of housing stock. 3. The price of land suitable for new housing, which is related to the scarcity of land. 4. The lack of available local funding, especially for affordable housing, has been exacerbated by the lack of federal and state funding available for housing. : 6. The high cost to develop affordable housing, which has been found to cost at least 20 to 30% more than equivalent market rate housing. ' 7. Occupancy restrictions in rental housing, especially when the property invol~ed is a small apartment complex that is owned by people with only a modest amount of rental property, has shown to be a significant restraint. 8. Stigmas associated with affordable housing are often generated by fears that affordable housing will lower property values, bring crime to the neighbOrhood and result in a lowering of the quality of life for existing residents. 9. Federal caps on incomes limit the provision of housing assiStanCe to those households earning 80 percent or less of median income for the area receiving the assistance (e.g. Santa Clara county). 10. Discrimination in housing continues to influence who may find housing and who may not, especially in terms of families with Children, who remain the largest single class affected by discrimination in the Urban CountY. A recent report, commissioned by al! of the jurisdictions in Santa Clara County, provides updated information on housing discrimination in the County, as well as an analysis of services provided by fair .housing orga~!zations. T~is report, released in early 2003, is also incorporated he~e by: reference. En~!tled Fair Housing in Santa Clara County: An Assessment of COnditions and Program~;% 2¢O0-2002, this report provides detailed information on t~e followingiopics, amon~;~hers: Demographic Setting a~d R~Oiai Trend8 in Santa Clara County Fair Lending in santa Clara County: an Analysis of Home Mortgage Data ~¢ ;~, Fair HOUsing Experiences and Perceptions: A Survey of Santa Clara County Residents ~t??' Fair Housi~g Services i~ S~ta Clara CountY ~;¢% Santa Clara CountY Land Use and Zomng Issues Among the conclusions of this report are the following main points: 1. Fai( housing conditions in Santa Clara CountY are, as a general matter, very good; in some cases they are outstanding. Although the report does identify important problems that should be addressed, Santa Clara County has a number of achievements: an exceptional level of racial integration in most parts of the County; an unusually strong and generally well-funded network of fair housing providers; a generally responsive and concerned group of officials working on land use, housing supply, and fair housing issues; and many signs of tolerance of diversitY and support for fair housing across the general public community. Santa Clara County has two fundamental fair housing problems; one of them is "largely insoluble," but the second considered solvable. According to the report, the intractable problem is affordability. The region's economic transformation may have reached a plateau, but the County City of Cupertino 2002-2005 Consolidated Plan [~) --~,~ Page 11 w~ll almost certaln~y continue to be an extraordlnarily difficult place to create affordable housing for some time. 3. The second problem highlighted by the report s authors s that fair housing programs are arge y reactive rather than proactive. Although not unique to Santa Clara County, the study recommends that communities do much more. The report notes that no one who works on fair housing in Santa Clara County knows how widespread specific discriminatory practices are in the County, or where they might be concentrated. In addition, the report finds that there are virtually no fair housing services provided to anyone in the home purchase market, even though it is very likely that discrimination and steering are at least as common in this market as in the renta market. Further in this ConPlan, a variety of recommended actions to add'r~ss fair housing concerns are proposed. City of CupedJno 2002-2005 Consolidated Plan Page 12 INYF. NTORY OF FACILITIF.,~ AND ,~F. RVICF=,~ FOP, THE I-tOI~IELF_~, PERSONS THREATENED WITH HOMELESSNESS, AND THOSE WITH SPECIAL NEEDS Both the CofC Plan and, to a lesser extent, the Housing Element, provide important information on the services, facilities and programs available to homeless people, at- risk families and individuals, as well as those with special needs. These include shelters, transitional housing programs, senior day care and support programs, domestic violence programs, and a host of other activities to serve people with needs. Please refer to these important documents for more information. C'[y of Cupertino 2002-2005 Consolidated Plan Page 13 I~arrJers to Affordable Housing -- The Housing Element provides detailed information on constraints - both governmental and nongovernmental - to the production, preservation and rehabilitation of housing, especially that which is affordable, and are incorporated here by reference. The Housing Element examines local ordinances and policies to determine whether, under current conditions, they are accomplishing their intended purpose or, in practice, constitute a barrier to the maintenance, improvement or development of housing for all income levels. Some of the areas reviewed included land use controls, local fees and exactions, processing standards, and similar activities. Nongovernmental constraints include a variety of factors that neg~iively i~Pact "the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of constrUction.'' The potential list of all constraints on the development could be quite long, and might include information on national economic conditions and regional geology: However, the Housing Element focuses on non-governmental Constraints that the city maY be able to positively impact. The City has defined several actions to either eliminate ~ otherwise mitigate the effect of these constraints on the housing market. ReleVant aCtiOns are discussed in the Five- Year Strategy. City of Cupertino 2002-2005 Consolidated Plan Page 14 FIVE-YEAR STRATEGY Priority Analysis and Strategy Development -- The housing needs data indicate that some households have a difficult time paying for housing, or have a variety of housing problems, such as overcrowding. Other statistics point to the need for services, such as supportive housing, assistance with jobs, or mental health concerns. In previous years, the City of Cupertino funded community developme~t programs thro,ugh the County - as part of the Urban County's CDBG Program: and through the City s own local funds, primarily general fund monies. These fun~S have been used to address the City's lower-income residents' needs through primarily the provision of services, rather than direct housing assistance. The following table illUstrates how the City has, in the past, funded organizations with various funding sources. encies Funded: Fiscal Year 2002-2003 Cupertino Community Servides ? $54 000 Cupertino Senior Day Servi(~es $21 200 Long Term Care Ombudsman $4,900 Outreach and Escort Second Harvest Food Bank Support Network for Battered Women Senior Adults L~Dal S, Rotating Shelter~ : $10,800 $ ,400 ~; $5i900 $102,200 Tii[ellli $10,793 $25,000 $35,793 ~,~.;~'¢ C~rtino Communi~ Services $50 000 ~ Semor Adults Legal SeP/~ces~ $874 ~:~' ~ ~¢~ $50 Fo~itS first cbnsg~idated Plan, the City has reviewed the existing housing and homeless n~ds statistics'~5'determ~'~ ~hat, if any, changes should be made to its priorities for ~n g. ~, junsa~ct]on under the County s Urban County programs, the City was g~ed decisi~-making process by the Count~ide Consolidated Plan, which in its iden~i~d the greatest need for act v t es directed at ve~ Iow-income, small family and large fa~ly rente~ and Iow-income, large famdv renters. For this Cod ¢' ii ated Plan, the City has developed its priority system for assistance based on t~ following three tables. City of Cupertino 2002-2005 Consolidated Plan [0- ~--~5 Page 15 The first shows that of all households with some type of housing problem, lower-income small renter households (from 0% to 80% of median) account for the largest share of all households with housing problems - more than 30% of all households with problems. :{enters SmallHHs 31-50% 150 15.2% :{enters Small HHs 0-30% 122 12.4% :{enters Small HHs 51-80% 96 9.8% Dwners Senior HHs 0-30% 94 9.6% Dwners Small HHs 51-80% '470 7.1% :{enters Senior HHs 31~50% ~ 65 '~ 6.6% ~enters Senior HHs 0-30%; 61 6.2% SmallHHs Owners 0-30% 31-50% Dwners 54 52 Senior HHs 5.5% 5.3% Dwners 31-50% 50 5.1% Renters Renters Renters Renters Owners 0-30% 51-80% 32 ~' 31-50% 31 3.2% 51-80% 0-30% 51-80% 51-80% 31-50% Small HHs Large HH Large HH Large HH S~hior HHs TOTAL 30 18 15 11 984 Earge HH,, Senior HH{ Large HH; Large HH 3.4% 3.3%: :3.0% : 1,8% 1.5% 1.1% 0.0% households in the City ar~ overcrowded the h~l~-~ percentage share of overcro~wded households od~[J[s among ~rger renter households.' ~ Rente~''* E~e ,HH 51-80% 32 23.0% Rent8rs Larcj'~:HH 31-50% 31 22.3% Renters La~e HH 0-30% 23 16.5% Renters Small HHs 31-50% 15 10.8% Renters Senior HHs 0-30% 13 9.4% Rente~ Small HHs 51-80% 9 6.5% oWners Small HHs 51-80% 7 5.0% Rsnters Small HHs 0-30% 6 4.3% Owners Large HH 51-80% 3 2.2% Owners Large HH 0-30% 0 0.0% Owners Large HH 31-50% 0 0.0% Owners Senior HHs 0-30% 0 0.0% Owners Senior HHs 31-50% 0 0,0% Owners Senior HHs 51-80% 0 0.0% Renters Senior HHs 31-50% 0 0.0% Renters Senior HHs 51-80% 0 0.0% Owners Small HHs 0-30% 0 0.0% Owners Small HHs 3%50% 0 0.0% TOTAL 139 The second table, sorted on households that are shows that while only a small number of lower-income City of Cupertino 2002-2005 Consolidated Plan Page 16 The last table, which shows the number of households paying over 50% of income on housing costs, confirms that lower-income renters tend to have a more difficult time with cost burden than owners. In addition, very Iow-income senior households - both renters and owners - have cost burden. Interestingly, large households do not have the problem of overpayment that small households tend to have. Renters Renters Renters Owners Renters Owners Owners Owners Renters Owners Renters 17.6% 17.6% 10.0% 9.0% 8.0% 7.4% 5.8% 32 4.9% 30 4.6% ' 29 4.4% 3.7% 2.8% 7 1.1% 0 0.0% Renters 18 Renters 12 Owners 8 Owners Owners Renters Owners HHs ~ TOTAL 652 0 0.0% 0 0.0% Based on the analyses shown a~ove ~nd in conjunction With~ the needs assessment, HUD Table 2a: Listing of Prior, it¢~¢~*bq, t~ next page;§h~Ws the rankings of the various need categories by p~dtY~ based ~'~ available da(a. The City intends to be guided by this priority system in all0~ting itP ~es66'(cp~; however, insufficient funding, competing priorities, and staffing cap~E!ty'~ay prgcid~e following the priority system at all times. Further, it must be stressed ~h~t althoug~ a particular type of housing or service may not reC~jv~'(d~ highest pd~ty, the C ty w I still cons der such applications for funding need for all types:of asmstance to lower-income families and individuals i= ~' ¢? and Objectives -- The City has established AN ADEQUATE SUPPLY OF RESIDENTIAL UNITS FOR ALL ECONOMIC SEGMENTS PolicY 3:~: Sufficient Residentially Zoned land for New Construction Need. D~ig.,~sufficient residentially zoned land at appropriate densities to prov~ adequate sites that will meet and exceed ABAG's estimate of Cupertino's new construction need of 2,325 units for 2001.2006. The following objectives meet that need. Units Affordable to Very Low Income: Units Affordable to Low Income: Units Affordable to Moderate Income: Units Affordable to Above Moderate Income: 378 units 188 units 626 units 1,133 units 2001-2006 TOTAL 2,325 Units City of Cupertino 2002-2005 Consolidated Plan J~ ,~O~J~ Page 17 Additional units are allowed for the remainder of the planning period. Affordable units for the remainder of the planning period will be achieved through the Below Market Rate pro~lram. Planning Period TOTAL 2,290 4,615 Units Implementation Program 1: Housing Units by Planning District. Encourage residential development in the following Planning districts, as provided below. Residential development in these planning d~stncts ~ncludes m~xed-use multi-unit ~'~§~idential and single-family residential at a density of 15-35 + units per acre. Ade~ ~ate~, ~q 'i~frastructure is currently available to all districts. Implementation Proqram 2: Land Use Designations. In order to alloW for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation or zoning. The City will change land use designatio~s!z°ning to reflect the denS!!~ ~anges necessary to implement Program 1. Implementation Program 3: Residential Potential Outside of Planninq Districts Include the existing inventory of residentially zoned parcels With residential potential that are outside of the planning districts in addressing the Regional Housing Need. Implementation Program 4: Second Dwelling Unit Ordina~'?~,ssure that the Second Dwelling Unit Ordinance to en~bU/'~ge th~'~Production of mere second units on residential parcels. GOAL B HOUSING THAT IS AFFORDABLE FOR A DIVERSITY OF CUPERTINO HOUSEHOLDS . ?~'~ . . Pohcy 3-2: Hou~!ng Mibgation Plan. Assign priority to households who live or work in ~pertino for BMR unit~i~duced through the plan or affordable housing ~nits bu~lf w~h mit!gation fees. Implementation Pro~'~ 5: Housing Mitigation Plan - Office and Industrial Mitigation. The Ci~'will Continue to imple~.ent the "Office and Industrial Mitigation" fee program. Thi~'program ~'equires that de~lopers of office and industrial space pay a fee, which .Will then be used to support affordable housing for families who work in Cupertino but ~i~ iiv~ elsewhere. These fee~ are collected and then deposited in the City's Affordable Ho~i~ing Fund. Th(~ity will conduct an updated "nexus' study to determine whether the manna[ in which fees are calculated is still appropriate. Implement~ioh Pro.qram 6 Housinq Mitiqation Plan: Residential Mitiqation. The City will continue tb implement the "Housing Mitigation" program. This program applies to all new residential development of one unit or grater. Mitigation includes either the payment of an in-lieu fee or the provision of a Below Market Rate (BMR) unit or units. Projects of 10 or more units must provide on-site BMR units. Projects of 9 units or less can either build a unit or paying-lieu fee. Implementation of the program shall include: City of Cupertino 2002-2005 Consolidated Plan Page 18 d) e) t') g) prlor~ty ~or occupancy [o households who reside, work, attend school or have family in Cupertino; additional priority for households with wage earners who provide a public service; specifically, employees of the City, local school district and public safety agencies; utilize City's Affordable Rent Schedule as a guideline in setting rents for new affordable housing; update the rent schedule each year as new income guidelines are received and determine a uniform method for allowing rent adjustments for affordable housing; allow developers to meet all or a portion of their BMR requirement by making land available for the City or a non-profit housing developer to construct affordable housing; require BMR units to remain affordable for a minimum of 99 years': ' ~ enforce the City's first right of refusal for BMR units, and require 15% BMR Jnits Implementation Program 7 Affordable Housinq Fund. The City's Affordable Housing Fund provides financial assistance to affordable housing develc pments.."Req,,ests for Proposals" (RFPs) will be solicited from interested parties to develop affordable units with housing funds. Affordable housing funds will be expended in the following manner (ranked in order of priority): ~ a) Finance affordable housing projects in Cupertino. ', ~ b) Establish a down payment assistance plan that may be used in conjunction with the BMR program or to make market rate units more affordable. The assistance should be in the form of Iow interest loans and not grants. c) Establish a rental subsidy program to make market rate units more affordable. Policy 3-3: Range of Housing Types. Encourage the ~le~el'opment of diverse housing stock that pro~ides a r~nge of housing ~lpes (including smaller, moderate cost housing) ahi~affor_d.~a~ble I~. Emphasize the provision of housing for lower and mod~a~ te-in~ome ~)'~seholds and, also, households with wage earners who provi~ ~rvice (e~.~g. school district employees, municipal and public safety ~loyees, etc.) Implementation Program 8: Mortgaqe C~d~J Certificate Proqram. Participate in the countywide Mortgage Credit ge~ificate (MCC) Program. This program allocates mortgage credit certificat~'~ i(~ fi~t:tJr~omebuyers to purchase housing. Due to the high cost of housing'bnits in Cupertino, it is estimated that most of the County's MCCs will be"b'~d in the citybf San Jose, where there are more Iow cost housing units Sale r. ~ available for . ' ..... '~ Implementabon Program 9: Move-In for Less Proqram. The Tri-County Apartment A§§~ciation is managing this program, which recognizes the high cost of securing rental ous~ng. The program ~s geared to classroom teachers in public or private schoo s who meet ~ncorn~e .c[~!~na. Apartment owners/managers who agree to part c pate n the program reqg~re no more than 20% of the monthly rent as a security deposit from qualified teachers. Implementation Program 10: Surplus Property for Housing. In conjunction with local public agencies, school districts and churches, the City will develop a list of surplus property or underutilized property that have the potential for residential development, compatible with surrounding densities. Additionally, long-term land leases of property from churches, school districts corporations for construction of affordable units shall be encouraged. Further, the feasibility of developing special housing for teachers or other City of CuperUno 2002-2005Page Consolidated 19 Plan employee groups on the surplus properties will be evaluated. Teacher-assisted housing programs in neighboring districts, such as Santa Clara United School district, will be reviewed for applicability in Cupertino. Implementation Program 11: Jobs/Housing Balance Proqram. Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the City will evaluate the impact of any application that will produce additional jobs in the community. The p~r~9,se of the evaluation is to describe the impacts of the new jobs on the City's ~s~g stock, especially in relation to the jobs/housing ratio in the City. In 200!, ABAG'sestimate of the City's job/housing ratio was 2.4 jobs to every household. The gOal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Furthe~r, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. Policy 3-4: Housing Rehabilitation. Pursue and/or provide funding fo~the construction or rehabilitation of housing that is affordable to v~ low, low and moderate-income households. Abtively suPport and assist non-profit and for profit developers in producing affordabl® Units. Implementation Program 12: Affordable Housinq Inform~tion and Support. The City will provide information, resources ap~ s~pport to developers ~o Can produce affordable housing. Information will be updated '~na regular basis in r~ard to available funding sources and be distributed to ~1i in~rested~'de~,elopers. In"~ddition information regarding additional C~ty incentives s~ch as the Den~ty Bonus Program (see program #14) will also be provided and updated,9~ a regula~CSas~s. Further, the C~ty wdl ~nvolve the public from the beginning of an aff~:~able housing application so that there are fewer objections to the project as it goes though the C~ty approva process. Policy 3-5: Maintain and/or adopt and other development tools to encourage th~,development of affordable housing. Make every reasonable . ~h~o~to dispers~ units throughout the community but not at the expense of "und~mining th~ fundamental goal of providing affordable units. ~= Implementahon p~ogram 13: Density Bonus Program. The City's Density Bonus Prbgram provides f~r a density bonus and additional concessions for development of 6 or more un~ts that p~rowde affordable housing for famd~es and sen~ors. Included ~n the concessions are reduced parking standards, reduced open space requirements, reduced ~t~bac.l~r~equirements, and approval of mixed use zoning. The City will change the Ordinar~b' ~efinition of affordable unit to housing costs affordable at 30% of household income for very Iow and Iow-income households. Implementation Pro~ram 14: Regulatory Incentives. The City will continue to waive park dedication and construction tax fees for all affordable units. Parking standards will also be discounted for affordable developments. For mixed-use and higher density residential developments, the Planning Commission or City Council may approve deviations from the Parking Regulation Ordinance of the Cupertino Municipal Code, if City of Cupertino 2002-2005 Consolidated Plan Page 20 the applicant can provide a study supporting the deviation. Further, the City will continue to efficiently process all development applications. Implementation Program 15: Residential and Mixed Use Opportunities In or Near Employment Centers. The City will encourage mixed-use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available through the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing residential development above existing parking areas. In specific, these areas would be near or adjacent to employment centers and could provide additional opportunities for housing. .-, Policy 3-6: Tax Increment Funds. Use a minimum of 25% of tax increment funds generated from the Redevelopment Project Area for housing activities that create affordable housing for lower and moderate-income households. Set aside 5% of the 25% for extremely low-income housing. Implementation Program 16: Redevelopment Housinq Set Aside Fund. The City has established a Redevelopment Project Area, from which tax increments funds are collected. A minimum of 25% of tax increment funds will be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element.~' .i~:~ Policy 3-7: Housing Densities. Provide a full range of ownership and rental housing unit densities, inclUding apartments and other high-density Implementation Pr0qram 17: Conversion bf Commercial Lands to Residential. Commercially designated land may be considered for conversion to residential uses where it does not eliminate existing oF potential neighborhood serving commercial uses or contradict Heart 0f the City policies. Implementation Program 18: Residential Development Exceedin¢~ Max mums. Allow residential developments to exceed planned density maximums if they meet a special ~;; community social goal and the increase in density will not overburden neighborhood streets or hurt neighborhood character. Implementation Pr~qram 19: Flexible Residential Standards. Allow flexible residential development standards in planned residential zoning districts, such as smaller lot sizes, lot widths, floor area ratios and setbacks, particularly for higher density and attached housing developments. GOAL C ENHANCED RESIDENTIAL NEIGHBORHOODS Policy 3-8: Maintenance and Repair. Assist very Iow and Iow-income homeowners and rental property owners in maintaining and repairing their housing units. City of Cupertino 2002-2005 Conso,idated Plan Page 21 Implementation Proqram 20: Housing Rehabilitation. This program provides financial assistance to eligible very Iow and Iow-income homeowners to rehabilitate their housing units. The County of Santa Clara, Housing and Community Development (HOD), administers the program on behalf of the City of Cupertino. When the City becomes an Entitlement Community in 2002-2003, housing rehabilitation activities will continue to be funded. Implementation Proqram 21: Home Access Proqram. The Home Access Program provides assistance with minor home repairs and accessibility improvements for lower- income, disable households. Economic and Social Opportunities (ESO) administers the program under a contract with the County of Santa Clara. Implementation Program 22: Weatherization Program This program assists very Iow- income homeowners with weatherization improvements to their homes. Economic and Social Opportunities (ESO) administers the program in Cupertino and other areas of the County. Implementation Program 23: Apartment Acquisition and Rehabilitation The County of Santa Clara administers Home and CDBG funds on behalf of the members of the Urban County and HOME Consortium. The City of Cupertino participates in both the Urban County and Consortium activities. Funds are available on a competitive basis to developers to acquire and rehabilitate rental units for very Iow and Iow-income households. When the City becomes an entitlement community in 2002-2003, the City will continue to include the availability of HOME ~nd CDBG fund for apartment acquisition and/or rehabilitation. Policy 3-9: Conservation of Housing ~ock. Co~nserve the existing stock of owner and rental housing units, which provide affordable housing opportunities for Iowe~ and moderate-income h~seholds mp ementat on Program 24: Presbrvation of At Risk Units". The only affordable housing development at risk of converting to market rate is the Sunnyview development..?he expiration date of their federal subsidy is May 31,2004. However, the de~velopment is considered at Iow risk for converting because it is owned by a non- profit organization, which has indicated that it will renew the assistance again in 2004. ,~ However, the City will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. Implementation P¢6'qram 25: Condominium Conversions. The City's existing Condominit~m Conversion Ordinance regulates the conversion of rental units in multi- family hous fig development in order to preserve the rental housing stock. Condominium conversions are not allowed if the rental vacancy rate in Cupertino is less than 5% at the time of the application for conversion and has averaged 5% over the past six months. Implementation Program 26: Rental Housing Preservation Program. The City's existing multi-family rental units provide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: City of Cupertino 2002-2005 Consolidated Plan Page 22 When a proposed development or redevelopment o{ a site would cause a loss of multi- family rental housing, the City will grant approval only if at least two of the following three circumstances exist: The project will produce at least a 100% increase in the number of units currently on the site and will comply with the City's BMR Program, and/or The number of rental units to be provided on the site is at least equal to the number of existing renal units, and/or No less than 20% of the units will comply with the City's BMR Program. Further, the preservation program will include a requirement for a tenant relocation plan with provisions for relocation of tenants on site as much as possible. Implementation Program 27: Conservation and Maintenance of Affordable Housing. Develop a program to encourage the maintenance and rehabilitation of residential structures to preserve the older, more affordable housing stock. ' Implementation Proqram 28: Neiqhborhood and Community Cleanup Campai~n~. Continue to encourage and sponsor neighborhood and community clean up'campaigns for both public and private properties. Policy 3-10: Energy Conservation. Encourage energy conservation in all existing and new residential development. implementation Program 29: Energy Conservation Opportunities. The City will continue to enforce Title 24 requirements for energy conservation and will evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainability element. ? Implementation Program 30: Fee Waivers or Reduction for Energy Conservation. The City will evaluat~ the potential to waive 0'r reduce fees for energy conservation ~mprovements to res~denbal un,ts (ex~sbng .hr new). GOAL D SERVICES FOR SPECIAL NEEDS HOUSEHOLDS Pol!cy 3~ f l : Special Needs Households. Support organizations that provide services to speCtal ne~d households in the City: such as homeless, elderly, disabled and single parent. Implementation prOgram 31: Cupertino Community Services (Homeless Services). Cup~i..n0 Community Services (CCS) manages transitional housing and administers the "Co~(inuum of Care" services for homeless, including the rotating shelter program. In order t~'facilit~te any future emergency shelter needs, the City will revise the Zoning Ordinance t© ~ilow permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. implementation Proqram 32: Proiect MATCH (Senior Shared Housing). Project MATCH places seniors in housing arrangement with other persons interested in shared housing. Project MATCH is funded with County of Santa Clara Urban County funds. City of Cupertino 2002-2005 Consolidated Plan Page 23 Implementation Program 33: Catholic Social Services (Sin.qle Parents). Catholic Social Services provides help to place single parents in shared housing situations. The program in funded with Santa Clara County Urban County funds. GOAL E EQUAL ACCESS TO HOUSING OPPORTUNITIES Policy 3-12: Housing Discrimination. Support programs and organizations that seek to eliminate housing discrimination. Implementation Proqram 34: Santa Clara County Fair Hous~nq Consortium~ The Santa Clara County Fair Housing Consortium includes the Asian LaW Alliance, Mid-Peninsula Citizens for Fair Housing, Project Sentinel and the Mental Health Ad~3cates Program. These organizations provide resources for Cupertino residentS with tenant/landlord rental mediation, housing discrimination and fair housingconcerns. AdminlStrative funding for these organizations is partially contributed by County of Santa Cl~ra Urban County Funds. In addition, the City will actively pursue efforts t° affirmatively further fair housing, including: 1. Conducting an analysis to identify impediments to fair housing choice within the jurisdiction. 2. Taking appropriate actions to overcome the effects"~ any impediments identified through the analys~s. 3. Maintaining records reflecting the analys~s and acbons take in this regard. Homelessness and the Regional Co~'tinuum of Care -- Al'though the precise number of homeless ~nd~y~duals and famd~es m Cu~p~rt~no ~s not known, anecdotal informabon suggests that this figure is quite small - at i~ost 50 people on any given night. The City has provided funding in the past ~ homeless services and a rotating shelter, and will continue to do S~ (See implementation plans, above, as well as one-year action planning, following), in addition, several agencies that the City has funded provide assis{~nc~ t~ ~t~risk po'l~lati~ns by providing hotel/motel assistance rental/mortgage aSSiStance, util t~s assista'nb~"i transportation, and food and clothing. There are also a :number of transiti°n~l beds available within Cupertino. BePraise homelessness is difficult to quantify, as homeless individuals and families move fro~ place to place, a regional Continuum of Care Plan was established to coordinate serv cea maximize funding, and marshal the co act vew of many junsd~cbons towards addressing the needs. Cupertino has partm~pated ~n the Continuum of Care and will remain an active partner in this endeavor. Other Regional Strategies to Address Homelessness .- The Santa Clam County Collaborative on Housing'and Homeless Issues was created in the mid-1990s to draw moro funding for homeless shelters, services, and to croate moro affordable housing. The Collaborative includes over 120 shelter providers, service providers, advocates, City of Cupertino 2002-2005 Consolidatedpage 24 Plan and nonprofit housing developers, united to find ways to increasing housing and service opportunities for homeless people. The Collaborative continues to promote the Continuum of Care as the format to end homelessness in Santa Clara County. In promoting the Continuum, the Collaborative has addressed outreach, emergency shelter, transitional housing, training and employment, supportive housing, and permanent affordable housing. Others with Special Needs -- Because the needs of persons with special needs often extends beyond the provision of housing alone, the City will continue to seek ways to assist this varied population. Seniors continue to be a priority for the City, as well as persons with disabilities. The City additionally supports efforts to: Develop additional rental housing for very Iow-income households. ~.- Expand shared housing matching programs to focus on assisting persons with special needs. ***o Expand federal and State programs to meet the housing needs of persons with special needs. °.% Make the Section 8 program more ~Jccessful for persons with special needs. o**o Increase the awareness of the housing and service needs of persons with special needs.~ Promote c0'0peration'and shanng of~housmg information among the various groups and organizations working With persons with special needs. %% Encourage projects that provid~ linked services and services on-site. Nonhousing Community Development Needs -- Nonhousing community development needs include pQblic service infrastructure, economic development and ~;?other development_n, eeds in the community that have an important impact on the living c~ditions of resider~ts. For example, although job training may not directly relate to housing, job training' could allow an individual currently living below the poverty level the opportunity to find employment that will help him or her afford a market rate apartment in today's e~?~sive housing market. As HUD guidance states the purpose of addressing ~a community s non-housing needs, ~n addition to ~ts housing needs ~s to help create'more livable, better functioning, and more attractive communities by integrating economic, physical, environmental, community, and human development programs in a comprehensive and coordinated fashion so that families and communities can work together and thrive. Table 2B describes the priority level for a variety of nonhousing needs and, where possible, assigns an estimated dollar amount to meet the need. This table takes in to City of Cupertino 2002-2005 Consolidated Plan Page 25 account several funding sources, such as General Fund moneys, that are anticipated to be used to address these needs. Among the highest priorities for the City are services to address senior needs, support to survivors of domestic violence, and a host of infrastructure needs. Although a particular need may have received a "low" ranking, it does not mean the need is unimportant to the City. Rather, in some cases a "low" designation signifies a particular need is addressed through the efforts of the County, such as lead hazard screening. Additionally, even those priority needs ranked "iow" may receive funding from time to time, such as services for youth. Although in absolute numbers, youth services needs may rank Iow, addressing the needs of youth is important to the City. With respect to economic development needs, the City does provide services to businesses but in the form of technical assistance rather than funding. Barriers to Affordable Housing and Strategies to Address Negative Effects -- As previously described, the Housing Element provides details on the constraints to the development of housing, and affordable housing in particular. At the local level the City has established incentives and waivers to help offset the cost of providing affordable housing (see implementation plans, above), and provides funding assistance for the development and preservation of affordable housing. In addition, the City will continue its efforts to ensure that its zoning designations allow for the broadest range of housing types at various incomes. . - ' Lead-Based Paint Hazards - As noted ~n the needs analys~s, the number of units with potential lead-based paint hazards is ~robai~ly less than 500. Lower-income households will occupy some percent~g~ of these'units, but how many is not known. In addition to working with the County Health Department to identify and assist any children with eleyated blood lead levels, the City will, as part of ts efforts to address the rehabilitation needs of its h0us ng stock, pr6vide assistance to persons seeking to mitigate lead hazards inthe home...~- Antipoverty Strategy-- Poverty rates in Cupertino are significantly lower than in other areas of the country, and in California. Based on 2000 Census data, only about 4.8% of the population is living below the federal poverty level. Although this figure is an increase over the prior decade, it is still substantially lower than the poverty rates for the State and nation as'a whole. Rates, 1990-2000: Cu San California and the Nation 1990 3.2% 9.2% 12.5% 12.8% 2000 4.8% 8.7% 14.2% 12.4% % Change [ 50.4% -5.0% 13.5% -2.8% Although the City does not have direct control over the existence of poverty, it can have an important role in assisting residents in securing employment and gaining skills that Ci~ of Cupertino 2002-2005 Consolidated Plan Page 26 will help them to rise out of poverty. The City is an active partner with a variety of jobs skills training programs, such as NOVA. NOVA (North Valley Job Training Consortium was formed in 1983 by a joint powers agreement among the six northern Santa Clara County cities of Cupertino, Los Altos, Mountain View, Palo Alto, Santa Clara, and Sunnyvale in response to Federal legislation, specifically the Job Training Partnership Act (JTPA). Currently, NOVA operates as an employment and training agency, administered by the City of Sunnyvale, but operated on behalf of a seven-city consortium composed of Sunnyvale, Santa Clara, Cupertino, Palo Alto, Mountain View, Los Altos, and Milpitas. NOVA provides customer-focused services for individuals seeking retraining and reemployment, as well as for local businesses seeking professional solutions for human resource issues. NOVA offers services for job seekers, businesses, and youth that include: · Transition Planning and Assistance · Labor Market Research · Staffing Assistance · Job Training Programs · Job Search Counseling and Workshops · A Career Resource Center · A Business Service Center · Resume/Job-Matching Database Though the majority of job seekers' served through.NOVA are d~slocated workers affected by the downs~z~ng or closur~, of t~e!r'~ompam~s, NOVA also partners w~th many other organizations to provide custor~ized employment and training solutions to populations with special needs, such as homeless'veterans, people with disabilities, welfare recipients,: teen parents, and older workers. NOVA is funded' primarily by grants from=~the state and federal government, and by local industry. Multiple funding Source~ include the Workforce Investment Act (WlA), Defense Conversion Act, Employment Training Panel, Stewart B. McKinney Homeless Assistance Act, Wagner-Peyser Act, and funds from private corporations. By far the larg~§t percentage of NOVA's $12 million annual budget has come from competitive grant proposals funded through the U.S. Department of Labor and the State .:;; E~ployment Development Department. In addition, the NOVA Private Industry Council was established to guide the agency in its missi09~to prov. ide Iow cost and efficient job training and employment programs. The council was a private/public partnership involving local government, business and industry, laSor,'education and training systems, employment services, and community support organizations. The City of Sunnyvale agreed to administer NOVA. Since its formation in 1983, NOVA has averaged a 23% growth rate in both the number of individuals served and the resources available to serve them. In program year 1983- 84, NOVA served 2,009 individuals. By program year 1996-97, NOVA was serving over 9,500 individuals and had an operating budget of over $10 million. NOVA's continued growth is made possible by the organization's willingness and capacity to engage in City of Cupertino 2002-2005 Consolidated Plan multi-agency partnerships, adapt services and technologies to meet customer needs, and successfully link employers with the candidates they need. Another job-training and skills program operates out of DeAnza and Foothill Colleges. The mission of the Occupational Training Institute (OTI) is to support economic growth in Silicon Valley by preparing individuals for career opportunities while concurrently providing employers with qualified employees. This program provides high quality employment focused skills training within the Foothill-De Anza Community College District. Since 1975, OTI has prepared clients in a very short time frame to re-enter the workforce. OTI provides services to thousands of clients seeking employable job skills and job placement services. Many clients focus on certificate programs at either the Foothill or the De Anza campuses. However, OTI Training Advisors are skilled at designing customized programs tailored to meet clients' specific needs. OTI provides a selection of training programs that have been tailored to meet the local job market. To link job seekers with employers OTI provides accessible staff, placement expertise, and a thorough knowledge of our clients' skills. As part of the Foothill-De Anza Community College District, OTI works closely with all workforce education programs and is committed to responding to employer needs. OTI provides employment training at no cost for eligible individuals. If eligible, OTI will pay foi~college fees, books, and required class materials. All clients completing a training program through OTI receive job preparation classes designed to ~ddre~'job search ai~d careers in the 1990's. Support serv'ces 'nc ude referra s to ~h' dcare"pr0~"derS, transportation, financia aid, and tutorial services. Other services a~d referrals ar~ available on an as needed basis. A total of five families~ are participating ir~' ~the Welfare to Work Housing Program in Cupertino. During their three years in the~'p?d~ram have been case managed by the County Hous!ng' Authority to ensure their~ccess in transitioning from Welfare into self- According to the Metropolitan Transportation Commission, transportation is a real barrie~ for individuals making the move from welfare to work. It's not enough for CalWORKS participants to find jobs -- they must figure out how to get to those jobs. ~: That means they have to consider all their transportation options -- driving, buses, trains, bicycles and so on -- even as they look for jobs. Social service staff members who assist them mQst also be aware of participants' transportation needs and options, as well ~S~OW to 0~tain information about these options. These resoQ~ce guides, published by MTC, are intended for use by staff members at social service and community-based organizations who provide direct assistance to CalWORKS participants. These guides are not intended to replace schedules and route maps available from individual transit agencies. Their purpose is to give CalWORKS participants and their advisors a general idea of what kinds of options are available and how to get more information about them. They include an overview of all the transportation options available to CalWORKS City of Cupertino 2002-2005 Consolidated Plan Page 28 participants in four core counties, as well as instructions for how to get more detailed information by phone, in person, via the Internet and by mail. Also included is information about support for different options: subsidies for transit riders, Park & Ride lots for ridesharers and guaranteed ride home programs. Institutional Structure and Coordination -r Key participants in the institutional structure include the federal, State and local government; nonprofit and for-profit organizations; social service agencies; and several major financial institutions that provide valuable capital. The Continuum of Care Plan, the Housing Element, Fair Housing Reports, and other documents related to community development describe in detail how services are delivered and the interrelationship among various public and private entities. In addition the City of Cupertino is an active participant in the Countywide CDBG Coordination Committee, comprised of CDBG re presentatives from each entitlement jurisdiction in Santa Clara County. This group jointly funds surveys and studies (such as the homeless surveys and the recent fair housing study), works together to brainstorm new approaches to housing and community development concerns, and collectively implements a variety of regional planning measures intended to address issues of mutual concern City of Cupertino 2002-2005 Consolidated Plan 10.. ~..~ Page 29 ONE-YEAR ACTION PLAN Summary of Funding --The City of Cupertino will receive a CDBG entitlement of approximately $474,000 for fiscal year 2003-04. This is Cupertino's first year as an entitlement jurisdiction receiving the CDBG grant directly from HUD. Of the $474,000, 20% or $94,800 can be used for administration, including fair housing services. Fifteen percent, or $71,100, may be used for public service activities HUD regulations require that projects selected for funding benefit Very Iow and Iow- income households, eliminate a blighted area, or address an urgent (emergency) community need. in addition, only certain types of activities qualify under the CDBG regulations. Some examples of eligible activities are: removal of barriers to the handicapped, public improvements, public services, affordable housing projects, rehabilitation and property acquisition. '~ Federal regulations do not allow more than 15% of the grant (excluding administration) be used for public services. To determine the public service cap, staff takes 15% of the total grant amount plus income earned during the previous year. For the 2003-04 fiscal year, the public service cap has been set at $71,100. Public service activities benefit very Iow and Iow-income households and include activities such as childcare, placement services, senior legal services, etc. '.' Other Funding Sources--The City_of Cupertino also provides $102,200 in General Fund Human Service grants to six agencies~ ~'ov d~ng Serv ces to Cupert no res dents. These grants are administered by the City Manager's Office. A list of the agencies awarded funds for 2002-03 may be found on Page 1 of the Five-Year Strategy. In addition to the General Fund Human Service Grants and the CDBG funds, the City of Cupertino also utilizes $50 000 of the Bel'~w Market Rate Program in-lieu fees (Affordable Housing Fund) to fund the Cupertino Community Services (CCS) Affordable Placement Program. RFP Process -- In March, staff distributed a notice of funding availability to approximately 30 organizations. Out of those organizations, ten proposals have been received. A brief description of each proposal along with the staff recommendation follows. Public Service Grants: 1. ROtating Shelter Program Cupertin~ Community Services, Cupertino 2000-01 Grant: $25,000 2001-02 Grant: $25,000 2002-03 Grant: $25,000 2003-04 Request: $25,000 Annual Goal: Provide a maximum of 90 days shelter to 60 to 65 homeless persons per year in churches located in Cupertino, Saratoga and Sunnyvale. The program also provides counseling and City of Cupertino 2002-2005 Consolidated Plan .age o IO -z¢o other support services to help stabilize the guest's long term housing situation. Description: A total of 11 churches and one synagogue in Cupertino, Sunnyvale, Saratoga and Santa Clara participate in the program, 11 of which are "host" churches. Each of the "host" churches provides shelter for a 30-day period. These "host" churches have the responsibility of providing the guest with meals, YMCA passes for showers, etc. CCS provides additional support to the shelter guests, including job counseling and assistance in finding transitional and permanent housing. The agency is requesting funds to primarily cover personnel costs for the program and to supplement their operating budget. The program is also requesting $14.000 from the city of Sunnyvale, $18,480 from the city of San Jose, and $8,500 from the county of Santa Clare. Total project cost is $144,178. Recommendation: $25,000 Cupertino Community Services has been very successful in administering this program and it remains one of the most successful rotating shelter programs in the county. CCS has applied tp thecities of San jOSe and Sunnyvale ant has been successful at receiving County~EmergencY Shelter Grant funding. Staff recommends the City continu~ its COmmitment to the Rotating Shelter Program. Comprehensive Assistance Program (CAP) Cupertin(~ ~;ommunity Services;~'~iipertino 2003~4 Request: ~ $20 ooo ~:~' ' Annu~ G~al: r,~ Provide supiSort services to 1,350 Cupertino residents. .~:~, Cupertino Community Serv!ces has provided support ';~services to the West Va ey s ow and very-low income households since 1973. Support services include a food clothing closet and rental assistance. = ~e~ agency~rovides necessary services to Cupertino residents. If more money w~;avaiJ~ble for public service activities, staff would recommend fully funding this ~i~j~ct. With limited resources, staff must take into considerat on that CCS recewes a significant amount of general fund money for the agency. Staff believes the CDBG public service funds must be used to fund a variety of services for seniors, battered women, etc. Cupertino Senior Day Services Adult Day Care Sponsorships 2003-04 Request: $10,200 City of Cupertino 2002-2005 Consolidated Plan Page 31 l0-Z~l Annual Goal: Provide "scholarships" to six Cupertino iow-income seniors enabling them to receive adult day care at the facility. Description: Cupertino Senior Day Services provides services for seniors at risk of being institutionalized. Seniors can be dropped off at the Cupertino facility to receive care and participate in recreational activities while family members are working. Recommendation: $10,200 As the Cupertino population ages, more sen~ors are ~n need of this valuable service. Cupertino does not have a large inventory of senior assisted living units, programs such as Cupertino Senior Day Services provides families with an alternative to moving parents and older family members into an assisted living 4. Senior Adult Legal Assistance 2000-01 Grant: $6,500 2001-02 Grant: $6,500 2002-03 Grant: $11,667 2003-04 Request: $11,667 Annual Goal: Serve 65 Cupertino seniors. Description: Senior Adults Legal Assistanc~ (SALA) provides free legal services'.~t,o Iow ~nd~. -, ~_ .~,.very Io~-in~ome seniors at the Cupertino C~ter. Senior .~egal ~e~ices provided are n the area of consume~'Comi~i'aints, ~6~sing, elder abuse, and simple . wills. Recommendation: $11,667 Several ~ears ago, the city council directed staff to work ,with SALA to increase their ServiCes~,and ~ftj~ding level.:;:"Jackie Baddley, the city s Geriatric Social Work Case Manager has stated that the increased grant has helped tremendously during the past few years and would like to encourage the city to continue funding the agency at the increased funding level. Staff supports continuing to --" fund the agency at the increased level. 5~'i ,_ The Suppo~Network for Battered Women "Domestic Vi~01ence Services for Cupertino Families 2003-04 Request: $5,900 A~nuaI,G(~al: Serve a total of 13 unduplicated Cupertino residents. DesCription: The Support Network operates Santa Clara County's only 24-hour, crisis line for victims of domestic violence. The shelter provides support services including emergency housing to battered women. Recommendation: $5,900 City of Cupertino 2002-2005 Consolidated Plan 'The Support Network for E~attered Women provides a valuable resource to Cupertino residents as well as law enforcement officers in the city. 6. Social Advocates for Youth School Based Case Management 2003-04 Request: $40,677 Annual Goal: Provide anger management services to 32 unduplicated Iow and very-low income Cupertino students. Description: Social Advocates for Youth (SAY)will provide case management and anger management services to Cupertino students at target schools. Recommendation: $10,000 , The program will provide a valuable service to the City of Cupertino schools. However, the applicant has not demonstrated in the application the need for this type of service or whether there are 32 unduplicated Iow and very-loW income students that could benefit from the program. For the first year. staff suggests granting less money and allowing the program to begin operation. The goals will be reduced to accommodate the lesser grant. 85% APPLICATIONS: , '~,~ - 7. Economic and Social Oppo~unities~;~ .. Housing and Energy Servi~ Prog~-~m~ ~-'-~;, · 2003-04 Request: $45,000 ~_~ ,~;;' Annual Goal:~,.~,~ ,, Provide hor~? improvement serv cee to 20 Cupert no Description: .Economic and~ocial Opportunities Housing and Energy ~ ~'.~,. ¢', '~ Sbrvic~sEr&gram assists Iow and very-low income Cupertino residents with home maintenance and removal of The program:will provide a valuable service to the City of Cupertino since the city no longer has a rehabilitation program. Many applications for the current rahab program administered by the County of Santa Clara. are for small items such as ~rab bars and water heater replacements. Items such as these would be handled t~°ugh this program. City of Cupertino 2002-2005 Consolidated Planpage 33 ADMINISTRATION/FAIR HOUSING FUND: 8. Project Sentinel Fair Housing Services 2003-04 Request: $6,996 Annual Goal: Fair housing education to the housing industry, investigating allegations of discrimination (6 cases a year). Description: Provide fair housing assistance to the City of CUPertino, including conducting presentations, counseling housing providers, and investigating allegations of discrimination. Recommendation: $0 The program will provide a valuable service t° the City of Cupertino, hdweVer Mid-Peninsula Citizens for Fair Housing ha~ been providing Cupertino'~ fair housing services for many years. Staff reCommends continuing to d~ntract with Mid-Peninsula Citizens for Fair Housingl 9. Mid Peninsula Citizens for Fair Housing Fair Housing Services 2003-04 Request: $10,200 Annual Goal: Fair housing education to the housing industry, investigating all~gati°ns of di~!mination (6~cases a year). Description: Provide f~i~' ho~s~":ng ass~'§~ance to the city of Cupertino, including c~ucting presentations counseling housing p~roviders, a~d investigating allegations of discrimination. Recommendation: $10 200 The pmg~:~mwill pr~i~e ~-Va!uable service to the City of Cupertino. Mid- Peninsula Citizens for Fair Housing has been providing Cupertino's fair housing . services for many years. Staff likes the consistency of having Mid-Peninsula : Citizen's for Fair Housing continue the program. Staff would like to require that the agencY be required to meet with local apartment managers annually to ~?~i;~ review fair housing law and provide informational meeting for tenants on fair ' ~ housing. AFFORDABLE HOUSING FUND: 1. Affordable Housing Placement Program cupe~ino Community Services, Cupertino 2000-01 Grant: $30,000 (CDBG: $3,007; AHF: $26,993) 2001-02 Grant: $50,000 (CDBG: $5,167; AHF: $44,833) 2002-03 Grant: $50,000 (AHF: $50,000) 2003-04 Request: $65,000 City of Cupertino 2002-2005 Consolidated Plan Annual Goal: Provide placement and necessary support services to 75 households (225 individuals). Continue current services and expand the program to encompass the entire BMR program. Description: Cupertino Community Services has been responsible for the screening and placement services for ten senior units located at Chateau Cupertino as well as below market rate rental units. They maintain a waiting list for qualified applicants and provide services to those Placed in the affordable units. The agency purchased a fourplex on Greenwood Cour~ that serves as transitional housing for the Rotating Shelter Program. Recommendation: $50,000 (AHF: $50,000) The agency has successfully performed the necessary task of screening and placement for Chateau Cupertino, City Center Apartments and compiling waiting lists for the below market rate program. Cupertino Community Services also continues to expand services beyond the Scope specified by the City. The city of Cupertino oversaw the Below Market Rate program and monitored the BMR rentals at Forge-Homestead and Aviare Apartments. However, limited staff time made auditing the Aviare and Forge-Homestead programs impossible. asr year s $10,000 funding ~ncrease enabled CCSto devote a full-time employee to the program. This eml~i~ee is responsible for auditing Aviare and Forge-Homestead Apartment~ as well as t~ndl[ng all BMR ownership resale requests. The staff person wObld al~0 asse~=l~ie procedural manuals for both the ownership and rental programsl f~These m~nuals will assist any new staff person taking over?~gram as well as document procedures. The following table summarizes these proposed allocations. Summary: Proposert Allocations ,.,. ,,.2003-04 ~G AlloCation: ' ! ~::~Pr°gra~ Admin Strat on $84,600 ~CCS - Ro[~ing Sh~ ter $25,000 ~;~ CCS - Comprehensive Assistance Program $8,333 CU~ertino Sehior Day Services $10,200 ~'~ Sedi0r Adults Legal Assistance $11,667 , Support Network for Battered Women $5,900 S~|~l Advocates for Youth $10,000 Econom c and Social Opportun~bes $45,000 '~ ~¢Project Sent ne $0 Mid-Peninsula Citizens for Fair Housing $10,200 Unallocated (85% fund) $263,100 Sub-Totah $474,000 Affordable Housing Fund: CCS- Affordable Placement Program TOTAL: $50,000 Sub-Total: $50,000 City of Cupertino 2002-2005 Consolidated Plan { 0....~ ~ Page 35 Housing Element Actions -- In addition to these funding allocations, the following specific actions will be undertaken as part of the Housing Element process to address housing and community development issues during the one-year plan period. Implementation Program 2: Land Use Designations In order to allow for the number of units as identified in Program #1 (Housing Units by Planning Districts), some parcels of land in the specified Planning Districts will need a change in land use designation or zoning. The City will change land use designations/zoning to reflect the density ranges necessary to implement Program 1. Time Frame: 2003 Responsible Party: City of Cupertino, Planning Department Quantified Objective: North DeAnza District: Revise'zoning so that all 8.57 acres are zoned at a minimum of 35 units per aCre.. Homestead District Re¥!S~'z0ning of 4.1 acres t~ ~50 ~nits per acre so that a total of 12 acres are zoned at 50 i. ihits per acre. South DeAnza District Revise zoning so that 8.73 acres are zoned at a mihimum Of 15 units per acre. Implementation Program 5: Housing Mitigation Plan -Office and Industrial Mitigation The City will continue to implement the "Office and Industrial Mitigation" fee program. This program reqUi~es that developers of o~i~ and industrial space pay a fee which will thenbe u~e~d to ~'~i~l~or[ a~or~a~ie housing for families who work in Cupertino but live else~l~ere. Th~S~ fi~s'~re collected and then deposited in the City's Affordabl~ Ho~ing Fund 'The City will conduct an updated "nexus'. ~udY to determi~ ~hether t~e manner in which fees are calculated is still appropriate. Time Frame!~ 2002-2003 cor~'~t~'updated nexus study Responsible Party: ci~ of Cupertin~'Planning Department Implementation Program 10: Surplus Property for Housinq In ~onJunction with-!gcal public agencies, school districts and churches, the City will develop a list of surplus property or underutilized property that have the potential for residentialdevelopment, compatible with surrounding densities. Additionally, Iopg-term land leases of property from churches, school districts corporations fd~~ construction of affordable units shall be encouraged. Further '[he feasibility 0~'developing special housing for teachers or other employee groups on the surplus properties w~ be evaluated. Teacher-assisted housing programs in ~eighboring districts, such as Santa Clara United School district, will be revie~d for applicability in Cupertino. Time Frame: 2002-2003: Develop list of surplus properties and evaluate feasibility of developing residential units on properties. Responsible Party: City of Cupertino, Planning Department Implementation Proqram 11: Jobs/Housing Balance Program Require major new office/industrial development to build housing as part of new development projects. As part of the development review process, the Ci~i~l-~ 2-~s City of Cupertino 2002-2005 Consolidated Plan Page 36 Responsible rty: evaluate the impact of any application that will produce additional lobs in the community. The purpose of the evaluation is to describe the impacts of the new jobs on the City's housing stock, especially in relation to the jobs/housing ratio in the City. In 2001, ABAG's estimate of the City's job/housing ratio was 2.4 jobs to every household. The goal is to reduce this ratio during the time frame of the Housing Element (2001-2006). Further, the City will evaluate the feasibility of developing a policy and/or program that conditions approval of job producing activities to housing productions. Time Frame: 2002-2003: Develop procedure to evaluate job-producing development proposals. Evaluate feasibility of policy and/or program that ties new job production to housing production Responsible Party: City of Cupertino, Planning Implementation Proqram 13: Density Bonus Proqram The City's Density Bonus Program provides f0.Ea denSity bonus and additional concessions for development of 6 or more units that provide affordable h;~'using for families and seniors. Included in the con8essions are reduced parking standards, reduced open space requirements, reduCed setback requirements, and approval of mixed use zoning. The City will change the Ordinance definition of affordable unit to housing costs affordable at 30% of household income for very Iow and Iow-income households. '~, Time Frame: 2003-2003 Change affordabilitY definition Responsible Party: City of CUpertino~ ~,lanning Department Implementation Proqram 15: Residential and Mi~ u~e Opportunities In or Near Employment Centers.,~,. ~" The City will encourage mixed-use development and the use of shared parking facilities in or near employment centers. In addition to the development opportunities available ~hrough the "Heart of the City" Specific Plan, the City will evaluate the possibility of allowing re§fdential development above existing parking'~east In speCifi~ :ii'ese;areas would be near or adjacent to employment centers and could provide additional opportunities for housing. Time Frame: :i..:. 2002 - 2003 Evaluate parking opportunity sites 2002,2003 Evaluate incentives that may be offered to ; ~-~ encourage residential development in or near employment centers. City of Cupertino, Planning Department Implem'~ntation Prd~ram 16: Redevelopment Housing Set Aside Fund The City h@s established a Redevelopment Project Area, from which tax increments funds are collected. A minimum of 25% of tax increment funds will be directed to Iow and moderate-income households, 5% of which are directed to extremely-low income households. The Redevelopment Agency will develop policies and objectives for the use of those funds. All policies and objectives shall be developed to reflect the goals and objectives of the Housing Element. Time Frame: 2002-2003 Develop policies and objectives for use of Housing Set-Aside Funds Responsible Party: City of Cupertino, Planning Department City of Cupertino 2002-2005 Consolidated Plan Page 37 Implementation Program 24: Preservation of "At Risk Units" The only affordable housing development at risk of converting to market rate is the Sunnyview development. The expiration date of their federal subsidy is May 31,2004. However, the development is considered at Iow risk for converting because it is owned by a non-profit organization, which has indicated that it will renew the assistance again in 2004. However, the City will monitor the development and will initiate contact in late 2003 with the owner and HUD to ensure that the units remain affordable. '-~'.. Time Frame: 2003 Initiate contact with owner and HUD to determine status of subsidy renewal. Responsible Party: City of Cupertino, Planning Department. Quantified Objective: 100 units preserved as affordable housing. Implementation Proqram 26: Rental Housinq Preservation Program '"~' - ' The City's existing multi-family rental units provide housing opportunities for households of varied income levels. The City will develop and adopt a program that includes the following guidelines: . .- When a proposed development or redevelopment Of a site would cause a loss of multi-family rental housing, the City will grant approval only if at least two of the following three circumstances exist: .,~-~ The project w~ll produce at least a 100 Yo ~ncrease, ~n ;the number of un~ts currently on the site a,ndWill bomply with the City ~BMR Program and/or The number of rental ~nits to be- .~ ~r~ided on~the'~ite is at least equal to the number of existing renal u~its and/Or ~ · No less than 20% of the uni'~ will ~omply?ith the C ty's BMR Program Further, the preservation program~ill include a requirement for a tenant relocation plan with ~r0visions for ~;~,location of tenants on site as much as possible. ;¢~' ¢~ ~¢' Time Frame;. 2002-2003 Desig~ Program Responsible Party: ~,City Of Cupertino Planning Department Implementation Proqram 27: Conservation and Maintenance of Affordable Housing Develop a program to encourage the maintenance and rehab tation of residential structures tb:P~eserve the older, more affordable housing stock. Time Frame: 2003-2004 Design Program ~Besponsible P~rty City of Cupertino, Planning Department Implem8ntation Pre,qram 30: Fee Waivers or Reduction for Energy Conservation The Cit~_wi!l evaluate the potential to waive or reduce fees for energy conservation improvements to residential units (existing or new). Time Frame: 2002-2003 Responsible Party: City of Cupertino, Planning Department Implementation Program 31: Cupertino Community Services (Homeless Services) Cupertino Community Services (CCS) manages transitional housing and administers the "Continuum of Care" services for homeless, including the rotating shelter program. In order to facilitate any future emergency shelter needs, the City of Cupertino 2002-2005 Consolidated Plan Page 38 City will revise the Zoning Ordinance to allow permanent emergency shelter facilities in "BQ" quasi-public zones and will promote and encourage the location of permanent shelters in BQ zones. Funding Sources: County of Santa Clara Urban County funds and Federal funds. Time Frame: 2002-2003 Revise Zoning Ordinance to allow permanent emergency shelters in BQ zones. Responsible Party: Cupertino Community Services. -~ Fair Housing Actions -Federal fair housing law requires local jurisdiction§ to "affirmatively further fair housing" as follows: 1. Conduct an analysis to identify impediments to fair housing choice within the jurisdiction. 2. Take appropriate actions to overcome the effects of any impediments identified through the analysis. 3. Maintain records reflecting the analysis and actions take in this regard· HUD interprets those broad objectives to mean: 4. Analyze and eliminate housing discrimination in the jurisdiction. · . ~,~ ~ ~ ~- ~, ~ 4. Promote fair housing choice for all perso, ns. ~, ;~ · :. Provide opportunities for incldsive pa~e'i;i~S O[ housing occupancy regardless of race, color, religion, sex, familial stat~s, disability and national origin. 4- Promote housing that is structurally accessib e to, and usab e by, all persons, particularly persons w~th d~sab~hbes...;~ %*o Foster co~npliance with the nondiscrimination provisions of the Fair Housing Act. To meet these objecbves, tt~'C~ty of Cupertino w~ll undertake the following acbons - many of which are dii'e~tly incorporated from the Countywide Al under which Cupertino has been a participant - as part of the One-Year Plan objectives: Prepare thee ~City of CSlSertino's Analysis of Impediments to Fair Housing Choice ; :,,,~ identifying i~lpedimehts and developing concrete recommendat ons to address '~¥~% these conce~s. 2. fun~ling a service agency (or agencies) whose specific responsibility Will' be *~ ' .... to, @rowde public outreach services to foster awareness of and support for fair hoqsing law; to inform shelter seekers of their dghts and remedies; and to publicize the availability of the services within the City and the County. Activities will include attendance at public functions and festivals, holding meetings for apartment complex owners and managers, and conduct meetings with tenants. 3. Consider funding a service agency (er agencies) whose specific responsibility will be to provide direct assistance to persons seeking to exercise their rights to equal access to housing, through information and referrals, consultations, and case management. City of Cupertino 2002-2005 Consolidated Planpage 39 Continue supporting the preservation of the existing housing stock and encourage the development of affordable housing whenever the opportunity exists. To address the issue of a lack of sufficient funding to provide subsidized housing, the City supports the use of leveraged funds as much as possible in order to maximize the benefits of the funding. As noted in the needs section, a recent report, commissioned by all 0f the jurisdictions in Santa Clara County, provides updated information on housing discrimination in the County, as well as an analysis of services provided by fair housing organizations. Incorporated by reference and entitled Fair Housing in Santa Clara County: An Assessment of Conditions and Programs, 2000-2002, this report makes a series of recommendations to address Countywide fair housing concerns. Although these recommendations have not yet been adopted by the various jurisdictions in the County, the City of Cupertino supports these recommendations in concept and will take action during the program year to ratify some or all of these, as appropriate. The recommendations are as follows: 1. Establish a Fair Housing Collaborative Task Force -- The report recommends that a collaborative task force, meeting on a regular basis, be established to address systemic fair housing ~ssues, the collective goals set by funders for the fair housing community and to foster, better information-sharing and familiarity with programs. The t~k force could pl~y a lead re e n 'mplementing the fair housing prog~ agenda of t6e combined Santa C ara County CDBG jurisdictions, such as the sl~e'cific~substantive recommendations outlined in this chapter. 2. Continue the Beiiefits of Coordination at the Local Government Level - The report recommends that the e~is?r~g CDBG Coordinators' group select represefit~atives who ~vill have a sp~ial oversight responsibility for fair housing activiti(~s bq.a count~id~ basis:? One of the responsibilities of these coordinator~ c0~ld'be the deve'[~pment of criteria for conducting cost-benefit · analyses of fair housing services across jurisdictions. 3. Y' Make Improvements in fair housing services and structure: :~ a) The report recommends that all of the County jurisdictions contribute funding to the ~'~' ~ "specialty" fair housing efforts, and that the "oversight" exercised by Project Sentinel over ~,~,~,~ the current collaboration be shifted to the Fair Housing Task Force. b) The fair housing monitors should annually retain an outside expert on testing and ' enforce'n-ient strategies to conduct site visits at the primary fair housing providers and assess ~nvestigation and testing quality. Fair housing funders should use these evaluations in making programmatic and funding decisions. c) Most of the existing fair housing organizations have at least one attorney on staff; however, the report suggests that the fair housing organizations could do significantly more to develop an in-house litigation capacity. d) The report recommends that CDBG jurisdictions find a way to integrate the San Jose office of Bay Area Legal Aid into its long-term funding structure. BALA has done outstanding work in fair housing services, fair housing litigation, and investigation of City of Cupertino 2002-2005 Consolidated Plan predatory lending proSlems in the 0oun[y. Develop new sources of fair housing funding - The report recommends that CDBG jurisdictions pursue two other sources of funding. The first of these is funding from HUD's Fair Housing Initiatives Program (FHIP), which distributes about $20 million in grants annually across the nation for the development of model fair housing programs. The second promising source of funding is litigation. If the fair housing network seeks attorney fees in suqcessfully litigated cases, or contingent fees in settlements, this can provide a substantial and self- sustaining source of funding for continuing enforcement work. ' ' Establish proactive goals for the Fair Housing Community aimed at steadily reducing fair housing problems - The report suggests that the CDBG jurisdictions develop specific, comprehensive goals for the fair housing community. _ ~ · Measure forms of discrimination and deterrent impact of existing enforcement activity -- report recommends that program of systematic, randomized housing audits by instituted. Over time, this would generate a robust source of information on discrimination levels, variations across the County, including Cupertino, and trends over time.. Better public education - The report recommends that the Fair Housing Task Force take a lead role in developing public outreach campaigns that have a countywide orientation and that jointly publicize the services of the various fair housing organizations. Such public'~ducation efforts ought to reflect actual and unique conditions that exist in Santa Clara County. Some specific outreach strategies could include: a) Working with reporters in the local media to do "investigative" stories on important fair housing problems (e.g. banks with deficient lending records apartment buildings with restrictive occupancy levels)· - .. b) Giving short talks on fair housing issues at forums primarily devoted to other topics (e.g., ' - churches, labor union meetings, community organizations). c) Improving systematic information and communication with social service agencies in the region. Developing an integrated set of Public Service Announcements from ali of the coordinated fair housing agencies, to be broadcast and published regularly through a coordinated agreement with local media outlets. Negotiate more responsive behavior from problem banks -- Some financial institutions in Santa Clara County ara pursuing underwriting standards or other practices that have the effect of denying credits to Blacks (and to a lesser extent, Hispanics) at a disproportionate rate. The Task Force might be an excellent vehicle to implement a strategy for improving bank performance. Support investigation and litigation aimed at predatory lenders -- The flip City of Cupertino 2002-2005 Consolidated Plan Page 41 10, side of lower access to conventional loans by Hispanics and blacks in Santa Clara County is higher targeting at these groups by "predatory" or "subprime" lenders. A coalition of fair housing organizations has been working to assess the scope of regional predatory lending, which local jurisdictions should support. Monitor compliance with protections for the disabled -- Currently, compliance with the fair housing laws concerning persons with disabilities is haphazard, though much good work is being done. The report suggests that the Task Force be charged with developing a strategy for periodic~illy monitoring individual cities for compliance. This would include the follbwing: '~ a) Development of a census of group homes in Santa Clara County, and goals for individual cities to encourage development of their "fair share". ~. ' b) Determination of whether individual cities are properly monitoring the construction of} multifamily housing to comply with requirements of fair housing laws. ~? c) Meetings with land use officials from individual cities to identify areas of existing land use regulations that should be revised To come into conformity with current standards. d) Training of land use officials on the fair housing aci:essibility requirements. City of Cupertino 2002-2005 Consolidated Plan Page 42 MONITORING STANDARDS The City of Cupertino follows the monitoring requirements for the use of federal funds as directed by HUD. For example, the City is required to prepare Quarterly and Annual Reports for the use of CDBG funds, which will be submitted to the Housing Commission and the City Council to ensure there are appropriate internal "cross check" controls over the use of funds. Subrecipients are monitored for compliance with CDBG regulations and for success in carrying out the goals and objectives defined in their CDBG contract. Each year, program staff define priority areas for the monitoring program based on local and national trends and concerns During site visits, the City spot checks client files to confirm income eligibility and other guideline compliance, and rewews the agency's performance with respect to the services identified in the contract. Specific questions to be addressed include: . , · Is the project operating within the approved budget? If not, why not? · Has there been an audit of the agency? If so, a copy is obtained and reviewed. If not, why not? · Where there is program income, what is the process for reporting and using it? · Do accounting records adequately identify the use of CDBG funds? · Are accounting records supported by source documentation for vendors (invoices, purchase orders, time sheets contracts~ etc.)? · Can the agency document use of funds through records such as payroll ledgers, cancelled checks receipts ledgers, bank deposit tickets and bank statements, time sheets and contracts for services? ~'~'?; · Is the infor~nation revieWed by a site v'isit consistent with the records maintained by the agency and With data previously provided to the City? · What procedure does the subrecipient use for procurement? Is it consistent with Circular A-110 (nonprofits) or A-102 (governmental entities)? · ' Are the actual measurable accomplishments of the project to date proceeding '" ' '- according to contract projections? If not, why not? · Is the project providing the full scope of services delineated in the contract? If not, why not? ' · What are the number and percentage of Iow and moderate-income people served by the project? · How does the project prove that it serves Iow and moderate-income people? · Does the project serve minority populations? What is the method of outreach? · Is the project on schedule? If not, why not? · How does the agency evaluate the effectiveness of the project? City of Cuper[ino 2002-2005 Consolidated Plan I~). ~.~~ Page 43 · Does the project conform to any additional terms of the contract? · Has any work on the project been subcontracted? · What effort was made to employ local residents and use local businesses and contractors? · Is the agency complying with equal opportunity requirements? · Is the agency complying with disability access and nondiscrimination requirements? Subrecipients are reimbursed for expenses incurred on a quarter y bas s upon submission of full documentation of all expenses. Reimbursements are made only for line items contained in the budget of the contract between the agency and the City. The City additionally monitors its housing and community development goals by reviewing the implementation of various strategies outlined in the Consolidated Plan to ensure the targeting of assistance to priority groups, as identified. The monitoring process also includes solicitation of input from the Housing Commission and the Steering Committee on the Consolidated Plan and the associated Performance Report. These entities advise the City Council on housing poi ?y matters. Each update of the Consolidated Plan is also subject to extensive public review and comment, prior to submission to HUD. City of Cupertino 2002-2005 Consolidated Plan Page44 TABLE tA Homeless and Special Needs Population Individuals Emergency Shelter 20 15 -~5 ~ L Beds / Units Transitional Housing 15 11 ~-, -4 L Permanent Housing 14 10 ,. -4 L Total 49 26 ~' -13 Job Training 24 3 ~22 H Case Management 20 14 -6 '.~ L Estimated Substance Abuse Treatment 8 0 -8 L Supportive Mental Health Care 35 0 -35 ' ', H' Services Housing Placement 29 ,12 -17 M Slots Life Skills Training 24 3 -21 H Other ' ' Chronic Substance Abusers 7 1 -6 L Seriously Mentally III 7 0 -7 L Estimated Dually - Diagnosed 1 0 -1 L ' Sub- Veterans 6 0 -6 L populations Persons with HIV/AIDS 1 0 -1 L Victims of Domestic Violence 27 1 ; -26 H Youth 3 1 :: -2 L Other Disabled Populations · 6 0 -6 L Persons in Families with Children Emergency Shelter 31 23 -8 L Beds / Units Transitional Housing : 15 14 -1 L Permanent Housing 3, 12 8 -4 L Total : 58 45 -13 Job Training : , 41 4 -37 H Case Management :,' 31 23 -8 L Estimated Substance Abuse Treatment 12 5 -7 L supportive Mental Health Care 21 2 -19 M se~i~e~ Housing Placement 28 22 -6 L Slots Life Skills Trainin.g 41 4 -37 H Other Chronic Substance Abusers 10 0 -10 M Seriously Mentally III 11 80 -3 L Estimated Dually - Diagnosed 1 0 -1 L Sub- i; Veterans 9 0 -9 L populations Persons with HIV/AIDS 0 0 0 L , ,, ~ Victims of Domestic Violence 9 1 -8 L Youth 3 I ~2 L Other Note: these estimates are based on extrapolating data from the Countywide Continuum of Care Plan and may not exactly reflect the needs er inventory available to homeless persons in Cupertino. These figures were dedved by attributing a pro rata share of each category based on the pro rata share of population in Cupertino versus the total Countywide population. City of Cupertino 2002-2005 Consolidated Planpage 45 TABLE lB Priority Needs of Special Needs Populations Elderly Frail Elderly Severe Mental Illness Developmentally Disabled Physically Disabled Persons w/Alcohol/Other Drug Addictions H M L M M L Persons w/HIV/AIDS L Other (homeless, victims of domestic violence) TOTAL L 120 40 2O 45 56 31 0 343 655 $6,000,000 $2,000,000 $1;000,000 $2;250,000 40 16 10 10 $2,800,000 27 $o $17,150,000 $32,750,000 115 228 City of Cupertino 2002-2005 Consolidated Planpage 46 lO ' 2~qb TAI~LI~ 2A Priority Needs Summary Table Small Related I o4 eno/ i ............... 131_5o% H I::: ~30 I 95 ...... I ° I ° All Other ' J ~ ~no/ :~' / I ~ I 0 H J 104 J 25 Owner (BMR ownership units) ~ J ~. .... ~ J ,~.~ ;~-,,: %~ J 31-50% M I 64 I 3 ,N~' ~~ [51-80% L I 56 I 40 Special Needs (~o~ti~ ;, shelter, ~~= I mRm/. . I ~.~ I .. Total Goals ~? ~ ~ 518 ~otal 215 Goals ~-~ '~ ~ / ? ~ J 518 Total 215 Renter Goals ~ ' -- ~ ~ ~50 Total 215 Owner Goals ~ ] 68 City of CupedJno 2002-2005 Consolidated Plan lO-- ~C~J.- Page 47 TABLE 2B Community Development Needs PUBLIC FACILITY NEEDS (projects) Senior Centers Handicapped Centers Homeless Facilities Youth Centers Child Care Centers M M Health Facilities L $25,00( Neighborhood Facilities L Parks and/or Recreation Facilities M $800,000 Parking Facilities L Non-Residential Histodc Preservation Other Public Facility Needs INFRASTRUCTURE (projects) WateflSewer Improvements Street Improvements Sidewalks Solid Waste Disposal Improvements Flood Drain Improvements Pedestrian/Bicycle Facilities Traffic Facilities PUBLIC SERVICE NEEDS (people) M M M M M Senior Services $750,000 $75,000 $975,000 $875,000 $795,000 $21,867 Disabled Services L Youth Services L $10,000 Child Care Services M Transportation Services ~ - M $10,800 h $10,000 L L L H $5,900 M $8,333 M 26 30,000 LF 350 32 37 59 26 1,910 SubstanceAbuseServices $6,500,000 $9,250,000 $1,325,000 $3,750,000 $375,000 $1,275,000 $5,975,000 $795,000 $595,000 $40,677 $55,500 $147,500 $11,700 $47,750 $750,00O $30,893,'~27 Employment Training Health Services Lead Hazard Screening Crime Awareness Domestic Violence Support Food, Clothing and Other Basic Needs ECONOMIC DEVELOPMENT ED Assistance to For-Profits(businesses) ED Technical Assistance(businesses) Micro-Enterprise Assistance(businesses) Rehab; Publicly- or p~vately-Owned Commercial/Industrial (projects) C/I* Infrastructure Development (projects) Other C/I* Improvements(projects) PLANNING M Planning M $50,000 TOTAL ESTIMATED DOLLARS NEEDED: $4,411,90f~ See narrative City of Cupertino 2002-2005 Consolidated Plan Page 48 CUPERJINO City Hall 10300 Tot-re Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3228 Fax: (408) 777-3333 Building Depamnent STAFF REPORT Agenda Item No. i] Meeting Date: June 2, 2003 SUBJECT: Nuisance Abatement Hearing - 10467 Glencoe Drive, APN 326-30-106 BACKGROUND: In January 2002, a complaint was received by the Building Department of a substandard condition of the residence and property as well as abandoned vehicles located at 10467 Glencoe Drive. On January 29, 2002 a site inspection was conducted with the property owner, code enforcement, vector control and the building department. The property is cluttered with debris, is overgrown with vegetation and has several inoperative/abandoned vehicles. Additionally the residence is open and accessible and lacks necessary sanitary facilities (see page 2). Consequently the structure is unsafe, uninhabitable and an attractive nuisance. These conditions constitute a violation of the Uniform Building Code, Uniform Housing Code and the Cupertino Municipal Code. PROPERTY OWNER CONTACT HISTORY: · March 19, 2002 a letter was sent to the property owner recapping the site inspection made and what we were requiring of him. No response to the letter was received. April 3, 2002 a letter was sent to the property owner restating the outcome of the inspection of the property and a dead line of April 19, 2002 to respond or we would start the abatement process. · On April 19, 2002 Mr. Damask came to the building counter with a plan to clean up the yard, remove the vehicles and fix the house. Site visits for the next few months were showing some progress on car removal and vegetation cleanup. Mr. Damask was also keeping in contact with code enforcement on his progress. Nuisance Abatement Hearing June 2, 2003 On November 18, 2002 a letter was sent to Mr. Damask requesting a meeting between himself, code enforcement and the building depmtment since the previous time line had not been adhered with and work progress had stopped. On December 26, 2002 a follow up letter was sent to Mr. Damask stating that he has not responded to our previous letter and that we needed to hear from him by January 10, 2003. On March 17, 2003 a letter was sent to Mr. Damask stating that he has not responded to our correspondences and that he will receive notification for a public heating to address the abatement of abandoned vehicles, demolition of the structure(s) and the cleating of the entire lot of vegetation, rubbish, wastes and any other material. ANALYSIS: Section 102 of the 2003 California Building Code, Unsafe Buildings or Structures states that "All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal..." Chapter 10, Substandard Buildings, of the 1997 Uniform Housing Code, provides guidelines to determine ifa structure is substandard. Such as, but not limited to the following: · Section 1001.2, item 1 "Lack of or improper water closet, lavatory, bathtub or shower". · Section 1001.2, item 3 "Lack of or improper kitchen sink". · Section 1001.2, item 5 "Lack of hot and cold running water to plumbing fixtures". · Section 1001.2, item 6 "Lack of adequate heating facilities". · Section 1001.2, item 11 "Dampness of habitable rooms" · Section 1001.2, Item 12 "Infestation of insects, vermin or rodents as determined by the health officer." · Section 1001.2, item 13 "General dilapidation or improper maintenance." · Section 1001.3, item 6 "Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split or buckle due to defective material or deterioration". · Section 1001.4 Nuisances. "Buildings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings". · Chapter 4, I)efmitions - Nuisance. The following shall be defined as nuisances: Item 2, "Any attractive nuisance that may prove detrimental to children whether in a building, on the premises ora building or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors." · Section 1001.8 Faulty Weather Protection: Page 2 of 4 Nuisance Abatement Hearing June 2, 2003 · Item 2, "Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors." · Item 3, "Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering." · Item 4, "Broken, rotted, split or buckled exterior wall coverings or roof coverings." Section 1001.11 Hazardous or Insanitaxy Premises. "The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages..." Chapter 9.22 of the Cupertino Municipal Code - Property Maintenance · Section 9.22.020 Unlawful acts · Item C, "Dead, decayed or diseased trees, weeds or other vegetation likely to cause a fire or health hazard, an infestation or a habitat for rodents." · Item D, "An accumulation of litter, junk, machine parts, scrap material .... vehicle parts." · Item E, "The maintenance of any structure in a state of substandard deterioration, such as peeling paint on a facade, broken windows, damaged porches, broken steps, roofs in disrepair and other such deterioration...." Site visits have substantiated these items. The current condition of the property includes the following: · Deteriorating, substandard structure. · Overgrown vegetation. · Abandoned vehicles. · Appliances, debris and automotive parts in front, rear and side yards. · Vagrants residing in structure. Additional concerns: · Attractive nuisance for youths. · Fire hazard. · Rodent and insect infestation affecting adjoining properties. · Life safety of anyone in or around the structure. Chapter 9.22 of the Municipal Code, Property Maintenance, sets forth that "no owner, agent or lessee or other person occupying or having control of any property within the City shall maintain or allow to be maintained any of the following conditions...." · Item E. "The maintenance of any structure in a state of substantial deterioration...." Such a condition would constitute a public nuisance by Section 9.22.040. This section refers to Chapter 1.09 of the City Ordinance for abatement of the nuisance. Attachments: 1. Copies of photographs 2. Correspondences Page 3 of 4 {{-3 Nuisance Abatement Hearing June 2, 2003 FISCAL IMPACTS: Voluntary Abatement: If the property owner voluntarily abates the nuisance within the time prescribed by the City Council, the City will incur no fiscal impact. Abatement by City: A rough estimate for demolition of the structure and clean up of the property is around $20,000. Cost of the abatement will initially be incurred by the City. City Council established a fund of $50,000 to abate unsafe property/buildings. This fund has been used twice in the past. A tax lien will be placed on the property for the costs. The cost would be collected in annual installments at the time that property taxes are assessed if the property owner does not pay the abatement costs at the conclusion of the abatement. The City shall recuperate all of its costs including incidental expenses associated with the nuisance abatement. RECOMMENDATION: That the City Council adopt the attached Resolution authorizing staffto proceed to have the structure demolished, removal of vehicles and ctearing of the lot of vegetation, debris and other materials with a tax lien placed on the property to recover any expenses associated with the abatement of the structure. PREPARED BY: ~?~ - ng Official REVIEWED w opm=, APPROVED BY: David W. Knapp, City Manager Page 4 of 4 DRAFT RESOLUTION NO. 03-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE AT 10467 GLENCOE DRIVE RECITALS: (a) On May 19, 2003, the City Council of the City of Cupertino adopted its Resolution No. 03-095, a copy of which is attached hereto and made a part thereof by reference; (b) Pursuant thereto, the City Council of the City of Cupertino held a hearing with respect thereto, on June 2, 2003, at 6:45 p.m., in the Council Chambers, in the City Hall, located at 10300 Torre Avenue; (c) (d) 1. 2. 3. (e) The following members of the City Council were present: The following members of the City's staff, among others, were present: Director of Administrative Services Carol Atwood City Clerk Kim Smith City Attorney Charles Kilian The following interested persons were also present: (f) After heating opening remarks, the City Council heard and considered all relevant evidence including, but not limited 'to, testimony under oath from owners, witnesses and parties interested, as well as received into evidence exhibits and staff reports, relative to said matter; (g) Following the presentation of all evidence and closing remarks, the City Council considered the matter, and resolved as follows: 1. The following findings of fact are hereby made: (a) Notice of the time and place of the hearing to abate, and Resolution No. 03-095 were duly and regularly posted and served, as required by the provisions of Ordinance No. 794 of the City of Cupertino, enacted on April 18, 1977. Resolution No. 03-104 (b) The accumulation of debris/overgrown vegetation and other materials stored in the front, side and rear yards, inoperative vehicles parked in the driveway and a substandard structure on parcel 326-30-106 located at 10467 Glencoe Drive in the City of Cupertino, State of California, constitutes a public nuisance, in that said conditions constitute a hazard to public health, safety and general welfare, by reason of threatening the free use and enjoyment of adjoining property. 2. IT IS THEREFORE ORDERED as follows: (a) Said public nuisance shall be abated. (b) A description of the needed corrections and/or repairs, necessary to comply with the abatement order is as follows: Removal of accumulation of debris/vegetation, trash and other materials stored in the front, side and rear yards, the demolition of the house and the removal of the inoperative vehicles at 10467 Gleneoe Drive by July 7, 2003. (c) Any property owner shall have the right to have the public nuisance, as declared, abated, provided the same is completed as per Item 2(b) of this Resolution, which time, upon good cause shown, may be extended for a reasonable time by the City Council. (d) If such public nuisance is not abated within such time or any extension of time which may be granted, the Director of Administrative Services shall, by City forces or private contract, cause the same to be abated. ADOPTED at a regular adjoumed meeting of the City Council of the City of Cupertino this 2nd day of June, 2003 by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAiN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 2 CUPE INO Plan Check Division 10300 To~e Avenue Cupe~ino CA 95014 Telephone(408) 777-3228 Fax(408) 777-3333 Building Department March 19, 2002 Robert T. Damask 10467 Glencoe Drive Cupertino, CA 95014 Re: Substandard Building Dear Mr. Damask, A complaint was made to the Building Department regarding the condition of your property located at 10467 Glencoe Drive in Cupertino. It was reported that the house is in a substandard, dilapidated, unsecured condition creating a public nuisance. On Tuesday, January 29, 2002 at 2:00p.m. Code Enforcement, Vector Control and representatives from the Building Department met with you and you granted permission for us to do an inspection of your property located at 10467 Glencoe Drive. The structure was determined to be an unsafe building in accordance with Chapter 10 of the Uniform Housing Code (Substandard Buildings), as well as the Cupertino Municipal Code, Chapter 9.22.020 (Property Maintenance Code), and Uniform Building Code Section 102 (Unsafe Buildings or Structures). Which states "Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use." After our meeting on January 29, 2002, you expressed the opinion that it might be best to demolish the building. We concurred with your opinion. On January 30, 2002, you left me a voice mail stating that you wanted to talk with me and that you would call me back. You did not leave me a number where you may be reached and I have not heard back from you. 1 of 2 Plan Check Division 10300 T0rre Avenue Cupertino CA 95014 Telephone (408) 777-3228 Fax (408) 777-3333 Please be advised that the abatement of the structure and the clean up of the property must begin immediately to prevent any injury of people or damage to other property. I will need to hear from you by April 1, 2002, about how you are going to abate the structure issues, lot clean-up and time frame for this. Please contact me upon receipt of this letter to discuss these issues. I can be reached at (408) 777-3205. Greg Casteel Senior Building Inspector 2 of 2 CUPEP TINO Plan Check Division 10300 Torte Avenue Cupertino CA 95014 Telephone (408) 777-3228 Fax (408) 777-3333 Building Department April 3, 2002 Robert T. Damask 10467 Glencoe Drive Cupertino, CA 95014 Re: Final Notification: Substandard Building Dear Mr. Damask, A letter dated March 19, 2002 (attached) was sent to you with a requested response date of April 1, 2002. To date my correspondence has gone unanswered. As stated in my previous letter, the structure was determined to be an unsafe building in accordance with Chapter 10 of the Uniform Housing Code (Substandard Buildings), the Cupertino Municipal Code, Chapter 9.22.020 (Property Maintenance Code), and the Uniform Building Code Section 102 (Unsafe Buildings or Structures), which states, "Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use." Please advise me how you are going to abate the structure issues, lot clean-up and the time frame for this to take place by Friday, April 19, 2002. There must be a definite plan of action by this date that is satisfactory to the City. If you do not respond to this notice by Friday, April 19, 2002, you will leave me with no option but to pursue compliance through abatement procedures. All staff expenses, private contractor expenses and any other costs for abatement will be billed to you. If payment is not received, a property lien will be levied. This process is time consuming, may be more costly to you, and is not the preferred method of abatement. Please contact me upon receipt of this letter to discuss these issues. I can be reached at (408) 777-3205. ~Sincerely' ~ Senior Building Inspector Attachment: March 19, 2002 letter cc: Eileen Murray, Assistant City Attorney Alex Wykoff, Senior Code Enforcement Officer CUPEI TINO Plan Check Division 10300 Torte Avenue Cupertino CA 95014 Telephone (40a) 777-3228 Fax (408) 777-3333 Building Department April 3, 2002 Robert T. Damask 1935 Webster Street Palo Alto, CA 94301 Re: Final Notification: Substandard Building at 10467 Glencoe Drive, Cupertino Dear Mr. Damask, A letter dated March 19, 2002 (attached) was sent to you with a requested response date of Apri! 1, 2002. To date my correspondence has gone unanswered. As stated in my previous letter, the structure was determined to be an unsafe building in accordance with Chapter 10 of the Uniform Housing Code (Substandard BuildingS), the Cupertino Municipal Code, Chapter 9.22.020 (Property Maintenance Code), and the Uniform Building Code Section 102 (Unsafe Buildings or Structures), which states, "Any use of buildings or structures coastituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use." Please advise me how you are going to abate the structure issues, lot clean-up and the time frame fbr this to take place by Friday, April 19, 2002. There must be a definite plan of action by this date that is satisfactory to tile City. If you do not respond to this notice by Friday, April 19, 2002, you will leave me with no option but to pursue compliance through abatement procedures. All staffexpenses, private contractor expenses and any other costs for abatement will be billed to you. If payment is not received, a property lien will be levied. This process is time consuming, may be mom costly to you, and is not the preferred method of abatement. Please contact me upon receipt of this letter to discuss these issues. I can be reached at (408) 77%3205. Sincerely, Greg Casteel Senior Building Inspector Attachment: March 19, 2002 letter cc: Eileen Murray, Assistant City Attorney Alex Wykoff, Senior Code Enforcement Officer CUPEI TINO Community Development 10300 T0rre Avenue Cupertino CA ~)~(~ll Telephone (408) ??' R2'~ }:ax (4(18) 777 33;; December 26, 2002 Robert T. Damask 10467 Glencoe Drive Cupertino, CA 95014 Re: Substandard Building Dear Mr. Damask, A letter dated November 18, 2002 was sent to you affirming that the structure located at 10467 Glencoe is substandard and unsafe as determined by the Uniform Housing Code, Cupertino Municipal Code and the Uniform Building Code. The letter requested you contact me to set up a meeting with yourself, Code Enforcement and myself. For this meeting you were to provide a definite time line for abatement of the structure violations. To date I have not been contacted by you. If I do not hear from you and have a meeting date set by 4:30 p.m. on January 10, 2003 I will turn the matter over to our City Attorney and proceed with an abatement process. Please contact me at (408) 777-3206. Sincerely, Building Official cc: Alex Wykoff, Code Enforcement Officer Eileen Murray, Assistant City Attorney CITY OF CUPERTINO City Hall 10300 To~e Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK May 21, 2003 Robert T. Damask 10467 Glencoe Drive Cupertino, CA 95014 Re: Notice of public hearing to consider ordering the abatement of a public nuisance at 10467 Glencoe Drive Dear Mr. Damask, At their regular adjourned meeting of Monday, June 2, 2003, the City Council of the City of Cupertino will conduct a public heating to consider ordering the abatement of a public nuisance at 10467 Glencoe Drive. Council meets at 6:45 p.m., City Hall Council Chambers, 10300 Torte Avenue, Cupertino, California. Interested parties are invited to attend and be heard. Council will receive written information from staff. Any printed material you would like Council members to receive prior to the meeting should be submitted to this office no later than Tuesday, May 27th. We will duplicate and deliver it to Council members. If you have any questions regarding the process, please feel free to call our office at 777-3223. Grace Johnson Deputy City Clerk cc: Greg Casteel, Building Official CUPEI(TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK May 21, 2003 Mr. Robert T. Damask 1935 Webster Street Palo Alto, CA 94301 Re: Notice of public hearing to consider ordering the abatement of a public nuisance at 10467 Glencoe Drive Dear Mr. Damask, At their regular adjourned meeting of Monday, June 2, 2003, the City Council of the City of Cupertino will conduct a public hearing to consider ordering the abatement of a public nuisance at 10467 Glencoe Drive. Council meets at 6:45 p.m., City Hall Council Chambers, 10300 Torre Avenue, Cupertino, California. Interested parties are inv/ted to attend and be heard. Council will receive written information f~om staff. Any printed material you would like Council members to receive prior to the meeting should be submitted to this office no later than Tuesday, May 27th. We will duplicate and deliver it to Council members. If you have any questions regarding the process, please feel free to call our office at 777-3223. Sincerely, Grace Johnson Deputy City Clerk cc: Greg Casteel, Building Official Facing fi'ont of house. Front of house at front door. Matches and cigarettes on floor next to mattress in bedroom Water stained ceiling joists Front bedroom Plant growing inside in ceiling. On a ladder in the living room, looking in attic with boat and unprotected openings. Bathroom. Kitchen. Living room ceiling Rear of house open to weather. Rear porch. Car and old motor in front drive. North side yard. Opening above fi:ont door with no protection fi:om weather and deteriated siding. Front gable end appears to be have a gap in roofing Water damaged plywood and joists above front door and to the fight. Opening at front of house with no protection fi:om weather or security. CUPEKT NO City Hall 10300 Torte Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3220 Fax: (408) 777-3366 DEPARTMENT OF ADMINISTRATIVE SERVICES Agenda Item No. l ~L SUBJECT AND ISSUE SUMMARY Meeting Date: June 2, 2003 Public Hearing on the 2003/04 City Budget. BACKGROUND The purpose of tonight's hearing is to conduct a preliminary review of the annual budget and to give the public an opportunity to ask questions conceming fees and programs before its adoption. An in-depth review of the budget document was presented to City Council at the budget work session on May 27. At that time, the Council discussed our general fund financial situation, reserve policy, change in program levels, departmental budgets and the five-year capital improvement program. RECOMMENDATION Staff recommends that the Council receive public comments on the 2003/04 proposed budget. Submitted by: Carol A. Atwood Director of Administrative Services Approved for submission: David W. Knapp City Manager PrintodonRecycledPaper I ~}"~ [ CITY OF cuP :K.nNo_ City of Cupertino 10300 Torte Avenue Cupert~o, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No. i___~ Agenda Date: lune 2, 2003 Application: U-2002-11, EA-2002-23 Applicant (s): Freiheit & Ho Architects, Inc./Extended Stay America Property Location: 10745 N. De Anza Boulevard - Santa Barbara Grill APN#: 326-10-064 Application Summary: Reconsider denial of a Use Permit to demolish a 7,744 square foot vacant restaurant and construct a 120 - room hotel located at 10745 N. De Anza Boulevard. RECOMMENDATION The City Council may take the following actions: 1. Deny the petition and uphold the denial of use permit U-2002-11 (see enclosed model resolution for denying the petition). OR 1. Approve the petition and reconsider use permit U-2002-11 in accordance with the Planning Commission Resolution No. 6177 with modifications to conditions#4 and #6 (discussed in the report); and 2. Approve Mitigated Negative Declaration, file number EA-2002-23. Project Data: Site Area: No. of Hotel Rooms: Proposed Building Area: Height: Parking Spaces: General Plan Designation: Zoning Designation: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: 1.37 acres. 120 rooms. 58,000 sq.ft. 50 feet maximum height consisting of 4 stories 126 spaces (100 underground and 26 surface parking). Commercial/Office/Residential P(CG, ML, Res 4-10) - Planned Development (General Commercial, Light Industrial, Residential 4-10 units/ac). Yes. Yes. Hotel uses are allowed as a conditional use in the General Commercial zone. North De Anza Boulevard Plan. Yes. Mitigated Negative Declaration. Pdnted on Recycled Paper I ~I Applications: U-2002-11, EA-2002-23 Extended Stay America June 2, 2003 Page 2 BACKGROUND The Planning Commission recommended approval of the project on March 10, 2003. On March 17, 2003, the City Council denied the conditional use permit for the project by a 3-2 vote citing concerns regarding height, massing and economic impact on existing hotels in the City. On March 26, 2003, the applicants, pursuant to Section 2.08.096 of the City's Municipal Code, filed a petition for reconsideration of the denial (Exhibit A). The applicant subsequently requested rescheduling the public hearing to June 2, 2003 (Exhibit C) to allow time to provide design options to address the Council's building height and massing concerns. DISCUSSION Findings for Reconsideration Per Section 2.08.096 of the Municipal Code, a petition for reconsideration is limited to specific grounds. The applicants' petition for reconsideration (Exhibit A) cites the following grounds in Section 2.08.096B3, B-5b and 5c of the Municipal Code. 1. "Proof of facts which demonstrate that the City Council proceeded without, or in excess of, its jurisdiction." 2. "Proof of facts which demonstrate that the City Council abused its discretion by rendering a decision which was not supported by findings of fact.' 3. "Proof of facts which demonstrate that the City Council abused its discretion by rendering a decision in which the findings of fact were not supported by the evidence." The City Council majority cited two grounds for denial of the Use Permit as follows: 1. The design of the building was too high and massive - The applicants indicate that that they worked diligently with staff and the City's consultant architect to create a project that is consistent with the neighboring buildings and other hotels in Cupertino and that the Council disregarded these facts. Staff believes that the design could be improved to reduce massing and heights. The applicant has submitted three design options to address this issue. Design solutions are discussed later in this report. If the City Council decides that the design options do not adequately address the massing and height impacts, it may deny the use permit. 2. Cupertino did not need any more hotel rooms and the Council needed to support our current retail and our current employees - This issue is discussed in detail in the applicant's petition and the City Attorney's memo (Exhibit B). The General Plan currently has a balance of 361 hotel rooms in the City. Based on the discussion in the City Attorney's memo, protection of existing businesses from outside competition may be an improper finding beyond the jurisdiction of the City since the application is within the General Plan limit. Building Massing and Heights The applicant has submitted three options to reduce mass and height of the building along the front as follows. Each of the options keep the room count at 120: Applications: U-2002-11, EA-2002-23 Extended Stay America /une 2, 2003 Page 3 · Option A - Rooms at the north, northeast and southeast corners on the fourth floor have been pulled away from the edge of the building to reduce mass on the north and east elevations. · Option B - Similar to Option A with the only difference being that the room in the northeast corner on the fourth floor has been removed altogether and a room has been added to the first floor. · Option C - This option removes the curved roof over the tower and increases the heights of the cornices on the north and east elevations, which have tower elements. This option also includes additional canopies over second and third floor windows. Staff believes that Option A with the following additional changes best responds to the Council's concerns regarding massing and height while retaining many of the desirable architectural features of the previous design: · Recess the entire top floor on the north and east side away from the building edge; and · Add canopies over second and third floor windows as shown in Option C. As required by the condition of approval if the use permit is approved, the design will need to be reviewed by the City's design review architect and approved by the Planning Commission. Staff recommends the following changes to condition of approval #4: 4. DESIGN n. Articulate the top floor to set it apart from the remainder of the building by incorporating the following: i. Create an upper floor offset and incorporate columns, extended railings and other balcony features to create the appearance of significant balconies along the upper floor. ii. Enhance the upper floor belt course/cornice line to distinguish the top floor from the lower floors. o. Add canopies over second and third story windows as indicated in Option C. Revenue Impacts The Santa Barbara Grill restaurant has been closed for over two years and is not generating sales tax revenues for the City. When the restaurant was in operation, it generated about $14,000 per year in sales tax revenues. Transient Occupancy Tax (TOT) revenues for the proposed hotel are expected to be between $275,000 to $300,000 per year. Therefore, the proposed project will generate revenue in excess of the previous restaurant use. Landscape Plan The trees proposed in the frontage along N. De Anza Boulevard do not currently conform to the North De Anza Specific Plan. Therefore, staff recommends a modification to conditions of approval #6 to Planning Commission Resolution No. 6177 as follows to ensure compliance with the North De Anza Specific Plan: 6. LANDSCAPING f. The landscaping (including type and location of trees in the frontage along N. De Anza Boulevard) shall be modified to conform to the North De Anza Specific Plan. Applications: U-2002-11, EA-2002-23 Extended Stay America lune 2, 2003 Page 4 SU~~.M~SUBM ED B Stev~e Piaseeki, Direct~'r Of Community Development APP,: David W. Knapp, City Manager ENCLOSURES Model Resolution Planning Commission Resolution No. 6177 Mitigated Negative Declaration Plan set City Council staff report dated March 17, 2003 Minutes of City Council meeting dated March 17, 2003 Planning Commission staff report dated March 10, 2003. Planning Commission staff report dated December 9, 2002. Exhibit A: Applicant's petition for reconsideration of denial of use permit U-2002-11 to City Council dated March 26, 2003. Exhibit B: Communication from City Attorney to City Council dated May 5, 2003 Exhibit C: Applicant's request to reschedule public hearing dated May 14, 2003 The following have not been included in the report but will be available at the public hearing upon request: Summary of the Traffic Report prepared by Fehr and Peers, November 2002. Tree Survey, S.P. McClenahan Co., Inc. dated February 21, 2003. Arborist's report by Barrie D. Coate and Associates dated March 4, 2003. G:\Pla irg\PDREPORTIRESIU-2OO2-11cc2.doc RESOLUTION NO. 03-107 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DENYING THE PETITION OF EXTENDED STAY AMERICA SEEKING COUNCIL RECONSIDERATION OF ITS DETERMINATION DENYING THE USE PERMIT TO DEMOLISH A 7,744 SQUARE FOOT VACANT RESTAURANT AND CONSTRUCT A 120 - ROOM HOTEL LOCATED AT 10745 N. DE ANZA BOULEVARD WHEREAS, applicant Extended Stay America has requested that the City Council reconsider their denial of use permit U-2002-11 under the provisions of section 2.08.096 of the City's ordinance code; and WHEREAS, the City Council has considered all the relevant evidence presented by the parties at all hearings, including evidence presented at the June 2, 2003, reconsideration hearing; NOW, THEREFORE, IT IS HEARBY RESOLVED AS FOLLOWS: a) That the use is not in conformance with the General Plan of the City of Cupertino, and is detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located because it the design of the building is out of scale and will have negative visual impacts due to its height and massing; b) That the property involved is adequate in size and shape to accommodate the proposed use. PASSED AND ADOPTED this 2na day of June 2003, by the City Council of the City of Cupertino, State of California, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Kimberly Smith City Clerk Michael Chang Mayor, City of Cupertino G:N Plam6ngN PDREPORT~ RES~ U-2002-11denial res.doc U-2002-11 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6177 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF A USE PERMIT TO ALLOW THE DEMOLITION OF THE FORMER SANTA BARBARA GRILL RESTAURANT AND CONSTRUCTION OF A 120-ROOM HOTEL (EXTENDED STAY AMERICA) AT 10745 N. DE ANZA BOULEVARD. SECTION I: PROJECT DESCRIPTION Application No.: Applicant: Location: U-2002-11, EA-2002-23 Freiheit & Ho Architects, Inc./Extended Stay America 10745 N. De Anza Boulevard - Santa Barbara Grill APN No. 326-10-064 SECTION II: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described in Section II of this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the applicant has met the burden of proof required to support said application; and has satisfied the following requirements: 1. The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; 2. The proposed use will be located and conducted in a manner in accord with the Cupertino General Plan and the purpose of this title. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, application no. U-2002-11 is hereby recommended for approval; and U-2002-11 March 10, 2003 Resolution No. 6177 Page 2 That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application U-2002-11, as set forth in the Minutes of the Planning Commission Meeting of December 9, 2002, and March 10, 2003, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS Approval is based on plan set dated March 5, 2003, entitled "Extended Stay America", and as amended by this resolution.. DEVELOPMENT APPROVAL Approval is granted for the demolition of the former Santa Barbara Grill restaurant and construction of a 120-room Extended Stay America hotel with a 100-car underground parking garage and 26 surface parking spaces. PROIECT AMENDMENTS Amendments to the project, considered major by the Director of Community Development, shall be reviewed by the Planning Commission. DESIGN The applicant shall work with staff and the City's consultant architect to provide the following design changes which shall be approved by the Design Review Committee prior to issuance of building permits: a. Enhance entries - Angle the glass canopies at a slope of minimum of l:l.S at both entrances to make them more visible. Make the rear canopy symmetrical. b. Roof Brackets - Provide doubled up metal brackets proportional to the building at the cornice and extend their length to the bottom of the frieze. c. Color Palette - The applicant shall work with staff and the City's consultant architect to determine the final color palette. d. Use a lighter gray color for the window mullions and the HVAC units rather than the proposed black, so that the HVAC units do not stand out. e. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible from the street. f. Paths - Provide a five-foot wide pedestrian pathway along the southern perimeter of the site with the exception of the area around the oak tree. Provide mulch at the base of the tree with paving stones at the far edge to the curb to create a path around the tree. g. Windows - Modify the window detail to provide a recess of at least three inches from the exterior wall face. 2 U-2002-11 March 10, 2003 Resolution No. 6177 Page 3 h. Pavers - Provide pavers in all areas currently proposed to be asphalt. The north and south paths shall also have pavers. Pavers on sand shall be provided where paving is located on natural ground. i. Lighting: i. Provide high quality pedestrian scaled lights and lit bollards in the front plaza, parking area and the north and south bike paths. ii. Provide uplighfing for the building, tower element, entry awnings to enhance visibility at night. iii. Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. j. Stairs from garage and concrete seatwall in the front setback - The stairs shah be relocated to the north side of the building so as not to be visible from the front along North De Anza Boulevard. The seatwall shah have sandstone facing and cap to match the building base. k. Gutters and downspouts - shall be incorporated into the building wall so that they are not visible on the exterior of the building. 1. Benches - The applicant shall provide benches in the lawn areas on the south side of the building facing the courtyard and parking area. CONSTRUCTION MANAGEMENT PLAN A construction management plan shall be prepared by the applicant and approved by staff prior to issuance of building permits. Staging of construction equipment shall not occur within 250 feet of any residential property. 6. LANDSCAPING a. A landscape bond in the amount of the cost of the landscaping shall be provided prior to issuance of building permits. The bond shall be returned upon inspection by Planning staff and a letter from the landscape architect certifying that all landscaping per the approval has been installed in the proper mariner. b. All new trees to be planted in the ground shall be 48-inch box size. Trees to be planted on the parking deck shall be a minimum of 24-inch box size. c. The 15 trees along the northern property line shall be replaced with Pyrus kawakami (Evergreen Pear) trees. d. The Chitalpa trees located close to the building wall shall be relocated further away to allow ladder access for the Fire Department. e. The proposed Ash trees will be required to be of the Fraxinus Americana variety, and the Platanus Acerfolia will be required to be of the Platanus "Bloodgood' variety. SCREENING The applicant shall provide the following landscaped screening features subject to approval by the Director of Community Development: 3 U-2002-11 Marchl0, 2003 Resolution No. 6177 Page 4 a. Landscaping (small trees and shrubs) at the terminus of the private road connecting the hotel and adjacent properties. b. Landscaping to screen the south and west wall of the trash enclosure. 8. TREE PROTECTION a. Arborist reports - Recommendations in the arborist's report by Barrie D. Coate and Associates report dated March 4, 2003 and Tree Survey by S.P. McClenahan Co, Inc. dated February 21, 2003 shall be followed. b. Protection plan - As part of the building permit drawings, a tree protection plan shall be prepared by a landscape architect or certified arborist for the specimen oak and trees to be retained on the site. The tree protection shall be inspected and approved by the landscape architect prior to beginning construction. c. Tree protection Bond - The applicant, prior to issuance of the first building permit, shall provide a tree protection bond in the amount of $50,000 to ensure protection of existing trees on the site during construction. The bond shall be returned after occupancy permit is issued upon provision of a report by a landscape architect or certified arborist indicating that the trees are in good condition. d. Paving - The applicant shall work with staff and the Fire Department to redesign the courtyard and drop-off area to reduce paved area adjacent to the oak tree referenced in the arborist's report by Barrie D. Coate and Associates report dated March 4, 2003, subject to the approval of the Director of Community Development. 9. BICYCLE PARKING Bicycle racks to accommodate seven bicycles shall be provided in the parking lot to the west of the site. 10. PEDESTRIAN/BICYCLE PATHS AND EASEMENT a. The applicant shall increase the width of the northern bicycle path to eight feet. b. The applicant shall provide a 5-foot wide path along the southern property line of the site, except under the specimen oak, where mulch shall be provided at the base of the existing specimen oak tree with paving stones at the far edge to the curb to create a path around the tree. c. Pedestrian easements over the sidewalk area and through the interior pedestrian paths and plaza shall be prepared by the developer, approved by the City Attorney and recorded against the subject property prior to issuance of building permits. 11. SHUTTLE The hotel shall offer shuttle services, which may be on an as needed contract basis, to pick-up and drop-off customers from airports, bus stops, Caltrain and light-rail stations. The shuttle shall be available on a 24-hour basis. 4 U-2002-11 March 10, 2003 Resolution No. 6177 Page 5 12. TRANSFORMERS Electrical transformers, telephone vaults, backflow preventers and similar above ground equipment enclosures shall not be located in the front (curb to building) along North De Anza Boulevard. The equipment locations shall be determined prior to issuance of building permits. The equipment shall be screened with fencing and landscaping or located underground such that it is not visible from public areas or the private drive to the west of the site. 13. TRASH ENCLOSURE The trash enclosure shall be attractively designed to match the architecture of the building and shall be screened by landscaping. The design shall be approved by the Director of Community Development prior to issuance of building permits. 14. MAINTENANCE AGREEMENT The following shall be completed prior to issuance of building permits: a. The property is to be maintained free of any debris and weeds until the time that actual construction commences. All existing structures shall be secured, or be demolished or removed from the property. b. The applicant shall sign a written agreement agreeing to join an open space maintenance district when such a district is formed. Until such a district is formed. The applicant shall be responsible for maintaining the landscaped area, including that in the public right-of-way, in a manner acceptable to the City. c. The landscaping shall be maintained in good health and graffiti shall be removed within a reasonable period of time. d. Covenants, Codes and Restrictions (CC&Rs): The applicant shall be required to record a maintenance agreement and CC&Rs, subject to review and approval by the City Attorney, City Engineer, and Community Development Director, which shall include the following: i. Continued architectural controls to ensure the architectural integrity of the project. ii. Description and map illustrating "public" areas to be maintained and ensure that the open space area and pedestrian/bike paths and the landscaped area along the frontage are available to the public. iii. Standards for maintenance for landscaping within the project site to be prepared by a landscape architect. iv. Standards for the long-term property maintenance for the building, landscaping and sound walls as necessary including: maintaining the property free of debris and weeds at all times and graffiti removal within a reasonable period of time. v. Naming of the City as a third party beneficiary with the opportunity to lien properties for any breach of the maintenance agreement and CC&Rs. U-2002-11 Marchl0, 2003 ResolutionNo. 6177 Page 6 15. UTILITY EASEMENTS Written approval from the agencies with easements on the property (including PG&E, PacBell and California Water Company, and/or equivalent agencies) will be required as a condition of approval prior to issuance of building permits. 16. SANTA CLARA VALLEY WATER DISTRICT A letter of clearance for the proposed project shall be obtained from the Santa Clara Valley Water District prior to issuance of building permits. 17. SANITARY DISTRICT Prior to obtaining a permit for occupancy, the applicant shall provide written confirmation from the Cupertino Sanitary District that adequate capacity is available for the project or the applicant shall make the necessary improvements to ensure adequate capacity for the project. 18. LIMITATION ON HOTEL STAY This use permit is granted for temporary occupancies typical of a hotel and does not include approval of longer stays typical of an apartment unit or complex. Therefore, each registration shall not exceed a period of more than twenty-nine (29) consecutive days. Transient occupancy tax shall be collected for each day of all occupancies. The applicant shall enter into an agreement with the City, acceptable to the City Attorney, complying with the above registration limitation and transient occupancy tax requirements or pay an in-lieu fee. 19. SIGNAGE AND DIRECTIONAL SIGNAGE a. Signage is not approved as part of this application. The application shall bring a signage plan to be approved by the Design Review Committee. b. As part of the signage plan, the applicant shall include directional signage, possibly on North De Anza Boulevard and Valley Green Drive, to provide customers clear directions to the vehicular entrance of the site. 20. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Resolution No. 6177 U-2002-11 March 10, 2003 Page 7 SECTION IV: CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT 21. STREET WIDENING Street widening, improvements and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 22. CURB AND GUTTER IMPROVEMENTS Curbs and gutters, sidewalks and r~lated structures shall be installed in accordance with grades and standards as specified by the City Engineer. 23. FIRE HYDRANT Fire hydrants shall be located as required by the City. 24. TRAFFIC SIGNS Traffic control signs shall be placed at locations specified by the City. 25. STREET TREES Street trees shall be planted within the Public Right of Way and shall be of a type approved by the City in accordance with Ordinance No. 125. 26. GRADING Grading shall be as approved and required by the City Engineer in accordance with Chapter 16.08 of the Cupertino Municipal Code. 401 Certifications and 404 permits maybe required. Please contact Army Corp of Engineers and/or Regional Water Quality Control Board as appropriate. 27. DRAINAGE Drainage shall be provided to the satisfaction of the City Engineer. Pre and Post- development calculations must be provided to indicate whether or not storm drain control measures are to be installed. 28. FIRE PROTECTION Fire sprinklers shall be installed in any new construction to the approval of the City. 29. UNDERGROUND UTILITIES The developer shall comply with the requirements of the Underground Utilities Ordinance No. 331 and other related Ordinances and regulations of the City of Cupertino, and shall coordinate with affected utility providers for installation of underground utility devices. The developer shall submit detailed plans showing utility underground provisions. Said plans shall be subject to prior approval of the affected Utility provider and the City Engineer. 7 Resolution No. 6177 U-2002-11 March 10, 2003 Page 8 30. IMPROVEMENT AGREEMENT The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. Fees: a. Checking & Inspection Fees: b. Grading Permit: c. Development Maintenance Deposit: d. Storm Drainage Fee: e. Power Cost: f. Map Checking Fees: g. Park Fees: h. Reimbursement for Public Improvements $ 6% of Off-Site Improvement Cost or $2,300.00 minimum $ 6% of Site Improvement Cost $ 3,000.00 $ 3,315.40 N/A N/A $11,272.50 Bonds: Faithful Performance Bond: 100% of Off-site and On-site Improvements Labor & Material Bond: 100% of Off-site and On-site Improvement On-site Grading Bond: 100% of site improvements. -The fees described above are imposed based upon the current fee schedule adopted by the City Council. However, the fees imposed herein may be modified at the time of recordation of a final map or issuance of a building permit in the event of said change or changes, the fees changed at that time will reflect the then current fee schedule. ** Developer is required to pay for one-year power cost for streetlights 31. TRANSFORMERS Electrical transformers, telephone vaults and similar above ground equipment enclosures shall be screened with fencing and landscaping or located underground such that said equipment is not visible from public street areas. 32. DEDICATION OF WATERLINES The developer shall dedicate to the City all waterlines and appurtenances installed to City Standards and shall reach an agreement with San Jose Water for water service to the subject development. 33. BEST MANAGEMENT PRACTICES Utilize Best Management Practices (BMP's), as required by the State Water Resources Control Board, for construction activity, which disturbs soil. BMP plans 8 U-2002-11 March 10, 2003 Resolution No. 6177 Page 9 shall be included in your grading and street improvement plans. Erosion and or sediment control plan shall be provided. 34. TRASH ENCLOSURES The trash enclosure plan must be designed to the satisfaction of the Environmental Programs Department. Clearance by the Public Works Department is needed prior to obtaining a building permit. 35. GRADING AND DRAINAGE PLAN a. The developer shall indicate all cut and fill calculations for the proposed site. b. Cost estimate is required for all on and off-site public works improvements. 36. EROSION CONTROL PLAN The developer must provide an approved erosion control plan by a Registered Civil Engineer. This plan should include all erosion control measures used to retain materials on-site. Erosion control notes shall be stated on the plans. All locations of the materials need to be identified on the plans. CITY ENGINEER'S CERTIFICATE OF ACCEPTANCE OF ENGINEERING/SURVEYING CONDITIONS (Section 66474.18 of the California Government Code) I hereby certify that the engineering and surveying conditions specified in Section IV. Of this resolution conform to generally accepted engineering practices /s/Ralph Quails Ralph QuaiLs, Director of Public Works City Engineer CA License 22046 U-2002-11 March 10, 2003 Resolution No. 6177 Page 10 PASSED AND ADOPTED this 10th day of March 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Corr, Miller, Saadati, Wong and Chairperson Chen COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: APPROVED: /s/Steve Piasecki Steve Piasecki Director of Community Development /s/Angela Chen Angela Chen, Chairperson Cupertino Planning Commission G:\Phmning\ PDREPORTI RESI U-2002-11(3) res.doc 10 CITY OF CUPERTINO NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17 1977, May 1, 1978, and July 7, 1980, the following described project was granted a Mitigated Negative Declaration by the City Council of the City of Cupertino on June 2, 2003. PROJECT DESCRIPTION AND LOCATION EA-2002-23 Application No.: Applicant: Location: U-2002-11 Freiheit & Ho Architects, Inc. 10745 N. De Anza Blvd. DISCRETIONARY ACTION REQUEST Use Permit to demolish a 7,300 square foot vacant restaurant (Santa Barbara Grill) and construct a 121-room hotel (Extended Stay America). FINDINGS OF DECISIONMAKING BODY The City Council granted a Mitigated Negative Declaration requiring landscaping and the replacement of the removed trees. Steve Piasecki Director of Community Development CERTIFICATE OF THE CITY CLERK This is to certify that the above Mitigated Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk g/erc/negEA200223 CITY OF cu er ino City of Cupert~o 10300 Torte Avenue Cupertino, CA 95014 (408) 777-3308 Fax: (408) 777-3333 Community Development Department Housing Services Summary Agenda Item No.~_ Agenda Date: March 17, 2003 Application: U-2002-11, EA-2002-23 Applicant (s): FreLheit & Ho Architects, Inc./Extended Stay America Property Location: 10745 N. De Anza Boulevard - Santa Barbara Grill APN#: 326-10-064 Application Summary: Use Permit to demolish a 7,744 square foot restaurant and construct a 120-room hotel. RECOMMENDATION The Planning Comm/ssion recommends that the City Council approve: 1. Mitigated Negative Declaration, file number EA-2002-23; and 2. Use Permit application, file number U-2002-11, in accordance with the Planning Commission Resolution No. 6177. Project Data: Site Area: 1.37 acres. No. of Hotel Rooms: 120 rooms. Proposed Building Area: 58,000 sq.ft. Height: ...... 50 feet maximum height consisffng of 4 stories Parking Spaces: General Plan Designation: Zoning Designation: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment:. 126 spaces (100 underground and 26 surface parking). Commercial/Office/Residential P(CG, ML, Res 4-10) - Planned Development (General Commercial, Light Industrial, Residential 4-10 units/ac). Yes. Yes. Hotel uses are allowed as a conditional use in the General Commercial zone. North De Anza Boulevard Plan. Yes. Mitigated Negative Declaration. BACKGROUND The project was reviewed by the Planning Commission on December 9, 2002. At that ffme, the Planning Commission voted to continue the item and asked the applicant and staff to work on several issues including design, easement, pedestrian connections and parking. On March 10, 2003, the Planning Commission recommended approval of the project Applications: U-2002-11, EA-2002-23 Extended Stay America Page 2 March 17, 2003 DISCUSSION Project Site The 1.37-acre project site at 10745 N. De Anza Boulevard is located south of Highway 280 and across the street from the Apple campus. The site is bounded by office uses to the south and east, and office and commercial uses to the west. The grade at the building line along North De Anza Boulevard slopes up about 5 feet above the grade at the curb. The project site is in a prominent location and is visible to people entering Cupertino from Sunnyvale and from Highway 280. Therefore, development in this location will be expected to incorporate high quality architecture, building materials, landscaping, lighting, and special features including public art, a plaza or a water feature along De Anza Boulevard. Architectural Design The hotel building is designed in a modern style to reflect the architecture of the Apple campus, the NetManage building and office buildings along North De Anza Boulevard. A public art feature and plaza is proposed in the front setback along North De Anza Boulevard. The building is designed with the front lobby and an entry facing North De Anza Boulevard, while the main entrance is located near the surface parking lot to the west of the building. The east elevation along North De Anza Boulevard has a tower feature with an arched roof supported by metal brackets and a glass awning on the first floor to highlight the entrance. The facades are articulated with building plane changes and windows with awning and balcony features. Proposed building materials consist of sandstone at the base, stucco for the main building and metal awnings and balconies. The City's consultant architect, Larry Cannon is generally satisfied with the project design but has reiterated that some design details have yet to be addressed. These have been included as conditions of approval for the project- The final design will require approval by the Design Review Committee. Traffic Analysis A traffic report was prepared by Fehr & Peers Associates, Inc. in June 2002 (see Exhibit A for summary of the report). The traffic report compared the proposed use to trips generated by the existing restaurant. The existing restaurant use generates 951 daffy trips, while the hotel generates 749 daily trips, resulting in a net decrease of 202 daily trips. Since the restaurant has been vacant for over two years, the traffic study did not assume a credit for the existing use. The study was conducted with all 749 daffy trips attributed to the hotel. Based on this assumption, the project is not expected to cause significant impacts to the level of service (LOS) at key intersections. Therefore, no mitigation measures are required. Easements The property has three easements through the site. Two of the easements run along the northern edge of the property and are line, pole, and maintenance easements for PG&E and PacBeff. The third utility easement for California Water Company runs along the western Applications: U-2002-11, EA-2002-23 Extended Stay America Page 3 March 17, 2003 edge of the property. The proposed building does not encroach into any of the above easements. ISSUES Parking Parking for the project consists of 126 spaces: 26 on-grade spaces and 100 spaces in the underground garage. The City's parking code requires 126-127 spaces for the proposed building (one for each hotel room and one for each employee estimated to be a maximum of six to seven per shift). The Planning Commission questioned whether the number of employees was realistic and whether additional parking spaces should be provided. Since the project provides 126 spaces, parking provided on-site is considered adequate per code. Staff also reviewed other hotel applications approved in Cupertino including: the Hilton Garden Inn, Marriott and Cupertino Inn. The parking provided by the hotels is as follows: · Hilton Garden Inn (approved 1996) - 171 rooms/166 parking spaces (0.97 spaces/room). · Marriott (approved in 1986) - 149 rooms/151 parking spaces (1.01 spaces/room). · Cupertino Inn (approved in 1985) - 126 rooms/128 parking spaces (1.02 spaces/room). · ESA (proposed project) - 120 rooms/126 spaces (1.05 spaces/room). Staff is not aware of any parking problems at the existing hotels. On March 10, 2003, the Planning Commission discussed the issue and determined that the pa~king provided by the proposed project is adequate. Landscape Plan The project proposes to remove 13 l~ees on the project site to accommodate the building footprint and underground parking garage. None of the trees proposed for removal is a Specimen or Heritage tree per the City's Municipal Code. The project proposes to plant 48 new trees as mitigation for the removal. The proposed underground garage is located within 23 feet of an existing specimen oak tree on the southern property line. The proposed plans were reviewed by two arborists (see Exhibit B & C for arborists' reports), both of whom determined that the oak tree will not be impacted by the underground garage, provided certain construction and tree protection measures were followed. The construction provisions and protection measures are contained in the recommended conditions of approval for the project A preservation bond will also be required for the existing oak tree. Transient Occupancy Tax The proposed Extended Stay America hotel is geared toward clientele that may stay for long periods of time. Stays over 30 days ~e more characteristic of apartment dwellings and are not required to pay the City's Transient Occupancy Tax (TOT). Since this approval is granted for a hotel and not for an apartment building, a condition of approval will require the applicant to sign an agreement with the City regarding payment of the City's transient occupancy tax for all occupancies, or payment of ~ in-lieu fee equal to the transient occupancy tax. 3 Applications: U-2002-11, EA-2002-23 Extended Stay America Page 4 March 17, 2003 Public Input At the December 9, 2002, Planning Commission meeting, a representative of the Chamber of Commerce and managers of nearby hotels voiced concerns about hotel market conditions and the ability to successfully absorb another hotel. It was pointed out that City regulations do not dictate market conditions. On March 10, 2003, no members of the public addressed the Planning Commission regarding this project. Prepared by: Aarti Shrivastava, Senior Planner Steve Piasecki, Director Of Community Development APPROVED BY: David W. Knapp, City Manager ENCLOSURES Planning Commission Resolution No. 6177 Mitigated Negative Declaration Plan set Planning Commission staff report dated March 10, 2003. Planning Commission staff report dated December 9, 2002. Minutes of the Planning Commission dated December 9, 2002. Exhibit A: Summary of the Traffic Report prepared by Fehr and Peers, November 2002. Exhibit B: Tree Survey, S.P. McClenahan Co., Inc. dated February 21, 2003. Exhibit C: Arboristas report by Barrie D. Coate and Associates dated March 4, 2003. G: I Planning\ PD REPORT\ pcUsereports \ U-2002-11cc.doc March 17, 2003 Cupertino City Council Page 4 The City Cle'~, announced that the property/o~ner has abated the nuisance. Mayor Chang opened the publl~hearing at 7:37 p.,~. There were no speakers and the heating was closed. James/Kwo'h~oved and~onded to remove this item from the calendar. Vote: Ayes: Chang, James, K k,~enthal, Sandoval. Noes: None. Absent: None. Administrati_v.e Se~ic~Direc't~K~Carol Atwood said that staff will bring to Council a proposed or__ill reside~or City costs leading up to the abatement of re- occur ng nu 5 e . PLANNING APPLICATIONS 12. Application Nos. U-2002-11 and EA-2002-23; Use Permit to allow the demolition a 7,744 square foot restaurant (former Santa Barbara Grill) and construct a 120~room hotel (Extended Stay America), located at 10745 N. De Anza Boulevard. A Mitigated Negative Declaration is recommended and this item is recommended for approval. Elevations from the Design Review Board Re-Submittal were distributed at the meeting. Senior Planner Aarti Shrivastava gave a PowerPoint presentation that included information on parking, landscaping, and transient occupancy tax. Applicant J. R. Rodin representing Extended Stay America, said he was concerned about the 29-day limitation for guests, and asked for clarification of that condition or a mechanism to allow guests check out and immediately re-register, so that they will not be forced to move around. Rodin said the hotel would probably open in late 2004 and the company plans to move ahead with development at this time. Steve Peters, the Bay area corporate real estate manager, explained that the hotel caters to corporate travelers who are in town 2-3 weeks at a time. He said that there had been a lot of support for this service expressed by local businesses during their research. Kevin Chow, architect, gave a PowerPoint presentation on design concepts, landscaping, the public plaza with artwork, floor plan, and building materials. He said that parking was adequate and more than exceeds the minimum standards. There is no cocktail lounge or restaurant, and a shuttle service will be used instead of the hotel having a permanent shuttle. Chang was concerned about the layout of the building and the size of the structure as a first impression for drivers entering Cupertino. The architect said that the layout was designed to preserve the large oak tree on the property. Kwok was also concerned about the four levels of building providing a large mass for drivers exiting the freeway. The following individuals spoke in opposition to the construction of a new hotel. Their comments included: the market changes, especially since the September I 1 attack, have had an adverse impact on the hotel industry, and the market is reaching a saturation point March 17, 2003 Cupertino City Council Page 5 in Cupertino. Transient Occupancy Tax (TOT) is important for the community, but adding hotels does not increase the number of guests in town, so the hotels compete for guests by lowering their rates, which lowers the TOT. The existing hotels are straggling and employees are losing their jobs. Salaried staff at the Cupertino Inn has already taken a large reduction in pay, and existing clients are reporting that they are continuing to cut back on travel. Barbara Perzigian, General Manager, Cupertino Inn, 10889 N. DeAnza Boulevard Christian Olsen, Marketing Manager, Cupertino Inn Bryan Adame, Cupertino Inn employee Leann Hall, Assistant General Manager, Cupertino Inn Sheila Leimer, Director of Sales, Cupertino Inn Aaron Douchinski, Reservations Manager, Cupertino Inn Brandie Rivera, Sales Manager, Cupertino Inn Derrick Douchinski, Front Office Manager, Cupertino Inn Steve Peters said that he was empathetic to the problem and that hotels all over the area are experiencing a drop in business. Historically this is a cyclical business, and their research shows that although demand will remain flat in 2003, it will increase in late 2004 to 2005. The Extended Stay America is in a different price point than the Inn and offers a different product. Lowenthal said he generally supported competition but was persuaded that Cupertino doesn't need more hotel rooms. He thinks recovery will be a long-term process, and current businesses should be successful, if not thriving. Also, the building is large and not particularly beautiful, and the community has expressed its desire to pull back on growth. This is an opportunity to pull back on a 4-story building that is not needed. Kwok felt it was important that current businesses are successful, and he was not in favor of a four-story structure fight next to the freeway. He suggested this project be delayed for a year or two. James said it was interesting that the other hotels did not come here to discourage the project. She said it was not Council's role to limit competition or free enterprise. The applicant has been working with staff for nearly a year, and was never told the City was running out of space for hotel rooms. Also, some of the bigger companies in town are sending people to Saratoga or San Jose because of better marketing of hotel rooms and long-term deals. Extended Stay America is a different market niche than the Cupertino Inn. She thought the exterior design had been approved since the first submittal, and she had no objection to the height, since it was the same height or lower than other businesses on the same street. Sandoval agreed with James' comments about a free market and encouraging enterprise, and that the City's hotels all serve different niches. March 17, 2003 Cupertino City Council Page 6 Chang said he had concerns regarding the design as well as timing. He would have preferred more choices, with less height and mass next to freeway, particularly for this gateway building. He recommended it be sent back to the Planning Commission to work on design issues, and have it come back to Council in 9 months or a year. Administrative Services Director Carol Atwood said the Environmental Review Committee discussed this matter and felt it was not the city's job to limit competition. They believed that this is a regional issue, and neighboring cities will continue to grow and build hotels even if Cupertino doesn't. When the recession is over, that business will go elsewhere. Also, the developer has the expertise to determine if it is appropriate to build now, and it would provide jobs over the next 18 months. James/Sandoval moved and seconded to approve the proposal. Motion failed and the project was not approved. AYES: James and Sandoval. NOES: Chang, Kwok, and Lowenthal. UNFINISHED BUSINESS - None 13. No. )lution supporting the creation of a i Housing Trust Fund, Resolution 14. Barry Del Buno, Council's , and president of the threatens Hous ~ Housing Consortium, said that % economic well-being. He asked for Trust Fund. ROB, also spoke ' lousing Network of Santa Clara County, Trust Fund. Sandoval/James moved Chang, James, Kwol~ to adopt Resolution No. 03-055. Vote: Ayes: · Noes: None. Absent: None· and a) Mobile b) Fee c) Fourth d) direction ' direction et amendments revi Services Director Carol Atwood gave a and actions that had been taken, such as reviewing and an additional year-end shortfall with the Economic Uncertaint, She plans for 2003/2004, which included reducing the Operations by $1 reducing the Capital Improvement Projects budget by $1 million, and r CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2002-11, EA-2002-23 Agenda Date: March 10, 2003 Applicant (s): Freiheit & Ho Architects, Inc./Extended Stay America Property Location: 10745 N. De Anza Boulevard - Santa Barbara Grill APN#: 326-10-064 Application Summary: Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill) and construct a 120-room hotel (Extended Stay America). RECOMMENDATION That the Planning Commission recommend approval to the City Council of the: 1. Mitigated Negative Declaration, file number EA-2002-23; and 2. Use Permit application, file number U-2002-11, in accordance with the model resolution. Project Data: Site Area: No. of Hotel Rooms: Proposed Building Area: Height: Parking Spaces: General Plan Designation: Zoning Designation: Specific Plan: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: 1.37 acres. 120 rooms. 58,000 sq.ft. 50 feet consisting of 4 stories 126 spaces (100 underground and 26 surface parking). Commercial/Office/Residential P(CG, ML, Res 4-10) - Planned Development (General Commercial, Light Industrial, Residential 4-10 units/ac). Yes. Yes. Hotel uses are allowed as a conditional use in the General Commercial zone. North De Anza Boulevard Plan. Mitigated Negative Declaration. Project Description The 1.37-acre project site at 10745 N. De Anza Boulevard is located south of Highway 280 and across the street from the Apple campus. The site is bounded by office uses to the south and east, and office and commercial uses to the west. The grade at the building line along North De Anza Boulevard slopes up about 5 feet above the grade at the curb. BACKGROUND The project was previously presented to the Planning Commission on December 9, 2002. The Planning Commission voted to continue the project and directed staff and the applicant to work on the following issues: Applications: U-2002-11, EA-2002-23 Extended Stay America Page 2 March 10, 2003 1. Easements - The property has three easements through the site. Two of the easements run along the northern edge of the property and are line, pole and maintenance easements for PG&E and PacBell. A portion of the underground garage and the northeast corner of the proposed building were within the PG&E easement along the northern portion of the property. The applicants were required to obtain approval from PG&E for the project. 2. Architectural Design - The City's consultant architect, Larry Cannon, and staff had recommended a number of design changes for the project. The Commission indicated that the drawings needed to show the building more clearly and directed the applicant to provide color elevations and two perspectives, preferably without the trees shown so that the building features could be visible. The applicant has provided colored elevations and one perspective of the front without the trees. 3. Pedestrian Easement - The Commission directed the applicant to explore a pedestrian easement to allow pedestrian access from the project site through properties to the south to Valley Green Drive. 4. Parking - The Planning Commission asked if the number of employees is realistic and whether additional parking spaces should be provided. A detailed discussion is provided in this report. DISCUSSION Plan Revisions due to Easement Issues The property has three easements through the site. Two of the easements run along the northern edge of the property and are line, pole, and maintenance easements for PG&E and PacBell. A portion of the underground garage and the northeast corner of the building proposed on December 9, 2002, were located within one of the PG&E easements. On February 10, 2003, the applicants were informed by PG&E (see Exhibit B) that the building and underground garage could not be located in the easement and that no planting would be allowed in the PG&E easement area. The plans have therefore been revised to move the underground garage and building out of the PG&E easement (see plan set). The earlier northern building line (for the underground garage) was 10 feet away and parallel to the northern property line. The new northern property line is angled to match the PG&E easement line. The other building setbacks are consistent with the earlier plans. Staff spoke with a representative of PG&E who indicated that smaller trees were allowed in the easement. The landscaping is discussed later in this report. Written approval from the relevant agencies will be required as a condition of approval prior to issuance of building permits. Architectural Design The applicant has addressed some of the design issues discussed in the previous meeting. The City's consultant architect, Larry Cannon is generally satisfied with the revised project, but reiterated that issues that have not been addressed should be incorporated into the 2 Applications: U-2002-11, EA-2002-23 Extended Stay America Page 3 March 10, 2003 project. The following comments have been addressed: 1. Highlight the tower element - The applicant has enhanced the tower element with columns and supports to support the arched roof. 2. Provide real stone for the base - The revised proposal provides a beige sandstone base. 3. Colors- a. Vary the colors vertically (similar to the Cypress hotel building) rather than the proposed horizontal variation - The consultant architect indicated that the horizontal variation is preferable since it helps break up the height. The following issues have not been addressed in the plan and remain as conditions of approval: 4. Entry canopies - Angle the glass canopies at both entrances to make them more visible. Make the rear canopy symmetrical. 5. Roof Brackets - Provide doubled up metal brackets proportional to the building at the cornice and extend their length to the bottom of the frieze. Staff will work with the applicant and consultant architect to ensure that the brackets are proportional to the building. 6. Provide a five-foot wide pedestrian pathway along the southern perimeter of the site with a seating area around the existing specimen oak tree - The applicant has provided a cobblestone paving at the base of the tree. Based on the arborist's report, the tree should be mulched. Therefore, the recommendation is to provide mulch at the base of the tree with paving stones at the far edge to the curb to create a path around the tree. 7. Colors- a. Consider more variation in color - The applicants have provided a "warmer" color palette with more variation. The consultant architect believes that the general direction is satisfactory. Staff will work with the applicant and consultant architect to refine final colors. b. Provide a lighter gray color for the window mullions and HVAC units rather than the proposed black. 8. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible from the street. 9. Windows - The window detail shall be modified to provide a recess of at least three inches from the exterior wall face. 10. Pavers - Provide pavers in all driveway and surface parking areas currently proposed to be asphalt. The north and south paths should also have pavers. Pavers on sand shall be provided where paving is located on natural ground. n. Li h ng- a. Provide high quality pedestrian scaled lights and lit bollards in the front plaza, parking area and the north and south bike paths. b. Provide uplighting for the building, tower element, entry awnings to enhance visibility of the building at night. 3 Applications: U-2002-11, EA-2002-23 Extended Stay America March 10, 2003 Page 4 c. Provide uplights for the trees in the landscaped frontage along the North De A~za Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. The following conditions have been added after staff became aware of additional design issues: 12. Stairs,from garage and concrete seatwall in the front setback - The stairs should be relocated to the north side of the building so as not to be visible from the front along North De Anza Boulevard. The seatwall should have a sandstone facing and cap to match the building base. 13. Gutters and downspouts - shall be incorporated into the building wall so that they are not visible on the exterior of the building. Pedestrian Easement The Planning Commission was interested in exploring the possibility of getting a pedestrian connection with the properties to the south out to Valley Green Drive. The apphcant contacted the property to the south and received a negative response (see Exhibit C). Staff believes that the private road connecting the property to Valley Green Drive and the meandering sidewalk along De Anza Boulevard provide adequate pedestrian connection to Valley Green Drive, and that another through pedestrian access is not necessary. Parking The Planning Commission questioned whether the number of employees was reahstic and whether additional parking spaces should be provided. Parking for the project consists of 126 spaces: 26 on-grade spaces and 101 spaces in the underground garage. The previous plans indicated 125 spaces. ESA has indicated that the number of employees is about ten on a 24-hour basis, but no more than five (one receptionist, one manager, one assistant manager and two housekeeping staff) during a single shift. The City's parking code requires 125 spaces for the proposed building (one for each hotel room and one for each employee). Since the project provides 126 spaces, parking provided on-site is considered adequate per code. Staff also reviewed other hotel applications approved in Cupertino including: the Hilton Garden Inn, Marriott and Cupertino Inn. The parking provided by the hotels is as follows: · Hilton Garden Irm (approved 1996) - 171 rooms/166 parking spaces (0.97 spaces/room). · Marriott (approved in 1986) - 149 rooms/151 parking spaces (1.01 spaces/room). · Cupertino Inn (approved in 1985) - 126 rooms/128 parking spaces (1.02 spaces/room). · ESA (proposed project) - 120 rooms/126 spaces (1.05 spaces/room). Staff is not aware of any parking problems at the existing hotels. Based on the above information, staff believes that the parking provided by the proposed project is adequate. Landscaping and Tree Protection The revised landscaping plan provides for 48 new trees instead of 49 new trees because of the new footprint. Earlier comments from the Santa Clara Water District (SCVWD) had required the 15 trees along the north property line trees to be replaced with Redwoods. 4 Applications: U-2002-11, EA-2002-23 Extended Stay America March 10, 2003 Page 5 Since the trees are in the PG&E easement, the trees have been changed to Pyrus kawakami (Evergreen Pear) trees to allow ease of maintenance. Staff and the applicant will confirm this choice with the SCVWD. PG&E has also requested the removal of one redwood near the eastern property line under the poles and wires and that the London Plane at the northern comer along N. De Anza Boulevard not be planted. These will be made conditions of approval for the project as part of agency approvals. The revised plans bring the underground garage five feet closer and within 23 feet of the existing oak tree on the southern property line. The applicant's arborist (see Exhibit D) has evaluated the new plans and determined that the oak tree will not be impacted by the underground garage being located closer to the oak tree. The arborist has provided tree protection measures in order to ensure the health of the tree during and after construction. The provisions are contained in the recommended conditions of approval for the project. Staff has also consulted with another arborist to confirm the applicant's arborist's recommendations. The report will be made available at the meeting. A preservation bond will also be required to safeguard the existing oak tree during construction. Submitted by: Aarti Shrivastava, Senior Plarmer Approved by: Steve Piasecki, Director of Community Developmen~zs~_ ENCLOSURES Model Resolution for U-2002-11 Initial Study Recommendation of the Environmental Review Committee Plan set Planning Commission staff report dated December 9, 2002. Exhibit A: Summary of the Traffic Report prepared by Fehr and Peers, November 2002 Exhibit B: Letter from PG&E dated February 10, 2003 Exhibit C: Letter from James Property Investments dated January 28, 2003 Exhibit D: Tree Survey, S.P. McClenahan Co., Inc. dated February 21, 2003 G: I Planning \ PD RE POR TI pc Usereports I U-2002-11 (2).doc 5 CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM Application: U-2002-11, EA-2002-23 Agenda Date: December 9, 2002 Applicant (s): Freiheit & Ho Architects, Inc./Extended Stay America Property Location: 10745 N. De Anza Boulevard - Santa Barbara Grill APN#: 326-10-064 Application Summary: Use Permit to demolish a 7,744 square foot vacant restaurant (former Santa Barbara Grill) and construct a 120-room hotel (Extended Stay America). RECOMMENDATION Staff recommends that the Planning Commission: 1. Discuss and continue the project to resolve design and easement issues. OR 2. Approve the following: a. Mitigated Negative Declaration, file number EA~2002-23 b. The Use Permit application, file number U-2002-11, in accordance with the model resolution. Project Data: Site Area: No. of Hotel Rooms: Proposed Building Area: Parking Spaces: General Plan Designation: Zoning Designation: Specific Plan: Project Consistency with: General Plan: Zoning: Specific Plan: Environmental Assessment: 1.37 acres. 120 rooms. 58,000 sq.ft. 125 spaces (100 underground and 25 surface parking). Commercial/Office/Residential P(CG, ML, Res 4-10) - Planned Development (General Commercial, Light Industrial, Residential 4-10 units/ac). Yes. Yes. Hotel uses are allowed as a conditional use in the General Commercial zone. North De Anza Boulevard Plan. Mitigated Negative Declaration. DISCUSSION Project Description The 1.37-acre project site at 10745 N. De Anza Boulevard is located south of Highway 280 and across the street from the Apple campus. The site is bounded by office uses to the south and east, and office and commercial uses to the west. The grade at the building line along North De Anza Boulevard slopes up about 5 feet above the grade at the curb. The Applications: U-2002-1~, EA-2002-23 Extended Stay America December 9, 2002 Page 2 proposed 120-room hotel is feur stories and 50 feet high, and includes a 100-car underground parking garage. General Plan and Zoning The General Plan designation is Commercial/Office/Residential. The proposed building is consistent with the land use since hotels are allowed in (CG) General Commercial zones. The proposed project will requLre 120 hotel rooms to be allocated from the citywide pool (currently 284 rooms are available). The proposed 50-foot tall building is less than the maximum allowed height of 60 feet. The building bulk is also below the 1:1 slope line drawn from the edge of curb as required. The zoning allows hotels as a conditional use. Therefore, the project is consistent with the General Plan and Zoning. North De' Anza Conceptual Plan The North De Anza Conceptual Plan provides development standards and streetscape requirements for properties located south of Highway 280 to the north, Garden Gate subdivision to the west, Alves Drive and St. Joseph's church to the south, and Collins Junior High and properties on Larry Way to the east. The project complies with the development standards as follows: · The project provides a 50-foot wide landscaped setback (measured from the curb) with a meandering sidewalk as required in the Plan. A public access easement is included in the conditions of approval to allow portions of the meandering sidewalk to be located on private property. · The building is located adjacent to the street with parking in the rear. The building is consistent with the architecture along the street in conformance with the requirement for "architectural continuity" per the Plan. · A condition of approval requires the applicant to sign a written agreement agreeing to join an open space maintenance district when such a district is formed. Untii such a district is formed, the applicant shall be responsible for maintaining the landscaped area including the public right-of-way, in a manner acceptable to the City. Architectural Design The project site is in a prominent location and is visible to people entering Cupertino from Sunnyvale and from Highway 280. Therefore, development in this location will be expected to incorporate high quality architecture, building materials, landscaping, lighting, and special features including public art, a plaza, or a water feature along De Anza Boulevard. The hotel building is designed in a modern style to reflect the architecture of the Apple campus, the NetManage building, and office buildings along North De Anza Boulevard. The building is designed with the front lobby and entrance facing North De Anza Boulevard. The main entrance is located near the surface parking lot to the west of the building. Applications: U-2002-1~, EA-2002-23 Extended Stay America December 9, 2002 Page 3 The proposed building is four stories high with a flat roof and cornice supported by metal brackets. The underground garage is mostly submerged and is screened with landscaping around the edges. The east elevation along North De Anza Boulevard has a tower feature with an arched roof supported by metal brackets and a glass awning on the first floor to highlight the entrance. The main building entrance to the west also has a similar glass awning feature. Individual HVAC units are located at the base of each window unit and will be painted to fit into the color palette. Windows in the tower area and the fourth story are accented by curved metal balconies and metal awnings. The facades are articulated with the enh'y tower, building plane changes, cornice elements, and windows (flush with the exterior wall) with awning and balcony features. The base consists of Ameristone (manufactured Dryvit material) and extends up to the entire height of the first story. Other exterior materials include tan and "China white" colored EIFS stucco for the main body of the building, black anodized aluminum windows and a gray-blue metal seam canopy roof. The balconies, brackets and awnings are proposed to be powder-coated aluminum in a "powder blue" color. The cornice and frieze also proposed to be a powder-blue color. The front landscaping maintains ~he existing redwood trees and the meandering sidewalk. A public art feature and plaza is proposed in the front yard along North De Anza Boulevard. The project also proposes to plan a variety of trees around the perimeter of the site and around the building. A material board will be available at the meeting. The project was reviewed by Larry Cannon, the City's architectural consultant (see Exhibit B), who had several design recommendations. Staff also recommends some additional design elements. Following is a summary of the recommended changes: 1. Highlight the tower element -Provide colmm~ and supports to support the arched roof similar to the treatment at the Apple building. Adding supporting brackets to the arched roof and filling in the circular area with spandrel glass would also highlight the tower area. 2. Enhance entries - Angle the glass canopies at both entrances to make them more visible. Make the rear canopy symmetrical. 3. Building proporl2ons - Provide more substantial roof supports at the cornice so that they are proportional to the frieze and can be seen when viewed from the ground. 4. Base - Provide real stone for the base instead of the proposed Ameristone material. 5. Colors- a. Consider more variation in color (similar to the Apple building). b. Vary the colors vertically (similar to the Cypress hotel building) rather than the proposed horizontal variation. c. Consider a lighter gray color for the window mullions rather than the proposed black, so that the HVAC units do not stand out. 6. Plaza - Create a more substantial front plaza area around the entry lobby and art feature. The plaza should terrace down to the sidewalk to make it more accessible from the street. Applications: U-2002-1i, EA-2002-23 Extended Stay America December 9, 2002 Page 4 7. Paths - Provide a five-foot wide pedestrian pathway along the southern perimeter of the site with a seating area arotmd the existing specimen oak tree. Staff will work with the applicant and the City's design review architect to incorporate the above changes and bring the project to the Plamting Commission on January 13, 2003. Staff also recommends the following design recommendations to enhance the quality of the building and site: 8. Windows - Recess windows to a minimum of 3 inches from the exterior wall face. 9. Provide pavers in aH driveway and surface parkh~g areas currently proposed to be asphalt. The north and south paths should also have pavers. Pavers on sand shall be provided where paving located on natural ground. 10. Lighting- a. Provide high quality pedestrian scaled lights and lit bollards in the front plaza, parking area and the north and south bike paths. b. Provide uplighfing for the building, tower element, enhT awnings to enhance visibility of the building at night. c. Provide uplights for the trees in the landscaped frontage along the North De Anza Boulevard frontage, the specimen oak tree, and proposed trees in the parking lot. The design recommendations have been added to the conditions of approval. Traffic & Circulation Traffic Analysis A traffic report was prepared by Fehr & Peers Associates, Inc. in June 2002 (see Exhibit A for summary of the report). The traffic report compared the proposed use to trips generated by the existing restaurant. The exisffng restaurant use generates 951 daily trips, while the hotel generates 749 daily h'ips, resulting in a net decrease of 203 daily trips. Since the restaurant has been vacant for over two years, the traffic study did not assume a credit for the existing use. The study was conducted with ag 749 daily trips attributed to the hotel. Based on this assumption, the project is not expected to cause significant impacts to the level of service (LOS) at key intersections. Therefore, no mitigation measures are requixed. A condition of approval for the project will also require provision of a shuttle service to take customers to and from airports. Access to the project site is provided through a shared driveway on Valley Green Drive. The site has two access points, a south entry to the surface parking lot and main building entrance, and the north entry, which accesses the underground garage. As indicated by the traffic analysis, the driveways provide adequate capacity to enter and exit the site. The Fire Department has reviewed the project and determined that emergency vehicle access will be adequate. Applications: U-2002-1~, EA-2002-23 Extended Stay America December 9, 2002 Page 5 Parki~g Parking for the project consists of 125 spaces: 25 on-grade spaces and 100 spaces in the underground garage. The City's parking code requires 125 spaces for the proposed building (one for each hotel room and one for each employee). Therefore, the parking provided on-site is considered adequate. The project will need to provide racks for seven bikes (5% of the required automobile parking for the proposed project). The bike racks will be located in the parking lot area. Neighborhood Cut-Through Project traffic is expected to approach and depart via De Anza Boulevard. Some traffic may use neighborhood streets such as Stelling Road, Valley Green Drive, Greenleaf Drive, and Beardon Drive. The project is expected to add a total of 37 vehicles per day and 3 vehicles during the PM peak hour to these streets. Therefore, the project will not result in significant impacts to the immediate neighborhood. Pedestrian and Bike Paths The design of the site includes a well-defined bike path along the northern property line of the site. Staff recommends that the proposed five-foot wide bike path be widened to at least seven feet. Staff additionally recommends that an additional five-foot wide path be provided along the southern property line to allow access through the site. These recomznendations have been added to the conditions of approval. Tree Removal The project proposes to remove 12 trees on the project site to accommodate the building footprint and underground parking garage. They include: four Ligustrium japonica, one 6" Oak, one Ash and one Redwood on the north property line, one Japanese Maple, three Eucalyptus and one Melaleuca to the south of the site. None of the trees proposed for removal is a Specimen or Heritage tree per the City's Municipal Code. The project proposes to plant 49 new trees as mitigation for the removal. These include: 12 London Planes along North De Anza Boulevard and the private driveway to the west, 15 Cherry trees along the north property line, 19 Chitalpa (Desert Willow) trees around the building, and three Redwoods on the south property line. Protection measures and a preservation bond will be required to safeguard the existing oak tree, located to south of the site, during construction. The Fire Department has also requested that trees directly adjacent to the building be relocated away from the building to allow ladder access for rescue. In accordance with the comments from the Santa Clara Water District, the 15 Cherry trees to the north of the project site will be replaced with Redwoods. The Santa Clara Valley Urban Runoff Pollution Prevention Program is recommending planting of pest resistant trees to reduce impacts of pesticides on storm water runoff. The proposed Ash trees will be required to be of the Fraxinus Americana variety, and the Platanus Acerfolla will be required to be of the Platanus "Bloodgood" variety. All the above items have been included in the conditions of approval. Applications: U-2002-11, EA-2002-23 Extended Stay America December 9, 2002 Page 6 Signage Signage is not included in the approvals of this application. The applicant will be required to provide a sign program to be approved by the Design Review Committee. Signage will require consistency with the architecture, colors and materials for the proposed building. Sanitary Sewer Sanitary sewer service is available to the site. Tke applicants, like other users of the system, will be required to pay District fees and obtain a permit for construction of the project. A condition requires that if necessary improvements are required, they shall be completed prior to building occupancy. Storm Water Quality Management The Regional Water Quality Control Board is requiring local agencies to reduce impervious surface and incorporate storm water quality design techniques in their new projects. The current project site has a restaurant building and a large paved asphalt parking lot. The applicants have indicated that the proposed project is not expected to increase impervious surface area. A condition of approval requires the applicants to provide pre-development and post-development drainage calculations to determine whether stormwater run-off reduction measures are required. Easements The property has three easements through the site. Two of the easements run along the northern edge of the property and are line, pole, and maintenance easements for PG&E and PacBelI. A portion of the underground garage and the northeast corner of the proposed building are within one of the PG&E easements. The third utility easement for California Water Company runs along the western edge of the property. The edge of the garage is adjacent to the easement line. The applicants have been working with the agencies to get approval for the project plans with respect to easement restrictions. Written approval from the relevant agencies wilI be required as a condition of approval prior to issuance of building permits. Santa Clara Valley Water District The northern property line of the site is adjacent to the flood channel along Highway 280, which is managed by the Santa Clara Valley Water District. The District has done a preliminary review of the project and recommended that the Cherry trees along the northern property line be replaced with redwoods as mentioned in the discussion of the landscape plan. A condition of approval will require a letter of clearance from the District prior to issuance of building permits. Applications: U-2002-1 , EA-2002-23 Extended Stay America December 9, 2002 Page 7 Transient Occupancy Tax The proposed Extended Stay America hotel is geared towards clientele that may stay for long periods of time. Stays over 30 days are more characteristic of apartment dwellings and are not required to pay the City's Transient Occupancy Tax (TOT). Since this approval is granted for a hotel and not for an apartment building, a condition of approval will require a limitation on reservations to a maximum of 29 days. All occupancies shall be required to pay the City's transient occupancy tax. Environmental Review The Environmental Review Committee recornn~ended a Mitigated Negative Declaration with the 49 trees to be planted as mitigation for removal of 12 trees. ENCLOSURES Model Resolution for U-2002-11 Exhibit A: Summary of the Traffic Report prepared by Fehr and Peers, November 2002 Initial Study Recommendation of the Environmental Review Committee Plan set Submitted by: Aarti Shrivastava, Senior Planner Approved by: Steve Piasecki, Director of Community Development~t,~ G: \ Plan rti~tg \ PDREPORT\ pcUsereports \ U-2002-11.doc EXTENDED ¥ E March 26, 2003 The Honorable Mayor Chang And Members of the City Council C/O The City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 EXHIBIT A 2 6 2003 CUPERTINO CITY CLERK Re; Appeal of the City Council's Denial of ESA's application Nos. U-2002-11 and EA 2002-23 for a Use permit and Mitigated Negative Declaration Dear Honorable Mayor and City Council: This appeal is being flied based upon the City of Cupertino's Municipal Code which addresses the grounds needed for Reconsideration of a Denial. Specifically the reconsideration request addresses code sections 208.096 B-3, B-5 b and c. ESA believes that the City of Cupertino's City Council rendered a decision which was not supported by evidence presented during the hearing, any of the prior proceedings with other City agencies, nor did it decide based upon the facts, including supportive Tes[imony from City Staff, the Planning Director, the Economic Development Director and a unanimous 5 - 0 recommendation from its' own Planning comrmssion. In addition, ESA believes that the City made no finding of facts to support its' decision. Specific issues regarding this appeal include the following points. 1. The Building Massing and Height ESA has had numerous meetings and consultations with the City staff, the design review board, the City's own architectural consultant, Larry Cannon, and a study session with the Enviromnental Review Committee. Based upon these meetings, ESA has worked diligently and in good faith with all parties involved to satisfy their concerns. ESA has added a great deal of detail to the building including glass canopies, accentuating cornice brackets and columns, faux balconies, a sandstone finish on the first floor, public artwork, walking paths, sitting areas and lush, attractive landscaping. In fact, this particular ESA will be the standard setter for all ESA's on the west coast. In addition, ESA is now doing more work to develop enhanced presentation materials for the Council in order to further address the buildings' height and mass. Based upon the staff's report, the height of the proposed building falls ten feet below the maximum allowed under City regulations. The massing and height of the building is consistent with neighboring buildings and other hotels in Cupertino. The City Council disregarded, without making a finding of fact, the recommendation for approval from its' own staff, its' own architectural consultant and a unanimous vote of the Planning comnUssion. This rationale is inconsistent with all of the previous interactions ESA has had with the City. ESA.believes that three members of the City Council disregarded substantial facts and evidence and leapt to a very different emotional conclusion that was absent of sound rationale. 2. Transient Occupancy Tax and Competition An ESA hotel in the City of Cupertino could be expected to bring in annual tax revenue of between $275,000 to $300,000. This would be in addition to the money that hotel patrons would be spending at local restaurants and shops. Based upon ESA's research in the market, the money that ESA would bring into Cupertino would add additional funds to the City's TOT, not just slice up the existing tax dollars into smaller pieces. EXTENDED : StudioPLUS STAVAME.,C^ Cro slahd ESA's research with local companies has shown that the City of Cupertino has a great deal of demand for hotels that fit into our category. There are neither any extended stay hotels, nor hotels that offer rates of $105 per night in Cupertino. (Cypress $199/night, Courtyard $169/night, Hilton Garden $189/night and The Cupertino Inn at $145/night) Research from the hotel industry indicates that in most markets, typically 10% - 20% of the room nights are of the extended stay type. Between the Cypress, Cupertino Inn, Courtyard and Hilton Garden there are 663 rooms. That means that unmet extended stay room demand is currently going to adjoining cities with an ongoing demand for approximately 66 to 132 rooms (ESA's proposal is for 120 rooms). In addition, those seeking accommodations in the $100/night range must also travel to San Jose, Campbell, Sunnyvale or Santa Clara in order to find a suitable hotel room. This not only takes TOT away from Cupertino, but also gone is the money spent on restaurants and other shops in the City. These are important facts, as ifESA is approved, we will not split up current TOT dollars into smaller pieces, quite the opposite, we will keep business in town that currently must go elsewhere to find desired accommodations. ESA also believes that Cupertino's City Council's decision to deny ESA's application based upon the fact that the City ah'eady has "enough" hotel rooms will set a very dangerous precedent. Not only does the City's general plan allo~v for additional hotel rooms, the facts presented at the Council hearing on March 17th which proposed that the City had enough hotel rooms ~vere subjective at best, based upon one hotel's stated economic problems and not based upon facts, such as those provided above. We believe, as do many others who spoke at the March 17t~ meeting, that it should not be the Council's position to regulate competition. In what should rightly be a free market issue, a denial for ESA is a Land Use decision that sends a strong negative message to other potential developers. If you bring a proposed use to the City of Cupertino that is fully conforming and supported by the City Staff, architect, Economic Development Director and a unanimous Planning Commission, you may face the risk of a denial based upon subjective reasoning from the City Council. This decision also deprives the current lando~vner of the right to develop his property for a use that complies with all city planning policies, including the number of hotel rooms allocated for development in the City, and that which seeks not a single variance. This property has been vacant for many years. IfESA does not develop the site, it will likely sit vacant for a long time to come. Restaurant failure on the site has been demonstrated over the years, therefore the property does not appear to be a good location for that use. Office space vacancy is at an all time high, and another hotel user would likely think twice before spending the time, money, and resources to come before the City Council. ESA's proposal would provide the best use for the City, and allow the current owner a reasonable economic benefit. ESA believes that our hotel will be an asset to the City of Cupertino in many ways. We will provide significant TOT to the City. We will also be providing the City with a hotel that meets an unserved extended stay demand and helps address a void in the market for those who would prefer to stay in Cupertino who currently have no choice but to go to neighboring cities. In addit/on, we believe that the architecture, landscaping, public art, public seating areas and overall design of the hotel will provide the City with an am'active and deskable use at this location. We are asking the City Council of Cupertino to reconsider its' denial decision of March 17th and approve this hotel project. Sincerely, · :,.- Extended Stay America CC: J.R. Rodine Mike DelMonaco Mark Buma - Chamber of Commerce President CU?Ef TINO Office of the City Attorney 10320 S. DeAnza Blvd., #1D Cupertino, CA 95014 Ph: (408) 777-3403 Fax: (408) 777-3401 EXHIBIT B Charles T. Kilian City Attorney Eileen Murray Assistant City Attorney May 5, 2003 Honorable Mayor and Members of the City Council City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 Re: Request for Reconsideration of the City Council's Denial of Application U-2002-11 EA-2002-23 (Freiheit & Ho Architects/ Extended Stay America - ~0745 N. De Anza Boulevard) Dear Mayor and City Council: .On March 17, 2003, the City Council by a 3-2 vote denied the above described application seeking a conditional use permit for the construction of a 120-room hotel on a 1.37 acre site located at 10745 N. De Anza Boulevard. On March 26, 2003, the applicant, pursuant to Section 2.08.096 of the City's Ordinance Code, filed a petition for reconsideration before the City Council. The petition will be heard at the City Council meeting of May 5, 2003. I have reviewed the minutes of both the Planning Commission and the City Council, as well as the staff packet of information and a verbatim transcript of the Council meeting of March 17. Two grounds for denial were stated by the City Council majority. The first ground, articulated by all three council members was that the design of the building was too massive and too high. It is my understanding that the applicant is in the process of submitting new design drawings which may address this issue. Should the applicant submit a new design plan, the council would be free either to consider it on May 5, or return it to the Planning Commission for further study and recommendation. The Honorable Mayor and Members of the City Council April 18, 2003 Page 2 The second .~und articulated by Councilmember Lowenthal, and echoed by CouncilmembeF~wok, was that Cupertino did not need any more hotel rooms and that the Council needs to "support... our current retail.., our current employees." The applicant raises three grounds as to why reconsideration should be granted: 1) The City Council proceeded in excess of its jurisdiction. Ord. Code § 2.08.096B [3]. 2) The City Council abused its discretion by rendering a decision which is not supported by findings of fact. Ord. Code § 2.08.096B [5]b. 3) The City Council abused its discretion by rendering a decision in which the findings of fact were not supported by the evidence. Ord. Code § 2.08.096B [5]c. City of Cupertino Ordinance Code § 19.124.070 provides that the decision maker (in this case the City Council) may grant a conditional use permit only if both of the following finds are made: 1) The proposed use, at the proposed location, will not be detrimental or injurious to the property or improvements in the vicinity, and will not be detrimental to the public, health, safety, general welfare, or convenience; and 2) The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purposes of the zoning law. Hence, if the City Council finds, by competent evidence, that the application violated either finding one or two, the City Council must deny the application. The consideration of the City Council as to whether to grant or deny a conditional use permit is "quasi-judicial" in nature. Unlike general plan amendments, zoning ordinances, or other laws of general application, the council's inquiry in the conditional use permit context is strictly limited to consideration of the above-described grounds for granting or denial. Neither the City Council nor the planning commission is free to insert additional grounds for granting or denial on an ad hoc basis. The Honorable Mayor and Members of the City Council April 18, 2003 Page 3 The first ground supporting denial (i.e. the design of the building is too massive and too high) is a common and justifiable ground for denying the permit. Hence, the City Council would not be acting in excess of its jurisdiction in denying the application on this ground. Furthermore, it is my view that such a finding would support the decision and would not be an abuse of discretion on that basis. As indicated above, however, if the applicant is submitting a new design which addresses massiveness and height in a way which is satisfactory to a majority of the City Council, then the permit could not be denied on that ground. The second ground supporting denial (i.e. support of existing business) is more problematical from a legal point of view. Although, the City's ordinance allows for denial of a conditional use permit on the basis that it would be "detrimental to the public health, safety, general welfare, or convenience," a city's land use decision which is intended to regulate or restrict business competition is generally held to be void. A long series of court decisions have held that it is not the proper function of a zoning ordinance or decision to restrict competition or to protect an enterprise which is already operating. Ensi,qn Bickford Realty Corp. v. City of Livermore 68 Cal. App. 3d 467; 137 Cal. Rpts 304 (1977), Van Sicklen v. Browne 15 Cal. App. 3d 122; 92 Cal. Rpts. 786 (1971); Wilkins v. City of San Bernardino 29 Cal.2d 332 (1946); Pacific P. Assn. v. Huntin,qton Beach 196 Cal. 211 (1925); Bernstein v. Smutz 83 Cal. App. 2d 108 (1947); City of Miami v. Woolin 387 F2d 893. Despite the principle that cities may not directly restrict competition under the guise of the zoning power, it must be recognized that land use and planning decisions must necessarily have some impact on the economy of the community. In Van Sicklen v. Browne (supra), a conditional use permit was held to have been properly denied on the ground, that: "approval would create a further proliferation of this type of land use in a neighborhood already adequately served by service stations.' The court concluded that: Although cities may not use zoning powers to regulate economic competition, it is also recognized that land use and planning decisions cannot be made in a community without some impact on the economy of the community. The Honorable Mayor and Members of the City Council April 18, 2003 Page 4 Today, economic and aesthetic considerations together constitute the nearly inseparable warp and woof of the fabric upon which a modern city must design its future. Taking cognizance of this concept we perceive that planning and zoning ordinances traditionally seek to maintain property values, protect tax revenues, provide neighborhood social and economic stability, attract business and industry and encourage conditions which make a community a pleasant place to live and work. Whether these be classified as "planning considerations" or "economic considerations," we hold that so Ion.q as the primary purpose of the zoning ordinance is not to re.qulate economic. competition, but to subserve a valid objective pursuant to a city's police powers, such ordinance is not invalid even though it might have an indirect impact on economic competition. 15 Cal. App. 3d at 127,128. Likewise, in the more recent use of Friends of Davis v. City of Davis 83 Cal. App. 4th 1004, 100 Cal. Rpts. 2d 413 (2000), the Court of Appeals opined that: , "While a city has broad authority over regulations of land use within its territory, that authority is not unlimited. Where certain uses are permitted, a city cannot arbitrarily exctude others who would employ a similar use. Zoning and building laws "cannot be used unqualifiedly to restrict competition or simply to shield existing businesses from competition. {citations omitted] 83 Cal. App. 4 at p. 1013. Hence, a proposed finding which purports to justify the denial of the instant use permit based upon the protection of existing businesses from outside competition, would likely be determined by a court as an improper finding beyond the jurisdiction of the city. This would be true especially if the first finding regarding the design of the proposed development was ameliorated by a new, more acceptable plan. In addition, a finding based upon the supposition that "there are too many hotels in Cupertino" would be even more suspect, since the city's general plan allows for up to 1,000 hotel rooms within the city and the instant application is well within the general plan limit. · If the City Council wishes to consider a general plan amendment which would further reduce the number of hotel rooms within the city based upon legitimate planning issues, then it should simply issue direction to staff to start the process. In addition, if by 4/5ths vote the City Council wishes, through the The Honorable Mayor and Members of the City Council April 18, 2003 Page 5 use of a interim zoning ordinance (moratorium), to suspend temporarily the Construction of more hotel rooms, it may issue direction to staff to prepare such an ordinance to be presented at the next Council meeting. In summary, our office recommends that any proposed finding which utilizes economic protection of existing business as a basis for denial be deleted and dispensed with and that the application be considered in light of the various other issues which were discussed by the City Council. After the hearing on the application is concluded, if the City Council wishes to address the issue of whether the General Plan limit of 1,000 rooms should be modified, it should direct staff to include the issue in the General Plan process. If the City Council wishes to consider imposing a temporary moratorium on new hotels until the General Plan issue is resolved, it should direct staff to prepare such an ordinance to be presented at a subsequent City Council meeting. I will be happy to answer questions regarding this issue at the next City Council meeting. Sincerely, CTK/d~ cc: Dave Knapp Steve Piasecki City Clerk Charles T. Kilian City Attorney May 14, 2003 Mr. Dave Knapp .City Manager City. of Cupertino · 10300 TOrre Avenue Cupertino, CA 95014-3255 EXHIBIT C VIA FACSIMILE: Re: Request to Reschedule Public Hearing - Extended Stay America (U-2002-1 t and: EA-2002-23) Dear Mr. Knapp: in follow up to our meeting of yesterday, this letter sets forth Extended Stay America's request to reschedule the dty council's reconsideration headng of ils March 17~ denial action to the agenda of June 2r~. The petition for reconsideration was filed on March 26~. Accordingly, ESA understands this request to move the item from the May 19~ to the June 2"~ agenda exceeds the period of 60 days established to conduct the reconsideration headng pursuant to municipal ordinance code section 2.08.096. ESA herein waives its dght to the canduct of a public reconsideration hea,-ing within the statutory 60 days as set forth in the referenced municipal code section. Further, re. scheduling will allow Extended Stay America's project team additional time ~ continue production of a rendering and other graphic materials that individual council members have requested. Please furnish a response to this request at your earliest convenience. Thank you in advance for your consideration. Respectfully yours, · J. R...ROdine . CC: Steve- Pieters - Extended Stay America Mr. Michael Del Monaco - Property Owner Mr..Kevin Chow - Freiheit & Ho Architects TDTRL P. 02 j. 1L RODINE GOVERNMENTAl.. AFFAIRS CONSULTANT L~nd Use permit Stmami~ning D~velopment Team Management 3148 Marble Ridge Cour~ TEJ_ (775) 853-(3459, FAX (775) 85,3-C~ E-maD: J.r. mdirte~wvod d ne~ att, n~ Fax Transmittal To: Dave Knapp Date: May 14, 2003 Company: City of Cuperano Fa~c (408) 777-3366 CC: Steve Pietem, Mike Del Monaco, Kevin Chow Pages: 2 Re: Extended Stay America - Request to Re. schedule Public Hearing Remarks: Dave: The accompanying letter formali=es my oral request to resc~edule the public hearing presented in yesterday's meeting. Thank you foryour past and futura courtesies. M~Y 1 3.2003 EXTENDED STAYAMERICA EFFICIENCY STUDIOS ESA MANAO_.~NT, INO. RE-DESIGN STIE PLANS (ALL OPTIONS) CITY OF CUPERTINO MAY 19, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA ARCHITECTS INC. P.S. EIT & HO CTS, INC., P.S. ESA Cupertino Re-design Summary As requested by Extended Stay America and the City Council of Cupertino we are submitting three options for the re-design of the proposed hotel on De Anza Blvd. This letter is intended to clarify and summarize the key points and differences between the three options. All three options keep the room count at 120 and provide sufficient parking for the hotel. Option A - reducing the height at the corners: This scheme leaves the majority of the original design intact and changes only the Fourth Floor. The rooms at the North, Northeast, and Southeast corners have been pulled away from edge of the building in an effort to reduce the mass that is presented on the North and East elevations. This option reduces the height ofthe building at the major focal points while attempting to keep a unified fagade to present to the street. Option B - eliminating room at Northeast corner: Very similar to Option Al, the only difference is the room in the Northeast corner has been deleted and moved down to the First Floor- keeping the room count at 120. With the reduced height at the Northeast comer, the most prominent fa(~ade is given greater variation and while reducing the apparent mass of the building. Option C - Varying roof heights: By eliminating the curved tower roof and varying the heights of the roofs at the protruding portions of the building the mass is broken down into smaller pieces and gives the illusion that the building is shorter than it actually is. At the request of one of the Council members, we have added canopies over some of the second and third floor windows in an effort to give more relief in the fagade. The elevation has become more coherent with the elimination of the curved roof, in addition, the height and look of the building relates to its immediate neighbor instead of trying to mimic the Apple building as before. N. P~ ANZA ~OOL~VAR~ / NO~-TH 5GALE: I/1~"= I'-0" .J o~11! I',-~-II, ) '/I // / / / / / / / / / / / lq. DE AN%A BOULEVARD I i I i' 16 ? i? NORTH SCALE: 1/16" = 1/-0" ,ISLABD A1.2 EXTENDED STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. RE-DESIGN OPTION A CITY OF CUPERTINO FEBRUARY 19, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA ARCHITECTS INC, P.S. E A S T E L E V A T [ 0 N OPTION A FREIHEIT & HO ARCHITECTSt INC.t P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA MAY 19, 2003 EXTENDED STAYAMERICA ESA MANAGEMENT, I~IG. N 0 R T H E L E V A T ] 0 N OPTION A FREIHEIT & HO ARCHITECTSI INC.,. P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA MAY 19, 2003 EXTENDED C/ STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, IN(:;. S 0 U T H E L E V A I 0 N OPTION A FREIHEIT & HO ARCHITECTS~ INC,t P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA MAY 19, 2003 EXTENDED ~ STAYAMERICA EFFIC i EIVCY 8 TUDI OS ESA MANAC~MENT, INC. [LEVATC~ LOBBY CABLE/ F I 0 NORTH R S P T T I 0 F L N 0 0 A R P L A N SECOND NORTH F L 0 0 R P L A N THIRD FLOOR P NORTH L A N A3.2 / FOURTH FL 0 P T I 0 N A NORTH 0 0 R PLAN EXTENDED STAYAMERICA EFFICIENCY STU ESA MANA~MENT, lNG. DIOS RE-DESIGN OPTION B CITY OF CUPERTINO FEBRUARY 19, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA ARCHITECTS INC. P.S. E A S T E L E V A T [ 0 N OPTION B FREIHEIT & HO ARCHITECTS~ INC.r P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA MAY 19, 2003 EXTENDED ~ STAYAMERICA ESA MANAGEMENT, INC. N 0 R T H E E V A T I 0 N OPTION B FREIHEIT & HO ARCHITECTS, INC.~ P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA MAY 19, 2003 EXTENDEDc'' STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. CORRID~ H $ FIR 0 P ~ORTH S T T I F 0 N L 0 B 0 R P L A N SECOND FLOOR P NORTH L A N THIRD FLOOR P NORTH L A N /? FOURTH FLO OPTION B NORTH 0 R P L A N EXTENDED STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. RE-DESIGN OPTION C CITY OF CUPERTINO FEBRUARY 19, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA FREIHEIT & HO ARCHITECTS INC. P.S. E A S T E L E V A T I 0 N OPTION C FREIHEIT & HO ARCHITECTS~ INC.~ P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA MAY 19, 2003 EXTENDED STAYAMERICA ESA MANAGENENT, INC. N 0 R T H E L E V A T I 0 N OPTION C FREIHEIT & HO ARCHITECTS,. INC.~ P.S. ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA MAY 19, 2003 EXTENDED C-" STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. G£T FIR 0 P S T T I F 0 N L 0 C R P L A N /? S E NORTH COND F L 0 0 R P L A N THIRD FLOOR P L A N _1 F 0 0 P NORTH U RT H T I 0 N F L C 0 R P L A N EXTENDED STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. CITY COUNCIL SUBMITTAL CITY OF CUPERTINO MARCH 17, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA ARCHITECTS IN(:. P.~. EAST ELEVATION SOUTH ELEVATION A2.0 W E S T E L E V A T I 0 N NORTH ELEVATION EXTENDED STAY AMERICA EFFICIENCY STUDIOS ESA#8961 - CUPERTINO, CALIFORNIA FREIHEIT & HO ARCHITECTS, INC., P.S EXTENDED STAY AMERICA t~FFICI~ NCY STUDIOS ~FREIHEIT & H,O. ESA#8961 - CUPERTINO, CALIFORNIA ~ll~f!~,q H ~L_~ c? ?% ,; :~ EXTENDED STAY AMERICA EFFICIENCY STUDIOS ESA#8961 - CUPERTINO, CALIFORNIA iFREIHEIT & HO EXTENDED STAY AMERICA EFFICIENCY STUDIOS ESA#8961 - CUPERTINO, CALIFORNIA FREIHEIT & HO EXTENDED STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. DESIGN REVIEW BOARD RE-SUBMITTAL CITY OF CUPERTINO FEBRUARY 19, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA FREIHEIT & HO ARCHITECTS INC. P.S. Copyright 20CO Freiheit & Ho Architects, Inc., P.S. J I I:~i!/!/~:~::1 I I:~1 I Irh" LU!}~ -UJ~ I1"-I1-t ~i!r~ EAST ELEVATION SOUTH ELEVATION A2.0 WES~ ELEVATION NORTH ELEVATION EXTENDED STAYAMERICA EFFICIENCY ST U ESA MANAGEMENT, INC. DIOS DESIGN REVIEW BOARD RE-SUBMITTAL CITY OF CUPERTINO NOVEMBER 19, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA ARCHITECTS INC. P.S. EAS~ ELEVA I 0 B SOUTH ELEVATIOB WEST ELEVATI08 OORTH ELEVATIO~ A2.1 EXTENDED STAYAMERICA EFFICIENCY STU ESA MANAGEMENT, INC. DIOS DESIGN REVIEW BOARD RE-SUBMITTAL CITY OF CUPERTINO OCTOBER 30, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA ARCHITECTS INC. P.S. EAST ELEVATIOB SOUTH ELEVATIOg A2.0 n n ~ -~~ ~lllll 'lIi~ lt~i ltl ' .ITl ITl 1TI ITl.,, [] !~ ~ i JJJ J~l JJJ~"JJJ JJJ ~ WEST ELEVATIOB BORTH ELEVATEOB A2. ! EXTENDED STAYAMERiCA EFFICIENCY STUDIOS ESA MANAGEMENT, INC. PRELIMINARY DESIGN .CITY OF CUPERTINO SEPTEMBER 12, 2003 10745 NORTH DeANZA BOULEVARD CUPERTINO, CALIFORNIA ARCHITECTS INC, P.S. 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NDED ~ STAYAMERICA NORTH ELEVATION ARCHITECTS,, INC.r p.s. REVISED NORTH ELEVATION ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA EXTENDED STAY,'~,/VlBUCA SOUTH ELEVATION FREIHEIT & HO ARCHITECTS,. INC.,, P.S. REVISED SOUTH ELEVATION ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA EXTENDED STAYAMERICA E A S T E L E V A T ! 0 N FREIHEIT & HO ARCHITECTSf INC.~, P.S. REVISED EAST ELEVATION ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA EXTENDED STAY AMERICA EXTENDED STAYAMERICA EFFICIENCY STUDIOS ESA MANAGEMENT, lNG. PRELIMINARY DESIGN CITY OF CUPERTINO JULY 03, 2003 10745 NORTH DeANZ. A BOULEVARD CUPERTINO, CALIFORNIA FREIHEIT & HO ARCHITECTS INC. P.S- EAST ELEVATION FREIHEIT & HO ARCHITECTS~ INC., ~.$. EAST ELEVATION ESA #8961 - DE ANZA BOULEVARD cUPERTINO, CALIFORNIA EXTENDED STAYAIvlERK:A WEST ELEVATION ARCHITECTSf INC.r P.S. WEST ELEVATION ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA EXTENDED STAY AMERICA SOUTH ELEVATION FREIHEIT & HO ARCHITECTSr IN C.~. SOUTH ELEVATION ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA EXTENDED STAY AM~CA NORTH ELEVATION FREIHEIT & HO ARCHITECTS~ INC.r P.S. NORTH ELEVATION ESA #8961 - DE ANZA BOULEVARD CUPERTINO, CALIFORNIA EXTENDED STAYAMERICA BI'PICIBNCY STUDIOS CUPER,.TINO_ City Hall, 10300 Torte Avenue Cupertino, CA 95014.-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK Agenda Item No. I'~ MEETING DATE: June 2, 2003 SUBJECT Consider objections to proposed removal of brush and order abatement of public nuisance (city-wide brush abatement) pursuant to provisions of Ordinance No. 724 and Resolution No. 03-081. BACKGROUND On May 5, 2003, Council adopted Resolution No. 03-081 setting a heating to consider any objections of property owners to the proposed removal of brush. After adoption of that resolution the Santa Clara County Fire Marshall's Office and the Cupertino City Clerk's Office sent notice of the abatement program and hearing to the property owners on the notification list. A copy of the notice is attached. STAFF RECOMMENDATION Note protest(s) and adopt Resolution No. 03- 105 ordering abatement of public nuisance (brush). Submitted by: Grace Johnson, Deputy City Clerk Approved for submission to the City Council: David W. Knapp, City Manager RESOLUTION NO. 03-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO PROVISIONS OF ORDINANCE NO. 724 AND RESOLUTION NO. 03-081 WHEREAS, the City Council has declared that the growth of brush upon the private properties as described in Resolution No. 03-081 to be a public nuisance; and WHEREAS, after due notice, a public hearing thereon was held at the regular meeting of the City Council on June 2, 2003; and WHEREAS, from the evidence presented, both oral and written, it appears to be in the best interests of the City to acquire jurisdiction over and abate said nuisance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Office of the Fire Marshal is hereby ordered to abate such nuisance or cause the same to be abated by having the brush referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by him; that all debris, whether in piles or scattered, be hauled away; 2. That the Fire Marshal and his deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon said private properties for the purpose of causing said public nuisance to be abated; and 3. That any affected property owners shall have the right to destroy or remove such brash or debris himself or herself or have the same destroyed or removed at his/her own expense provided that such destruction or removal shall have been completed prior to the anival of the Office of the Fire Marshal or his authorized representative to destroy or remove them. BE IT FURTHER RESOLVED: 1. That the Office of the Fire Marshal shall keep account of abating said nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk. 2. Said reports of costs, hearing and collection procedures involved shall be provided as stated in Ordinance No. 724. Resolution No. 03-105 2 PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino on the 2nd day of June 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino lc/-3 SITUS 10611 10414 10437 10960 11103 11123 11032 SANTA MELISSA APN RD 342-17-095 CT 342-45-019 AVENIDA LN 342-45-044 MIRAMONTE RD 356-01-019 CANYON DR 356-28-029 CANYON DR 356-28-030 CANYON DR 356-28-037 Hazardous Vegetation Management Program 2003 Brush Abatement Program Commencement Report City of Cupertino OWNER ADDRESS SUSAN E. HUNTS 10611 SANTA LUCIA RD JOSEPH E. & CYNTHIA J. CARROLL 10414 MELISSA CT JACK T. CHAMBERLAIN DANIEL T. FORD GREGORY E. I~FFEN GEOFFREY H. SHERMAN NANCY F. RODGERS 611 VETERANS BLVD STE 10960 MIRAMONTE RD 11103 CANYON VISTA DR 11123 CANYON VISTA DR 11032 CANYON VISTA DR CITY/STATE ZIP CU I~EIKTINO CA 95014-3937 CUPERTINO CA 95014-2620 REDWOOD CITY CA 94063-1401 CUPERTINO CA 95014-3974 CUPERTINO CA 95014-5403 CUPERTINO CA 95014-5403 CUPERTINO CA 95014-5405 7 Records Santa Clara County Hazardous Vegetation Management Program Parle I CUPE INO City Hall 10300 Tone Avenue Cupertino, CA 95014-3255 (408) 777-3262 FAX: (408) 777-3366 PUBLIC INFORMATION OFFICE SUMMARY Agenda Item Date: June 2, 2003 Subject: Consider adopting a resolution in support of acquisition of open space by the Mid-Peninsula Regional Open Space District (MPROSD). Background: Councilmember Sandoval asked that staff report on the local issues related to proposed boundary extension of the Midpeninsula Regional Open Space District. In 1972, Cupertino joined the jurisdiction of the Midpeninsula Regional Open Space District. Since then, on behalf of Cupertino's constituents and others from throughout the region, the District has carded out its mission of preserving and protecting open space resources and providing for low-intensity recreational opportunities on public open space lands. During 1997 and 1998, the District received requests and petitions from individuals, organizations, and elected bodies (including the Half Moon Bay City Council and the Midcoast Community Council) asking for our participation in coastside open space and agricultural preservation and management. In a subsequent poll, 90% of San Mateo County respondents said that preservation of open space west of Skyline Boulevard was important. Other agencies have only limited capacity to provide agricultural conservation and open space management services, and have recognized the need for a local public organization to help provide these services. These factors indicated a great desire and need for the District's active participation in coastal preservation efforts. In order to promote continued agricultural activity, preserve and manage public open space lands; and provide for low-intensity recreational use of public open space lands, the District is working to extend its boundaries to encompass the San Mateo County coast from the southern border of the city of Pacifiea to the San Mateo/Santa Cruz County line. Over the next 15 years, the District anticipates it could, with existing funds, purchase or manage approximately 11,800 acres of land within the entire coastal annexation area. No taxation would accompany annexation. At this point, the District has prepared and circulated a draft environmental impact report (DEIR) as needed for its application to the San Mateo County Local Agency Formation Commission, and anticipates consideration of adoption ora formal application for annexation. The District is seeking support from its member cities for this process. As currently proposed, coastal annexation by the District would be subsidized by the District's current member organizations. Opponents oftbe expansion argue that coastal annexation will divert resources from directly serving cities that are paying into the Dislrict. Supporters of coastal annexation argue that the District is in the best position to protect public access to the coast and that the District's current paying members are directly benefited by coastal access. Recommendation: The City Council consider adopting the attached resolution in support of the Mid-Peninsula Regional Open Space District's proposed expansion. Public Information Officer Approved for submission: David W. Knapp City Manager RESOLUTION NO. 03-106 DRAFT RESOLUTION OF THE CITY COUNCIL OF CUPERTINO SUPPORTING AND ENDORSING THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT'S PROPOSED EXTENSION OF ITS BOUNDARIES TO THE SAN MATEO COUNTY COAST TO PRESERVE OPEN SPACE AND AGRICULTURAL LANDS WHEREAS, the Mid-peninsula Regional Open Space District is a special district formed in northwestern Santa Clara County in1972 (and extended to southern San Mateo County in1976) for the purpose of preserving and managing open space lands within its jurisdiction on the San Francisco peninsula; and WHEREAS, existing public benefits of the District's services include protecting nearly 50,000 acres of our nearby open space lands, providing for low-intensity public recreational use on approximately 220 miles of trails within 26 open space preserves, permanently protecting local streams and watersheds, and preserving the sensitive habitats of a variety of species of endangered plants and animals, maintaining historic structures and facilities on the land, preserving existing agricultural uses, and providing an environmental education program and volunteer opportunities; and WHEREAS, the City of Cupertino is within the jurisdiction of the District, and its constituents have reaped the priceless benefits provided by the District, many utilizing the lands for recreational purposes, others enjoying the unspoiled scenic backdrop provided by District lands, and all secure in the knowledge that these unspoiled open space lands are permanently preserved for their children, and the generations beyond; and WHEREAS, in the late 1990s, the District received requests and petitions from individuals, organizations, and elected bodies (including the Half Moon Bay City Council and the Midcoast Community Council) asking for its services in the preservation and management of open space lands, beyond its current boundaries west of Skyline Boulevard, and including the natural treasure that is the San Mateo County coastline, and in a subsequent public opinion poll by the District, approximately 90o/el-"Dfthe respondents said that preservation of open space west of Skyline Boulevard was important; and WHEREAS, the 1998 Coastside Subregional Planning Study conducted by the County of San Mateo, the cities of Pacifica and Half Moon Bay, the Midcoast Community Council and sponsored by the Association of Bay Area Governments indicated the need for regional open space preservation and management services in this area, concluded that District boundary expansion was one of the most promising attempts in a decade to meet this need; and WHEREAS, public agencies, land trusts, and other non-profit entities, some of which currently own open space lands west of Skyline Boulevard and on the San Mateo County coast, have indicated a great need for District services in providing for additional open space preservation and in providing experienced, long-term stewardship and management for those open space lands, especially in light of current budget constraints at the federal, state and county level which restrict other government agencies' ability to provide these services; and WHEREAS, in response to these requests and this need, the District is considering extending its boundaries so that it may provide services to preserve and manage open space lands west of Skyline Boulevard, preserve agricultural lands on the coast, preserve the rural character of t~e~olut~onk~o. O~-lOg ~ the coastal region, provide land management services for other land-owning agencies, enhance fire protection and public safety through the increased presence of its highly skilled field staff, and offer the public further opporttmities for ecologically-sensitive recreational uses and environmental education; and WHEREAS, through this proposed annexation of the coastside, the District will greatly enhance the protection of the pristine, "world-class" natural beauty, open spaces and agriculture of the San Mateo County coast, from the southern boundary of Pacifica to the Santa Cruz/San Mateo County Line and from Skyline to the sea, one of the last remaining unspoiled coastlines so near to one of the world's major urban areas; and WHEREAS, the District's annexation proposal envisions purchasing (from willing sellers only, and often through acquiring conservation or agricultural easements) and/or managing up to 11,800 acres of pristine public open space and continuing-use agricultural land, over the next 15 years, thereby allowing orderly development, yet preventing urban sprawl; and WHEREAS, if successful, the District's efforts will provide for the people of the City of Cupertino and for the entire region expanded opportunities for public access on the coastside, increased resources for maintaining the physical and economic integrity of Coastal agricultural lands, elected representation for the coastside area on the District's board of directors, enhanced community programs in environmental education and open space volunteerism; and WHEREAS, such an extension would have no financial impact on the City of Cupertino, would have insignificant financial effect on other government agencies or services within the proposed annexation area, and would not change any land use designations or land use control, as the District does not have any regulatory or zoning authority, but would offer the District, on behalf of the public, the opportunity to contribute its services to open space and agricultural preservation and long-term stewardship efforts, subject to all local, state, and federal land use regulations and in compliance with all city and San Mateo County General and Coastal Plans; and will be the most efficient and effective way to provide these needed services; and WHEREAS, over the 30 years since its inception, the District has proved itself to be a good neighbor, an excellent steward of open space land on behalf of the public, a solid and fiscally conservative manager of public funds, and an organization very sensitive and responsive to the community's needs and desires, through a great deal of solicitation and consideration of public input into the planning and management decisions made by its board of directors, NOW, THEREFORE, BE IT RESOLVED for the reasons stated above that the City Council of Cupertino does hereby endorse and support the extension by the Midpeninsula Regional Open Space District of its boundaries to include lands west of Skyline Boulevard from the southerly limits of the City of Pacifica to the San Mateo/Santa Cruz County line. BE IT FURTHER RESOLVED that the City Council of Cupertino does hereby urge the Board of Directors of the Midpeninsula Regional Open Space District to file an application for the annexation of all of this territory with the San Mateo County Local Agency Formation Commission. BE IT FURTHER RESOLVED that the City Council of Cupertino does hereby urge, if such an application is submitted, that the San Mateo County Local Agency Formation Commission approve the application of the Midpeninsula Regional Open Space District for the extension of its boundaries to include all of the territory west of Skyline Boulevard fi'om the southerly limits of the City of Pacifica to the San Mateo/Santa Cruz County Line. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 2nd day of June 2003, by the following vote: Vote Members of the City Council AYE S: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino Regional Open Space May 9, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Michael Chang Mayor, City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Dear Mayor Chang: In 1972, Cupertino joined the jurisdiction of the Midpeninsula Regional Open Space District. Since then, on behalf of Cupertino's constituents and others from throughout the region, the District has carried out its mission of preserving and protecting open space resources and providing for low-intensity recreational opportunities on public open space lands. As a city within the boundaries of the District, your constituents are enjoying the benefits of nearly 50,000 acres of open space lands and 220 miles of public trails provided by the District since its inception over 30 years ago. Today, the District is embarking on a new and exciting undertaking as it proposes to extend its boundaries to include a portion of the natural treasure that is the San Mateo County coast. I am writing to ask for your help in the form of a resolution from your City Council in support of the District's proposal. During 1997 and 1998, the District received requests and petitions from individuals, organizations, and elected bodies (including the Half Moon Bay City Council and the Midcoast Community Council) asking for our participation in coastside open space and agricultural preservation and management. In a subsequent poll, 90% of San Mateo County respondents said that preservation of open space west of Skyline Boulevard was important. Other agencies have only limited capacity to provide agricultural conservation and open space management services, and have recognized the need for a local public organization to help provide these services. These factors indicated a great desire and need for the District's active participation in coastal preservation efforts. In order to promote continued agricultural activity, preserve and manage public open space lands, and provide for low-intensity recreational use of public open space lands, the District is working to extend its boundaries to encompass the San Mateo County coast from the southern border of the City of Pacifica to the San Mateo/Santa Cruz County line. If successful, over the next 15 years we expect to purchase (from willing sellers only, and often through acquiring easements) and/or manage up to 11,800 acres of pristine open space and continuing-use agricultural land. For your further information, I have enclosed a copy of our "Answers to Frequently Asked Questions" brochure about the annexation effort. At this point, we have prepared and circulated a draft environmental impact report (DEIR) as needed for our application to the San Mateo County Local Agency Formation Commission, and anticipate soon considering adoption of a formal application for annexation. As we move to the next stages of this process, the support of cities within the District is important. Accordingly, I am asking that you place a resolution of support (sample enclosed) on your next available agenda in May for Council adoption. A District representative would be happy to meet with you in advance of that to answer any questions you may have, and of course a District Board member and/or staff member will attend the Council meeting to respond in the event any questions arise. 330 Diste] Circle · Los Altos, CA 94022-1404 · Phone: 650-691-1200 Fax: 650-691-0485 · E-mail: mrosd@openspace.org · Web site: www.openspace.org l~r~ ~I~~' / 5/2/2003 Page 2 This proposed program, while relatively modest, will have a significant positive impact on the quality of life for our constituents, especially in these unprecedented economic times when people are even more interested in looking close to home for their outdoor recreation, and in preserving the bounty of our natural resources in the nearby mountains and on the coast. Further, such an extension of the District's boundaries would not change any land use designations or land use control, as the District does not have any regulatory or zoning authority, would not have any financial effect your agency. I believe the people of Cupertino will appreciate and applaud your Council's decision to support the District's proposal - it's clearly a win-win opportunity. The District General Manager and I are available to discuss any procedural or substantive questions you or your staffmay have, and to schedule a meeting if you deem it desirable. Of course, we would welcome a call from you if you'd like to talk about any element of this proposal; please contact our General Manager, Craig Britton, at (650) 691-1200. In the meantime, I hope that you will have the opportunity to reflect on the very real need of our mutual constituents for preservation and management of public open space west of Skyline Boulevard, and protection of continuing agricultural activities on the San Mateo Coast. I'm sure you'll agree that an extension of the District's boundaries and responsibilities is the optimal way to meet these needs of our region. Sincerely, Nonette Hanko President, Board of Directors CCl MROSD, Board of Directors David Knapp, Cupertino City Manager Coastal FAQ Page 1 of 2 Frequently Asked Questions about the San Mateo County Coast Annexation Process Q. What is meant by Coastal Annexation? A. The coastal annexation plan proposed by the Open Space District extends the District's service boundary westward to include an area of 220 square miles, serving approximately 40,000 San Mateo coastside constituents. The new boundary would extend from the southern border of Pacifica to the San Mateo/Santa Cruz County line. Extension of this boundary, if approved, would immediately extend elected representation to coastside residents and ensure public participation in the development of specific, District coastside policies. Any future projects, including purchase of easements or property rights from willing sellers, land management services, resource restoration, and community programs would be evaluated by the elected Board, with full public participation. Q. Why is the District applying to extend its boundaries to include the San Mateo coastal area? A. In 1997 and 1998, the District received requests and petitions from individuals, organizations, and elected bodies (including the Half Moon Bay City Council and the Midcoast Community Council) to join local efforts by providing locally-based open space and agricultural preservation and management services on the coastside. In a subsequent poll, 90% of all San Mateo County residents contacted indicated that preservation of open space from Skyline to the coast was important. The San Mateo coast is a national treasure of great regional pride and interest. It is likely that lands purchased for preservation by other agencies and organizations in the coastal area will need management services. Other agencies have indicated they do not have the capacity to provide stewardship. The District can provide locally-based, long-term stewardship of some of these lands and offer easement opportunities to willing sellers for agricultural lands. Q. How many acres might the District eventually preserve and manage in the Coastal annexation area ? A. Over the next 15 years, the District anticipates it could, with existing funds, purchase or manage approximately 11,800 acres of land within the entire Coastal Annexation Area. The District estimates that 80% of the land to be acquired is likely to be purchased from other agencies or organizations. O. What would be the benefits of the District's Coastal Program? A. The benefits of the District's Coastal Program would be... . Agricultural easements to promote viability of the agricultural & rural coastside heritage; · Experienced staff, providing for the planning, maintenance, and resource management needs of public open space lands; · 24-hour, radio-dispatched rangers and staff, trained in law enforcement, wildland fire suppression, and first-aid; · Low-intensity recreational opportunities-regional trail links, such as Skyline-to-the-Sea; · Minimal facilities (restrooms and information kiosks) and "light footprint" staging areas; · Enhanced community programs-environmental education and volunteer opportunities; · A neighborly approach and partnership opportunities to address local land and resource management issues; minimization of flood erosion, landslide, and wildland fire hazards; · Responsive, elected Board representation; dedicated staffto respond to public requests; · Enjoyment of coastal rural character, scenic beauty, and local agricultural produce for generations to come. Q. Will the District use the power of eminent domain to acquire coastside land? A. No. Acquisition of property or conservation easements would be from willing sellers only. Based upon http://www.openspace.org/coastside/coastal_faq.htm 5/27/03 [ ~'~ Coastal FAQ Page 2 of 2 comments received from the public during over 25 workshops and meetings in the coastal area, the District Board unanimously agreed over a year ago to direct staff to proceed to develop policies to give up eminent domain in the Annexation area. This policy is reinforced by several mechanisms: by inclusion as a permanent policy in the Coastal Service Plan, as a mitigation measure in the Environmental Impact Report, as a proposed ordinance, and to be included as a condition of annexation in any application to the Local Agency Formation Commission. O. How will the coastside residents be represented on the District's elected Board of Directors? A. The District has 7 elected Board members, which is the maximum permitted by state law. Upon approval of annexation, the District would determine, with the input of coastside residents, how to modify the existing ward boundaries to ensure coastside representation. One to four wards could be extended to include coastal constituents. Once annexation is completed, coastsiders could run for Board seats. Q. How will management of coastal lands and provision of agricultural easements be funded? A. No taxation would accompany annexation. The District's prroposed program to preserve, manage, and offer easement acquisition from willing sellers would be accomplished with existing District funds. If the District were to seek additional tax revenue in the future, it would do so according to state law. (State law currently requires that a 2/3 majority of voters approve assessment for any new taxation.) Q. What authority will the District have on the coastside, if the annexation is successful? A. The District has no regulatory power over how other individuals or agencies use or manage their property. The District is another landowner, subject to all local, state, and federal land use regulations. In fact, as a public agency and good neighbor, the District considers public input, invites more influence from its neighbors, and confronts the same permit issues as private property owners. http://www.openspace.org/coastside/coastal_faq.htm 5/27/03 CITY OF CUPE INO City of Cupertino 10300 Torte Avenue Cupertino, CA 95014 k~uo) z z z -oouo FAX (408) 777-3333 Community Development Department SUMMARY Agenda Item No. f, ~ Agenda Date: Tune 2, 2003 Application: Reconsider composition of the General Plan Task Force RECOMMENDATION: Staff recommends that the City Council: 1. Allow non-residents to fill the categories of Chamber of Commerce, Education, Sheriff Department and Fire Department and extend the filing deadline until June 13 for these categories 2. Eliminate the library category 3. Schedule two interview dates to select Task Force members BACKGROUND: The City Council authorized the formation of a 69-person General Plan Task Force to provide more opportunity for community involvement prior to releasing the public hearing draft of the General Plan. Applications for the Task Force were published and mailed, and a deadline of June 6 was set for submitting the applications (see enclosed application, Exhibit A). To date, 80 applications have been received. The Cupertino Chamber of Commerce submitted a letter to the City Council requesting that their nominations not be restricted to Cupertino residents since a large majority of Cupertino business owners and chamber board members do not reside in Cupertino (Exhibit B). As an information item, additional background material is provided on the May 20 community meeting held at De Anza College (Exhibit C). Approximately 40 people attended, and they addressed the question of what they would like the Task Force to focus on. Comments were received from three separate sources: speakers at the beginning of the meeting (the "fish bowl"), table groups and individuals. All the comments are enclosed. General Plan Task Force June 2, 2003 Page 2 DISCUSSION: Task Force Composition When the City Council previously discussed the residency requirement, there was agreement to revisit that requirement if it posed difficulty in certain categories. Staff believes it could pose difficulty in these categories: 1. Chamber of Commerce 2. Education 3. Sheriff Department 4. Fire Department The following applications have been received. At the time of packet preparation, staff believes that all of these applicants are Cupertino residents, so evidently these agencies found residents to represent them. Education: Cupertino Union School District (1) Fremont Union High School District (1) Fire Department (2) Sheriff's Department (1) Staff recommends that the categories one through four listed above be given the opportunity to appoint non-residents, and that the filing deadline for these categories be extended until June 13. Staff will check with categories two through four to determine if they would like to change their selections as a result of lifting the residency requirement. The Library Commission will not be nominating a Task Force member; no one was available to attend meetings. Staff recornmends eliminating this category. Selection Procedure Staff requests that the City Council set two dates for Task Force interviews. The dates should be as soon as possible, because the first Task Force meeting is tentatively scheduled for July 9. (Subsequent meetings are tentatively scheduled on Wednesday evenings in July and August, concluding in September.) Assuming that the Council would like to interview each applicant, two interview meetings would be needed. Each meeting might be as long as 21/2 hours. Enclosures: Exhibit A - Task Force Application Exhibit B - Chamber of Commerce letter dated April 24, 2003 Exhibit C - Comments from May 20, 2003 Community meeting General Plan Task Force June 2, 2003 Page 3 Prepared by: Ciddy Wordell, City Planner Director of Community Development David W. Knapp City Manager EXHIBIT A CUPERTINO GENERAL PLAN TASK FORCE You are invited to apply to serve on the Cupertino General Plan Task Force. The Cupertino City Council will select 69 residents for the Task Force: 54 will be selected from the 28 categories on the application below and 15 will be selected by the Council members (3 each). Applicants will need to be available during the summer.. Task Force meetings are tentatively scheduled for weekday evenings in June through September, except for field trips, which will be during the day.. The Task Force will meet in small groups to discuss and make recommendations on key issues identified in the draft General Plan. The administrative draft of the General Plan has already been released, and the City Council determined that there should be more community participation in reviewing it prior to public hearings in the late fall. A community meeting to describe the Task Force process is scheduled for Tuesday, May 20, ZOO - 9:00 P.M., De Anza College, Room A & B. This is an opportunity for the whole community to provide comments prior to the Task Force meetings. Please contact Ciddy Wordell, City Planner, 408 777-3236 or cynthiaw@cupertino.org if you have any questions. Please cut & mail the application card below. Must be received by 5:30 P.M., June 6, 2003 General Categories: CUPERTINO GENERAL PLAN TASK FORCE · Educator (6 total) ~2 Foothill-De Anza (1) Community Development Department, 10300 Torte Avenue Cupertino CA 95014 I am a Cupertino resident and am applying to serve on the Task Force representing the following category Ichoose one category, that fits you best from the entire list): (Number indicates hozo many people will be selected in each category.) Resident of one of the following sectors of Cupertino: Northwest: north of Stevens Creek Boulevard, west of De A_nza Boulevard (4) [] Northeast: north of Stevens Creek Boulevard, east of De Anza Boulevard (4) [] Southwest: south of Stevens Creek Boulevard, west of De A~za Boulevard (4) [] Southeast: south of Stevens Creek Boulevard east of De A_nza Boulevard (4) Name Phone Address Email address ~ CUSD (1) [] At large (3) ~ ~OHSV O) [] Employee/High tach Headquarters (2) [] Chamber of Commerce (2) [] League of Women Voters (2) Environmental Group (nominated by) (2) Major retail property representative (2) Major office property representative (2) Retail/office developer (2) [] Residential developer (2) Senior (2) [] Teen Commission (1) [] Housing Commission (1) [] Bicycle Pedestrian Commission (1) [] Fine Arts Commission (1) Library Commission (l) Parks & Recreation Commission (1) Public Safety Commission (1) [] Telecommunications Commission (1) [] Renter (4) [] Sheriff department (1) [] Fire Department (1) [] City Council appointees at large (15) * * Applicants not appointed from the above categories will be eligible for appointment in this category. EXHIBIT B ( upertino ( hamber of ( ommerce Your Partner in Silicon Valley Dr. Michael Chang, Mayor City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: General Plan Public Participation Process Dear Michael: On behalf of the Cupertino Chamber of Commerce, I am responding to the decision of the City Council at its meeting on Monday, April 21, to limit the participation on the General Plan Task Force to only Cupertino residents. While the Board appreciates the allocation of two representatives from the Chamber, we are confronted with a major dilemma in that a large majority of Cupertino business owners and chamber board members do not reside in Cupertino. We therefore request your reconsideration of this decision for the following reasons: (1) Successful businesses reside here for decades, and many have survived far longer than some recent mayors. (2) Businesses make a major investment in Cupertino through their property holdings, support of jobs, patronizing of local businesses, etc. (3) Businesses, whether or not they are owned by a Cupertino resident, are very concerned about the quality of life of the community where they are located just as much as residents, because locations in good communities help in employee retention. (4) Businesses are the economic drivers for sales and transient occupancy tax revenues that generate critical General Fund support that subsidizes public safety officers, community facilities (e.g. the Quinlan Center, the Senior Center, the Sports Center, etc.), and parks and recreation that are enjoyed by all Cupertino residents. (5) Businesses are key stakeholders in the community, whether or not their ownership resides here. The owners of most major businesses do not reside in Cupertino: Anderson Chevrolet, The Shane Company, the Target Corporation, Whole Foods, etc. (6) An employee who resides in Cupertino is not necessarily the expert on their company's issues, and therefore may not the best representative on the task force. www. cupertino-chamberor§ · info~cupertino-chambe~org 20455 SilveradoAvenue · Cupertino, CA 95014 · (4081 252-7054 · FAX/408) 252-0638 Dr. Michael Chang April 24, 2003 Page Two (7) If the task force completes its work without accurate business input, then the plan may misrepresent business needs and further public input will be generated after the fact, which may needlessly extend the process. It was mentioned that public safety officers may not live in Cupertino but should be part of the public participation process. We request that a special reconsideration should be made for the Chamber of Commeme and key businesses in Cupertino so that they may include their employees who are best informed to input on the general plan issues. We appreciate your consideration of our concerns and hope that you will be able to make special accommodations due to the above facts. It is our understanding that the purpose of this task force is to bring consensus on the new General Plan. By constraining the business community's participation, you may very well divide the community rather than bringing it together. We look forward to your response. Sincerely, JodyHansen ChiefExecutiveOfficer JH:st C~ Sandra James, Vice Mayor Patrick Kwok, City Council Member Richard Lowenthal, City Council Member Dolly Sandoval, City Council Member Dave Knapp, City Manager Steve Piasecki, Community Development Director EXHIBIT C General Plan Task Force Direction provided from May 20, 2003 Community Meeting I would like the Task Force to focus on .... Comments from the "Fish Bowl" at the beginning of the meetin~ Angela Chert, Planning Commissioner The Planning Commission would like the Task Force to focus on growth. Consider open space preservation. Discuss what kind of development we should have. Look at traffic, schools and services. Setbacks are important. Determine how the policies will be implemented. The Task Force recommendations should reflect the community's vision; reach out to the community to determine their vision. Dennis Whittaker, Concerned Citizens of Cupertino We would like the Task Force to focus on the quality of life in Cupertino and determine how we grow. We need affoidable housing. Heights should be capped at 36 feet with comfortable setbacks. We should be able to see the vistas. Residential growth should not be clustered/high density; it should not be like the Verona apartments. There should be no negative impacts on schools and traffic. Zack Kolev, Teen Commission The Task Force should focus on making Cupertino more teen friendly. Teens need interesting, positive things to do in Cupertino. Stress is an issue for teens; having more teen activities would be beneficial. Roberta Hollimon, League of Women Voters The Task Force should focus on providing affordable housing for low and middle income residents. Mark Burns, Chamber of Commerce The Task Force should focus on a moderate growth plan. Don't tie together commercial/office development with the requirement to provide housing. Concentrate residential development in residential only areas, not mixed-use. Housing could be a little higher density in certain areas. It's a square footage issue. Allow moderate retail growth and the opportunity for corporate expansion. G:plarming/genplan/task force/General Plan Task Force 5-20-03 General Plan Meeting May 20, 2003 Table Leader Remarks We would like the Task Force to focus on the following four main issues: Group 1 1. Lower Heights - 35 feet or lower measured from grading to peak of roof. No amendments or exceptions unless voted on by the people. 2. Transportation and lower speeds. Local loop system, no stopping in bike lanes. 3. Quality and assets. Accommodate resources without getting rid of assets. Sustainable community. 4. New stores - small and classy. Something to do. Group 2 1. Affordable housing 2. Public transportation to government centers and other points of interest. Local friendly walking/bicycling paths. 3. Long term density - constrain growth, distributed population density and not concentrated in specific areas. 4. Distributed residential, commercial and independent development. Keep teens in mind. Retail development & recreational dev. Group 3 1. Want citizens to use our city - shop Cupertino - want good restaurants and businesses. 2. Quality & safety of life. Better walkability - control red light runners. 3. Focus on our city remaining economically sound. 4. Affordable housing by reducing square footage. Group 4 1. Allow larger employers to mitigate commercial office development with reasonable compensation for impacts. 2. Work to enable school & public safety personnel who work in Cupertino to live in Cupertino. 3. Vision identity - need to agree. Are we a suburb that wants to stay small or grow, otherwise there is schizophrenic development. 4. Keeping community resources. Example: Open space accessibility, park and trail development. Group 5 1. Increase housing density in specific areas. Buyer assistant programs. 2. Traffic - reduce speed & volume of traffic, extend bike lanes, safe cross over on big intersections. 3. Provide services for teens: swimming pool. 4. Community for all age groups. G: \ Planning \ GenPlan \ Task Force \ Table Leader Comments 5-20-03.doc General Plan Meeting May 20, 2003 Individual Remarks I would like the Task Force to focus on: Lisa Giefer: · Quality of life in our city. This would include height density and the infrastructure, which supports our community. Other comments: Would love to participate. Danh Trang: Providing more teen programs and facilities during the development of Cupertino to prevent teens from doing "other" (bad) activities because they have nothing else to do in Cupertino. Other comments: Distribute retail and housing throughout the City rather than having a centralized cluster of retail that often becomes isolated to those on the outskirts of Cupertino or are unable to drive. Trudi Wallick-Horrocks: · Height of buildings. Keep them lower, also affordable housing. Also setback further away from street. Bob McKibbin: · Longterm density and its impact on Cupertino's way of life. Other comments: Reasonable growth based on a strong general plan and economic influence. Unknown: · Aesthetic appearance and quality of life with low moderate and maximum elevations of 36 feet. Other comments: Distribute growth near parks or buy property near high density for park improvements. Unknown: · Adding more restaurants and small shops. Turn Salch Way into s~rip of restaurants and boost Oaks Center Zack Kolev: · Making Cupertino better for teens and keeping teens in Cupertino. Other comments: Having small retail and recreation in small pockets in the community. Joanne Tong: Building height limitations - buildings should not be higher than 36' at the tallest part of the roof - N__~o height exceptions should be granted - have the community vote on requested height exceptions Other comments: Listen to the residents of Cupertino - Council and Commission members should vote according to the wishes of the residents and constituents, not how each council member feels about an issue. Ned Britt: · Limits on heights and density. Don't build high-density cluster. Other comments: Higher density is counter productive to biking, walking and quality schools. Nolan Chen: · Bringing in a bookstore and new retail for residents to shop and for bringing in new sales tax revenue. Steve Hill: · Subsidized housing for schoolteachers. Dennis Whittaker: Retaining the Crossroads (especially that block where Mervyns's to Starbucks is) as strictly only retail. Don't lose the only retail area that is virgin retail. Unknown: · Don't put high density at the Crossroads. Unknown: Resolving issues in the General Plan so the General Plan pleases the public - enhancing what attracted citizens to come here while updating our community "look" and design and function. Jody Hansen: · Moderate growth and balance of housing choices and commercial development. Other comments: I personally believe in the importance of trail development along the Stevens Creek Corridor to establish an enduring community legacy. Unknown: 1. Creating or helping to sustain a reasonably friendly environment for big and small businesses by (in part) NOT imposing new or additional burdens on existing businesses and development. 2. Enabling the folks who work in our schools and in our service agencies to live in Cupertino - without that, the quality of life will eventually, but inevitably deteriorate. Mahesh Nihalarti: Primarily retain quality and safety of life. Increase of city's revenues with moderate business growth and encourage Cupertino citizens to give and. And of course affordable housing for teachers. Penny Whittaker: · How we can accommodate our needs without destroying our assets. G: \ Planning \ GenPlan \ Task Force \ Individual Comments 5-20-03.doc DRAFT ORDINANCE NO. 1919 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REZONING SIX PARCELS TOTALING 12.368 GROSS ACRES PARCEL FROM P OR (PLANNED DEVELOPMENT WITH OFFICE, PROTOTYPE RESEARCH AND INCIDENTAL COMMERCIAL USES) P (OP) OR PLANNED DEVELOPMENT (PROFESSIONAL OFFICE) TO P(COM, OFF, RES) OR PLANNED DEVELOPMENT (COMMERCIAL, OFFICE AND RESIDENTIAL) WHEREAS, an application was received by the City (Application no. Z-2002-02) for the rezoning of properties to P(Com, Off, Res); and WHEREAS, the rezoning is consistent with the City's general plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the rezoning be granted; and WHEREAS, a map of the subject property is attached hereto as Exhibit A and Exhibit B as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibit A and Exhibit B is hereby rezoned to P(Com, Off, Res) or Planned Development (Commercial, Office, Residential); and that Exhibit A attached hereto is made part of the Master Zoning Map of the City of Cupertino. Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th day of May, 2003 and ENACTED at a regular adjourned meeting of the City Council of the City of Cupertino the 2nd day of June 2003, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino ,[I -- . ~- ~ ..... ~..~~~.~ ~ . I -~ ~ '"'" L ~ .... ! / ~ ~ ~ ~:'~1 ~ ~-~ / PACIFICA ~ j DRIVE EXHIBIT B CUPERTINO TOWN CENTER £~E~ALkDESCRI?TION PARCEL ONE: parcel map recorded Aug'/s= 9, 1974, measured perpendicularly from and at a right angle zo 9acifica Drive, ~xtending to Nor=her~ boundary of said Parcel 1, as granted by Pacific Bouthwest Realty Company to Charles J. Brooks, et al, by ins~ruemtn (Reciprocal Easement Agreement) recorded June 14, 1974 in Rook 0944, pa~e 582, Official Records. cuPeP nno City Hail 10300 Torte Avenue Cupertino, CA 95014-3255 (408) 777-3354 FAX (408) 777-33'%~ AGENDA ITEM PUBLIC WORKS DEPARTMENT Summary AGENDA DATE June 2~ 2003 SUBJECT AND ISSUE Monthly Status Report - Cupertino Civic Center and Library Project BACKGROUND Phase I Project Status The Phase I contract is now substantially complete. The final cost at project closeout is now estimated to be approximately $475,000. The site is now ready for the building contract phase. Phase li Project Status - Extension of Bid Opening/Contract Award The Phase II (Buildings and Plaza) bid package was advertised on April 15, 2003 and the bid opening date has been extended (from the original bid opening date of May 22, 2003) to a bid opening on June 10, 2003. The schedule requires that the contract be awarded in June 2003 to maintain the completion date of October of 2004. Presuming acceptable bids, staff would expect to forward the contract award for Council consideration at the regular Council meeting of June 16, 2003. Because of the short tumaround time between bid opening and Council agenda preparation, the Council agenda packet will contain a background memorandum as a "place-holder" for the agenda item. Once the low bidder has been determined and qualified, a supplemental memorandum will be forwarded to the Council with the specifics of a recommendation for the award of the contract. Should the evaluation and qualification of bidders take longer than the time required to submit the recommendations for award at the June 16 meeting, staff will recommend that the Council adjourn the meeting to a subsequent date for consideration of this one item prior to June 30, 2003. Prtnted on Rocycled Papor I ~;~ l Add Alternates and Value Engineering As staff has previously advised the Council, if the construction bids are sufficiently low, staff will first recommend that the add alternates, in priority order, ($350,000) be included in the project. Secondly, the priority value engineering reductions ($345,000) noted in last months report may also be recommended for inclusion back into the project as the low bid may allow. The listings of each of these "add-backs" provided to the Council in earlier status reports are attached to this report. Budget Summary Program Budget (Library, Plaza & Community Hall) $25,500,000 (Less) Community Fund Raising Commitment (FF&E) (1,200,000) Balance Project Budget (Approved Aug 2001) $ 24,300,000 Project Expenditure Estimates - No Change from the April Report Budget estimates: Architectural Consultants - Design Architectural Consultants - Construction Construction Management (CM) Consultants Specialty Consultants (AV, GeoTech, etc.) Temporary Library Phase I Construction Contract Phase II Project 2,450,000* 650,000* 900,000 300,000 500,000 475,000 19,025,000'* Total Project Estimate $24,300,000 *The cost of the Architectural services remains at $3,100,000 anticipating the final amendment of $650,000 to the Architects contract for their continued design and architectural review during construction. **As noted previously the Phase l/ construction project estimate is $16,800,000. However, there a number of items that are being purchased and installed separately during the course of the contract as well as a construction contingency for unforeseen conditions or unknown changes to the project that may be required during the 16- month construction period to ensure its completion as the scope and design had originally intended. These all add up to the Phase II Project estimate of $19,025,000. Furniture, Fixtures and Equipment (FF&E) At the request of Mayor Chang, the original report from the Library Department on FF&E costs is attached to this report. The Library staff had analyzed the library furniture requirements (using the Libris Design software program developed for that purpose) for the 54,000 square foot facility program in the current approved library design. Essentially these costs break down into three areas: New Furniture needs that could be met with used Furniture from the old library $ 104,311 New FF&E that must be purchased $ 707,569 New Shelving that must be pumhased $ 394,750 Total FF&E $1,206,630 This forms the basis of the original $1.2 Million FF&E fundraising target. Although the report is now about 9 months old, there was an escalation contingency allocated to the costs such that they are still considered valid estimates. As noted previously, this approach assumes that the Library Department would be responsible for the acquisition and procurement of these materials. The City would provide minimal design consultation services to ensure that selected FF&E is compatible and complementary to the library architecture and design. The City staff had noted previously that the funding availability for acquisition of the FF&E should be determined in the fall of 2003 (October-November) to ensure sufficient lead time for selection, acquisition, shipping and installation prior to the project completion date of October 2004. Submitted by: Approved for submission: David W. Knapp City Manager City of Cupertino - Library/Civic Center Phase II Proiect List of Value Engineering (VE) Proiect Cost Reduction Items VE Items recommended to be added back into the project as the low bid may allow: Priority Description Cost 1 Reduction in Audio Visual Equipment $ 150,000 2 Reduce number of future power outlets 15,000 3 Reduce number of future tele-data outlets 30,000 4 Reduce quantity of trees throughout site 25,000 5 Delete wireless commtmication infrastructure 40,000 6 Less expensive millwork finishes/materials 15,000 Total "add backs" $ 275,000 VE Items to reduce cost not recommended for add-back Replace stone benches with wood benches in Plaza Substitution of lower cost roof metal Elimination of mast lighting in plaza Substitution of lower cost aluminum wall Substitute extehor cement panels for brick facade Substitute concrete for minor concrete pavers 70,000 360,000 15,000 30,000 150,000 15,000 Total other VE reductions $ 640,000 Total for all VE Reductions $ 915~000 SANTA CLARA COUNTY LIBRARY 1095 North Seventh Street · San Jose, CA 95112 a.~.a. 6 · (408) 293-2326 · (408) 287-9826 FAX DATE: September 6, 2002 TO: Ralph Qualls, Public Works Director I understand that the Council is interested in how the furniture cost estimate was developed and what is.included. I am pleased to outline the process for their information. Original List of Needed Furniture The original library design program was written by David Smith, a library design consultant, in 1998 and accepted by the City Council in 1999. That document outlined' all the furnishings and fixtures that would be needed in the new libraxy. Copies of the original program were given to the Council when it was created and are available fi:om the Library on reques~ Furniture iiems have been cut as the building size was reduced, so we ha~;e modified the original program document, but other, vise all the furniture requests, come fi:om that program. Cost Estimates for the Furniture In 2001, the California State Library released a computer program called "£ibris Design" which was created to help public libraries in the State create library design programs. Part of the program was a carefully researched price list of all known types of library Libris Design Offers three cost estimate options: Iow, moderate, and high. Richard Hall, the author of the Libris Design program; recommends using the 'moderate' cost estimate unless the project is known to have insurmountable funding problems or si~i6cant sources of furniture funding. At the request of the City staff, the Library used the cost estimates of Libris Design to develop a reasonable budget for the approved furniture. This list is attached. Prices listed are based on the 'moderate' selection of price. Santa Clara County Library operates under a Joim Powers Authority and serves the communities of Alum Rode · Campbell · Cupertino fiilroy · Los Altos · Los Altos Hills · 3{llpitas ~ Monte Sereno · Morgan Hill · Saratoga · and tbe unincorporated areas of tbe County. Saratoga Library F-xt~Hence As you may know, the City of Saratoga is building a new Library which will bo completed in the Spring. The new Saratoga Library has ordered or received bids on all of the furniture which will be purchased for the new Library. Ail furnishings will be new. If the price or bid for any piece of furniture differed from the Libris Des/gn estimates, we modified the Cupertino fumitur~ cost list to match the known costs of the Saratoga furniture. This.was necessary only in a few cases, as tbe Libris Design costs have proven .ddditional Furniture F.~penses As listrA on th~ a_ttaehe, d detail sheet, the incremental costs for freight, shipping and sales tax have bcen included for'the Cupertino furniture. Potential Cost Savings for Furniture Re-Use The Library has identified existing furniture which could be re-used in the new Libraxy. All furniture currently in reasonable condition is listed separately on the detail sheet as items that may not need to be replaced. Should fundraising efforts not meet their entire goal, this could be a method to reduce the amouat necessary to open the new library. The drawback is, of course, appearance. The existing furniture will most likely not match the n~w, even if identical items could be located and obtained, as fading, wear and tear will have impacted the appesr~nce of our existing fia-aiture. The Library staffwelcomes the Coundl's suggestions or ideas on the furniture plan. We believe the attached listln5 is a reasonable estimate of costs for the identified library Item Indoor bench Stacking chair Atlas stand Electronic workst. sit-down Electronic workst. stand-up Adult chairs Eleub unic worker. instructor Lounge chair 1-place table 2-place table ,Childran's chaim (Azlult size) 9/6/02 library Browsing Lobby Total St=~ Room Total .. Adult Ref. Total Child. Area Adult Ref. Bus. Ref. CWA Media Magazine Young Adult Total Adult Ref. International Browsing Adult General Media Total All Total Instr. Area Total Children's size International Browsing Adult General Young Adult CWA Parent comer Total 2-piece Childr. Total CWA Adult General Magazines Quiet Study Total Chllden's Area Adult Total 2-place tables Group study Total Cupertino Library Furniture and Shelving # Base Cost incl. of cost Tax, Freight Items Each Installation 450 568 450 568 4 2 6 4O 4O 1 28 14 8 4 1 8 4 81 6 2 4 10 2 25 185 185 1 1 6 2 16 6 6 2 2 38 2 2 4 25 4 20 53 5 28 27 10 24 178 225 t5% Furniture Total ContJngenc7' Cost 653 2613 653 1306 259 10350 735 854 982 982 1080 1354 1080 1364 1060 1364 1080 1364 1080 1364 1080 1354 1080 1364 429 ~9 ~g ~9 ~9 330 417 1569 43921 1569 21960 1569 12549 1569 6274 1569 1589 1589 12549 1569 6274 493 2960 493 987 493 1973 493 4934 493 987 480 88717 1080 1364 1569 1589 1000 1262 1000 1262 1000 1262 1000 1262 1000 1262 1000 1262 1000 1262 1755 2216 780 959 780 959 760 959 760 959 960 1212 980 1212 320 402 320 402 1451 8708 1451 2903 1451 23221 1451 8708 1451 8708 1451 2903 1451 2903 2548 5097 1103 4411 .1103 27571 1103 4411 1103 22057 Type Total $3,919 $10,350 $982 $105,096 $11,840 $88,717 $1,569 $58,052 $5,097 $58,451 1394 6969 1394 36239 $43,208 462 4623 462 11095 $15,718 ' Item Children's chairs Total 4-place table Book truck Deprassible return bins File cabinets 4-place table/chrs. Ama of library Mid-size childr. Presc, hool Mid-size childr. A size childr. Child. Group Preschool International Adult General Magazines Young Adult · Group Study Total Total Elect, Workstations Total Total Total Total Refrigerator Total Dishwasher . Total Task chair Total Guest Chairs Total Return Area CuperlJno Library Furniture and Shelving # Base Cost incL of cost Tax, Freight Items Each Installation 24 230 290 16 198 250 40 6 1190 1502 2 1290 1628 6 1290 1628 4 1190 1502 1 1290 1628 8 1290 1628 1 1290 1628 1 1290 1628 6 1290 1628 35 40 210 250 Return Ama 6 660 830 Circ. Desk 4 660 830 12 Child. Workrrn 2 1610 1610 Staff Copier 3 475 475 Adult workrm 2 475 475 5 Staff Break Rm 4 1200 1200 4. Circ. Workrm 11 2504 2504 Cim. Supv. 1 3967 3967 Child. Wrkrm 6 2873 2873 Child. Pgm. Ln 1 3967 3967 Com. Lib. Spv. I 7500 7500 A Pgm Libn 1 3967 3967 Adult Wrkrm 12 2873 2873 Delivery Area 1 2504 2504 334 288 1727 1872 1872 1727 1872 1872 1872 1872 1872 288 955 955 1852 .546 546 1380 2880 4562 3304 4562 8625 4562 3304 2880 Staff Break 1 800 800 920 Staff Break Rm I 350 350 403 Assigned 15 583 583 670 General 28 456 456 524 Cim. Supv. 2 208 208 239 Child. Pgm. Ln 2 208 208 239 Com. Lib. Spv. 2 208 208 239 Adult Pgm. Ln 2 208 208 239 8 Total Cost 80O4 4600 10354 3744 11233 6909 1872 14978 1872 1872 11233 11500 5727 3818 3703 1639 1093 5520 31676 4562 19824 4562 8625 4562 39647 2880 920 403 10057 14683 478 476 478 478 Type Total $12,604 $92,400 $11,500 $9,545 $6,434 $5,520 $118,337 · $800 $350 $24,740 $1,914 Cupertino Library Furniture and Shelving # Area of of Item librar~ Items Worktable/ Circ. Workrm 3 2 chairs Child. Wrkn-n 1 4x4 Circ. WoW, frs 1 Child. Wrkrm 1 · ' Adult Wrkrm 1 Total 7 Sofa Staff Break Rm 1 Total Lounge chair Staff Break P,m 2 · Total 2 Supply/storage Child. Wrkrrn 1 cabinet Corsrs. Lb. Spv. 1 Staff Copier 2 ~ult Wrkrm 1 Total 5 Lockers Staff Break Rrs 60 Total Outdoor table Staff Patio 1 & chairs/ursbrella ..., Total 1 ! :Subtotal Fumlture that Must be Purchased Baee cost Each 1500 1500 5O0 5O0 5OO 1500 750 800 8O0 800 8OO 5O 2000 Cost incl. Tax, Freight Installation Total Cost 1500 1725 5175 1500 1725 1725 500 575 575 500 575 575 500 575 575 1500 1725 1725 Total $8,625 $1,725 750 863 1725 $1,725 800 920 920 800 920 920 800 920 1840 800 920 920 $4,600 50 58 3450 $3,450 2000 2300 2300 $2,300 $707,569 Furniture Ubrery Could Reuse Folding Table Podium w/r~ght & microphone A-V cart Chair dolly Serf.check unit Desktop data projector Dictionary stand Book trucks All File cabinets All Microfilm cabinet Mia uform Rrs Film carLracks Microform Rm Map file cabinet All Vending Math.' Staff Break Rm Book case Cors. Lb. Spv. Confarense Table Staff Conf, Rm Conference Chairs Staff Conf, Rrs Task Chairs Ail .' '~:'" Arias Stand Adult Ref. ; Index Table Adult Ref. Supply cabinet All 916/02 Story Room 8 Story Room 350 1 574 Story RotOrs I 265 Story Roors 3 215 Circ. Area 2 23000 InsU'. Area 1 1 55 7 23 6 2 2 1 1 16 7 1 1 3 5000 753 210 475 2000 25O0 2O8 456 753 2380 8O0 3 350 403 3220 724 833 833 334 384 384 271 312 935 ' 23000 26450 52900 5000 5750 5750 854 982 982 250 268 15813 475 546 3824 2000 2300 4600 2500 2875 2875 208 239 3827 456 524 3671 854 982 982 3004 3455 3455 800 920 2760 Cupertino Library Furniture and Shelving Subtotal GRAND TOTAL $106,810 $8'~4,378 Item Shelving Library Could Reuse 90"h DF 90"h SF 66"h DF 66"h SF 45"h DF 45"h SF A Frame Ama of libm~/ # =,=~,,, .... Cost incl. of cost Tax, Freight Items Each Installation 162 22 54 17 38 13 24 Total Cost Type Total Shelving which Must be Pumhased 90"h DF 90"h SF 72"h SF 66~'h DF 66"h SF 45"h DF 45"h SF Industrial Equipment Rack A Frame Total All All Circ Desk Ail All All Ail All Ail Ail 440 5 40 90 1 48 12 21 1 45 575 350 350 520 325 500 250 275 300 800 253000 1750 14000 55800 325 24000 3000 5775 300 36800 $394,750 $1,209,128 CUPER TINO DRAFT MINUTES CUPERTINO REDEVELOPMENT AGENCY Regular Meeting Monday, June 3, 2002 ROLL CALL At 9:55 p.m., Chairman Richard Lowenthal called the meeting to order in the City Council Chambers, 10300 Torte Avenue, Cupertino. Redevelopment Agency members present: Chairman Richard Lowenthal, Vice-Chair Michael Chang, and Agency members Patrick Kwok and Dolly Sandoval. Redevelopment Agency members absent: Sandra James. Staff present: Executive Director David Knapp, General Counsel Charles Kilian, Community Development Director Steve Piasecki, Finance Director Carol Atwood, Public Works Director Ralph Qualls, Public Information Officer Rick Kitson, and Deputy Secretary Grace Johnson. APPROVAL OF MINUTES A. Minutes of the January 22, 2002, Redevelopment Agency meeting. Sandoval/Chang moved and seconded to approve the minutes as submitted. Vote: Ayes: Chang, Kwok, Lowenthal, Sandoval. Noes: None. Absent: James. CONSENTCALENDAR B. Audit Report. Kwok/Chang moved and seconded to approve the items on the consent calendar. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. PUBLIC HEARING C. Review of Cupertino Redevelopment Agency Operating Budget for 2002-03. Finance Directoi Carol Atwood reviewed the budget. At 9:56 p.m. the public hearing was opened. No speakers were heard and the public hearing was closed. June 3, 2002 Cupertino Redevelopment Agency Page 2 ADJOURNMENT At 9:57 p.m., the Redevelopment Agency adjourned. Grace Johnson, Deputy Secretary For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at w%rw.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. OF CUPE INO ROLL CALL DRAFT MINUTES CUPERTINO REDEVELOPMENT AGENCY Regular Meeting Monday June 17, 2002 At 10:05 p.m., Chairman Richard Lowenthal called the meeting to order in the City Council Chambers, ! 0300 Tone Avenue, Cupertino. Redevelopment Agency members present: Chairman Richard Lowenthal, Vice-Chair Michael Chang, and Agency members Sandra James, Patrick Kwok and Dolly Sandoval. Redevelopment Agency members absent: None. Staff present: Executive Director David Knapp, General Counsel Charles Kilian, Finance Director Carol Atwood, Public Works Director Ralph Quails, Public Information Officer Rick Kitson, and Secretary Kimberly Smith. PUBLIC HEARING A. Adopt the 2002/03 Budget of the Redevelopment Agency, Resolution No. 02-02. Kwok/Chang moved to adopt Resolution No. 02-02. Vote: Ayes: Chang, James, Kwok, Lowenthal, Sandoval. Noes: None. ADJOURNMENT At 10:06 p.m., the meeting was adjourned. Kimberly Smith, City Clerk For more information: Staff reports, backup materials, and items distributed at the meeting are available for review at the City Clerk's Office, 777-3223. Televised meetings may be viewed live on Cable Channel 26, and may also be viewed live or on demand at ,vww.cupertino.org. Videotapes of the televised meetings are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364.