CC Resolution No. 16-101 Regarding the Appeal of Ms. Kimberly Sandstrom and Affirming the Recommendation of the Housing Commission Regarding the Eligibility of Ms. Sandstrom to Purchase a BMR UnitRESOLUTION NO. 16-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REGARDING THE APPEAL OF MS. KIMBERLY SANDSTROM AND AFFIRMING
THE RECOMMENDATION OF THE HOUSING COMMISSION REGARDING THE
ELIGIBILITY OF MS. SANDSTROM TO PURCHASE A BMR UNIT
WHEREAS, the City of Cupertino (the "City") has since 1993 implemented an
Office and Industrial Housing Mitigation Program and a Residential Housing
Mitigation Program, described in the Housing Element of the General Plan, requiring
the payment of housing mitigation fees by non-residential development and residential
projects with six units or less, and requiring the provision of moderate-income and
median-income housing in developments with seven units or more (the "Housing
Mitigation Program"); and
WHEREAS, the Policy and Procedures Manual for Administering Deed-Restricted
Affordable Housing Units (the "BMR Manual") serves as the day-to-day operational
manual for both City staff and its Below Market-Rate (BMR) program administrator
for BMR units generated by the City's Housing Mitigation Program; and
WHEREAS, the City contracts with West Valley Community Services ("WVCS")
to manage the BMR program, including the determination of eligibility of potential
applicants;
WHEREAS, applicants who desire to rent or purchase a BMR unit in the City
must complete an application demonstrating that the applicant's annual gross income
does not exceed the maximum published limit for the BMR unit; and
WHEREAS, WVCS maintains a waiting list of qualified applicants who wish to
rent or purchase a BMR unit; and
WHEREAS, Kimberly Sandstrom applied to purchase a BMR unit that became
available in January 2016; and
WHEREAS, based on the requirements of the BMR Manual, WVCS determined
that Ms. Sandstrom's annual gross income exceeded the established income limit to
purchase the BMR unit; and
WHEREAS, Ms. Sandstrom has completed three levels of appeal at WVCS; and
Resolution No. 16-101
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WHEREAS, Ms . Sandstrom has completed a fourth level of appeal to the
Housing Commission, which made a recommendation to the City Council that the
City Council affirm the determination that Kimberly Sandstrom was ineligible to
purchase a BMR unit because her income exceeded the established income limit, but
permit Ms. Sandstrom to retain her current position on the BMR waiting list; and
WHEREAS, Cupertino Municipal Code Section 2.08.096 regarding a petition for
reconsideration applies to this Council adjudicatory action. Further, the City of
Cupertino has adopted the time limits contained in the California Code of Civil
Procedure Section 1094.6 and the time within which to seek judicial review of a final
decision is governed by that section.
THEREFORE, BE IT RESOLVED:
Section 1. After careful consideration of the facts, exhibits, staff report, testimony, and
other evidence submitted in this matter, the City Council finds as follows:
1. The foregoing recitals are true and correct and incorporated into this resolution
by this reference.
2. Kimberly Sandstrom's income was correctly determined to exceed the
established maximum allowable income for a two-person household at a
moderate income level in Santa Clara County. Her income was correctly
determined to be $103,648.14, consisting of biweekly income of $96,012.80 and
bonus income of $7.635.34, for a total income of $103,648.14, based on the
provisions of the BMR Manual and as described in the staff report.
Section 2. The City Council hereby further provides that Kimberly Sandstrom retain
her current priority for a two-bedroom unit on the BMR waiting list maintained by
WVCS when new and continuing waiting list applications are accepted in October.
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Resolution No. 16-101
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PASS ED AND ADOPTED this 6th day of December, 2016, at a meeting of the
City Council of the City of Cupertino by the following vote:
Vote Members of the City Council
AYES: Chang, Vaidhyanathan, Paul, Sinks, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk
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